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DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

DUE PROCESS

Congratulations Graduates!!! Winners of the Day Division Superlatives Become a Supreme Court Justice

Winners of the Evening Division Superlatives Become a Trophy Wife/Husband

Become a Supreme Court Justice

FEATURES

Supreme Court Review

page 2

by Joe Sciabica Calendar of Events

page 2

Message from Dean O’Brien

page 3

For New England Law,

page 3

Public Service is a Tradition Not to be Taken Lightly by Ben Dexter

Devin Guimont Kevin Richard Clarence Harper

Judges of Color: Triumphs, Barriers, and

Michael McCann

Be Found at Sweetwater

page 3

Erin Gloster

Is the Best Dressed Become President of the United States

Obstacles Still to be Overcome page 4 by Diana Cabili Learning from Anita

page 4

by Tifanei Ressl-Moyer Voice of NEL|B 1 & 2

Hot or Not?: What’s Heating Up in

Mike Martucci Is the Class Clown/Funniest

Bill Morris

page 4 & 11

Harry Katz

Congress and the Statehouse

Tracy West

Be Teaching at NEL|B in the Future

Has the Best Smile

page 5

by Kim Williams Healthy Body, Healthy Mind: A Brief Guide to Staying at Peak Performance During Finals

page 5

by Nawel Benrabah Senior Superlatives (cont)

Clarence Harper Keith Hampe Caroline Kelly

Nai Hensey

page 6

What Kind of Law Do You Want to

Tim Malloy

Become a Politician

Best Dressed

Practice?

page 6

Where are You Taking

page 6

the Bar Exam?

Never be Found in Boston Again

BLSA 2013-2014: Transforming What It Means to Be a Law School

Open Their Own Firm After Law School

Student by Katherine V. Charles

Grace Harrington Mike Carroll Alex Hock

Felicia Flahive

Kate Desmond

Favorite Professors of the 2014 Graduating Class

Never be Found in Boston Again

Best Smile

Be on a Reality TV Show

Ash Eikelberg Be Teaching at NEL|B in the Future

page 7

page 8

Favorite Classes of the 2014 Graduates

page 8

Interview with Judge Sikora

page 9

by Joe Sciabica

Become a Trophy Wife/Husband

Puzzles & Sports

page 11

Northwestern Football Players Can Unionize

Hillary Rosander Kevin O’Leary Keith Richard

PAGE 1

Moira Daly

page 11

by Maya Kanani What Did You Want to be When You Grew Up?

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Coulthard Says...

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DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

Supreme Court Review Joe Sciabica ‘16 The Supreme Court has provided us with some answers regarding questions involving the First and Fourth Amendments. In particular, McCutcheon v. Federal Election Commission will have influence in the upcoming mid-term and presidential elections. First, the Court has made its decision in Fernandez v. California on the issue of whether the police may search a home when one co-tenant has objected but is not present while the present co-tenant consents to the search. In a 6-3 decision written by Justice Alito the Court concluded that the search was reasonable and that evidence obtained from the search was permissible in court. The key reason the majority cited was the fact that once the co-tenant who objects is not present, the present co-tenant has the power to admit or deny a search by the police. Justice Ginsberg dissented, stating that once the police knew of Fernandez’s objection, a classwarfareexists.com search warrant was required. Continuing with Fourth Amendment issues, the Court must consider the issue in Navarette v. California of whether an anonymous tip and other thirdparty observations is enough reasonable suspicion to pull someone over for reckless driving. A dispatcher in Mendocino County received calls that a pick-up truck had run another vehicle off the road. Officers who received the dispatch began to follow the truck in question and then proceeded to pull it over. The petitioner argues NECIN @ all day NECIN @ all day NECIN @ all day NECIN @ all day that the officer present must independently acquire Trustee’s Room @ 1pm – 2:30pm his own information for reasonable suspicion. Finally, in one of the more controversial cases this term, McCutcheon v. FEC considers how much donors may contribute to Room 502 @ 5pm – 6:30pm campaigns. Originally, there were two types of limits: base and aggregate. Base limits regulate how much a single donor can NECIN @ all day NECIN @ all day give to a single campaign. Aggregate limits regulate Bayside Center, 150 Mount Vernon how much a single donor Street, Dorchester, MA 02129 @ may give to multiple 9:30am campaigns. A four-justice plurality delivered by Chief Justice Roberts found the limit to be a violation of the First Amendment because it restricted the number of interests a single donor could choose to associate with. The plurality found that the aggregate limit, originally imposed by the Room 301 @ 1pm – 3pm Bipartisan Campaign Reform Act was not closely tailored to the goal of the Act and that other means are currently available to combat election corruption. Justice Breyer, in his dissent, found the plurality’s position a disruption of campaign finance laws and interfered with the democratic process. Further Cap & Gown Pick up Cap & Gown Pick up Cap & Gown Pick up GRADUATION!!!! information on these cases and others can be found at Senior Class Reception www.oyez.org.

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DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014 responsibilities as a borrower. Exit interviews for Federal Stafford and Graduate PLUS Loans can be completed online at www.studentloans.gov. Students who have been awarded federal Perkins Loans will receive an additional e-mail from the Office of Financial Aid with instructions on how to complete their Perkins Loan exit interviews. You can review your complete federal loan history online at www.nslds.ed.gov, and we encourage you to do so.

Message from Dean O’Brien The spring is always an extremely busy time at New England Law. Students and faculty are closing in on the end of another successful academic year. Exams loom in the not-too-distant future. Planning for summer fellowships and other opportunities is ongoing. And alumni and friends of the school gather for some of our most popular events.

The Office of Financial Aid also will be holding information sessions entitled “Loan Repayment Strategies: Pick Your Plan” to help graduating students navigate the federal loan repayment process. There are four information sessions remaining:

The activity reminds me of the dynamic nature of the law school and the engaged community that makes it the special place that it is. Two recent events illustrate these points. More than 130 students attended our annual Alumni Career Forum in late March, where they benefitted from the advice and guidance of more than 100 alumni volunteers. The event enables students to explore different practice areas of the law and to learn about many career paths. The enthusiasm with which both students and alumni participated is evidence of the dedicated and supportive nature of our law school community. More than 700 people turned out for our Law Day Banquet and Barrister’s Ball, an annual highlight on the law school’s calendar. We were fortunate to have the Honorable Roderick L. Ireland, chief justice of the Massachusetts Supreme Judicial Court, deliver the keynote address. He was joined by the newly elected mayor of Boston, Martin J. Walsh, along with leaders of the courts and our legal community. It was an inspiring evening that allowed our law school community to come together to celebrate the law and its central role in our society. Summer study abroad with Supreme Court Justice Antonin Scalia New England Law’s Summer Program on International and Comparative Human Rights Law in Galway, Ireland, is a once-in-a-lifetime learning experience that past participants have found exciting, rewarding, and meaningful. The program, at which U.S. Supreme Court Justice Antonin Scalia will teach, runs from June 8 to July 18. Students not only enjoy an exceptional classroom experience but also have the opportunity to explore one of the most beautiful parts of Ireland. The deadline for applying is May 1, so if you are interested, I encourage you to act now. You can learn more at www.nesl.edu/galway or contact Professor Monica Texeira de Sousa, program director. Important financial aid programming Spring is an extremely busy time for students who are graduating in May, which is why I want to urge those students to pay close attention to important reminders and programming from the Office of Financial Aid.

• • • •

May 14, 10—11 a.m., Room 305 May 14, 2—3:15 p.m., Room 305 May 15, 10—11:15 a.m., Room 305 May 15, 2—3:15 p.m., Room 305

To attend a session, you must notify the Office of Financial Aid. Space is limited. CSO events As always, I encourage students to stay connected to the Career Services Office, which offers a wide range of services and programming that can help build resumes and make professional connections. Recent events included the law school’s first Pro Bono and Public Interest Fair, which attracted 11 employers who shared information about volunteer, internship, and postgraduate job opportunities with students. The Judicial Clerkship Panel in early April drew representatives from five state courts who discussed post-graduate judicial clerkship opportunities and internship opportunities for students. CSO members are available to provide advice on résumés, interviews, and networking, so please take advantage of their expertise. Bar exam preparation Because this is the final Due Process of the year, I’d like to remind members of the Class of 2014 that preparation for the bar will get underway shortly after you finish final exams. Please remember that New England Law provides extensive bar preparation support, including exam workshops and classes taught in June and July by Professor Robert Coulthard. Professor Coulthard will be in touch with all members of the Class of 2014 with details and a schedule of the programs being offered. If you have any questions before then, feel free to contact him directly. Congratulations! Lastly, I would like to take this opportunity to congratulate all students on their hard work, dedication, and accomplishments this year. I wish you all a successful completion of the 2013–2014 academic year. I especially want to congratulate members of the Class of 2014 on their pending graduation and add my best wishes as you prepare for the bar exam.

All graduating students who have taken educational loans are required to complete an exit interview during which you will review your rights and

For New England Law, Public Service is a Tradition Not To Be Taken Lightly Ben Dexter, ‘14 Twenty years ago this September, the New England Law community was struck by a tragedy that would change the lives of many, including my own. Mark Charbonnier had just started his fourth and final year in the evening division here at New England Law. After leaving class, Mark would don the uniform of a Massachusetts State Police Trooper, and head out to patrol until his shift ended at 7 AM. He was stationed out of the barracks in Norwell, and would patrol a 25-mile stretch highway from the Braintree split to Plymouth. Partly as a result of his impending law school graduation, Mark had just received approval for a transfer to the Norfolk Naitasia Hensey County DA’s Office to work as a member of that office’s CPAC unit, essentially to serve as a State Police Detective. But until that transfer took effect, Mark continued to patrol the lonely stretch of Route 3 on the South Shore. On the early morning of September 2nd, 1994, on Route 3 Southbound a few yards before the off ramp to Exit 9 in Kingston, Mark stopped a white van driven by a man, unbeknownst to him, who had been paroled after a murder conviction. As Mark approached the vehicle, the driver, still in his seat, fired multiple shots from a .32 caliber pistol, striking Mark just below his ballistic vest before Mark himself returned fire with his own duty weapon, striking the driver. Mark was able to get on his radio and call for help while the driver fled into the nearby woods. Police officers from every corner of the region flooded the scene, quickly apprehending the driver and getting Mark desperately-needed medical attention. Having grown up in Plymouth, my mother worked overnights in Braintree, and at whatever time work happened to wrap up, she would make the long drive on the very highway Mark was responsible for patrolling. The night of September 1st and early morning of 2nd was a light night, and she left work before the break of daylight, happy at the prospect of getting home and into bed before the sun came up. As she reached the area, she saw more police cruisers and blue lights than she had ever before seen in her lifetime. “They almost had the highway closed,” she recently recounted to me. “There was a path barely wide enough for my station wagon—I had to slow down to a crawl. I looked to my right and saw a white van with dozens of police officers around it. I’ll never forget that sight.” Continued on page 10

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DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

Judges of Color: Triumphs, Barriers, and Obstacles Still to be Overcome Diana Cabili, ‘14 On February 18, 2014, the Women’s Law Caucus held a panel consisting of three female judges. Not only that, they were female judges of color. Before you read this and think: so what? I will pose to you the same question: So what? Why should me, you, or, the person sitting next to you care, that for two hours I was sitting in a room listening to these phenomenal women? You care, or at least, you should care, because whether or not you want to admit it, people in this world have not been too kind to each other. Then you say: the world is not fair but look…women are being treated fairly—they can be judges now! And not learnthat.com only that, they are judges who are Black, Asian, Latina… I would respond: Why, thank you world! THIS IS THE GREATEST THING EVER! I would have left my comment at that. However, I sat and listened to these women—these women who, in my opinion, are powerful beyond belief. Their stories, or the path they took, to reach their positions varied, but one thing was similar: they experienced the same environment hostile to women, and even worse to women of color. Yet, when I sat in their midst, and listened to them tell the audience their life stories, I did not see them shake from fear, I did not see weakness, I did not see women demoralized and no longer able and willing to continue the fight. I saw determination, perseverance, strength, and a courage that many would not have after such experiences. I saw a resolve among them that made me think: it’s okay to dream, and to dream BIG. Before my eyes, I witnessed four women who are more than ready, willing and able to go through that door, open it, and keep it open for people like me: a woman, and a woman of color. I say four because, although she is not (YET) a judge, she shared her own experiences; she showed her own strength and courage; and, she stood next to two chief justices and a justice of the district court and like them, was proud to be a woman, a woman of color. So I write this piece to say thank you to all four panelists. You persevere when many would have given up; you are brave when many would choose cowardice; and, you are patient when the world constantly brings you down. You are all phenomenal women! I am truly honored to have met you.

Learning from Anita

Voice of NEL|B

Tifanei Ressl-Moyer ‘16 Among the most obvious ways to diminish the strength of a sexual harassment allegation is to define the issue as: he-said, she-said. She said Clarence Thomas, then Supreme Court nominee, made sexually explicit comments and advances toward her. He said, unequivocally, that Anita Hill, a law professor, made allegations that were not true and they were contrived as an unwarranted attack on him. On April 04, [Anita: Speaking Truth to Power] a documentary created by Academy Award-winning filmmaker Freida Mock opened in theaters in Boston, Atlanta, Chicago, Seattle, and Washington, DC. “I knew that [Mock] would portray my story truthfully. There are some things I am most grateful about, and I am very grateful that she was not only able to talk about the hearings but to talk about me. And that’s a little egotistical.��� Anita Hill’s warm smile spread across her face as she opened herself up to light laughter from the audience at Kendall Square Landmark Theatre in a post-screening Q & A. She was answering an audience member’s question about her relationship to the filmmaker. Hill was just as composed and thoughtful as she was during the hearing for Justice Thomas, over twenty years ago. “There were so many distortions about who I was in 1991. And this film shows my family, colleagues, and friends. They are who I really am.” The film starts off in an uneasy revisit to the day of the nine-hour hearing with Hill’s iconic blue suit. The power contrast of the all-white, male committee sitting together and Hill sitting alone as a black woman is stark and uncomfortable. She said her mixture of race and sex shifted the power dynamic. Joe Biden led the first series of questions, requesting a detailed recount of the incidents Hill told the FBI. Hill reluctantly described the events and nytimes.com admits that she believes the committee was wholly uninterested in hearing from her. Hill said the questions were ill-informed and even hostile. It looked as if they were trying to humiliate her, and that is the consensus among the various people interviewed in the film. It was an ugly issue and it appeared the Senate did not want to deal with it. The film challenged many perceptions, but perhaps most notably questioned the notion that sexual harassment allegations can ever really be reduced to he-said, she-said. The circumstances surrounding the allegations were taken for granted by the committee. They didn’t take advantage of expert witnesses to inform the Senate about the reality of sexual harassment. Throughout the film, there were multiple times that someone lamented to their ignorance of what sexual harassment actually means. Additionally, Thomas’s interactions Continued on page 10

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In light of the recent arguments in the HobbyLobby case, in your opinion, will it ever be possible to separate state and religion? Why or why not? Although I would prefer religion and state to be separate, I don't think it will ever be possible to separate them. We form decisions on what we believe, and religion (or irreligion) influences our beliefs.

Probably not.

No

Yes

To be elected on either platform you need voters. 76% of Americans consider themselves Christian, 5% other religions and 16% are not. So 83% have ties to a religious belief. Those religions have leaders and groups that have considerable money and power to influence their congregations. A potential legislature which brings forth a plan for reduction of influence of those power brokers will not be around long. If the people want a change let them decide. Liberal Separation advocates have a tendency to think everyone is too stupid to decide for themselves. Educating the general public about their options without being condescending would be a good start. Yes. As people seek more religious freedom and tolerance from others, their eyes will (hopefully) open to allowing and being tolerant of those who do not believe as they do.

Not for a long time. Religion is too deeply rooted especially in the South, and people get (oddly) offended at the idea of removing it from State proceedings.

No because people will end up playing the religion card to any argument.

I don't see how that is realistically possible because people have a natural tendency towards religion. Almost all of the sensational cases I've read since 1L year -- and despite the fact that the judges were not even in a court of equity (meaning using strictly cold, hard reasoning) -- have in some way or another either decided the cases based on their religious (moral) beliefs or have admonished the rule of law because it contradicts with their beliefs.

Nope. America is a Christian nation, we're only fooling ourselves to think that the two are separate.

No, because I think there will always be people with strong religious beliefs backed by politicians with the same beliefs that advocate and support those beliefs and values. There will never be 100% separation between state and religion. Religion is too much a part of too many people. Some people will never be able to separate the two. It is unfortunate that the rest of us have to suffer for their ignorance. Probably not. The foundation of the law is religion so I think it would be pretty hard to separate the two not matter how hard we try.

No because those who make the decisions, even the all powerful and mighty judges, will have some form of religion or belief or lack thereof that will always drive them to make certain decisions based on the biases that these beliefs (or lack of) bring.

No because politics surrounds religious ideology. No, the Federal Government has become too large and its various apparatuses have stretched too far. There is no going back. Careful reading makes it clear that Hobby Lobby and the second plaintiff are sincere and the case raises terribly difficult issues. I am all for universal coverage of birth control but this case makes it so, so clear that the line between religion and the state is paper thin at best, and frequently bulges one way or another. I believe we have to try to keep the separation but I don't think this will ever be an easy thing nor do I think it should be.

While I would love to separate the state from religion I don't think it is possible when you have people who base their person, business, and political decisions entirely on their religion. When people are able to separate themselves from religion so will the state. I don't believe that religious values or any other social values will ever be separated from state. Despite the arguments, I don't think the Hobby Lobby case is anymore about religion than Lochner v. New York was about public health.

I think it is difficult to separate state and religion. However, the real issue in this case is not even separating religion and state, but separating individual beliefs from the interests of a company, which is a separate entity that is supposed to be neutral. In this case, and like many others, the values of the individuals in charge are being imputed to the company as a whole, and therefore is blurring the line with what constitutes religious freedom. Our Constitution was made to protect INDIVIDUAL rights from infringement by the government and government officials. It was not designed to protect inanimate entities like a corporation from such infringements, if it is even possible to assert they have the same rights as individuals.

Hobby Lobby assumes that it's money goes directly from the insurance company to the employee (the individual requesting insurance assistance). This is a gross misunderstanding of how insurance works. Insurers basically pool money from all of their customers. They use this pool money to invest, pay expenses, co-payments, etc. Thus if you give money to insurance company A and have a plan for your employees that does not allow for contraceptives to be covered you may still be giving money to contraceptive coverage. This is because the company may have other plans with other customers that do have the contraceptives plan. If they do, the insurance is taking money out of the pool. Thus, as one article succinctly stated: This is not about religious freedom, this is about power.


DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

Hot or Not?: What’s Heating Up in Congress and the Statehouse Kim Williams, ‘15 In today’s society, education is no longer focused on just teaching “reading, writing, and arithmetic.” Primary and secondary schools have become “by proxy parents,” vessels of change for physical and mental health, and businesses. Teachers and school administrators find their time split with what they need to achieve in the classroom and having to find ways to fund schools and their programs, sometimes simply just to keep the lights on and teachers paid. They have also become an extension of law enforcement being forced to police the actions of their students because of rampant drug and alcohol abuse, gang violence, and perpetual truancy and student dropouts. More than ever, education is viewed as the cornerstone to a person’s ability to succeed in life and be able to provide for themselves and their families. The bills highlighted below are just a fraction of the pending legislation in both the Massachusetts Statehouse and Congress dedicated to addressing education-related issues at all levels. Federal Bills  S.2164: Tyler Clementi Higher Education Anti-Harassment Act of 20141 (COLD): This bill is designed to prevent harassment at institutions of higher education by students, faculty, and security staff.  H.R.4326: Student Loan Fair Repayment Act2 (LUKEWARM): Seeks to amend the Higher Education Act of 1965 and the Truth in Lending Act in order to clarify the application of prepayment amounts on student loans.  H.R. 4249: Helping Hungry Students Learn Act3 (LUKEWARM WITH POTENTIAL TO BE HOT): Supports the amendment of the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1996 to expand and improve all federal programs to reduce child hunger as a means to improve students’ ability to focus in class, address issues of child obesity, and combat behavioral, emotional, and academic problems.  H.R. 4172: Student Testing Improvement and Accountability Act4 (HOT): Would amend the Elementary and Secondary Education Act of 1965 to clarify the need for certain academic assessments and reduce the frequency of federally-required testing to allow for more classroom instruction time, decrease burdens on educational resources associated with frequent testing, and cease the practice of “teaching to the test.” Massachusetts Bills  H.415: An Act to assure opportunity for all students with disabilities5 (LUKEWARM): Seeks to improve procurement procedures relating to the development and attainment for opportunities for students with disabilities, including new increases in allowable adjustments for contracts for goods and services related to special education.  S.208: An Act relative to dropout prevention and recovery6 (HOT): Will improve current tracking methods of students and their progress to graduate on time, create new mechanisms and processes to assist with these efforts including parent education and support and the “Massachusetts Graduation Coach Initiative,” and mandates implementation by all K-12 schools.  S.234: An Act relative to financial literacy in schools7 (LUKEWARM WITH POTENTIAL TO BE HOT): Would develop curriculum to be incorporated into K-12 mathematics courses which would teach students about personal finances, including understanding loans, credit card debt, rights and responsibilities of renting and buying a home, investments for retirement, and other important topics in order to help them become self-supporting.  S.2047: An Act relative to healthy kids8 (HOT): This bill condenses several proposed initiatives, including establishing school nutrition education classes, establishing a new physical education pilot program which is more age-appropriate and focused on physical activity, fitness, nutrition and wellness, and requiring mandatory physical education for all K-12 students. Although these bills and others like them address many of the issues facing today’s educational infrastructure, I found myself becoming overwhelmed at the sheer volume of bills that were labeled as supportive of education, but were actually mere fluff. At least 25% of the bills I saw currently pending before Congress and slightly less than those before the Massachusetts Statehouse ask the legislatures to set up or reauthorize special days for recognition including “School Social Work Week,” “Assistant Principals Day,” and “National Read Across America Day.” While the intentions behind these bills are good, they actually pose a distraction from the real issues facing America’s educational system. Maybe if wasteful bills like these were eliminated from the legislative process, legislators would have more time to focus on and pass laws that could actually have meaningful impacts on the education and well-being of our nation’s youth.

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Healthy body. Healthy Mind. A brief guide to staying at peak performance during finals Nawel Benrabah, ’16 CREATE A SLEEP ROUTINE! Maybe make a cup of tea and dim the lights at a certain time every night, or set aside the textbooks for a little Netflix whatever helps you relax and logout from your day. It is best to get a consistent positivefoodie.com amount of quality sleep during the weeks leading up to exams given that the added stress can prevent students from sleeping at all come finals. START YOUR DAY OFF RIGHT! Getting a good balanced breakfast is important to ensuring your entire system has turned on without any glitches. It is recommended that you consume a balance of complex carbohydrates and protein. Think oatmeal, fruit and dairy. If you’re in a rush, grab a granola bar, chocolate milk or yogurt on your coffee run. TAKE TIME TO ENJOY YOUR FOOD! Yes, our schedules are busy and the amount of reading, outlining and review that needs to be done can seem daunting. However, taking the time to enjoy your meals allows not only your body to truly enjoy the nourishment but also gives your brain a chance to breath. Taking regular short breaks during a busy day increases productivity and the quality of your work. So, next time you’re thinking about inhaling your sandwich while skimming pages of your readings, don’t! Take time to smell the ham and swiss. EAT BRAIN HEALTHY FOODS! Some of these include beets, leafy greens, lentils, carrots, eggs, almonds, flax seeds, grass fed beef, sage and fish. The vitamin E, calcium and omega-3’shield your brain from future disease while helping you grow your gray matter today! If you’re struggling with food choices at lunch or dinner, let the brain be your guide! Many quick-food joints offer a variety of spinach based salads with chicken, shrimp and tons of veggies! SKIP THE SUGAR! As tempting as it is to fall for the sweet smells of baked cookies, cupcakes or brownies, understand that our bodies crave instant highs only to plummet quickly back to a state of fatigue. If you’re stuck in the library for 9 hours a day, plugging away at your outline, you’re better off eating some raw or dried fruit, dark chocolate and nuts to help carry you through those workday slumps. FRESH IS ALWAYS BEST! Drink as much water and get as much fresh air as you possibly can! Staying hydrated helps your body and mind recover from the turmoil of a hectic study schedule. Not to mention, water and air improve mental clarity and memory. Stay classy, NEL|B! Above information derived from the National Institutes of Health - U.S. Department of Health and Human Services


DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

Winners of the Day Division Superlatives Be Found in Library

Winners of the Evening Division Superlatives

Raise Their Hand in Class

Be on a Reality TV Show

Raise Their Hand in Class

Be Found in Library

John Felony Zach Heller Dawn Oakes Has the Most School Spirit Become President of the United States

Anthony Del Signore

Ali Hadden

Is the Most Athletic Open Their Own Firm After Law School

Become a Politician

Thomas Balestraccci Justin Starr

Sam Altiero

Leah O’Brien

Bill Morris Keith Hampe

Is the Cutest/Best Couple

Have an Alternative Career with their J.D.

Is the Class Clown/Funniest

Harry Katz

Has the Worst Case of Senioritis

Patrick & Rachel

We could not find a photo of Cameron because he is already out the door. Hector Osequera & Jennifer Berardo & Kayla McEachern Crystal Kennedy

Is the Most Athletic She sped by so fast, we could not get a photo. Ashley Hayes

Cameron Davis

Manish Mathur

Has the Worst Case of Senioritis

Is the Cutest/Best Couple

Celebrity Look-Alike

Be Found at Sweetwater

Angela Codjoe

Tim Malloy

Has the Most School Spirit

Lainie Nissim

Nai Hensey Amin Ganjalizadeh

Carleigh Baldwin

What Kind of Law Do You Want to Practice? Public Interest Super Hero Law Whatever kind I can get a job Whatever pays me Taxation 2% 2% 2% doing Corporate Law & Litigation 2% National Security 2% 13% 2%

Mental Health 2% Medicare Malpractice 4% Maritime 2%

Tim Malloy

Tracy West

Where Are You Taking the Bar Exam? 3

2

Civil Litigation 7%

IP 11%

35

10

Consumer Protection 2%

1

1 6

Criminal Law / Criminal Prosecution 9% Disability 2% Elder Law 2% Employment Law 4%

International law 4% Immigration 4% Healthcare 2% Government law & Public Policy 4% First Amendment 2% Financial Compliance 2%

Environmental Law 4% Family Law 5%

Estate Planning/Probate Litigation 7%

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DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

BLSA 2013-2014: Transforming What It Means to Be a Law School Student Katherine V. Charles, ‘15 It has been an honor serving as the Black Law Students Association’s President, New England Law | Boston Chapter. Prior to law school’s commencement, I had been an avid supporter of the National Black Law Students Association, a 501(c)(3) corporation and the nation’s largest student-run organization representing nearly 6,000 minority law students from over 200 chapters and affiliates throughout the United States and six other countries. My primary goal as President of this esteemed organization was to alter what it meant to be a law school student, incorporating community service, networking experiences, and internship opportunities for members. Throughout the summer, Vice-President Teniola Adeyemi, former Treasurer Danielle Byrdsong, Secretary Blessing Anosike, and I discussed various ways to integrate our goals for the organization into only one academic year. Fall semester events consisted of BLSA’s annual Welcome Back Social Event and General Meeting, Social Mixers with neighboring BLSA chapters in the Greater Boston Region, Northeast Region Black Law Students Association Academic Retreat at Harvard Law School, Educational Discussions at Harvard Book Store, and our successful panel discussion entitled “Mass Incarceration: Disproportionality of African-Americans in the U.S. Criminal Justice System,” based off Michelle Alexander’s novel, The New Jim Crow. Panelists included Honorable Barbara Dortch-Okara; Professor Charles Walker, Jr.; NEL|B Alumni Rilwan Adeduntan, ADA; George Walters-Sleyon, Founding Director of The Center for Church and Prison, Inc.; and Barbara Dougan, Esq., Massachusetts Project Director for Families Against Mandatory Minimums. A new feature of the chapter implemented this year was the Community Service Initiative. As law students, we find it imperative to give back to our community in any reasonable manner. Chanise Brown, Community Service Chair, formed and collaborated events with neighboring organizations, fostering a stronger relationship between community organizations and law students. Current affiliations include NAACP Boston Chapter, Urban League of Eastern Massachusetts, the Commonwealth of Massachusetts House of Representative’s State Representative Gloria L. Fox, Massachusetts Black Lawyers Association, Pine Street Inn, Mass Mentoring Partnership, and Big Brothers Big Sisters of Massachusetts Bay. In addition to engaging in the various community service opportunities offered through the law school, BLSA members extend their assistance to the greater Boston region’s youth. Currently, our members tutor students at Cristo Rey Boston High School in an assortment of courses. BLSA’s Community Service Initiative received widespread acceptance from our members and the greater Boston community. We look forward

to further promoting and enhancing this feature. Moreover, spring semester entailed an array of events, including general meetings, and engagement in Cambridge’s Martin Luther King, Jr. Day of Service at City Hall. Black History Month events ranged from BLSA Jeopardy and an enlightening event entitled “Reproductive Law & Policy: Connecting the Dots” in collaboration with Suffolk University Law School’s Women of Color Law Students Association, to Trayvon Martin Hoodie Day and Teniola Adeyemi’s enjoyable and rewarding Poetry Slam at Rock Bottom themed, Depicting Tales of Oppression Through Art. Furthermore, we continued to implement our community service initiative at Pine Street Inn, serving the homeless. To conclude the academic year, fourteen fortunate BLSA members were afforded the opportunity to have an intimate and informative discussion with prominent Trustee Wayne Budd, current senior counsel at Goodwin Proctor and former Associate Attorney General of the United States, appointed to the position by President George H.W Bush in 1992. I would like to thank Dean John O’Brien, Professor Natasha Tidwell, and Professor Caryn MitchellMunevar for vastly assisting in the success of this event. Needless to say, BLSA had an eventful year, transforming the conventional law school experience, primarily being in class or stuck in the library, into an interactive and thought-provoking experience. This year’s success would not have been possible without the assistance and support of my astounding executive board: Teniola Adeyemi, Blessing Anosike, Chanise Brown, Danielle Byrdsong, and Kemakolam Njoku. Additionally, thank you Pamela Cates, Mawou Francois, and Paschal Sylvester for your involvement in the preparation and execution of our events. I hope that this year’s BLSA e-board set a firm foundation for following BLSA leaders. As students of a notable law school, I cannot help but to admire the strength, persistence, and time of all law school student leaders who work effortlessly to make their organization an unforgettable experience for their members. The Black Law Students Association, New England Law | Boston Chapter, looks forward to another impactful year. Please “LIKE” BLSA on Facebook to view pictures from events, partake in discussions, and learn about various community service, networking, and social opportunities. www.facebook.com/blsanelb.

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DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

Favorite Professors of the 2014 Graduating Class

Professor Mark Bobrowski

Professor David Siegel

Great Mentor!

Professor Robert Coulthard

Learned so much from him. Professor Siegel is my favorite because he terrified me, but I learned the most from him. He says what he thinks.

Professor Coulthard is my favorite because of his commitment to his students.

Professor Jordan Singer Guy sparks it. He was the most effective. He made Civil Procedure fun. I have never had such a clear and enthusiastic professor in my entire life. He’s brilliant but can present the material in a way that is easy to understand. He also challenges his students to be their best. Because he made me want to do my best and he believes in his position as an educator, it’s evident in the way he treats his students.

Professor Lawrence Friedman Most intellectual professor.

Dean Victor Hansen Learned so much from him.

Professor Peter Karol

Professor Charles Sorenson

Very good lectures with thought-provoking conversation. Gives great, honest advice during office hours.

Made ethics applicable to real life. Learned the most. Professor Sorenson is my favorite because he speaks faster than the guy in the micro machines commercials.

Professor Eric Lustig The beard.

Professor Elizabeth Spahn Great Hypos!

Professor Gary Monserud Truly interested in the success and comprehension of his students. He just loved what he did and made us love it also. He’s just fantastic. Most passion. Midwestern perfection. Clearly loves what he does. Professor Monserud is my favorite because of his commitment to his students. He was so enthusiastic in everything that he taught and made me fall in love with even the most boring concepts.

Professor Paul Teich He is so sweet. He ensured all the students understood what was said and why it was so.

Professor Natashia Tidwell She makes life worth living. She is funny and engaging. Professor Tidwell is my favorite because she is hilarious.

Professor Russell Versteeg

Professor Lewis Schulze

Very mello.

Passionate. Engaging and energetic.

Favorite Classes of the 2014 Graduates Advanced Legal Analysis

Trial Practice

Contracts Drafting

“Coulthard is the passing the bar guru” “Coulthard, enough said” “Coulthard is the funniest human on the planet”

“So much fun” “My first practical class”

Lawyering Process Clinic Mediation

Entertainment Law

“Was practical and easy to apply in real life”

Copyright

“For obvious reasons and also I am a huge Patti Jones fan”

“It made me realize what kind of law I want to do”

Environmental Politics

Medical Malpractice Perspectives

“Fun, informative and relaxed”

“It’s what I want to do”

Evidence First Amendment Land Use

“Global legal challenges”

Contracts “Easy”

Criminal Advocacy “Because Prof. Siegel is hysterical” “Interesting topic and you had to learn as the class moved along”

Criminal Procedure “Siegel was awesome”

Criminal Procedure II

National Security “Best discussions” “It’s interesting”

Tax Estates, Gifts and Trusts Civil Procedure

Law Practice Management

Clinical Evidence

“Prof. Smith provided recent alumni speakers every class”

“Very practical experience”

Lawyering Ethics in TV/Film

“Very real”

“Because it was a mix of fun & law”

PAGE 8

Public health Sales Sports law The last one Trademarks “Because Karol taught it”


DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

Interview with Judge Sikora Joe Sciabica ‘16 I recently sat down with Judge Mitchell Sikora of the Massachusetts Appeals Court to hear his perspective on his own career, trends in law and his advice to current law students. DP: What are your favorite type of cases? JS: I enjoy, first, cases presenting issues of constitutional and administrative law. They are typically important because they involve the authority of the government to regulate conduct for a public purpose. Second, business litigation in the nature of contractual disputes, economic torts, and statutory definitions of fair or unfair competition, present intellectually challenging issues of liability and of remedies in the nature of damages and injunctions. DP: What do you consider your greatest accomplishments? JS: Lawyers and judges usually view their accomplishments as the results of particular cases. As an appellate judge, you receive a sense of accomplishment from a decision combining both correct legal doctrine and practical human equities. About five years ago, one of my three-judge panels heard a case involving an appeal from a divorce. A couple had gotten married, had a son, and then divorced shortly afterward. The divorce was bitter. As part of the settlement, the husband was willing to give up his biological son for adoption by the mother. That result would have terminated all rights and duties connecting the father to the son. He wanted that result, at least at the moment of divorce. The wife wanted that result also. The probate judge wisely refused to allow that agreed term. He had appointed a guardian ad litem to represent the interests of the young son. The guardian ad litem submitted an excellent report to the judge. The judge then concluded that the mother and father did not have the right to bargain away the rights of the young son from either parent. He refused to allow the adoption term and observed that the son had a right to a father and that, as children get older, they have a deep and primal yearning to know their biological parents. Our panel affirmed. I drew the decision writing. We observed that the son would lose important potential economic rights if he lacked a father. More importantly, he would lose the many invaluable and intangible benefits available from a dedicated father without the assurance that the mother would ever be able to provide him with a dedicated stepfather. We hoped that the biological father would grow into the role of a dedicated father. We affirmed the reasoning and judgment of the probate judge. That decision felt very satisfying as a matter of legal doctrine and as a matter of optimistic and humane choice. DP: What do you find appealing about constitutional law? JS: The constitutions of the federal and state governments are the paramount sources of legal authority in our society. In college I was a government major. I have always had an interest in the operation of those ultimate sources of authority. High courts in both the federal and state systems apply the constitutions to resolve the great political, economic, and cultural disputes of their eras. Chief Justice John Marshall solidified the federal union with a series of great and fundamental decisions during his thirty-five years as Chief Justice of the Supreme Court from 1801-1835. In modern times, some of our best known judges have applied constitutional law to approve or disapprove of the governments' regulatory powers over the economy, rights of free speech and freedom of religion and association, criminal procedural safeguards, and ongoing cultural disputes. Within the last fourteen years alone, constitutional doctrine decided the election of 2000 and the validity of the Affordable Care Act, reshaping our national systems of delivery and payment for medical care. In addition, constitutional law places a great emphasis upon language. The language of the constitutions, federal and state, becomes crucial as a matter of both vocabulary and grammar. The Second Amendment debate over the right to keep or bear arms reduces to a debate over the grammar of the Second Amendment as well as the history of it. In that light, I often think that our first and perhaps most important law professors may be our best high school English teachers. I should add that the importance of vocabulary and grammar does not end with constitutional clauses. Statutes, regulations, precedents, contracts, leases, wills, trusts, and even emails pieced together as contracts, present us with issues of language. We are always dealing with language. DP: What advice would you give to young lawyers that is generation specific to Millenials? JS: I would advise new lawyers to view their careers in five-year segments, to form specific goals for those periods; and then to reassess their progress. Be patient and develop realistic goals for each five-year segment. A career is a system of first downs and not touchdowns. Also, your ultimate strength and resource are your competence and integrity, and the reputation for competence and integrity growing with the length of your career. In the long run, virtuous lawyers typically succeed. An accurate reputation for competence and integrity is an immeasurable advertisement. It spreads among your clients, your peers, your opposing attorneys (who will often become your friends and the sources of new clients for you as a result of your virtue), and particularly among the judges of your legal community. DP: What advice would you give to future litigators about public speaking? JS: Ideally, try to join an office in which you receive a substantial volume of courtroom work during your first five to seven years. A government office or a legal assistance office will often serve that objective. Those offices contain mentors or instructors able to guide and encourage your development. Law firms can perform the same function, but typically at a slower pace. You can receive superb mentoring from seniors at an excellent firm. However, you will not receive the same volume of courtroom work as you will at a government or legal assistance office during your first career segment. DP: What advice would you give to lawyers attempting to improve their writing? JS: First, be a good reader of legal writing. Be on the lookout for writing which is clear, persuasive, and authoritative. Your adversaries can serve as a source of informative writing. Whenever an adversary delivers an excellent product, study it, learn from it, and perhaps retain it in a reference system for guidance. Also, be alert to excellent writing from the courts and from legal literature. Keep your liberal arts reading valve open. Excellent analytical essays and books from journalists and scholars can prevent shrinkage into parochial legal expressions or stodginess. Finally, excellent fiction can be a source of effective writing, including novels, short stories, or great periodicals. A busy and competent lawyer's work schedule makes extracurricular reading difficult and sometimes impossible. Some lawyers accommodate that limitation by rationing their reading to weekends and the summer time. Meanwhile, keep on writing products, both short and long. If time permits, always edit. An edit almost always improves the product, especially if a little interval of time can separate the first draft from the second one. Legend has it that Brandies once wrote twenty-three drafts of an important opinion before he felt satisfied. I don't recommend twenty-three drafts. However, a good outline, a careful basic draft, and one or two editorial sessions - - and as a luxury an edit by a colleague - - should produce a solid product. DP: If a new lawyer wants to pursue a judgeship, what steps should he or she take or areas of the law should he or she be familiar with? JS: Most judges come from the culture of litigation, either civil or criminal. Litigation, as distinguished from transactional law, puts you into contact with the judiciary throughout your career. In a court of general jurisdiction, such as the Massachusetts Superior Court or the Federal District Court, and for all appellate courts of general jurisdiction, litigation is the best preparation. Let your interest, or your clients, carry you into areas of specialty or familiarity. Some specialties or interests will naturally flow toward a judgeship. For example, probate work will familiarize you with the probate courts and the potentiality of a probate court judgeship. Lawyers from both civil and criminal practice can be excellent judges in courts of general jurisdiction. A new judge will always confront a learning curve. Most lawyers have specialized as either civil law litigators or criminal law litigators. A new judge will have to learn the other category of litigation. Some judges have told me that the learning direction runs more easily from civil to criminal, than from criminal to civil. My observation is that, after a few years, a good judge's work ethic, competence, and integrity make him or her indistinguishably excellent in both major categories of practice. DP: You mentioned that you believe that more lawyers are needed in the media. Why do you believe that? JS: To report legal matters accurately and to educate the public about the law, journalists should have a reasonably firm grasp of legal vocabulary and concepts. Many law school students choose not to practice traditionally. They go into either business, teaching, and sometimes journalism. Someone with a firm legal education can serve as an invaluable journalist for public education in the law. I continue to be surprised that Continued on page 10

PAGE 9


DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

“Learning !om Anita” continued !om page 4

with other employees were not investigated in the process. There were three other women describing dealings with Thomas just as Hill described them, yet the Senate did not call those women to testify. If the other women had been allowed to come forward, the framing of the process might have been profoundly different. “It was clearly a flawed process. What was done was ultimately a disservice to the public,” Hill spoke frankly to the diverse crowd. She mentioned that she wasn’t surprised by the outcome of everything, because Justice Thomas has a lot of political power behind him. However, she shared that she felt if she were to stay out of the public at that point, then they would win. She found her voice that year and she wasn’t going to stop using it. “Yes, things have changed. We changed the conversation, because women spoke up and now it’s time to speak up and talk to our sons.” Hill gave an audience member advice for her daughter just entering the work force. She named three things: find your supporters; understand the landscape of your work place; know what you’re going into, do your due diligence. “So many of us never ask questions about whether or not there have been sexual harassment issues [in your prospective workplace],” Hill firmly gave her opinion. “Sometimes you find out there has, and you decide to work there anyway. But at least you know what you’re getting into.” In theory, all job-seekers should approach an inimical work-environment with ferocity and confidence. But in reality, having to show up to work prepared to fight simply because you are a woman (or due to any other historically oppressed characteristic) can be exhausting. Anita Hill agreed to this film, because she realized a whole new generation is entering the work force without knowing the evolution of sexual harassment. At the end of the film she watched young girls recite the importance of empowerment, she said the world is being left in good hands, and joked, “now, I can retire.” “Interview with Judge Sikora” continued !om page 9

“New England Law, Public Service is a Tradition Not To Be Taken Lightly” continued !om page 3

some major news organizations have few personnel with a good grasp of legal doctrine and concepts. Sometimes independent contractors or consultants fill the gap effectively for those organizations. My major disappointment with the performance of general journalism in legal matters is that it portrays the courts as policy making partisans, or a partisan third branch of government. Typically poor legal journalism reports that a court “threw out arguments” or “sided” with a party. It misses the central function of a court as an arbiter of competing reasoning and as the one branch of government duty bound to provide specific and usually written reasoning for each of its decisions. DP: What is the biggest flaw with the law today as an industry? JS: First, I should give praise before criticism to our profession. It is profoundly idealistic. It believes that an adversary system produces fairness and accuracy. It is always improving and adapting toward an ideal of justice and fairness. Despite all the cultural jokes and inevitable flaws in the system, we should remind ourselves of that professional ideal and an unending effort to achieve it. Most of the rest of the planet is attempting to imitate our legal culture and ideals. Throughout all the criticism of the law and lawyers by our own culture, we should bear in mind its ultimate virtues. No one has suggested an adequate replacement in recent centuries. Compare the quality of life in countries lacking our legal processes. As one flaw emerging in the profession during the past two generations, I would identify the conversion of the profession increasingly from a vocation to a business. Legal periodicals and newspapers now generally report upon, and emphasize the character of, the law as an inevitable business. I have read articles on various techniques of business acquisition. For example, some articles will instruct individual attorneys or law firms upon strategies of charitable donations designed to maximize public imagery and client attraction. Those considerations often seem venal. They are not unethical. They can be demoralizing to persons mindful of the history of the profession from the time of Cicero onward. Most students come to law school because they are idealistic and proud of the history of the rule of law. They can accommodate the inevitable business realities of practice without the loss of that fundamental idealism. One other subtler but expanding problem with the profession may be the notion, sometime propagated by business getting techniques or legal advertising, that ordinary disputes in life and inevitable setbacks or misfortune warrant law suits for their cure. One of the main themes of persons as diverse as Ralph Waldo Emerson in the nineteenth century and Judge Learned Hand in the twentieth century was that individuals should exercise self-reliance rather than dependence on the law to save them from inevitable problems, disputes, setbacks, and misfortune. In particular, the law cannot save you from yourself. Our parents, teachers, coaches, and mentors may turn out in the long run to have been our best law-givers and advisors.

It was the Friday morning before Labor Day weekend, public school was not yet in session and I was enjoying my final days being able to sleep in before starting the 5th Grade. I remember initially being a little miffed when my mother woke me up from a sound sleep. “Something happened on the highway last night…let’s go watch the TV. C’mon, get up.” We sat in front of the television together as details of what happened to Trooper Charbonnier trickled in. I don’t remember either of us going to the kitchen and making any breakfast, and can’t imagine we would have gotten up given how glued to the screen the both of us were. As the sun rose, the news we feared was announced: The trooper who was shot on the highway didn’t make it. I can still see the image in my mind of the reporter standing in front of the hospital as he made the sad announcement. Both my mother and I cried. In the coming days, just how many people whose lives Mark touched became readily apparent. The amazing outpouring of support from every corner of the Commonwealth, and from police departments nationwide was on display at the services for Trooper Charbonnier. I once got into a conversation with Professor Spahn who remembered him well. “He was just a great man,” she recounted, trying to hold back tears and unable to say more. One of my future fellow officers who was at that scene nearly 20 years ago told me, “I didn’t know him, but I remember the Troopers I did know following what happened. I remember being outside the Norwell barracks later that day and seeing how upset they were. It was obvious he was far more than just a colleague.” As for me, I remember watching scenes from the funeral on television and being deeply moved, and thinking to myself, “I want to be part of that.” In 2005, I got my wish and was hired as a Patrolman with the Plymouth Police Department, patrolling the area I grew up in. Some nights, my patrol area ends just two miles from where Trooper Charbonnier made his last stop. When I drive home at night from class, I pass the site, now marked by a permanently maintained roadside memorial to Trooper Charbonnier, lit up by a street light and in the shadow of an American flag. When I took my first tour of New England Law as a potential student, I remember stopping dead in my tracks upon walking through the 5th Floor and spotting the memorial plaque that now hangs outside of Room 507, naming the room “Trooper Mark S. Charbonnier Hall” in his honor. As I write this, less than a week ago, a close friend of mine, Officer Greggory Maloney, fell off his police motorcycle and was killed. As I was preparing my dress uniform for the services coming this week, I was struck by the similarity in the way I hear people describe Mark and how I knew Gregg. Gregg was a salt-of-the-earth man who approached his job with fairness and kindness, and would give you the shirt of his back if you needed it. I hope that some young kid watches Gregg’s funeral as I did with Mark’s services and is moved enough by his sacrifice to pursue a career serving others. As Boston Mayor Marty Walsh commented at this year’s Law Day, “Public service is a noble profession.” Indeed it is. I hope the next time you pass the plaque hanging in front of the door to Room 507 you think of Trooper Charbonnier as not simply the name of a former student who was tragically killed before he made it to graduation, but as someone who never had the opportunity to combine his character with the power of a law degree in order to use it to serve others. That potential now rests in us, current students of this institution. Money is a nice goal and no doubt eases some of the burdens of life, but take it from me: Serving others is far more rewarding. We can all continue to remember Trooper Charbonnier and his sacrifice by doing just that. Rest in Peace MSP 953 EOW 9/2/94 Rest in Peace PPD MC1 EOW 4/1/14 Ben Dexter is a 4LE and served as a past president of the New England Law Federalist Society Student Chapter. He is also the humble recipient of the 2013-2014 Trooper Mark S. Charbonnier Memorial Scholarship awarded in his honor.

PAGE 10


DUE PROCESS | NEW ENGLAND LAW | BOSTON

APRIL 16, 2014

Puzzles & Sports NEL|B Crossword LEGAL TELEVISION

BY ERIC WIND BY ERIC WIND eric.j.wind@nesl.edu eric.j.wind@nesl.edu

NEL|B Crossword LEGAL TELEVISION

Voice of NEL|B What are your summer plans?

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Trying to find an internship in the energy law/compliance field and stay in Boston or in the New England region at the very least!

Still looking for an internship, hopefully paid.

A short two-week visit to Europe, then a summer full of internship goodness.

Work, Sun, Play, Work New England Law | Boston Crossword Latin in the Law

New England Law | Boston Crossword Latin in the Law

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BY ERIC WIND eric.j.wind@nesl.edu

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an orphan S O F 30 Adobe publishing software ab. P R O F O R M A 5 'Yes I can', 'no you ___' E A R A C O N T R A They make honey 6 Opp. Of WSW Northwestern Football32Players Can Unionize R D Q U I D P R O Q U O C 7 The freshmaker 33 Degree similar to a BA A I S E A M E T 8 Day after Fri. Maya Kanani ‘16 35 Exclamation of surprise N O T A B E N E M E N S O 9 Opposite of hot D E E E S U R D U 36 Looked at 13 w/ 1A & 11A I D football E A L players I F N Northwestern A R R O W The National Labor Relations Board of Chicago recently ruled that at University NYC classic ___ & ____ on 37 Hot _____ (whisky cocktail) M A L E F I D E P E in Evanston, Illinois could unionize. Thisletters decision haswhen the potential the landscape of NCAA sports forever. 14 Hometown set w/ Shatner 41 Two that added to tochange the   I Y B F I A T 15 Opposite of from Northwestern University first argued that the players aredramatically considered students and are not employees. The not for me to say :) beginning of Nobel Prize ACROSS 16 James Woods goes from students presented a compelling counterargument, saying that they got paid in the form of scholarships. Each player tors favorite alters the result 1 w/ 11A & 13D skeezy defense to the DA NYC Classic Var. 1 17 Harm keeping the Navy in line “works” or participates in sports between 20 and 50 hours a week while generating millions of dollars for their Parsons, Hewes) 42 Wholesale retailer 10 'Cool' to Screech 20 Opposite of out respective institutions. As a result, players are asking forthe better medical coverage, improved concussion testing, four 11 w/ 1A & 13D 21 One who brokers sexual m Diva 43 Queens drink it in afternoon NYC Classic Var. 2 favors for a profit year guaranteed scholarships, and the possibility of being paid. The concussion testing demand comes on the heels of the recent NFL concussion lawsuit that the pitchers' 12 Smooth and cool 22 In baseball, 45 used before me to express distress 14 Wintertime footwear batter, ab. brainUS damage. The league settled that lawsuit for over $700 million. hinese pan claimed football causes permanent 47 big automaker 18 Artsy NYC Berb 25 Power from the sun 19 Boutique CA firm 27 Abbreviated A former Northwestern48 football quarterback made compelling that he had to give up his pre-med studies and business ending The degree we are alla looking forargument in front of the board, stating 20 Some Apple gadgets 28 Animated legal superhero not for me to say :)

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medical school hopes because his classes would not fit into his football schedule. The university countered 23 byJudge bringing in other Stones' after hours former students who showed Birdman 24 Earth vehicles on Mars 29 Mayberry Defender, still seen in they had been able to fit challenging classes into their schedule while competing in the NCAA at a high level. 26 intelligent & cute retirement homes marine mammal 30 Adobe publishing software ab. The NCAA and Northwestern University both stated they believe students need to focus on what matters most-studying and making sure they can be 30 Computer Brand 32 They make honey Major Swedish Degree similar to a BA successful after graduation. They used the graduation rate of athletes (97% at Northwestern) to prove to the31board that they are more concerned with33academics musical pop group 35 Exclamation of surprise then football and that the athletes are students first. 34 Donnell Firm 36 Looked at Goes with relaxation 37 Hot _____ (whisky cocktail) The football players at Northwestern still face an uphill battle. The university has publicly said that38 should the students be successful in unionizing, they 39 Yes votes 41 Two letters that when added to the 40 Opposite of take beginning of Nobel Prize dramatical will most likely cut the Division I football program. 44 Your crossword editors favorite alters the result Show, (NYC,that Parsons, Hewes) 42 Wholesale retailer The ruling by the Labor Relations Board will only apply to football players at Northwestern but sets aLegal precedent, if upheld, would heavily influence 46 Daytime Courtroom Diva 43 Queens drink it in the afternoon other private universities. Collective bargaining at state universities is governed by the states and not the National Relations Board, so this will anme to express distress 49 Angry, Labor upset 45 not used be before 50 round-bottomed Chinese pan 47 big US automaker issue for state schools. 48 The degree we are all looking for Northwestern has appealed the decision, which could go as far as the Supreme Court if it is successful. It will be years before any kind of decision is final.

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DUE PROCESS | NEW ENGLAND LAW | BOSTON

What did you want to be when you grew up? Famous Singer

Doctor

Lawyer

Car Designer

District Attorney

Lawyer

This school wont be the same without our amazing professors.

Team Consideration – Running this School since 2011!

Astronaut

Rich

Marine Biologist

APRIL 16, 2014

Ghostbuster

Batman Less Responsible

Marine Biologist Writer

Professional Athlete Lawyer

Professional Figure Skater

SWAT/Military Sniper Attorney

Supreme Court Justice

Research Chemist

Lawyer

The first female pope

Clarence Harper is the best; Class of 2014 forever; you are the best around.

Marine Biologist

Neonatologist

A Writer

To the original D2 Crew and Team Consideration (as well as those who merged in), thank you for making the past three years truly memorable and law school bearable. Go out there and do something remarkable. I love you all!! – Alexandria Hock

The Po-Po

Vet

Lawyer

Famous

Normal

Attorney Professional Golfer Baseball player Mad Scientist Probation Officer Lawyer

Homeless

An American

Astronaut

Melissa Libratone thanks for all the help/support, could not have run ACS without you – Kathryn Barry

Lawyer

Coulthard Says... Coulthard-isms “Cooomeee onnn!” “The question is am I smoking too much crack or not enough crack, but you’ll never know.” Q: what do we need to disclose about your criminal past; A: Nothing; Q: Come onnn a little “Am I right? Who’s with me, raise your hand!” “Who actually wants to be in law school anymore? It’s like work release.” “New Hampshire: Live free and die. There we go!” “Who likes death? No one right?” “Nothing matters.” “Patty & I…” “9AM… Ready to test; SACFA BEFLEUR” Coulthard on Life “Lawyers make good drug dealers.” “Eat lots of fruit so you don’t get scurvy.” “Start Smoking + Get Pregnant = Pass the Bar.

“I’m going to set you up with a Persian girl, she’s a lawyer.” “Don’t take coke and try to take the bar.” Coulthard on Misdemeanor Drug Possession “Smoke that prima stuff, mon” “Weed, driving, little of both…” Coulthard on Robbery “We can all learn how to rob a bank together.” “If you’re going to rob a bank, rob one with two exits.” “Hector and I go to a bank.” Coulthard on Felony Drug Possession “What have we learned? Sell Heroine, it will flush down the toilet better than pot!” “So you gotta sell cocaine, not marijuana because it dissolves in water.” Coulthard on Alchohol “A floating cocktail in the sky.

PAGE 12

Amanda Bourell/Tiesha Fields: We did it! You can take us out of E-Division but you can’t take E-Division out of us!


Due Process Issue #4 - AY 2013-2014