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DUE PROCESS | NEW ENGLAND LAW | BOSTON!

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NOVEMBER 12, 2012

DUE PROCESS 'Twas the Week Before Exams by Naitasia Hensey, ’14 adapted !om Twas the Night Before Christmas by Clement Clarke Moore Twas the week before exams, and all through the halls, Not a student was talking, not even the 3Ls. Security stood by the entrance with sympathetic stares, Sending words of hope, “you’re almost there.” The students were hunched over and focused on their books, While caffeine induced hallucinations kept them alert. Locals and travelers, pedestrians all, Passed by the library windows, as snow began to fall, When up in the Cherry Room there boomed a noise. A librarian investigated and found some very rowdy boys. Told to pipe down and get back to business, They burst into laughter once she left their presence. The headlights glared in the new-fallen snow Highlighting students dashing across the wet road. When, what to my blurry, bloodshot eyes should appear, But a delicious Snickers bar to go right to my rear. The grumpy old driver lifted his hand with a flick.

The crossing students so dazed, that they looked sick Realized, almost too late, they nearly got nicked. More hungry than hippos in droves they came, And shuffled through the doors in search of things to keep them sane. “Now Candy! now, Red Bull! now, Sausage Roll and Pizza! On, Five Hour!, On Coffee on No Doze and Chips! To the top of my section! to the top of my class! Now give me a CALI! I need this fuel to pass!

TABLE OF CONTENTS Message from Dean O’Brien!

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Calendar of Events!

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Letter from the Editor! !

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You Are What You Eat !

Student Achievement Awards

And then, suddenly, they all got the news Administration got the idea the library was not being used. A proposal was made to change the weekend hours, Continued on page 3.

The Campaign for Positivism by Genevieve Burguieres, ‘13 In the last issue I announced the “Campaign for Positivism” which I am developing and running throughout my role as SBA President. But better than developing a campaign strategy in one fowl swoop, we will all benefit by having a much more insightful campaign develop and take form over the year. Every successful campaign runs on pillars that set standards of operation. Conveniently for this forum, there are four pillars, allowing me to introduce each pillar in a separate issue of Due Process. The goal is to develop an effective and honed Campaign Strategy for Positivism that you can use today and in the future to get through stressful times. Last issue I introduced the first pillar of positivism: Post the Positive. With the first pillar, the campaign strives to encourage us to reflect in ourselves what we want others to portray: happiness, capability, positivity, and encouragement. By striving

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Be the Best of Humanity !

The excuse of the “hurricane” will no longer fly. The time has passed to try and squeak by. So back to their spots in the library they flew With a sigh of resolve and a pep in their step, too.

By Silvia Sorgato Young! page3

By Naitasia Hensey

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The Waiting Game By Erin Desrochers

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July ’12 MA Bar Exam Results !

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Puzzles & Classifieds!

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to Post the Positive we help achieve a more successful environment and we help each other succeed within that environment. The second pillar of positivism is Pledge Positively. Pledge to do something, pledge to stop doing something negative, or pledge to do something for someone else. Make your pledge count by focusing on it as often as you can. We can all pledge to outline more but that’s not what I mean. Natural disasters, like the recent Hurricane Sandy devastated parts of the North East, and people are pledging to help out. Pledge to throw out litter when you see it. Pledge to call your grandmother. Pledge to cure cancer if that’s what you want to do. Don’t ever shy away from pledging to do something to better yourself, your peers, or others. Use the anxiety you feel from certain injustices and turn it into ambition – pledge to make it better, or try.

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The verb to pledge means: to promise solemnly: to pledge one's support. to give or deposit as a pledge; pawn. to stake, as one's honor. to secure by a pledge; give a pledge for. This pillar was recently developed and learned when I found myself battling through a string of bad luck and negative choices. I needed to refocus; on school, work, responsibility, and life. But I couldn’t seem to do it, until I made a pledge. My pledge is to refocus on the important. By doing so, I can get back to participating in the important things - in holiday giving drives, helping out Hurricane Sandy relief efforts, and making time for my family and real friends. I realize everyone has these whirlwind moments when nothing seems to settle; making a pledge to push through it can help. So the next pillar I want you to embrace with me is Pledge Positively. Pledge a promise solemnly, to give or deposit your pledge, to stake your honor to a pledge, or to secure something by pledge. Choose to pledge positively and you will be operating on the second pillar of positivism. Choose to post and pledge positively and you are halfway to a happier, more efficient, and successful you. Stay tuned to the next issues of Due Process for lots of exciting New England Law news, updates, opinions, and the last two pillars of positivism!


DUE PROCESS | NEW ENGLAND LAW | BOSTON!

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A Message From Dean O’Brien A highlight of the fall semester for me is the annual Student Awards Ceremony, at which we honor the students who excelled during the previous academic year. We recognize students who received the New England Scholar Award, Trustee Academic Scholarship, and CALI Excellence for the Future Award, as well as those who represented the school in an advocacy competition in which they or their team were finalists or won an award. The list of students and awards is available elsewhere in this publication and on our website at www.nesl.edu/student/ awardsceremony. Our program of legal education is challenging, and we are proud of each student who works hard and earns a J.D. Individual students demonstrate different strengths during their years of study; the Student Awards Ceremony reminds me each year of how many dedicated and hard-working students we have at New England Law | Boston and how much their success in law school means to them. Another area of student accomplishment is the excellent work done by the editorial staffs of the New England Law Reviewand the New England Journal on Criminal and Civil Confinement. Both publications are holding their annual symposia this fall. The Journal a symposium last month on sentencing juveniles in the wake of the U.S. Supreme Court’s Miller v. Alabamadecision. Law Review’s symposium, scheduled for this week, examines the significant fiscal challenges faced by our state courts. I want to commend the editors and staff members who work on these events and thank them for providing these valuable programs for the law school community. I know they work hard to attract such distinguished participants and to offer compelling discussions of timely issues. As you learned in a message from Dean Greenberg, we have decided not to make any changes in the library hours, based on a review of library usage on Friday and Saturday evenings and on feedback from students. I appreciate receiving input

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NOVEMBER 12, 2012

from the students who responded to the request for comments. When we are considering a change in policy or procedure that will impact students, we always try to solicit ideas and reactions from the student body, either directly or through the SBA, before making a decision. As much as possible, we want student needs to drive our schedules and procedures. I hope that students are pleased with the appearance of our new building signage, which is now consistent with the name that we use everywhere else. I am aware that there was unexpected noise during the installation that disturbed some classes and events. We asked the installation company about possible disruptions and were told that there would be none. Once the Journalstaff alerted us to the situation, work was stopped immediately. We hope that not too many faculty and students were impacted, and we will certainly be even more attuned than usual to the potential for disruption during work on the building in the future. Related to our name, one student raised a question recently that we thought other students might have wondered about as well. The student inquired why the website and e-mail addresses remain “nesl.” When we first adopted the new name, we investigated changing the website and e-mail addresses. However, the agency that manages “.edu” web addresses limits each educational institution to one URL, unlike “.com,” “.org,” or “.net.” The process of changing to another “.edu” address must be accomplished within six months before the first address is discontinued. Because many of our online and server systems are linked to the “nesl.edu” address, it would be a time-consuming and costly process to make this change, and we would risk losing information and connections when the old address was removed. If this policy changes in the future, we would certainly expect to change our website and e-mail addresses. I hope that the rest of the semester goes well and that you have a happy and healthy Thanksgiving with family and friends.

NEL|B Events Nov. 12 - Dec. 1 Mon

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Environmental Law Society bake sale, mug sale and raffle. Bring your own mug for a free coffee!! 7am-5pm

PILA food drive! PILA clothing drive!

PILA food drive! PILA clothing drive!

PILA food drive! PILA clothing drive!

PILA food drive! PILA clothing drive!

Center for Law and Social Responsibility and Environmental Law Society present “The Last Mountain” A film about mountaintop removal coal mining and the final installment in their Eco-film series for the fall semester.

MSA Potluck in Cherry Room. 5:30 - 7:30pm

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Public Interest Law Association Food Drive, food will be donated to a food bank the weekend before Thanksgiving. Food drive Nov. 5th - 16th Clothing drive Nov. 5th - 30th

Black Law Student Association Outlining Session 6 - 8pm in Room 506

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PILA clothing drive!

PILA clothing drive!

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PILA clothing drive!

PILA clothing drive!

PILA clothing drive!

PILA clothing drive!

PILA clothing drive!

South Asian Law Student Association. Mentor/Mentee Finals “Prep” Talk 7 - 9pm at Sweetwater

OUTlaws World Aids Day bake sale benefiting Partners in Sexual Education. All day in the lobby

Happy Thanksgiving!!

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DUE PROCESS | NEW ENGLAND LAW | BOSTON!

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‘Twas the Week, from page 1. The students said, “no way! this place is ours!”

And had nightmares of uncertainty interrupting their flow.

The students, they stirred, and said, “this is madness!” And they expressed their concerns with logic and sadness. The powers that be actually sat back, Realized the students were right, and put the hours back.

The 2Ls, they hoped, this round would be better, And knew right away their hope did not matter. The exams, they knew, would always be tough, And they worried they could never study enough

The exams continued, the students were buried. Especially the 1Ls who were so not ready. They stocked up on supplements to get in the know,

The 3Ls were over it, you could see it in their faces, The look of boredom from nearly finishing the race Passing on their wisdom to those below, “Don’t you know as a 3L all you have to do is show?”

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NOVEMBER 12, 2012

Professors entered the room just in time To see all their students still reviewing outlines. With a box of exams, they delivered a smile, And the students were put at ease for just a little while. Earplugs were in. The sound of pen to paper a scratch. By exam number four, they were about to crack. At once it was over as soon as it began. “It’s over, we’re done!” The students all said. And then one reminded them, “We have to do this again.”

Letter from the Editor Patience O. Babajide, ’13 As citizens of the United States of America, we are endowed with so great an inalienable right to vote. Blood was shed for this right. The battle was fought by men and women, and blacks and whites alike, who had one goal in mind – that every citizen of this nation might have a say in their democracy. Are we there yet? On November 6, 2012, after months of campaigning, debates, and media frenzy, the people of the United States voted to re-elect President Barack Obama as President. We exercised a right that in 1790 was assigned only to those white male adults who owned property; that by 1920 women had fought for almost 100 years to obtain. Almost 150 years after the 15th Amendment to the United

States Constitution passed, giving former slaves the right to vote, we can begin to embrace the reality that we are almost there. But there remains much work to be done.

To enjoy the freedoms of a democracy, we must embody the vision of democracy. For millions of individuals here in the United States and around the world, the right to vote remains a dream

You Are What You Eat by Silvia Sorgato Young ’15 An increasing number of genetically modified (“GM”) foods are being sold in US grocery stores every day. In the US, around 94% of the soy crop, 95% of the sugar-beet crop, and 88% of the corn crop are genetically modifiedMark. These are prevalent ingredients in processed foods, making more than 30,000 products sold on US grocery shelves GM foods, and companies are not required to label them as such. There’s a lot of controversy surrounding genetically modified organisms (GMOs). These organisms are produced through the manipulation of genes by introducing, eliminating or rearranging specific genes using the methods of modern molecular biology2. The DNA of the organism is altered in a way that does not occur naturally. It is important to note that patented GE crops and the pesticides used harm the degree of variation among agricultural life forms. Author Jeffrey Smith has stated that F D A scientists show an overwhelming consensus that GMOs could c r e a t e allergies, toxins, and new diseases. In the 90s, M i c h a e l Ta y l o r, a f o r m e r Monsanto attorney, was hired to oversee the creation of GMO policy for the FDA. The agency refused to acknowledge the substantial differences between GMO and non-GMO foods, and

deferred. Racial, ethnic and other minorities still struggle to obtain this right. Those who commit crimes, the homeless, disabled persons, and many others remain disenfranchised. That is no democracy. We must allow ourselves to have a voice; we must permit others the right to address their frustrations; we each must fight to suppress injustice; and above all, we must rise above our differences and unite for the betterment of ourselves and this nation. This is how we begin to have a say in our democracy – this is how we get there. God Bless the U.S.A.

came to a different conclusion without considering independent research or objections by several of its staff scientists3. T h e majority of other countries require some sort of labeling for GM foods. In California, Proposition 37, in the 2012 Election ballot, addressed the proposed requirement for GM foods to be labeled. Monsanto spent millions of dollars to oppose it, even though in 1997 the company supported the labeling campaign of GM foods in UK4. The vast production of GMObased foods raises concerns, not only of health safety and the environmental impact of GM crops but also, over the unrestrained control that large multinational corporations like Monsanto exercise over food supply. GMOs labeling is an important and pressing issue. Justlabelit.org is campaigning to have the voice of consumers heard. On that website, interested individuals may sign a petition urging the FDA to require proper labeling of GM food products. It is our right to know what’s in the foods we consume. A free market calls for informed consumers and a growing society calls for healthy and responsible people. Mark

http://www.greenamerica.org. http://www.usda.gov/wps/portal/usda/usdahome? contentid=BiotechnologyGlosary.xml&navid=AGRICULTURE. 3 http://www.greenamerica.org/pubs/greenamerican/articles/AprilMay2012/GreenAmerica-Interview-with-Jeffrey-Smith.cfm. 4 http://www.mercurynews.com/elections/ci_21452920/monsanto-fighting-effortslabel-genetically-engineered-food-california 2

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DUE PROCESS | NEW ENGLAND LAW | BOSTON!

Students Honored for Achievement in 2011-2012 Academic Year The following students excelled academically in 2011-2012, receiving New England Scholar Awards (top ten percent of each class), Trustee Academic Scholarships (top two students in each class of each division), or CALI Excellence for the Future Awards (sponsored by the Center for Computer-Assisted Legal Instruction to recognize the highest ranked students in specific courses). Also honored were those who represented the school in an advocacy competition in which they or their team were finalists or won an award. The students listed here were honored for their achievements at a ceremony hosted by the law school on Friday, November 2. Alex B. Aferiat New England Scholar Award Elizabeth R. Ahmadi New England Scholar Award Whitney A. Alexander CALI Excellence for the Future Award (Negotiation) Jessica M. Alfano CALI Excellence for the Future Award (Estate Planning; Uniform Commercial Code: Secured Transactions; Wills, Estates and Trusts II) New England Scholar Award Elizabeth P. Alfred CALI Excellence for the Future Award (Perspectives in Law: Criminal Defense Ethics) Wanda M. Allen CALI Excellence for the Future Award (Corporate Mergers and Acquisitions; Taxation of Estates, Gifts and Trusts) N a t i o n a l Ta x M o o t C o u r t Competition (First Runner-up; Best Brief)

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Giselle Marie Asuncion CALI Excellence for the Future Award (Perspectives in Law: Financial Sector Compliance) Shannon M. Baglole New England Scholar Award Christina S. Bailey New England Scholar Award Katherine G. Bakes CALI Excellence for the Future Award (Business Transactions for Lawyers) Erika M. Barber New England Scholar Award Lora E. Bash CALI Excellence for the Future Award (Children and the Law) Brett A. Bauman CALI Excellence for the Future Award (Employee Benefits Law; The Law and Ethics of Lawyering) New England Scholar Award

William N. Brekka CALI Excellence for the Future Award (Property) New England Scholar Award Robert J. Brennick CALI Excellence for the Future Award (Juvenile Law) Gregory P. Brucato CALI Excellence for the Future Award (Business Organizations; Criminal Procedure II; The Law and Ethics of Lawyering) Robert M. Buchholz CALI Excellence for the Future Award (Massachusetts Evidence) New England Scholar Award Kristen L. Bugden CALI Excellence for the Future Award (Children and the Law)

John G. Bergstresser CALI Excellence for the Future Award (Wills, Estates and Trusts) New England Scholar Award

Andrew D. Burek CALI Excellence for the Future Award (Employment Law; Massachusetts Practice and Procedure)

Michael J. Berwanger CALI Excellence for the Future Award (Perspectives in Law: Evidence and Advocacy)

Matthew C. Campbell New England Scholar Award

Kimberly A. Bielan CALI Excellence for the Future Award (Modern Real Estate Transactions; Uniform Commercial Code: Sales) New England Scholar Award Monika A. Bobo CALI Excellence for the Future Award (The Law and Ethics of Lawyering) Jennifer L. Boger CALI Excellence for the Future Award (Advanced International and Comparative Law: International Human Rights; Negotiation) New England Scholar Award

Wassem M. Amin CALI Excellence for the Future Award (Lawyers as Entrepreneurs and Representatives of Entrepreneurs)

Lindsay C. Bohan CALI Excellence for the Future Award (Property) New England Scholar Award

Alaina N. Anderson New England Scholar Award

Kristen K. Boniello CALI Excellence for the Future Award (Modern Remedies) New England Scholar Award

Elizabeth A. Anderson CALI Excellence for the Future Award (Business Organizations; The Law and Ethics of Lawyering) New England Scholar Award

(Administrative Law; Massachusetts Practice and Procedure)

Jesse J. Bousquet, Jr. CALI Excellence for the Future Award

Jillian T. Cappucci CALI Excellence for the Future Award (Advanced International and Comparative Law: European Union Law) Anthony G. Cardamone CALI Excellence for the Future Award (Health Care Law) Amanda M. Caruso CALI Excellence for the Future Award (Modern Real Estate Transactions) New England Scholar Award Elizabeth A. Casler New England Scholar Award Leah M. Cataldo CALI Excellence for the Future Award (Trademarks and Unfair Competition) Juliana Catanzariti CALI Excellence for the Future Award (Personal Income Tax; Perspectives in Law: Electronic Discovery and Evidence) New England Scholar Award Trustee Academic Scholarship James E. Clancy, IV CALI Excellence for the Future Award (Negotiation)

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NOVEMBER 12, 2012 Scott W. Clark CALI Excellence for the Future Award (Business Organizations) Nikolette Y. Clavel CALI Excellence for the Future Award (Negotiation) New England Scholar Award Michael T. Cofield CALI Excellence for the Future Award (Taxation of Estates, Gifts and Trusts) New England Scholar Award Christopher A. Colonna CALI Excellence for the Future Award (Advanced International and Comparative Law: United Nations Law) Michael P. Courtney New England Scholar Award Christopher D. Crowninshield CALI Excellence for the Future Award (Wills, Estates and Trusts) New England Scholar Award Margaret F. Curley CALI Excellence for the Future Award (Advanced Constitutional Law: Freedom of Expression in the First Amendment) Ryan J. Cuthbertson New England Scholar Award Trustee Academic Scholarship Cameron C. Davis New England Scholar Award Alexandria E. De Aranzeta CALI Excellence for the Future Award (Mediation) Anthony Del Signore CALI Excellence for the Future Award (Criminal Procedure) New England Scholar Award Benjamin E. Dexter CALI Excellence for the Future Award (Military Justice) Nicholas J. DiMedio CALI Excellence for the Future Award (Uniform Commercial Code: Negotiable Instruments) Michael W. Disotell New England Scholar Award Laura A. Donohue New England Scholar Award Julian T. Egolf CALI Excellence for the Future Award


DUE PROCESS | NEW ENGLAND LAW | BOSTON! (The Law and Ethics of Lawyering; Mediation) Matthew C. Ellison New England Scholar Award Grete A. Engel CALI Excellence for the Future Award (American Indian Law) Kayla L. Fahey CALI Excellence for the Future Award (Criminal Procedure II) Han L. Fang CALI Excellence for the Future Award (Consumer Protection) Sarah E. Faust New England Scholar Award Trustee Academic Scholarship Sarah H. Fay CALI Excellence for the Future Award (Contracts) Adam M. Fiedler New England Scholar Award Erin E. Fitzgerald CALI Excellence for the Future Award (Criminal Procedure; The Law and Ethics of Lawyering; Nonprofit Organizations) New England Scholar Award Julianne C. Fitzpatrick CALI Excellence for the Future Award (Uniform Commercial Code: Sales) Felicia L. Flahive CALI Excellence for the Future Award (Civil Procedure) Danielle J. Flynn CALI Excellence for the Future Award (Evidence; Juvenile Law; Mental Health Law) New England Scholar Award Joseph R. Flynn CALI Excellence for the Future Award (Contracts; Criminal Law) New England Scholar Award Trustee Academic Scholarship Larisa Freyman CALI Excellence for the Future Award (Housing Discrimination) Nikolas K. Frye CALI Excellence for the Future Award (Law and the Elderly) Elizabeth M. Funk CALI Excellence for the Future Award (Worker’s Compensation)

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Andrew P. Garza CALI Excellence for the Future Award (Criminal Advocacy; Criminal Procedure II; Perspectives in Law: Sentencing Law, Policy and Practice) New England Scholar Award

(Perspectives in Law: Wrongful Convictions)

Jacob Goodelman New England Scholar Award

Andrew M. Higley New England Scholar Award

Tyler D. Greaves New England Scholar Award

Everett S. Hirose CALI Excellence for the Future Award (Alternative Dispute Resolution)

Benjamin J. Greene CALI Excellence for the Future Award (Mediation) Stephanie N. Gregoire CALI Excellence for the Future Award (Advanced International and Comparative Law: International Criminal Prosecution Nuremberg to the Present) Devin T. Guimont CALI Excellence for the Future Award (Criminal Law; Torts) New England Scholar Award Trustee Academic Scholarship Robert J. Guman CALI Excellence for the Future Award (Administrative Law; The Law and Ethics of Lawyering; Legislation; Modern Remedies) New England Scholar Award Trustee Academic Scholarship David A. Habeeb CALI Excellence for the Future Award (Trial Practice) Kate A. Haber CALI Excellence for the Future Award (Alternative Dispute Resolution; Contemporary Popular Criticism of American Lawyers and the Legal System) Erik T. Hagen New England Scholar Award Kimberly A. Heffernan CALI Excellence for the Future Award (Uniform Commercial Code: Sales) New England Scholar Award Shana A. Heisey CALI Excellence for the Future Award (Administrative Law; Criminal Procedure; The Law and Ethics of Lawyering) New England Scholar Award Trustee Academic Scholarship Zachary P. Heller New England Scholar Award Kathleen M. Heyer CALI Excellence for the Future Award

Tiffany L. Higgins CALI Excellence for the Future Award (Business Planning; Sports Law)

Melaney G. Hodge CALI Excellence for the Future Award (Advanced Constitutional Law: Civil Rights) Amanda L. Hollyoak CALI Excellence for the Future Award (Refugee and Asylum Law) New England Scholar Award Alyssa M. Holmes CALI Excellence for the Future Award (Government Lawyer) Michael S. Holtzman New England Scholar Award Erin E. Hysell CALI Excellence for the Future Award (Criminal Procedure; Perspectives in Law: Judging and Judicial Process) New England Scholar Award William P. Isenberg CALI Excellence for the Future Award (Clinical Evidence) Rachel O. Jacobovits CALI Excellence for the Future Award (Perspectives in Law: Education and Economic Mobility) Adelina E. Janiak New England Scholar Award Leigh A. Johnson CALI Excellence for the Future Award (Evidence) Shyamalee A. Joseph CALI Excellence for the Future Award (Education and the Law) Jennifer W. Kain CALI Excellence for the Future Award (Perspectives in Law: Public Health Law) Alexandra R. Kane New England Scholar Award Rosalind M. Keegan CALI Excellence for the Future Award (Torts)

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NOVEMBER 12, 2012 Justin A. Kesselman CALI Excellence for the Future Award (Business Organizations) N a t i o n a l Ta x M o o t C o u r t Competition (First Runner-up; Best Brief) New England Scholar Award Melissa L. Kiefer CALI Excellence for the Future Award (Mental Health Law) Steven M. Killelea CALI Excellence for the Future Award (Federal Courts) Alicia Littleton Kimi CALI Excellence for the Future Award (Advanced Legal Research) New England Scholar Award Anna M. Knapp CALI Excellence for the Future Award (Government Lawyer) Jeffrey D. Knight CALI Excellence for the Future Award (Evidence; Federal Courts) New England Scholar Award Kimberly K. Kroha CALI Excellence for the Future Award (Business Bankruptcy) Icelle P. Ku CALI Excellence for the Future Award (Perspectives in Law: Food and Drug Law) Alexandra K. Kurtovic CALI Excellence for the Future Award (Negotiation) Grace E. Kyne CALI Excellence for the Future Award (Wills, Estates and Trusts II) Jaclyn B. Latessa New England Scholar Award Michael P. Leaser CALI Excellence for the Future Award (Constitutional Law; Evidence) New England Scholar Award Robb D. Levine CALI Excellence for the Future Award (Property) New England Scholar Award Trustee Academic Scholarship Lillian Li New England Scholar Award Beth F. Lloyd-Jones CALI Excellence for the Future Award (Advanced Constitutional Law: First Amendment)


DUE PROCESS | NEW ENGLAND LAW | BOSTON!

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NOVEMBER 12, 2012

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SBA Law Day Committee

The$Minority/Multicultural$Student$Association!(MSA)!in!collaboration!with:! !

is hosting an online  College Football Bowl Games Pick'Em this year. Watch your email in the next week for info on how to participate in the game! It will be run through ESPN online, winners will get great prizes donated by area businesses, and of course there is NO ENTRY FEE.

The!Charles!Hamilton!Houston!Enrichment!Program!(CHHEP)! The!Asian!Pacific!American!Law!Student!Association!(APALSA)! The!Black!Law!Student!Association!(BLSA)! The!Latin!American!Law!Student!Association!(LALSA)! The!South!Asian!Law!Student!Association!(SALSA)!

! Would!like!to!present! !

nd

The!2 !Annual! MSA!Potluck! !

November!16,!2012!

Only 1 entry/student and the game is open only to students.

5:30pm!–!7:30pm!

Contact Brian.P.VandenBosch@nesl.edu for questions!

Cherry!Room! !

This!is!a!unique!experience!to!try!a!different!array!of!cultural!food!while!getting!to! know!your!fellow!peers,!discussing!social!and!legal!issues!that!are!faced!within! our!respective!communities!and!embracing!the!diversity!with!the!NEL|B! community.!! ! All!are!welcome!and!we!hope!to!see!you!there!!!

BLACK LAW STUDENTS ASSOCIATION

TUESDAY, NOV13TH 6:00PM – 8:00PM ROOM 506 REFRESHMENTS WILL BE SERVED Please contact jeanna.m.phimmasen@nesl.edu with questions or inquiries.

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DUE PROCESS | NEW ENGLAND LAW | BOSTON! Michael R. Lombardi New England Scholar Award Brian E. Maher CALI Excellence for the Future Award (Perspectives in Law: Intellectual Property Survey) Colin P. Maher CALI Excellence for the Future Award (Copyright Law) Michael J. Malone CALI Excellence for the Future Award (Contracts Drafting) William L. Maranville CALI Excellence for the Future Award (Land Use) Erin J. Margolius American Bar Association Client Counseling Competition (Second place, Northeast Regional Competition )

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Michael J. McCann CALI Excellence for the Future Award (Property) New England Scholar Award Ryan J. McClure New England Scholar Award

Brian McNiff New England Scholar Award Allison R. McNulty New England Scholar Award Nicole M. Melman New England Scholar Award

Jennifer A. McGill New England Scholar Award Robert P. McGovern, Jr. CALI Excellence for the Future Award (Advanced Constitutional Law: Freedom of Expression in the First Amendment) Gabriela McLane CALI Excellence for the Future Award (Perspectives in Law: The Federal Judge) Sarah A. McNeely CALI Excellence for the Future Award (Law Practice Management) New England Scholar Award

Richard J. Meurin New England Scholar Award Nicole M. Miller New England Scholar Award Michael R. Mizzoni New England Scholar Award Christopher A. Monson CALI Excellence for the Future Award (Public International Law; Uniform Commercial Code: Negotiable Instruments; Uniform Commercial Code: Secured Transactions) New England Scholar Award Trustee Academic Scholarship

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NOVEMBER 12, 2012 Ashley B. Monteiro New England Scholar Award Falan A. Morrocco New England Scholar Award Samuel M. Mortimer CALI Excellence for the Future Award (Securities Regulation) New England Scholar Award Amanda L. Mulhall CALI Excellence for the Future Award (Community Courts: Problem Solving) Kristen A. Mullen New England Scholar Award Sean Murphy New England Scholar Award Trustee Academic Scholarship Tanya Mustacchio CALI Excellence for the Future Award (Negotiation)


DUE PROCESS | NEW ENGLAND LAW | BOSTON!

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Vladimir L. Nechev CALI Excellence for the Future Award (Immigration Law)

Christina E. Peura CALI Excellence for the Future Award (Readings in Contract Law)

Maura Nicholson CALI Excellence for the Future Award (Advanced Constitutional Law: Law and Religious Freedom; Domestic Violence; Perspectives in Law: Animal Law; Perspectives in Law: Massachusetts Estate and Trust Administration) New England Scholar Award

Thomas F. Pfeifer New England Scholar Award

David L. Sheppard-Brick CALI Excellence for the Future Award (Wills, Estates and Trusts) New England Scholar Award

Brittany R. Pierce CALI Excellence for the Future Award (Family Law) New England Scholar Award

Michael E. Sheridan American Bar Association Client Counseling Competition (Second place, Northeast Regional Competition )

Bobbysue A. Pulizzi CALI Excellence for the Future Award (Uniform Commercial Code: Sales)

Cathryn G. Shoemaker CALI Excellence for the Future Award (Family Law)

Tess E. Reagan New England Scholar Award

Stephen W. Shorey CALI Excellence for the Future Award (Civil Procedure) New England Scholar Award

Elizabeth R. Nicoll CALI Excellence for the Future Award (Administrative Law) Kozeta Nuko CALI Excellence for the Future Award (Uniform Commercial Code: Sales) Allison E. O'Connor CALI Excellence for the Future Award (Mediation) David P. Oberkofler CALI Excellence for the Future Award (New York Practice) Erin E. Odell CALI Excellence for the Future Award (Environmental Law) New England Scholar Award Meaghan A. Olejarz New England Scholar Award Eric C. Oliver New England Scholar Award Meghan K. Oreste New England Scholar Award Dorian M. Page CALI Excellence for the Future Award (Criminal Procedure II) Georgia Panagiotopoulos CALI Excellence for the Future Award (Modern Real Estate Transactions) New England Scholar Award Gregory S. Paonessa New England Scholar Award Amy B. Parker New England Scholar Award Joanne L. Payne CALI Excellence for the Future Award (Business Organizations) William C. Peever CALI Excellence for the Future Award (Torts) New England Scholar Award

Heather G. Reid New England Scholar Award David J. Relethford CALI Excellence for the Future Award (Civil Procedure; Contracts) New England Scholar Award Allison A. Reuter New England Scholar Award Keeley C. Rice CALI Excellence for the Future Award (Family Law) Keith P. Richard “rish-ard” CALI Excellence for the Future Award (Constitutional Law; Contracts; Torts) New England Scholar Award Trustee Academic Scholarship Michael S. Rispin CALI Excellence for the Future Award (Advanced Legal Research)

New England Scholar Award

Brock S. Shriver New England Scholar Award Prateek Shukla CALI Excellence for the Future Award (Computer Law) Mark S. Siegel CALI Excellence for the Future Award (Patent Law) New England Scholar Award Lucy J. Silverstone CALI Excellence for the Future Award (The Law and Ethics of Lawyering) New England Scholar Award Megan E. Stanley CALI Excellence for the Future Award (Massachusetts Practice and Procedure)

Kristina C. Rodriguez CALI Excellence for the Future Award (Conflicts of Law; The Law and Ethics of Lawyering)

Amanda L. Staples CALI Excellence for the Future Award (Criminal Advocacy; Perspectives in Law: National Security Law) New England Scholar Award

Mallory L. Rott CALI Excellence for the Future Award (Prisoners’ Rights)

Jeffery I. Stoddard CALI Excellence for the Future Award (Clinical Evidence; Trial Practice)

Nikolaus S. Schuttauf CALI Excellence for the Future Award (Massachusetts Practice and Procedures) New England Scholar Award

Wesley B. Stoker New England Scholar Award

Annalise H. Scobey CALI Excellence for the Future Award (Constitutional Law; Criminal Law) New England Scholar Award Lindsay K. Shaheen CALI Excellence for the Future Award (Clinical Evidence)

Serge Subach CALI Excellence for the Future Award (Constitutional Law) Meghan L. Suchocki New England Scholar Award Daniel J. Sullivan New England Scholar Award John L. Sullivan New England Scholar Award

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NOVEMBER 12, 2012 Megan M. Tahl CALI Excellence for the Future Award (Personal Income Tax) James K. Topping CALI Excellence for the Future Award (Juvenile Law) Nicole J. Tyrna New England Scholar Award Rebecca M. Ullian New England Scholar Award Elizabeth L. Van Blarcom New England Scholar Award Joseph P. VanDaniker New England Scholar Award John M. Waldron CALI Excellence for the Future Award (Insurance Law; Perspectives in Law: Problems of Closely Held Businesses) Brian T. Waller CALI Excellence for the Future Award (White Collar Crime) John M. Wesley CALI Excellence for the Future Award (Local Government Law) New England Scholar Award Vanessa R. Woodman New England Scholar Award Guinevere E. Woolstenhulme CALI Excellence for the Future Award (Personal Income Tax; Special Education Law) New England Scholar Award William H. Wynne New England Scholar Award Jaclyn N. Yunker CALI Excellence for the Future Award (Public International Law) Kathleen R. Zack New England Scholar Award Ami R. Zaveri CALI Excellence for the Future Award (Wills, Estates and Trusts) Katarina Zovinova CALI Excellence for the Future Award (Employment Law) Bryan D. Zwicker CALI Excellence for the Future Award (Juvenile Law)


DUE PROCESS | NEW ENGLAND LAW | BOSTON!

Be the Best of Humanity by Naitasia Hensey, ’14 Two phrases that I heard in the same day are the foundation of this article. The day in question was a particularly frustrating Thursday afternoon and I had no one to blame for my frustration but myself. You see, I agreed to do something and I completely forgot about it until the person in charge called me out for my no-show-conduct, and rightfully so. “It will look good on my resume,” – anonymous: The key part of this statement is “look good.” “Look good” as in, the appearance of the activity or project on your resume is the validation you need. No more, no less. “Be the best of humanity,”–Doctor Who, the Eleventh Doctor: Dun-dun-dun! Earth faces an invasion from an ancient and sleeping reptilian species, but The Doctor spots a chance for something special–a chance for humans and reptiles to try to live in peace. To reach his goal, he charges

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his current companions to “be the best of humanity.” I won’t bore you with a transcript, but the context is that they need to step outside of the violent, shootfirst-ask questions later reputation of humans and strive to be better for the benefit of themselves and others.1 The divine alignment of these phrases on the same day made me wonder: What is the point of being on Law Review if one does not perform wholly and admirably? It does not look great if one is to sign-up to participate in an activity and then flake with an excuse or, worse, say nothing at all. Finally, claiming to be a part of an organization, club, or society and only signing up on TWEN only makes one’s resume a fluff piece. Do not fall prey to the trappings of laziness, apathy, self-importance and complacency. Stop and think before looking for the easy road or doing the bare minimum. Step it up, outdo yourself. Be someone with the ability to, not only commit but also, follow-through. We have to live our lives beyond the expectations set by other people, and that

The Waiting Game: The Never Ending Job Application Process byErin Desrochers ‘14 The Career Services Office tells us that we all need to be doing something in the legal field over the two summers following 1L and 2L year. That would be all fine and dandy if it were a simple task. I am here to say it is not, if you did not experience it as a1L you will most likely feel it in your 2L year. Everyone knows that job applications can be stressful, but there is something about job applications in law school that makes it even worse! There are several reasons why it is worse. In my opinion, it comes down to a combination of the stress of law school, the pressure to be constantly looking forward to something that is months away, and the fact that sometimes you never hear anything back from the positions to which you apply. As a 1L we did not have to immediately face the facts of all that nonsense, but 2L year is a whole different story! The 2L year, as Naitasia Hensey put it in her article in the first Due Process issue of the semester, is not what we were told or what we expected. Along with all the other elements of 2L year that stress us out we were told to start “fall recruitment” back in July! Does anyone really plan that far in advance? In the 2L year, we are faced with the constant pressure to apply for various employment opportunities for the following summer. In my opinion, the worst part of the process is the waiting game. We gather all the required materials, write our cover letters and anxiously send in the application. Then we have to wait. And while all of this anxiety is brewing, we must still keep up with our schoolwork and any extracurricular activities we take part in. The wait is the worst

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NOVEMBER 12, 2012

includes the expectation of mediocrity so often set upon us. If you put down a skill on your resume, a skill you claim to have, a moment may arise where your ability is tested and it will become evident that you do not possess the skill you claimed. There could be repercussions for lying. Yes, you may get another job or end up in another relationship, but you have to live with yourself and your decisions forever. Why sign-up to participate in a project or be part of a group or offer assistance to someone if your only intention is for that activity to “look good” on your resume? Okay, one may counter by arguing that the individual may not actually have the intention to create a fraudulent resume, but instead a number of other things get in the way: timing, classes, sleep, forgetfulness; things that certainly bog down any one of us at any given moment. I concede to the unforeseen influences of life, but they should not be a crutch. We’re the future of the legal profession, let’s be about something we are proud of!

part because there is no telling how long you will have to wait. In fact some employers may never respond to your application and that, in and of itself, can be infuriating. If you’re fortunate enough to get an interview, there’s a whole ‘nother waiting period post interview. This is certainly a recipe for stress, in my opinion, and unfortunately it is inevitable. I’d like to be able to offer you words of advice to conquer this issue, but all I can say is to keep pushing forward and working on those applications, and most of all, do not let your friends and classmates freak you out if they have received more interviews or have submitted more applications than you. Do what works best for you and just keep working until you finally get an offer. Good Luck!

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DUE PROCESS | NEW ENGLAND LAW | BOSTON!

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COMMONWEALTH OF MASSACHUSETTS BOARD OF BAR EXAMINERS

July 2012 Massachusetts Bar Examination Results by Law Schools The law school bar exam results reflect the performance of individuals on the July 2012 Massachusetts Bar Examination. The overall passing rates and the passing rates at the law schools vary from year to year. The statistical data does not represent an evaluation of the listed law schools. BOSTON COLLEGE LAW SCHOOL Number Number Percent Taking Passing Passing First Time Takers 170 156 91.8% Second Time Takers 1 0 0% Third Time or More 3 2 66.7% Total Examinees 174 158 90.8%

BOSTON UNIVERSITY LAW SCHOOL Number Number Percent Taking Passing Passing First Time Takers 140 129 92.1% Second Time Takers 0 Third Time or More 2 2 100% Total Examinees 142 131 92.3%

HARVARD LAW SCHOOL Number Number Taking Passing First Time Takers 76 74 Second Time Takers 1 1 Third Time or More 0 Total Examinees 77 75

97.4%

MASSACHUSETTS SCHOOL OF LAW Number Number Percent Taking Passing Passing First Time Takers 84 60 71.4% Second Time Takers 26 8 30.8% Third Time or More 29 5 17.2% Total Examinees 139 73 52.5%

Percent Passing 84.6% 33.3% 71.4% 83.6%

NORTHEASTERN UNIVERSITY LAW SCHOOL Number Number Percent Taking Passing Passing First Time Takers 148 127 85.8% Second Time Takers 6 5 83.3% Third Time or More 1 1 100% Total Examinees 155 133 85.8%

NEW ENGLAND LAW Number Number Taking Passing First Time Takers 240 203 Second Time Takers 3 1 Third Time or More 7 5 Total Examinees 250 209 SUFFOLK LAW SCHOOL Number Number Taking Passing First Time Takers 404 333 Second Time Takers 7 4 Third Time or More 25 11 Total Examinees 436 348

Percent Passing 97.4% 100%

UNIVERSITY OF MASSACHUSETTS SCHOOL OF LAW DARTMOUTH

Percent Passing 82.4% 57.1% 44.0% 79.8%

First Time Takers Second Time Takers Third Time or More Total Examinees

WESTERN NEW ENGLAND SCHOOL OF LAW Number Number Percent Taking Passing Passing First Time Takers 80 65 81.3% Second Time Takers 3 1 33.3% Third Time or More 7 3 42.9% Total Examinees 90 69 76.7%

Number Taking 20 6 2 28

Number Passing 14 4 0 18

Percent Passing 70.0% 66.7% 0% 64.3%

ALL OTHER LAW SCHOOLS Number Number Percent Taking Passing Passing First Time Takers 789 673 85.3% Second Time Takers 34 12 35.3% Third Time or More 42 12 28.6% Total Examinees 865 697 80.6%

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DUE PROCESS | NEW ENGLAND LAW | BOSTON!

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Puzzles & Classifieds NEL|B Crossword LEGAL TELEVISION

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

(Theme clues underlined) 1

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1 w/ 11A & 13D NYC Classic Var. 1 10 'Cool' to Screech 11 w/ 1A & 13D NYC Classic Var. 2 12 Smooth and cool 14 Wintertime footwear 18 Artsy NYC Berb 19 Boutique CA firm 20 Some Apple gadgets 23 Judge Stones' after hours 24 Earth vehicles on Mars 26 intelligent & cute marine mammal 30 Computer Brand 31 Major Swedish musical pop group 34 Donnell Firm 38 Goes with relaxation 39 Yes votes 40 Opposite of take 44 Your crossword editors favorite Legal Show, (NYC, Parsons, Hewes) 46 Daytime Courtroom Diva 49 Angry, upset 50 round-bottomed Chinese pan

skeezy defense to the DA 17 Harm keeping the Navy in line 20 Opposite of out 21 One who brokers sexual favors for a profit 22 In baseball, the pitchers' batter, ab. 25 Power from the sun 27 Abbreviated business ending 28 Animated legal superhero Birdman 29 Mayberry Defender, still seen in retirement homes 30 Adobe publishing software ab. 32 They make honey 33 Degree similar to a BA 35 Exclamation of surprise 36 Looked at 37 Hot _____ (whisky cocktail) 41 Two letters that when added to the beginning of Nobel Prize dramatically alters the result 42 Wholesale retailer 43 Queens drink it in the afternoon 45 used before me to express distress 47 big US automaker 48 The degree we are all looking for

Books For Sale

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Housing

1L Study Supplements – Like New • Examples & Explanations - $15 each Civ Pro (6th Ed), Property (3rd Ed), Contracts (5th Ed) • Siegel’s Essay & MCQs - $10 each Contracts, Crim Law, Civ Pro, Con Law, Property • Lexis Q&A - $10 each Contracts, Civ Pro, Torts • Understanding Civ Pro (4th Ed) - $15 • Nutshell Con Law (7th Ed) - $10 Contact shannon.l.smith@nesl.edu

TOP FLOOR SUITE in Gorgeous Three Story Home. Tutoring Beautiful house with all basic utilities included. Granite and Do you like to help other students succeed? Are SS kitchen. Free off street parking, and laundry and storage in you an ace at Admin Law? Or a connoisseur of the basement. $1,000/mo. On Poplar St. in 02131. I easily take Contracts? If you can tutor other students list the the T or bike in daily. Available Oct. 15. Text or call Erin (770) class topics (and professor you took it from if 598-6814. NELBers preferred! desired) with a first and last name and email or phone for contact info. If you do this out of the goodness of your heart, include that as well. If this is how you fund your coffee addiction, be sure to mention your going rate.

Study Aids For Sale – Like New • Finals for Contracts MCQs (SRF’s preferred study aid for Contracts) 2007 Ed $10 • Lexis Q&A: Contracts - $10 • Understanding Crim Law (2nd Ed) - $15 • Examples & Explanations: Civ Pro (6th Ed) - $15 Contact tiesha.m.fields@nesl.edu

3L has a room to rent out in shared apartment for second semester while away for externship in The Hague, Netherlands. Will be returning for graduation and summer to prepare for bar exam. Perfect for student looking for a one semester commitment. Availability: Jan. 1 - May 21 (end date negotiable) Apt Details: 3 bedroom, 1 bath on 2nd level of two story split home. Share the apartment with NESL 1L; 3rd bedroom used as a shared office; driveway to park your car; back yard w/ garden * APARTMENT COMES FURNISHED* Plenty of storage in easy accessible attic (would be willing to move some bedroom furniture if needed) Location: Located on quiet residential street in Medford, 10 minute walk to the Wellington T stop on the Orange Line Rent/Utilities: $750 per month (excluding utilities: oil heat, electric, cable/internet) Contact Information: kelli.e.antes@nesl.edu

Textbooks & Study Aids For Sale • Business Associations: Cases and Materials on Agency, Partnerships, and Corporations, 7th Edition; Klein, Ramseyer, Bainbridge - $60 • Examples & Explanations: Corporations, 6th Edition; Aspen Publishers - $20 • Ethical Problems in the Practice of Law, 2nd Edition; Lerman & Schrag - $40 • Criminal Procedure: Constitutional Constraints Upon Investigation and Proof, 6th Edition; White & Tomkovicz - $75 • Understanding Criminal Law, 5th Edition; Dressler, LexisNexis - $20 • Crunchtime: Evidence - BRAND NEW; Emanuel - $25 • Federal Income Tax, 3rd Edition; Schmalbeck & Zelenak - $150 Contact monika.a.bobo@nesl.edu

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Books for Sale Do you have supplements or text books from last year that you don't need? List the books you want to unload from your shelves with an asking price, a first and last name and phone or email as the contact info. Housing Need a roommate? Looking to find an apartment? Leaving your apartment and have goods to sell? Submit a paragraph description and include a first and last name with phone or email as the contact info. Email your ad to tiesha.m.fields@nesl.edu and put Classified in the subject line. It will be included in the next issue.

eric.j.



Due Process - Issue III - Fall Semester