due process - issue i volume ii - spring semester

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DUE PROCESS | NEW ENGLAND LAW | BOSTON JANUARY 28, 2013 PAGE 1 TABLE OF CONTENTS Message from Dean O’Brien page 2 My Letter to the Boston Globe by Wendy L. Hansen page 2 Keep Calm and Carry On by Simon Caine page 3 Calendar of Events page 3 Oh’Brien by Thomas J. McKinnon page 4 Black History Month Calendar page 4 The Value of Laziness by Naitasia Hensey page 5 Ode to Pennoyer by Alison R. Ver Schuer page 5 A Summer Abroad by Tiesha Fields page 6 Center for Business Law Spring Conference by Gary L. Monserud page 7 A New Dialogue by Amin Ganjallzadeh page 8 Torture Worked by Brendan Gupta page 8 Ask Amanda Anything page 9 DUE PROCESS Welcome back students and Happy New Year! As promised, I have learned another pillar of positivity that I believe helps strengthen and continue the yearlong Campaign for Positivity. I learned this pillar over the past few months, when dealing with unforeseeable attacks, and generally unpleasant situations. We have all been the target of some of these attacks and while I recognize the reality of such things, I think the way to get through it is to be positive, recognize t h e p o s i t i v e b y posting and pledging it, and to be prepared to handle anything positively. The third pillar of planning to be positive hearkens back to something my dad always used to say: “Be prepared, be on time, and take notes.” Thanks dad! But in my inquisitive lawyering way, I will now pick apart your advice. In the real world, you are not always going to benefit from taking notes. And, let us face it; everyone is late now and again. What is true from dad’s old adage is that there is no substitute or excuse for being prepared. As law students, we know the value of preparation. It is essential in the legal profession to be prepared in our practice. However, being prepared to be positive is what could get you that job, get you through that project, or help you win that case. Through this learning experience, I noticed that being prepared to positively handle an interaction, endeavor, or adventure helped tremendously. Preparing to be positive can include making a list of things to get done, or things to say, and sometimes just meaning to take a deep breath and reminding yourself to be positive before you walk into a room. Being positively prepared allows you to anticipate future events with excitement rather than fear them with anxiety. Be prepared for diversity and be prepared to accept it. There are negative people in this world. They may not even benefit from a campaign for positivity because they insist on being negative. Be prepared for those people. Some of them could use a smile; some of them would rather you not smile. They are not you and if you are positively prepared to deal with people, your outcomes and interactions will benefit. Post positively; pledge to be positive, and be prepared to be positive, and you will be three quarters of the way to operating on all four pillars of the Campaign for Positivity! I look forward to learning the fourth pillar with you and sharing it in my next article for Due Process. Happy Spring Semester 2013! I would like to thank Erik Hagen for kindly pointing out to me that ‘positivism’ is a philosophical theory and the campaign I am running is more akin to a campaign for ‘positivity.’ That is why I welcome this friendly correction and the campaign will continue in 2013 as the Campaign for Positivity. Campaign for Positivity Pillar III Prepare to be Positive by Genevieve Burguieres, ’13 ESQUIRE TO BE… by Patience O. Babajide, ‘13 Editor-in- Chief, Due Process As you read this editorial, begin to answer a couple of important questions for yourself—“what is my unique brand? My selling point?” There exists a plethora of unique factors that one must consider as they embark on any journey; the most important of which, I believe, is the journey itself. As a law student it can be easy to forget that there is life after law school, and that it is our successes and failures in law school that become our brand upon graduation. That being said, taking the following into consideration will positively impact your brand and make clearer your selling points. First and foremost, take ownership of your legal education. You’ve taken the first step by electing to attend New England Law | Boston (NEL|B); a school known for its competitive bar passage rate, skilled professors and staff, renown clinical and study abroad programs, close proximity to the city’s top firms and businesses, and strong local ties. However, taking ownership transcends this relatively small step that you have taken in the right direction. Next, you must choose your courses wisely (when you have the opportunity to do so—sorry 1Ls), and distinguish yourself by becoming an expert in that area of law that intrigues you. Secondly, it is important that you determine your purpose, and stick to a plan. Law school can be quite daunting if you intend to go through it aimlessly, achieving only the bare minimum. I came to law school knowing that I wanted to someday become a government lawyer. With that goal in mind, after my first year I obtained an internship working in the Legislative Research Office of the Boston City Council. That was a phenomenal experience for me, and I was able to build a network through that opportunity that led to my next internship at the City of Boston Law Department. When you know your purpose, you are better able to see every experience as an opportunity and take advantage of it. Thirdly, think ahead. This means looking at the facts, determining how those facts may affect you, and doing everything conceivable to limit any possible negative impact. For example, according to the U.S Bureau of Labor Statistics, there were approximately 760,000 practicing lawyers in the United States as of 2007. This figure should leave you with some impression as to how hard you should be working right now to ensure that you are making proper networks to guarantee your future job search success. If you haven’t already, seek out a person whose professional accomplishments and expertise you admire and request that they become your mentor. Finding a mentor is one of the greatest ways, in my opinion, to begin building your network. Finally, remember that your brand matters. As I like to say, you’re an Esquire-to-be, and that alone is a great accomplishment. Whether or not at the end of this journey you plan to become a practicing attorney, your legal degree will always be an asset to you. Your brand encompasses this and all that I have discussed above—your successes, your failures, your knowledge, your expertise, your experiences, and your network. Rather than have the world determine your brand for you, take the opportunity right now to begin to formulate one for yourself. So, what’s your brand—YOUR SELLING POINT? Photo courtesy of Peter Kohler

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FEATURING AN ARTICLE BY PROFESSOR GARY MONSERUD OF THE CENTER FOR BUSINESS LAW!!! FEATURE ON PG 7!!!

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Page 1: Due Process - Issue I Volume II - Spring Semester

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! JANUARY 28, 2013

PAGE 1

TABLE OF CONTENTS

Message from Dean O’Brien! page 2My Letter to the Boston Globe!! by Wendy L. Hansen! page 2Keep Calm and Carry On!! by Simon Caine! ! page 3Calendar of Events ! ! page 3Oh’Brien!! !! by Thomas J. McKinnon! page 4Black History Month Calendar ! page 4The Value of Laziness! !! by Naitasia Hensey ! page 5Ode to Pennoyer! !! by Alison R. Ver Schuer! page 5A Summer Abroad! by Tiesha Fields! ! page 6Center for Business Law Spring Conference! by Gary L. Monserud! page 7A New Dialogue! by Amin Ganjallzadeh ! page 8Torture Worked! by Brendan Gupta! page 8Ask Amanda Anything! ! page 9

DUE PROCESS Welcome back students and Happy New Year! As promised, I have learned another pillar of positivity that I believe helps strengthen and continue the yearlong Campaign for Positivity. I learned this pillar over the past

few months, when d e a l i n g w i t h u n f o r e s e e a b l e a t t a c k s , a n d generally unpleasant situations. We have all been the target of some of these attacks a n d w h i l e I recognize the reality of such things, I think the way to get through it is to be positive, recognize t h e p o s i t i v e b y posting and pledging it, and to be prepared to handle anything positively. The third pillar of planning to be positive hearkens back to something my dad always used to say: “Be prepared,

be on time, and take notes.” Thanks dad! But in my inquisitive lawyering way, I will now pick apart your advice. In the real world, you are not always going to benefit from taking notes. And, let us face it; everyone is late now and again. What is true from dad’s old adage is that there is no substitute or excuse for being prepared. As law students, we know the value of preparation. It is

essential in the legal profession to be prepared in our practice. However, being prepared to be positive is what could get you that job, get you through that project, or help you win that case. Through this learning experience, I noticed that being prepared to positively handle an interaction, endeavor, or adventure helped tremendously. Preparing to be positive can include making a list of things to get done, or things to say, and sometimes just meaning to take a deep breath and reminding yourself to be positive before you walk into a room. Being positively prepared allows you to anticipate future events with excitement rather than fear them with anxiety. Be prepared for diversity and be prepared to accept it. There are negative people in this world. They may not even benefit from a campaign for positivity because they insist on being negative. Be prepared for those people. Some of them could use a smile; some of them would rather you not smile. They are not you and if you are positively prepared to deal with people, your outcomes and interactions will benefit. Post positively; pledge to be positive, and be prepared to be positive, and you will be three quarters of the way to operating on all four pillars of the Campaign for Positivity! I look forward to learning the fourth pillar with you and sharing it in my next article for Due Process.

Happy Spring Semester 2013!

I would like to thank Erik Hagen for kindly pointing out to me that ‘positivism’ is a philosophical theory and the campaign I am running is more akin to a campaign for ‘positivity.’ That is why I welcome this friendly correction and the campaign will continue in 2013 as the Campaign for Positivity.

Campaign for PositivityPillar III – Prepare to be Positive

by Genevieve Burguieres, ’13

ESQUIRE – TO BE…by Patience O. Babajide, ‘13Editor-in-Chief, Due Process

As you read this editorial, begin to answer a couple of important questions for yourself—“what is my unique brand? My selling point?” There exists a plethora of unique factors that one must consider as they embark on any journey; the most important of which, I believe, is the journey itself. As a law student it can be easy to forget that there is life after law school, and that it is our successes and failures in law school that become our brand upon graduation. That being said, taking the following into consideration will positively impact your brand and make clearer your selling points.

First and foremost, take ownership of your legal education. You’ve taken the first step by electing to attend New England Law | Boston (NEL|B); a school known for its competitive bar passage rate, skilled professors and staff, renown clinical and study abroad programs, close proximity to the city’s top firms and businesses, and strong local ties. However, taking ownership transcends this relatively small step that you have taken in the right direction. Next, you must choose your courses wisely (when you have the opportunity to do so—sorry 1Ls), and distinguish yourself by becoming an expert in that area of law that intrigues you.

Secondly, it is important that you determine your purpose, and stick to a plan. Law school can be quite daunting if you intend to go through it aimlessly,

achieving only the bare minimum. I came to law school knowing that I wanted to someday become a government lawyer. With that goal in mind, after my first year I obtained an internship working in the Legislative Research Office of the Boston City Council. That was a phenomenal experience for me, and I was able to build a network through that opportunity that led to my next internship at the City of Boston Law Department. When you know your purpose, you are better able to see every experience as an opportunity and take advantage of it.

Thirdly, think ahead. This means looking at the facts, determining how those facts may affect you, and doing everything conceivable to limit any possible negative impact. For example, according to the U.S Bureau of Labor Statistics, there were approximately 760,000 practicing lawyers in the United States as of 2007. This figure should leave you with some impression as to how hard you should be working right now to ensure that you are making proper networks to guarantee your future job search success. If you haven’t already, seek out a person whose professional accomplishments and expertise you admire and request that they become your mentor. Finding a mentor is one of the greatest ways, in my opinion, to begin building your network.

Finally, remember that your brand matters. As I like to say, you’re an Esquire-to-be, and that alone is a great accomplishment. Whether or not at the end of this journey you plan to become a practicing attorney, your legal degree will always be an asset to you. Your brand encompasses this and all that I have discussed above—your successes, your failures, your knowledge, your expertise, your experiences, and your network. Rather than have the world determine your brand for you, take the opportunity right now to begin to formulate one for yourself.

So, what’s your brand—YOUR SELLING POINT?

Photo courtesy of Peter Kohler

Page 2: Due Process - Issue I Volume II - Spring Semester

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! JANUARY 28, 2013

PAGE 2

A Message from Dean O’Brien

Earlier this month, New England Law | Boston’s department heads and I had the opportunity to meet with the SBA representatives. Recognizing that students get to know faculty quite well but don’t meet all of our administrative staff, we realized that we wanted to improve the lines of communication between your elected representatives and those who head the school’s various offices. This meeting was planned before the recent Boston Globe article, and the intention had always been to have general introductions and an open question-and-answer session. However, since the meeting occurred a few days after the article, which included undeservedly harsh words about our law school, I encouraged the representatives to ask any and all questions that students might have. I know that this negative news article unfairly impacted all of you, and I apologized to the SBA representatives – and I extend that apology to the student body as a whole – for the role that my salary and I played in that process. Although the chairman of our Board of Trustees, Martin C. Foster, had addressed many of the Globe’s points in his message to students, I wanted to provide the SBA representatives with the opportunity to raise their specific concerns. I felt that we had an honest discussion of some complex issues, and I found myself wishing that more students could have participated in the conversation. I therefore decided to use this message to address some of the key topics that we discussed. I hope to be able to continue this dialogue with other students at our upcoming meeting this week.

New England Law | Boston’s national rankings It is indeed true that New England Law is not individually ranked in US News, but what is not accurate is the idea that these rankings are a true indicator of the quality of our education and the

success of our graduates. We made a strategic decision to invest in the type of faculty, curriculum, and clinical programs designed to offer our students the most outstanding education we could, as well as career programs that would support them in their job searches. As Chairman Foster’s message said, we have not allowed ourselves be defined by rankings organizations that don’t visit the school and that base their evaluations on factors that don’t reflect the excellence of our faculty and our academic programs.We believe that the quality of our program, our bar passage rates, and the careers that many of our graduates have built are better indicators, and we are proud of the steady improvements we have made over the years.

Change in tuition rates and use of tuition dollars Tuition was raised several years ago to support us in offering more merit-based scholarships and in meeting the long-term needs of the school. At the time, we had every intention of investing in new space that would allow us to consolidate operations and relieve some of the physical constraints the school faces. However, given the economic environment in recent years, we have been re-evaluating how to accomplish these goals. We are now launching a strategic planning process to help us consider both some of the complex issues facing legal education today and how to use our resources to address those issues.

Quality of the entering class Although the LSAT scores of this year’s entering class did drop compared to the past few years, this was common at many law schools around the country given the precipitous decline in applicants to law school. Nevertheless, I am confident that every single student in our entering class is qualified to succeed in law school, pass the bar, and do well in the field of law. LSAT scores are only one measure of potential, and they are given far too much weight by US News and other rankings systems. Practicing law involves numerous skills, including legal analysis, sound judgment, attention

to detail, communicating well, the ability to persuade, hard work, effective advocacy, and being trustworthy and ethical. We have long known that the most promising law students are a diverse group not summed up by a single number.

A plan for the future At New England Law, we recognize the value of strategic planning in guiding operations, future growth, investments, and overall strategy. We incorporate ongoing planning into our faculty and staff meetings throughout the year. One result of these ongoing planning efforts is the summer fellowship program, which was announced last week. We believe that these opportunities will provide valuable work experience and networking connections that will strengthen our students’ credentials for post-graduate jobs. Another outcome of our ongoing planning is our decision to begin a more structured and formal process – both because it had been a number of years since our last comprehensive strategic planning process and because the changing legal environment calls for a complete reexamination of previous approaches. As I told the SBA, everything is on the table in this process – curriculum, class size, issues of cost, career services, school focus, and many other topics. The first meeting of the Strategic Planning Committee will take place this week. The committee will include representatives of the faculty, staff, board, and student body. I left the discussion with the SBA members feeling very proud of our student body. The representatives were thoughtful, engaged, and showed a deep concern not only for their own academic experiences, but for the future of the school itself. I am committed to continuing this dialogue. The meeting scheduled for this week will provide an opportunity for any member of the student body to express his or her concerns and suggestions. It will take place on Wednesday, Jan. 30, from 4:30 to 6 p.m., in Room 305. Pizza and soda will be served.

My Letter to the Boston Globeby Wendy L. Hansen, ’15

I wrote this letter in response to the Boston Globe article written about Dean O'Brien. I am a 1L at this institution and I'd like to give a student voice to this topic that the authors (whether negligently or intentionally) omitted. Since the first tour of NEL|B, I have been impressed with the approachability of the faculty and staff and the dedication that they have to furthering the students legal education and careers. From orientation to first term finals or summer internships to clinical classes, to bar review courses and job placements, this school attends to every detail of our education. This not only stems from the faculty and staff, it is the vision that Dean O'Brien has brought to this school. The author of the Globe Article (hereinafter the Author) would suggest that this school fails in its commitment to its students’ education and career and that Dean O'Brien is unjustly compensated. I am clearly unequipped to answer the question of whether the Dean’s compensation is exorbitant, as the Author suggests. (Forget the fact that he’s been the Dean at our school for twenty-five years, which is literally five times the average servitude of law school deans and that he has been named one of the top 25 most influential people in Legal Education as conducted by a nationwide survey in the National Jurist.) What I don't understand is how that connects or is a manifestation of the school's credibility. The Author presented evidence to the credibility of the school but unfortunately failed to tell the whole truth, so to speak. So here's just some basic information that was not included. The bar passage rate within the last five years has improved significantly and within the last three years exceeded that of our peer schools. The most recent CONFIRMED statistics indicate that of the class of 2011, 62.8% of students received employment nine months out of school, which is above Suffolk and Western New England Law (our peer schools). Unfortunately, the Globe used the unconfirmed 2012 statistics, when neither nine months have passed since the May graduation nor have they been

confirmed by the ABA. Additionally these statistics were compared to schools that are not within our ranking. More importantly there have been several efforts during Dean O’Brien’s term to improve the schools ability to produce skilled and knowledgeable lawyers. First there is the Academic Excellence Program, which teaches incoming students how to learn the ways of law school. Most schools give you your schedule and say “good-luck.” However, it is because of the Academic Excellence Program that we learn how to brief a case, how to properly outline, how to take an exam, and other key skills that are needed to succeed in law school. Second is the Career Services Office (CSO), which has the sole purpose of making sure you are ready to enter the working world. Whether it’s notifying you of internships or possible employment opportunities or giving advice on how to write a resume in the legal field, the CSO’s goal is for students to succeed after law school. Third there are the clinical classes; required courses that allow you to work with attorneys in the field and to get hands-on education. Fourth, is that the school actually offers as a part of the curriculum, a bar course in the spring semester of your third year. Thus giving students a greater opportunity to pass the bar. Fifth is the reputation alone that our faculty brings. I need not go into detail here, anyone can look on the New England Law | Boston website and see the many credentials of our faculty. But what distinguishes them from other schools is their approachability. That is the key attribute that defines the New England Law faculty. They dedicate time to be with students. The adjunct faculty has robust credentials as well, which gives us the opportunity to have a practical legal education and the ability to make connections within the community. Last but not least, New England Law | Boston is a private institution, which gives the school more flexibility in addressing the needs of the students. The funding that is received goes directly to the school and not through a main university. As mentioned before, Dean O’Brien is not just a dean but a CEO as well who is responsible for other facets of the law school besides the administration. These other responsibilities would be delegated to a main university if it were a non-private law school. For some reason these programs, numbers, and information were not included in the article. Of course it's more sensational to read about someone's divorce rather than the academic programs instituted to improve the school. Continued on page 4.

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DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! JANUARY 28, 2013

PAGE 3

Keep Calm and Carry On:But Don’t Forget to Actby Simon Caine, ’14

The Ministry of Information was appointed in 1939 to design morale boosting propaganda during World War II. Thus the slogan “Keep Calm And Carry On” was born. Reminding citizens that no matter what the war brought, bombs, planes zooming overhead, gunshots ringing out in the allies behind them, they were to remain calm and carry on and go about their business as if nothing had happened. The idea is that a frantic mob is not even half as effective as a sound mind when it comes to dealing with problems. I beseech you to Keep Calm and Carry On, but not to forget to act. It is the action that brings about the change. For without that action we merely ignore the pressing issues that surround us, and solve nothing. As a law student, and soon to be lawyer, there will be many figurative bombs, planes flying

overhead and gunshots ringing out. These attacks may hit our school, but keeping calm is merely step one. These bombs may be exploding your reputation, but keeping calm is merely step one. These gunshots may be focused on your firm, but keeping calm is merely step one. The recent publication (the Article) in the Boston Globe has been a piece of much contention among many of the students and faculty at NEL|B. It seems as if some of us have conquered step one and stopped there. Let us not forget step two. We must not forget TO ACT. We must do something or say something to someone who can effectuate change. Merely becoming upset and transforming those feelings into a state of calm is not the answer to our problems. If you did not like the Article because you thought that it lacked sources or was libel or was simply an unprofessional article that should not have been published then act. Write a letter or call up the Globe; ranting to your fellow students is not going to change a thing. If the Article upset you because you did not know that O’Brian’s salary could purchase 876,000

Sausage McMuffins (excluding tax) then do something about it. Announce your frustration with rising tuition and the decrease of student resources. Let the administration know how you, the student body, feel. Let them know that instead of cutting the hours of our library to save money, that you want the Dean’s salary cut. And if what really made you upset was the manner in which the Article demeaned our schools reputation or if it was the way the Article approached the less-than-pleasant statistics of our un-employability after we graduate, then look in the mirror and ask yourself how you can be the change you want to see in this institution. We, the student body, are this institution. We have the power to render the name New England Law | Boston worthless; but even better; we have the power to make the name exceptional! It is time for us to start the change, take that much needed action to help rectify the situation that is unjust. Only we can make the changes that we want. Only we can Keep Calm and Carry On; never forgetting to act.

Mon Tue Wed Thu Fri 28 A celebration of the publication of The Ponzi Scheme Puzzle: A Histo-ry and Analysis of Con Artists and Victims by Tamar Frankel, Profes-sor of Law and Michaels Faculty Research Scholar WHERE: Boston University Book Symposium (BU Law, Barristers Hall) WHEN: 12:45-2:00 p.m. Copies of the book will be available for purchase .

29 Boston Lawyer’s Group Presents “Charting Your Legal Future” WHO: Law Students of Color. WHERE: Fish & Richardson P.C., One Marina Park Drive, Boston, MA WHEN: 6pm-8pm Register at thebostonlawyer-group.com SBA General Assembly Meeting WHERE: 305 WHEN: 9:15pm Open to all students

30 Pizza with the Dean WHERE: 305 WHEN: 4:30 - 6:00pm The Dean and members of Administration will be on hand to answer student questions on any topic.

31 1 Black History Month Kickoff! Room 301 from 6 - 7PM Heading to Darryl’s Corner at 7pm NLG hosts James Marc Leas speak-ing about his delegation to Gaza to investigate Israeli claims after “Operation Pillar of Cloud” Trustees Room from 3-5pm; mixer to follow, location announced at event

4 A celebration of the publication of The Supreme Court and the Fourth Amendment's Exclusionary Rule by Tracey Maclin, Professor of Law WHERE: Book Symposium (BU Law, Barristers Hall) WHEN 12:45-2:00 p.m. Copies of the book will be available for purchase.

5 Black History Month Film Series Film 1 WHERE: 503 WHEN: 6pm

6 International Law Society General Meeting Contact: [email protected] for more information

7 Basketball Starts!!

8 The Next Season: Realigning Inter-national Law and Western Policy After the Arab Spring A Conference Hosted by the Boston University International Law Jour-nal WHERE: Boston University For event related questions and to RSVP for this conference, please con-tact BU Law's Events & PR Manager, Elizabeth Aggott. at [email protected]

11 Book signing event at BU Law “Ordered Liberty: Rights, Responsi-bilities, and Virtues” by Professors of Law James E. Fleming & Linda C. McClain. Book Symposium WHERE: BU Law, Barristers Hall, WHEN: 12:45-2:00 p.m.

12 SBA General Assembly Meeting WHERE: 305 WHEN: 9:15pm Open to all students

13 14 Valentine’s Day

15 Due Process articles due for Issue #5 (comes out Feb. 25th) WHEN: By midnight. WHERE: [email protected]

18 President’s Day NO CLASS (or make-up snow day if needed)

19 Monday Schedule

20 21 Black History Month Film Series Film 2 WHERE: 303 WHEN: 5:30pm

22 The Great Black History Month Debate WHERE 301 WHEN: 4pm International Law Society is hosting Trivia Night at Sweetwater

Sat 2

9 Volunteer Event - Boston Debate League Time/Location TBD

16 Museum of African-American History Private Tour 10am ABA Spring Circuit Meeting Registration Due

23 ABA Spring Circuit Meeting WHERE: Harvard All ABA members wel-come; advanced registra-tion due by Feb. 16

NEL|B Events Jan. 28 - Feb. 22

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Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Black HistoryMonth Kickoff6:00 pm - 7:00 pmRoom 301

7:00 PMDarryl's Corner

Black History Film Volunteer Event -Series - Film 1 Boston Debate

League6:00 PMRoom 503 Time/Location TBD

Museum of African-

February 2013 - Black History Month Calendar1 2

3 4 5 6 7 8 9

10 11 12 13 14 15 16Museum of African-American History -Private Tour

10:00 AM

Black History Film The Great BlackSeries - Film 2 History Month

Debate5:30 PM 4:00 PMRoom 303 Room 301

Black History Winner of the BlackMonth Jeopardy History Month

Raffle Announced6:00 PMRoom 503

23222120191817

24 25 26 27 28

21

Oh’Brienby Thomas J. McKinnon, ’14 By and large, I cannot say that I am displeased with my New England Law experience. Our numbers are self-explanatory and I know that I am receiving a great education at this school. That being said I think that there are certain things that have been mismanaged at NEL|B to the detriment of their students. Boston has been the center of the spreading influenza virus. This cannot be prevented, however, that does not mean that we cannot heighten our standards and request that if a student contracts the flu or the chicken pox, or another contagious illness, that they respectfully stay home and get better. This way they do not contaminate the rest of the school and spread their illness to fellow classmates. Such a great public safety concern should not have been addressed via email after it was too late to take preventative measures, but it should have met us head on. Additionally, I understand that Dean O’Brien is one of the Top 25 Most Influential People in Legal Education. But that statistic greatly diminishes when you figure in that only eighty-five individuals were nominated. That is not to take anything away from Dean O’Brien, but I think that the sample pool puts things into perspective. I do not agree that Dean O’Brien should be making over $867,000 a

year despite what an “independent expert” may believe. In 2008 when the rest of the country experienced a housing market collapse, a great rise in unemployment, and generally a great economic hardship, Dean O’Brien was given a raise in his salary of over 40%. In what way is that raise (that equates going from $437,900 to nearly $615,000, this also included a $650,000 forgivable loan) justified? The 2008 academic year would have been the time to do what is best for the students and take a pay cut rather than a dramatic boost. To me, this is mindboggling. If there was a threat that Dean O’Brien would have moved on to another law school if not given this raise, then the school should have done what was in the financial interest of the students and let him walk. My intent is not to attack Dean O’Brien for this; my intent is to attack the people that allowed it to happen because they are responsible for this mismanagement of finances. I love NEL|B, but we are not Harvard Law. We do not have the reputation (despite the bar numbers) to justify paying an administrator such a large salary. Do not tell me that paying such a high tuition bill is an economic necessity when we would still remain profitable if every student were given a $9,000 reimbursement check. For me, the thought of the amount of people that receive no scholarships and yet still come to this school is beyond infuriating. It seems as if we are only told the message of “times are tough” but then given the solution of “suck it up.” It’s hard for me to wrap my brain around and I personally think it’s due to mismanagement.

“My Letter” from page 2. The Author would also suggest that Dean O’Brien is a social climber and schmoozes with the elite of Boston’s legal society. They also mention, rather sarcastically, that Justice O'Connor “simply gushes over him.” Apparently to the Author, making connections with the legal community is not beneficial to the school or its students. Or that the opinion of the first female Supreme Court Justice is equal to that of a doting mother and means nothing in regard to legal education. I, on the other hand, am grateful for a Dean who makes an effort to stay involved in the

legal community, which only enriches our ability to obtain jobs after school. I was one of the students able to sit in on the question and answer session with Justice Sandra Day O'Connor, who is one of my role models, and I felt incredibly privileged to have her speak with us. The fact that she appreciates Dean O'Brien's contribution to legal education manifests that this school offers great opportunities to its students. Even though I am only a 1L and have not finished my legal education, I have been thoroughly

satisfied with my education thus far. I enjoy working with an engaging faculty that is not only approachable, but also helpful. So next time, it would be wise to get a few more opinions, of say maybe the students, alumni, or faculty or to consult actual statistics. It is apparent that rather than inductively looking at the evidence and coming to a conclusion, the Author started with a conclusion and entered in the relevant evidence. But I forget, the standards of permitting evidence are much more broad for writing a sensational article that sells rather than presenting a case of real substance.

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PAGE 5

Ode to Pennoyerby Alison R. Ver Schuer, ‘15A case that goes down in history, one for Civil Procedure; depicts the story of a scandalous lawyer, a squelcher and a poor schmuck named Sylvester Pennoyer.

All squabbling over land… Portland, Oregon to date; the property was used against the squelcher… when Neff didn’t take the bait. A publication was served, thus constructive notice was made; the scandalous lawyer then waited for Neff to make a play.

But, after failing to appear in court, not being a state resident at the time; Mitchell seized and sold Neff’s land… to the schmuck, Pennoyer, who couldn’t see through all of the slime.

Pennoyer believed to be entitled to the land . . . having made the purchase fair and square; possessing a deed of title, evidence of his ownership, for all to be aware.

But who should return to the property, claiming ignorance to all of his wrongs; the squelcher, Neff, shouting “this is MY land . . . to me it belongs.”

After a mighty judicial process, the Supreme Court received the case, and determined if a state could seize property owned by a non-resident without notice, face to face.

After much deliberation, the court issued a command; Chief Justice Field gave an opinion along with a demand. He held that in order to have jurisdiction over the whole debate; the land in question must be previously attached in order to litigate.

Under the rules of quasi in rem, constructive notice does rate; as both parties were informed of the action through their property within the state.

As a result of this ruling, Neff regained his land . . . and poor schmuck Pennoyer was left with nothing but an empty pocket . . . and hand.

National Lawyers Guild

is hosting a special guest speaker on Friday February 1 from 3-5pm in the Trustees Room. James Marc Leas, Co-chair of the NLG Free Palestine subcommittee, will speak on his participation in a U.S. and U.K. week-long emergency delegation to Gaza to investigate Israeli claims after “Operation Pillar of Cloud”. Please join us for this important event.  Mixer to follow, sponsored by Kaplan!  Announcement of mixer location and goodies served at the end of the speaker’s time. Open to entire NESL family and friends.  

National Lawyers Guild is also participating in family homelessness outreach program this quarter. Each person signs up for a 2-hour shift. Shifts are between 10am and 3pm from Monday to Friday. Each volunteer is committing to standing in front of the Dudley Square DTA (DHCD) office (with at least one other volunteer), and interviewing families walking out who have been turned down for shelter. Even a single two-hour shift will help! Interested volunteers, please email [email protected] , with your name, phone number, preferred email address and whether you speak any other languages. Also, please sign up for a time slot on this doodle calendar: http://doodle.com/56nzgtnpme5eg7x7 . We will send out specific instructions to each volunteer after sign up.

The Value of Lazinessby Naitasia Hensey, ’14

Laziness is undervalued. “Go-go-go,” that's been my life for as long as I can remember. If you grew up in America, the same probably goes for you as well. Going from my 1L year to a summer in Malta and then smack-bang into my second year, I don’t think I slowed down for even a moment. Before law school, when I worked full-time, I'd take ‘vacation’ days to run errands. Fast forward to winter break 2012 and I have my list ready to go. A lot of personal tasks and projects I

neglected from...oh, since August, at least: finish unpacking my suitcases from my summer abroad in Malta, that were still in my living room; match socks; make a collage of my theater, concert, and movie stubs; lots of scanning, shredding and neatly organizing, and on and on. December 20th transformed into January 8th and I realized my list was not any shorter. It’s okay, though, because being lazy felt soooo good. Laziness is a rare treat. Although, there is such a thing as too much being bad for you, a dose of laziness can do wonders to improve your mood, look on life, drive and ambition. However it is a fact that I cannot be idle for too long, so occasionally I

take breaks from my laziness on a whim of inspiration. For example, I figured out what to do with all the necklaces that float around my dresser day after day; and I finally got rid of old magazines―goodbye September 2011 edition of Glamour! Accomplishing those minor tasks edified my weary brain and body; I was able to be proud of my productivity without the nagging feeling of that ‘something else’ that always has to be done next.There's something to be said about no one really relying on you or you having to be somewhere; a relief to not have to move on to the next thing immediately. You can really go with the flow―your own flow. Laziness is like a breath of fresh air. Just be lazy.

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A Summer Abroadby Tiesha Fields, ’15 Chief Justice John G. Roberts walked onto the patio, scanning those gathered while quietly conversing with his staff. The students hid behind the cocktail tables like scared mice, not sure of what to do next and projecting an aura of mild fear. He smiled at the body guard and then proceeded to approach the timid crowd. No one moved. What do you do when the most powerful lawyer in the country is walking towards you? I walked up, put out my hand and said “Mr. Chief Justice, it is an honor to meet you. I’m Tiesha Fields. Thank you for being a part of our program this summer.” He kindly shook my hand, responding with “Thank you very much! It is great to be here. Have you enjoyed the program thus far?” The crowd took a collective breath and began to approach. After several more comments back and forth, he moved on to the next student. Warmly shaking their hand, asking their name, what area of the law they planned to pursue and making a small joke or two along the way. Fast forward to the start of our “United States Supreme Court in Historical Perspective” class, co-taught by Chief Justice Roberts. As students are settling into their seats the Chief Justice walks across the front of the room, looks me in the eye and says “Ms. Fields right?” “Yes sir” was all I could choke out. Class begins and he starts to lecture on the formation of the Supreme Court and Marshall’s fight for its legitimacy. “Now I would like to pose a question. Do you think having different opinions from each of the justices is helpful or harmful? Ms. Fields, what do you think?” My email home to my parents that night ended with, “For better or for the worse, the Chief Justice of the Supreme Court of the United States knows my name.” When asked what my favorite memory is from studying abroad in Malta this is one of the many stories I relay. Other memorable moments include my stay with a Maltese host family and our thought provoking conversations over dinner. Or the side trip to Venice, Verona, Athens and Corinth with my close friend and roommate. I recount the feeling of walking the cobbled streets of Valetta knowing that people have been traversing those same stones since 1566. Oh yeah, and the classes were great too! Thanks to New England Law | Boston’s membership in the Consortium for Innovative Legal Education, students have access to five study abroad programs in distinct areas of the world, each program attracting top notch professors and offering relevant courses that will complement any legal focus. Programs are held in Galway, Ireland; Valetta, Malta; Prague, Czech Republic; Santiago de Chile; London, England. For the summer of 2013, the Chief Justice will be teaching with the program in Prague. Course offerings cover a wide range of topics including: international and comparative law topics in such areas as human rights, juvenile justice, human rights in intellectual property and corporate law, civil and criminal lawsuits (comparing U.K. and U.S.), constitutional history (comparing U.K. and U.S.), environmental law, and international mediation. An internship program is also available for the Malta program, giving students hands on experience in an international arena. Thanks to the Consortium agreement all grades earned during summer classes are applied to student transcripts and factored in to GPA and rank calculation.

For more information on each of the programs, visit h t t p : / / w w w . n e s l . e d u / e x c e p t i o n a l /international_opportunities.cfm For specific questions about study abroad, contact the program director: P ro fe s so r Mon ica Te ixe i r a de Sousa a t [email protected] But don’t just take my word about these amazing programs! Below are fellow student’s responses to their favorite part of their summer abroad program.

The best part about my study abroad program was...

Galway “Your question is difficult to answer. So instead, I will tell you what I can about Ireland. Ireland is everything you want it to be. Ireland is the same it was twenty years ago, but better. Ireland is the same it was a hundred years ago, but different. Ireland is everything it is to be Irish: soft in some spots, rocky in others, not without its problems, but a pure blast every single day. So, I can't tell you what the "best" thing about the program is. I can tell you however, that spending meaningful time with the

incredible people that comprise our university is the first

r e s p o n s e

t h a t comes to mind. Leadership from Dr. Phillip Hamilton and Professor Teixeira de Sousa, and refreshingly outside-the-box ADR coursework from visiting Professor Eileen Scallen, made the trip well-organized and worthwhile. Being in the presence of Mr. Jeffrey Minear was a chance of a lifetime, and his is possibly the best class I have ever taken.” Erin Glynn, 2LE “PS: Kayaking down the Corrib, jumping off that cliff into the Serpent's Lair, and being on Croak Park field all night, up front at Red Hot Chili Peppers, were also trip highlights.”

Prague “The best part of studying abroad in Prague for me was meeting all the people from different schools. The fact that through our symposium we had three different colleges attend the program made the program that much more fun. We all made memories for a lifetime, have stories galore, and most of all met some interesting people that we would not have met. “The other really fun thing about being in Europe is the extended weekends, this allowed for further travel to other countries. I also enjoyed that the professors were very laid back in the

assignments. The classes offered were very informative and pretty enjoyable in my opinion as well. The professors were very helpful and highly educated, one of them even went out to lunch with a couple of us. The best thing overall was the one-on-one time that we had with each professor, this makes a stronger teacher/student relationship and makes it easier to ask for recommendations because the professor knows each student better than a lecture sized class.” Karan Malhotra, 3L

Malta “I spent 4 weeks in Malta and had an amazing experience. The classes were fast paced and I felt like I learned a lot. That said, I had tons of free time and spent nearly every afternoon touring the historic island country and lounging on the beach. The program also worked in two long weekends and I traveled to Italy and Greece on those weekends. It was a wonderful experience and something I would recommend to every single law student. An amazing way to earn 4 credits and see the world in only 4 short weeks!” Amanda Bourell, 2L-SPT “The best thing about studying abroad in Malta was living with a Maltese family and learning about their way of life.” Melissa Smith, 3LE

“The best thing about study abroad in Malta was the overall experience of studying law

in a different place. Study abroad classes are different, they are smaller and you get to know the people in your classes well. That brings me to the other awesome element of study abroad, you make amazing new friends. These new friends that you make become close and it happens fast. It is exciting to be with people you haven't met before from all different school and with these new friends you experience not only classes, but everything your location has to offer. While in Malta I saw a ton of amazing things on the island and during my travels to other places. Overall the best part of study abroad was being in new surroundings, with a different culture, and getting to experience it all with a close group of new friends. Please remember that your study abroad experience is what you make of it; so if you decide to study abroad make it one of the most memorable experiences of your life.” Erin Desrochers, 2L “The first thing that stands out to me about my six wonderful weeks studying

abroad is how it expanded my horizons by being fully immersed in the rich and diverse culture of Malta and beautiful landscape of the Mediterranean. Seeing the similarities and great differences in the day to day life of the Maltese, a people and a culture I admittedly knew little about prior to my arrival, further instilled in me a desire to travel and appreciate what else the world has to offer. “Being in that environment with so many intelligent people from all over the country and sharing the same experiences with each other, created strong bonds and friendships that I am sure will last long after we all arrived back home to resume our 'normal' lives after leaving that Mediterranean paradise. I can't say enough positive things about my time spent abroad other than that it opened my eyes to the world around me, and would encourage anyone who is thinking about doing the same to just go for it!” Nick Lajoie, 2LE

“The Mediterranean Sea.” Naitasia Hensey, 2L

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Center for Business LawSpring Conference:International Commercial TransactionsFebruary 21, 2013Gary L. Monserud, Professor of LawNew England Law | Boston

Commerce has gone global. Peoples in many countries are commercially interdependent in multiple ways. Publications on international commerce abound. Yet, the substantive law that governs cross-border transactions can be illusive and confusing. The ramifications of choices made are not always apparent when parties enter into contracts. Lawyers in the United States and elsewhere increasingly confront issues arising from transnational sales of goods and cross-border financing. Choosing the law most advantageous in the circumstances can be challenging. The Business Law Center at New England Law | Boston, directed by Professor Susan Finneran, is hosting a conference on International Commercial Transactions on Thursday, February 21, 2013, at 154 Stuart Street in Boston. Practitioners, academics, and interested students are invited. There is no charge for this conference. Questions: E-mail [email protected] or call him at 7 3 2 - 6 8 7 - 4 0 4 5 . Y o u m a y r e g i s t e r b y e - m a i l i n g [email protected] or by phoning Jillian Cappucci at 617-584-1908.On-site registration will begin at 12:00 noon. The program will begin at 12:45. Additional conference details are available at nesl.edu/SalesFinancingConference. The first panel discussion, beginning at 1:00 will consider current issues arising from transnational sales of goods. Our first speaker will be Professor Caterina Gardner, Lecturer in Law, from the National University of Ireland, Galway. Professor Gardner has been involved in the reform of Irish law governing sales of

goods and is currently invested in the project of developing a uniform sales law for the European Union. Our second speaker will be Mr. Antonin Pribetic, Litigation Counsel, Steinberg Morton Hope & Israel LLP, Toronto. He has been active in international commercial litigation and is widely recognized for his expertise. A third presenter will be Professor William Johnson, Associate Professor of Law and co-director of the Center for International and Comparative Law at St. Louis University School of Law. Professor Johnson has developed a particular expertise in the UN Convention on Contracts for the International Sale of Goods. This panel will be chaired by Professor Curtis Nyquist, New England School of Law. He has taught Contracts and Uniform Commercial Code courses for more than thirty years and has written extensively on contract and commercial law topics. A second panel on financing across borders will begin at 3:15. This panel will include Attorney Richard Kohn of Goldberg Kohn LTD, Chicago. Mr. Kohn is an advisor to clients involved in international finance and teaches that subject at the University of Chicago School of Law. A second speaker will be Attorney Harry Sigman from Los Angeles. Mr. Sigman is widely known in the U.S., and far beyond, for his expertise in secured transactions. He has advised foreign nations on the ways and means of establishing modern, efficient filing systems. These speakers will be joined by Attorney Edwin Smith, a partner at Bingham McCutchen LLP in Boston. Edwin Smith is known to many in the Massachusetts Bar as one of the country’s foremost experts in secured financing. This panel will be chaired by Professor Ingrid Hillinger of Boston College Law School. Professor Hillinger has taught commercial law courses and bankruptcy for many years and has published extensively in these areas. There will be a social hour and an opportunity for networking from 5:15 to 6:15. This will be a great opportunity to commingle with persons sharing a common interest. The conference will be co-sponsored by the Massachusetts Bar Association, the Uniform Commercial Code Reporter - Digest, and the New England Law | Boston Center for International Law and Policy. Questions: e-mail [email protected] or phone him at 732-687-4045. Additional conference details can be found at nesl.edu/SalesFinancingConference.

NESL’d

By The Fire

2012

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American Health Lawyers Association

will be holding its Annual Blood Drive on campus in the Cherry Room on Feb 26.

Sign ups will be the two weeks preceding in the lobby.

We will have Girl Scout cookies on hand to draw you in!

Torture Worked by Brendan Gupta, ’15 Director Kathryn Bigelow’s controversial film Zero Dark Thirty about the decade-long manhunt for Osama bin Laden reignited the debate on whether torture led to the assassination of the man behind 9/11. After watching the movie and researching for this article, I’m convinced that in bin Laden’s case, torture worked. In Bigelow’s January 10th interview with David Letterman, she said, “[Torture] was part of that story and my intent as a filmmaker was to tell the story as accurately as I could. To have left it out would be to whitewash history.” Bigelow’s sources for the film are unknown CIA officials.The film begins with the 2004 CIA interrogation of an al-Qaeda terrorist named Ammar who is the first person to mention the name Abu Ahmed al Kuwaiti, a pseudonym for bin Laden’s courier. This key fact was the first link in a long chain of actionable intelligence that led to the successful raid on bin Laden’s hideout in Abbottobad, Pakistan on May 2, 2011. The true identity of the person (or persons) characterized in the movie as Ammar is classified. In a May 3rd, 2011 New York Times article, Scott Shane and Charlie Savage reported that interrogators first heard the name Ahmed al Kuwaiti in 2002 or 2003 from detainees “but his name was just one tidbit in heaps of uncorroborated claims.” Various news outlets have rumored that Ammar is actually al Qaeda operative Hassan Ghul who was captured in Iraq and detained in Guantanamo Bay, Cuba in 2004. Jose Rodriguez, the CIA boss in charge of overseeing the torture program at the time, says the man played by Ammar was not waterboarded, however, he was subject to enhanced interrogation techniques. In the movie, American captors beat Ammar, hung him from the ceiling by his arms forced him to stand for long periods, stripped and waterboarded him, subjected him to loud rock music, withheld food, and confined Ammar to a small

box no larger than the inside of an oven. Only after the torture ends does Ammar reveal the courier’s alias. The CIA’s lead on al Kuwaiti met a dead end in 2004. According to the film, due to a clerical error, CIA intelligence on al Kuwaiti said the man was dead. It is unclear exactly how, but in 2007 the CIA finally learned the courier’s real name: Ibrahim Saeed, which led to tracking down the courier and ultimately bin Laden’s compound in 2010. In a December 19, 2012 letter to Sony Pictures, the production studio financing the film, Senators Dianne Feinstein, Carl Levin, and John McCain asked the studio for a public mea culpa because the movie inaccurately portrays torture playing a key role in the hunt for bin Laden. However, in a May 3rd, 2011 interview, CIA Director Leon Panetta confirmed to NBC’s Brian Williams, that enhanced interrogation techniques, including waterboarding, helped lead to the successful mission to kill bin Laden. Panetta said, “The debate about whether we would have gotten the same information through other approaches . . . is always going to be an open question.” In a Washington Post op-ed dated May 16, 2011, Marc Thiessen said that McCain’s assertions, although technically true are “entirely misleading.” Thiessen leaves his reader with a compelling question: if torture did not play a role in the hunt for bin Laden, why won’t President Obama say so? I can think of three reasons: 1) torture did lead to the assassination; 2) American chest bumping about the merits of torture will increase recruitment for our enemies abroad; and 3) if torture did work, the argument for ending the practice is made nearly impossible to win. To clarify, when I say torture worked, this only means that in the fact-specific scenario at hand, enhanced interrogation techniques helped elicit key information that ultimately led to bin Laden’s assassination. This does not mean that the same information could not have been gained through non-coercive methods. Nor does it mean that torture should be excused. Torture is unethical, immoral and anathema to the rule of law. But it worked.

A New Dialogue During Dark Daysby Amin Ganja"zadeh, ’14

“The framers’ intent” – those hackneyed, yet indispensable words that assist a student in how to understand and interpret the Constitution, have been summarily disregarded throughout the gun control debate that has swept the nation in the wake of what has been arguably the nation’s most devastating massacre. The Second Amendment states that, “a well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”In applying the “framers’ intent,” we can conclude that in the infancy of our nation, relatively untrained and experienced citizens were thrust into combat for the sake of liberty and independence against a belligerent government thousands of miles away. Moreover, the landscape was also fraught with danger and uncertainty, given the competition with rivaling settlers such as the Spaniards and French, frequent skirmishes with Native Americans, and the unforgiving wildlife of North America. Over a century later, this nation painfully discovered that imposing a prohibition on a product or good that can nonetheless be obtained by the

general public will only usher in more problems, as seen with the prohibition on alcohol that led to unprecedented spikes in organized crime. What became patently clear was that the country must analyze, face and ultimately accept reality of the prohibition. This same strategy must be applied again, in the context of gun control, especially in light of the zealous campaign to rid the nation of types of weapons used in some of the most recent massacres. This campaign however, has often overlooked, neglected or manipulated facts and statistics to gain leverage in their fight to restrict guns. What they fail to realize is, like alcohol prohibition, new gun control legislation will only restrict gun ownership for those who actually obey them. Georgian gun enthusiast, Steven Drew has admitted, "If you could explain to me how you are going to get criminals to go along with the law, then all those proposals sound wonderful[.] [R]ape, robbery, and murder have been illegal for a long time, that doesn't seem to prevent people from committing them . . . The concerns are politicians react to a dramatic and emotional shootings and killings, and then quickly and emotionally want to pass legislation that has long term, far reaching effects"(http://www.walb.com/story/20626907/gun-rights-activists-bust-gun-myths). One statistic that has been frequently manipulated to inflate numbers and shape opinion has been deaths by gun homicides. In the most recent

and accurate poll conducted in 2010, nearly three out of every five deaths has been a result of a self-inflicted shooting. That’s correct – suicide. fact, the majority of firearm-fatalities have been by suicide every year since 1920 (http://bostonglobe.com/ideas/2013 /01 /20 / the -gun- to l l - ignor ing-su ic ide /xeWBHDHEvvagfkRlU3CfZJ/story.html). Given these daunting statistics, and the character and disposition of the most infamous mass-murders: Columbine, Virginia Tech, Aurora, Sandy Hook Elementary, we must reshape the discourse and attention, from gun control, to mental health and suicide prevention. There is no doubt that greater hurdles must be placed in the acquisition of a firearm, but this must be done with an emphasis on screening for mental health and ensuring the promotion of a culture of responsibility. Instead of reducing, limiting or banning the weapons, this country should and must continue or increase the mandatory three-day wait and background checks currently involved in the process of purchasing a firearm. More importantly, mental screening should be a priority as well as mandatory gun-safety and training courses; this is to ensure that all potential owners are knowledgeable and cautious of what power, as well as danger they are taking home with them. America has already learned the pains of prohibition; let’s not make the same mistake twice.

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Ask Amanda Anything!Amanda Boure", ’15

Dear Amanda, How does a law school improve its ranking? Thanks, Jobless Joe

Dear Jobless, Well first, let’s begin with a brief understanding of how and just who ranks the nearly 200 accredited law schools. The U.S. Schools are ranked by U.S. New and World Report in 12 individual areas, each with it’s own weight. The areas, in order of weight given are: Peer Assessment; Assessment by lawyers and judges; Selectivity (collectively including median LSAT, median

undergrad GPA and acceptance rate, placement success, employment rates for grads and bar passage rate); faculty resources (collectively including expenditures per student, student/faculty ratio and library resources). Well, now that we know how it’s done, according to the numbers, it’s really all about reputation. When NEL|B’s great Bar Pass rate is only given a weight of 0.02 and our exceptionally accredited librarians get the school a mere pittance of 0.0075, it’s no wonder that a school can invest internally and yet not move in ranking. Just as clear, is that a school can choose to sit on its reputation for quite a few years while depriving current students of the resources and peers that helped it gain its reputation in the first place. 40% of the ranking is about who other law school faculty and other lawyers think is “The Best.” That’s nothing that is going to change over night.

In an attempt to directly answer your question, aside from throwing cooler parties (as tried by many a high school nerd or minor frat), it’s going to take time. Time for the qualified grads to get out there, move up and make names for themselves. New England Law has been around for a long time, but it’s only in recent history that it began trying to play with the big dogs. It’ll take time to get that 40% of the votes that propels your Harvards to the top of the list. But we are strong in the lower weighted categories of Faculty Resources, and running with the middle of the pack on Selectivity. Good luck and Best Wishes, Amanda

T o s u b m i t a q u e s t i o n , e m a i l [email protected] . All questioners will be kept strictly confidential.

The Administration Shouldn’t Bother To Respond!

- Anonymous

the VOICE of NELB We Asked, You Answered.

What’s Your New Year’s Resolution & How Should the NELB Administration Respond to the Recent Boston Globe Article?

There Is No Need To Legitimize The Globe Article By Responding. Every Couple Of Years These

Papers Choose A Different School To Attack - Anonymous A

The Administration Should At The Very Least Respond To The Concerns Raised

- Anonymous

The School Should Print An Article Rebutting The “untruth” Of The Article + Prove To The best of their

ability why NELB is worth the price of tuition - Anonymous

The administration should cut the dean’s salary by

half and use that money to fund a 24 hour library

during finals and to hire more 1L teachers who are both qualified and want to

teach these classes - Anonymous

The dean should respond asking that the globe critique him and not the students

- Anonymous

My new year’s resolution is to take better care of myself. I also think that NELB should counter the article by making sure the students feel confident about our law school and are

proud to be going here - Katelyn Mckenna

My new year’s resolution is to get a 300

on my army PT test - Ryan, 2LE

The school responded to the globe article by emailing the student body in rebuttal. What they should have done was make a public response to it, made by a faculty

member who is not a board member - Rachael Wallis, 3LD

Students should get good grades, get jobs and prove the article wrong. Its up to us, not so much the school.

- Evie Burguieres, 3LD

The school should respond by filing a lawsuit

- anonymous

Have the globe publish another article that corrects the incorrect half-truths that they

published! -Mallary Douraghi, ‘15

I made a new year’s resolution 3 years ago never to make another new year’s resolution, and I’ve

stuck to it. - Brian Vanderbosch

Coming in March!

American Health Lawyers Association will be hosting a Veteran’s Health Forum.⦆ Introduction of specific topics and speakers to come!

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The 2013 Law Day and Barristers Ball Committee Presents:

The Date Auction

Coming to you in February 2013 Location: to be revealed later

8:30pm – 11:00pm The bidding begins at 9:00pm sharp

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Puzzles & Classifieds

New England Law | Boston Crossword

Property and Some Beer

BY ERIC WIND

[email protected]

1 2 3 4 5 6 7 8

DOWN9

1 European common currency10 11 12 13 14

2 house made of ice15 16 17 18

3 egg ___ (holiday drink)19 20 21

4 problem that arises when land is shared 22 23 24 25

among too many individuals26 27 28 29

5 Spanish for sun30 31

6 Roosevelt's namesake land mammal32 33

7 Gorham/Portland ME Brewery34

8 Opposite of from35 36

11 tort pertaining to interference with 37 38 39 40 41

quiet enjoyment of property42

12 lake trout to northerners43

13 1L's fav 'tort' (abb.)44

16 tort pertaining to unlawful entry

ACROSS 18 Rhode Island's infamous tall boy ale

1 _____ Domain 19 Buddhist's calm state

4 opposite of slowest 22 daily print news sources

9 astrological lion 24 smaller than a canyon

10 beer from Bridgewater Corners, VT 29 particular snake

14 1000 bytes (ab.) 30 Boston's whaling weapon named brewery

15 military serviceperson (ab.) 32 exceed the space allowed or overflow

17 indefinite article 36 key component to identify in case law

19 municipal ordinances controlling land use 38 digitize a print document

20 its not you, its __ 40 to __ or not to __...

21 The melodic mode used in Indian classical music 41 2.54 CM

22 Opp. Of SW

23 outside limit of an object or surface

25 conjunction for alternatives 35 indication, gesture or signal

26 __ route, or __ masse 37 devoutly religious

27 a place to drink ales 39 abbreviation often seen in classified adds

28 Costa Rican peninsula, home of 42 conditions tied to the use of land

Corcovado National Park 43 do this on a treadmill or in a road race

31 large blue plastic sheets 44 the situation that exists when a structure

33 between banana republic and old navy is built in whole or in part on a neighbors

34 the rule against ___________ property

NEL|B Crossword

LEGAL TELEVISION

BY ERIC WIND

[email protected]

S P E C I A L V I C T E M S C

E A N A N E A T O

C R I M I N A L I N T E N T L

R P I T T D

Y S L E E K B O O T S

M A J O S O H O

L A L A W I P A D S A

S O N I G H T C O U R T

R O V E R S M O K

N D O L P H I N H M

D E L L L A B B A

T H E P R A C T I C E R E S T

A Y S R O G I V E L

B E T D A M A G E S O

J U D G E J U D Y L Y C

S M A D Y W O K

19

20

23

24

26

30

31

34

38

39

40

44

46

49

50

Answer Key toLEGAL TELEVISION

Books For Sale

1L Supplements! x Q&A for Contracts $5 x Examples and Explanation for Civ Pro by

Glannon $10 x Contracts casebook by Farnsworth 6th Ed $5 x Finals book for Contracts $5 x Quick Study Guides for Civ Pro and Crim $2 Call or text Amanda if interested. 512-203-9095

Textbooks & Study Aids For Sale x Business Associations: Cases and Materials on Agency, Partnerships, and

Corporations, 7th Edition; Klein, Ramseyer, Bainbridge - $60 x Examples & Explanations: Corporations, 6th Edition; Aspen Publishers - $20 x Ethical Problems in the Practice of Law, 2nd Edition; Lerman & Schrag - $40 x Criminal Procedure: Constitutional Constraints Upon Investigation and Proof,

6th Edition; White & Tomkovicz - $75 x Understanding Criminal Law, 5th Edition; Dressler, LexisNexis - $20 x Crunchtime: Evidence - BRAND NEW; Emanuel - $25 x Federal Income Tax, 3rd Edition; Schmalbeck & Zelenak - $150

Contact [email protected]

Textbook for Sale!!! The Art and Science of Trial Advocacy (second edition). $30.00 USD for the book Required for Judge Ronquillo's trial practice course and would be tremendously helpful for any other practical skills course The book is in excellent condition - No wear or writing appears on or in the book. Contact: Jeff Knight - [email protected]

Study Aids For Sale – Like New x Lexis Q&A: Contracts - $10 x Understanding Crim Law (2nd Ed) - $15 x Examples & Explanations: Civ Pro (6th Ed) - $15 Contact [email protected]

Page 12: Due Process - Issue I Volume II - Spring Semester

Now that classes have begun it is time to (re)assert your Athletic prowess

Chances to unleash your “Competitive Being” against other NESL students will be available in the following forms:

Basketball LeaguePick up your Team Sign-Up Forms from the SBA Office…NOW!

Dodgeball Tournament12 Teams Participated in the Fall Tournament…Great Success

The Winning Team: F.B.G.M.Winning Teams will have their name engraved on the Inaugural Dodgeball Trophy for all

future classes to bask in their greatness

Spring-A-Palooza5k and Kickball Tournament in the neighboring Boston Commons

Winners will be rewarded with extravagant gifts

Want to play in the Biggest Softball Tournament in the COUNTRY at the University of

Virginia?!?!

It takes place the First Weekend of April!!

Email for how to get a spot in this 2-Day event that includes Transportation and Hotel

Questions or Inquiries about these events?? Contact the Athletics Committee at [email protected]