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Sarah, 2L

Co-op

October 24, 2007

California Love

A lot of stereotypes about California are true. General obsession with frozen yogurt? True. Pervasive car culture? True. Widespread acceptance of plastic surgery as a near-necessity? True. Fancy cars everywhere? True.

When I chose to come to Pasadena for my first co-op, I had never set foot in Southern California before and these stereotypes were about all I knew. Sure I'm from the West Coast originally but small-town central Alaska and rural Southern Oregon are a long way from bikini-clad ladies, Bentleys, and celebrity sightings (which I just accidentally spelled "citings" - law dork alert!). But right now I'm wrapping up my second month in California and I'm already sad that the end is in sight.

Since the start of September, I have been working at the United States Court of Appeals for the Ninth Circuit as an extern to Judge Kim McLane Wardlaw ("externship" being the term Californians use for our NUSL-deemed "co-ops"). It's my first co-op and I can't think of a better place to start.

I applied for a judicial co-op mainly due to an all-too-painful awareness of my own weakness (thanks, law school!) - legal writing. While I had been a "creative" writer for much of my adolescence and managed to churn out more than a few excessively lengthy and overly serious works as an undergrad, in my first few semesters of law school I had yet to master the particular beast that is Legal Writing. Having heard rumors that working for a judge was a good place to get rigorous writing experience, I set out looking for judges I thought I might be interested in co-oping with.

While you can apply to co-op with judges who are not co-op employers, the fact that a judge already knows the NUSL system and is willing to take part in it really appealed to me. Judge Wardlaw has been a co-op employer for a while and all the student-written reviews of her were positive. Also, she is a Clinton appointee and had recently written a controversial decision advocating for the rights of homeless people to be free from police harassment and arrest during night hours. AND she had been voted one of the "Hotties of the Federal Judiciary" - a title which in and of itself didn't hold much allure for me, but her willingness to play along indicated a judge who was able to have fun while taking care of business.

So I applied for a co-op here, thinking it was a long shot, but crossing my fingers nonetheless. After 3 phone interviews and the diligence of Jeff Smith in the co-op office, I was hired.

My time here has been all I could have asked for in a co-op. The four clerks who supervise us are enthusiastic and have none of the snobbery I thought I would find among some of the smartest law school grads in the country (hey, I'm being honest). The judge is accessible, down to earth, incredibly smart, and lets us take part in the meetings and discussion of the chambers. My co-externs are a Sikh woman who is going on to work in a large international firm, a 32-year-old man with a business background, and a 24-year old blond California girl in the Air Force. We have worked on cases involving immigration and asylum law, the death penalty, criminal law and sentencing, and copyright. We have had the chance to observe oral arguments before a panel of Circuit judges, learn about the ins and outs of the federal courts, and witness the process of a case coming to the court, being decided, and becoming a published opinion.

When I say that co-oping here has unromanticized the process of the law for me, I mean it in the best way possible. It may be less glamorous once you know what goes on behind the scenes, but its no less honorable, impressive, or flat out interesting. I think that's one of the best parts about co-op - during your first year of law school the law seems so distant and foreboding, so far from human. But once you are out in the courts, in the non-profits, in the government agencies, you see that the law is made by human hands (for better or for worse) and that it doesn't belong only to Justices and casebooks.

So, in about a month, I have to pack up and head back to class. Leave the sun behind for the Boston snow, leave the fancy courthouse for Cargill 97, leave the glamor of judicial chambers for lugging my books across campus.... But don't feel too bad for me - come March I'm headed to Puerto Rico. Yep, that's right - next co-op is in San Juan.

November 1, 2007

Switching

So, I made the decision to switch rotations.

To someone outside of the NUSL-bubble, this probably sounds like a foreign language - switching rotations? What is a rotation and who cares if you switch it?

Well, it’s a NUSL thing and it is, to some people, sort of a big deal. After a first year of standard law school classes ends in May, the 1L class splits in half. Half of the class heads out on their first co-op and the other half heads into the first three months of their 2L classes. Although not etched in stone, over the last few decades each rotation has developed its own “character.? Those who head out on co-op right away, the “Winter/Summer? rotation, are assumed to be more “traditional? law students. This is based on the fact that all other law schools besides NUSL send their students out looking for jobs in the summer months and therefore firms and certain governmental programs and scholarships have established programs for law students during the summers. Those who go on the “Fall/Spring? rotation are generally the more “public interest? minded students, thought to be so because they hold little interest in firm summers. Of course, like a lot of broad caricatures, these ideas have an inkling of truth and a lot of exceptions.

That said, I choose the Fall/Spring rotation for the same reasons a lot of people do - I didn’t want to compete with a huge group of law students from other schools, I wanted to be part of the “public interest? group of students, most of my friends were Fall/Spring, and I didn’t have an interest in working at a firm. So why am I, to the dismay of some friends and confusion of others, crossing over to the “other? rotation?

For me, it came down to choosing to be a summer associate at a firm. While I knew I could get co-op experience at a firm during another time in the year, I believed that “summering? at a firm held two unique advantages: first, most firms hire permanently from their pool of summer associates. While being hired is definitely not guaranteed (especially at a small or medium firm), being a summer associate increases your chances. Second, I have been told by many people and have seen in my own experience, that having a summer associate position on your resume greatly increases your likelihood of obtaining a clerkship.

Of course none of this would have had any bearing on me if I hadn’t found a firm that I felt was right for me and that, amazingly enough, thought I was a good fit, too. I interviewed with one firm, developed a firm crush on that firm, and was offered a summer associate position with that firm - so I was lucky. It’s a medium-sized Boston firm, with a high number of female lawyers, both a criminal and civil practice, a good reputation amongst the lawyers I talked to, and an amazing commitment to pro bono and public interest work.

Despite my enthusiasm about the job, it's not an easy switch. Honestly, some people see it as a betrayal to work at a firm - any firm - when you claim to be committed to social justice. (I have lots more to say about this). On a day-to-day basis, its hard to think about being in classes with people I haven’t seen for a year or two, and hard to think of all my friends, clubs and groups continuing without me there.

But I know why I came to law school and what keeps me going - the chance to get the best legal education possible and become the most well-rounded lawyer I can, in order to serve my clients to the greatest extent. I came to Northeastern because I knew it would give me the chance to learn all aspects of the law, if I could just seize the opportunity. So I am.

So. After three months of class this winter, and another co-op in the spring (at the Federal Defenders office in Puerto Rico, where I plan on eating pastelitos and café until I can no longer stand), I will return and begin the last part of my law school career as a member of the Winter/Spring rotation. Wish me luck.

November 20, 2007

Reading list

Tomorrow is my last day of co-op! I can't believe it - three months ago I came out to Southern California for the first time, having never stepped foot in a federal courthouse, and now Pasadena and the Ninth Circuit courthouse feel so familiar. It really has been a great experience and I feel so lucky that it has been part of my law school experience. I am leaving some good weather and some great friends behind.

Today I thought I would share with you some of my favorite law-related but non-casebook reading. I find that every once in a while its great to go back to those books that inspired you to pursue the law, whether they be the classic To Kill A Mockingbird or even, admit it!, John Grisham. Here are a few of my favorites:

A Civil Action, by Jonathan Harr, is the true story of lawyers taking on corporations...and winning. Eventually. For me the combination of an ambitious, if unrealistic, young lawyer, corporate (ir)responsibility, and public health combine to make a thrilling read. Even better, some of the main characters are still practicing right here in Boston. Beyond the excitement of the story, however, the book also illuminates what a long and draining fight class action lawsuits, and litigation of all kinds, can be.

I recently read Thurgood Marshall: American Revolutionary, by Juan Williams. Prior to attending law school, and even through my first year, I didn’t understand people’s interest in Supreme Court Justices. However, after being in law school a bit longer, and reading this book, I find it fascinating how learning about individual Justices can give you a better idea of what the practice of law was like during their tenure, what the political climate was, and, most of all, remind you that law is made by real people, who are products of their place and time.

One of my favorite books of the past year or two was Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age, by Kevin Boyle. It’s one of those non-fiction history books that gives you an incredible sense of what life was like during a specific period in American history. As they write on the website for the great bookstore Powells, http://www.powells.com/:

“In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes.

And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times.?

This book got me really interested in Detroit, in Clarence Darrow, and in the history of the NAACP. Arc of Justice is captivating - a moving and devastating portrait of racism, American history, and one man’s story.

One final note: while not directly law related, right now I am reading The Cigarette Century: The Rise, Fall, and Deadly Persistence of the Product That Defined America, by Allan M. Brandt. The Cigarette Century was recommended to me by NUSL professor Richard Daynard, who runs the Public Health Advocacy Institute, http://www.phaionline.org/. Check out their work on Tobacco Control here: http://www.phaionline.org/projects/tobacco-control/.

Have a great holiday everyone!

December 6, 2007

Rocky transition

The transition back into the life of a law student has been harder than I expected. The upside of the NUSL lifestyle, of always running to a different location, job, task, set of people, has a downside of...well, of always running to a different location, job, task, and set of people!

Just two weeks ago (!) a day in my life looked something like this: wake up around 7, walk three sunny miles to work (with a stop for coffee at my favorite bakery), spend the day in the beautiful federal courthouse working on cases at my own pace, helping clerks as needed, and joking around with my fellow externs. Come 5 or 6pm, leave, have dinner with a friend, and spend the rest of the night doing. . .whatever I wanted!

My days now look a little different. I wake up in the morning, and it’s dark and cold out. I jump out of bed (ok, drag myself out of bed) and think about everything I have planned for the day. Go to at least one, and sometimes two, fast-paced and challenging classes. Read dozens of pages of cases for each. Work in the CISP office. Run from meeting to meeting. Serve as a research assistant to a professor. Stop into Chicken Lou's for my customary dose of fried food. Try to keep up with everyone over email and the phone. And, finally, at 8 or 9, trudge home for a late dinner, a dose of trash TV, and some final bed time legal reading. Yep, life has changed.

Don't get me wrong, I know I'm very lucky that my full time job is learning. It’s pretty incredible. But it has surprised me how hard it is to get back in the swing of school. The semester seems quick too, with a holiday break in a few weeks (Florida, here I come!), and then the quick descent of finals.

So wish me luck! I hope to find some way to kick start my brain soon.

Oh, one final note: I missed it last year, but it looks like I’m going to be able to make the annual Reblaw conference this year. I’ve heard great things about it, and I’m already excited about attending this February. Check it out if you’re interested in social justice lawyers and law students: http://islandia.law.yale.edu/reblaw

January 16, 2008

The season of sick

I'm battling with a stubborn cold right now (or at least that’s what I assume it is, since I can't apparently be bothered to go to the doctor), so please excuse me if I'm all over the place.

A few prospective students have recently asked me about the feasibility of practicing outside Boston with a degree from NUSL, and I know this is a common concern. The best way to create connections outside of Boston, of course, is the co-op program (see Aisha’s blog for more, I think she’s done all of her co-ops in Atlanta!). However, beyond co-ops, the alumni network at NUSL is strong and nationwide. In addition to all the NUSL grads out there willing to talk, I have also recently realized that we have a very valuble resource in the faculty. And that’s why this week what’s on my mind is how much I love my professors at NUSL.

I have been struggling with trying to make connections in Florida, where I hope to move after graduation, and have turned to some professors for help. In the last few weeks, I have shot off emails to professors who practice, or teach, in areas of law I am interested in, asking if they might have connections in Florida they would be willing to speak with me about. The responses have been uniformly enthusiastic. Professors and administrators have given me names of lawyers, firms, judges and organizations they know in the area, helped me access lists and directories, and told me about NUSL alums they know working in South Florida. I’ve been bowled over not only by the feedback they have given me but also by their friendliness in responding. They really seem to see their place in the NUSL community not only as standing in front of a class a few times a week, but as being a general and accessible font of knowledge and experience to share with students. All of this is in-line with my experience at NUSL generally. During my time here, professors have been happy to have me on as a research assistant, welcoming of my ideas and concerns, and open to my various and ever-changing enthusiasms. I can’t think of one professor whose office door I would be afraid to knock on, and I can think of a half-dozen I say “hi? to in the halls. Sure, class selection, the co-op program, a commitment to public interest law, and all the other things about NUSL are important to me….but day in and day out, friendly and welcoming faculty make law school just a little bit easier.

January 30, 2008

Countdown to finals

There is under a month until final exams roll around, and I'm busy attempting (or at least thinking about attempting) to get into review mode. When you are a 1L, the horrors of the first year of law school are tempered in part by reading week - you get a week of no classes to prepare for finals. It might not sound like much, but boy is it wonderful! My first semester, reading week took the form of a friend and I (hi Julia!) heading to my aunt and uncle's house in Cape Ann for seclusion and 24-7 focus on our books. Second semester, I holed up in Boston, which was less quiet but meant I had access to study groups.

Unfortunately, there is no such thing as reading week during your second and third years of law school. This means that you are both learning new material AND reviewing at the same time. Every semester I hope that the teachers will take pity on us, and leave that last week for reviewing in class, but with the short quarters here at NUSL, we need every class we can get in order to cover the material in the syllabus. So that’s where I am now - trying to prepare for the end, while in the midst of still figuring everything out! And there is a lot to figure out - in Fed Courts we are up to our necks in the 11th Amendment, in Employment Law we are drowning in Unemployment Insurance, in Law and Economic Development we are broaching that teeny-tiny and completely accessible subject of Transnational Corporations (TNC's to those in the know), and in my Independent Study we are looking to start making some modest recommendations about national tobacco control. Can you sense my sarcasm and slight panic? Yep, it all feels a little overwhelming right now…but such is finals season! And on the other side? Co-op, the holy grail of NUSL.

February 7, 2008

I can't lie - classes are hard!

With less than two weeks left till finals, the pressure is on. Honestly, this is when I am probably the worst person to talk to about law school, or to ask about my experience, because I am tired and cranky! Every time I give a tour I tell students "Anyone who tells you law school isn’t hard is lying." They just are. It’s a hard experience, with a lot of challenging coursework, a sheer overwhelming bulk of tasks and materials, and a pretty intense work ethic surrounding you. It's at these times when finals are breathing down my neck and I'm berating myself for all those nights spent watching Law and Order instead of studying the law that I start to wonder if I'm really cut out to be a lawyer. Who could possibly work so hard for the rest of their career?

Luckily, I have friends. Specifically, friends who remind me that I don’t always feel this way. Although it seems like long ago to my mind, my friends tell me that when I was on co-op I didn’t feel this way. I didn’t feel too stupid for the law, or in over my head. I felt (or so I hear) excited about the challenges, enlivened by the intellectual stimulation, and like maybe, just maybe, it was something I could actually be good at some day.

So I'll push through these next two weeks and make it through finals. At the end of it all, I probably won’t feel filled with a love for the law, or a sense of my place in it. However, hopefully my co-op will bring back those feelings. It’s important to feel like you may, someday, be good at what you have spent so much time and energy working at. I hope co-op gives me the chance to feel that again.

February 21, 2008

Finals

Hello from the midst of finals week! I am done with my two in class finals, Federal Courts and Employment Law. Now, I have about 24 hours to finish a take home exam for Law and Economic Development and a paper for my Independent Study. On top of that, I have only a few days left to clean my whole apartment, and pack up to leave for Puerto Rico! All and all, I'm worried I won't get it all done, but I guess I don't have a choice! At least the end goal is worth it...another semester of law school down, and, soon, a warm island beach to sit on...

February 29, 2008

From the island

Hi everyone! I am writing from Old San Juan, in Puerto Rico. I am here really really appreciating the sun, walking around outside as much as I can, and picking up Spanish...word by word. I don't have regular internet access, so this will be it for this week, but I start my co-op on Monday and should have more computer time then. I hope everyone is well and I can't wait to swap co-op stories with all my law school friends embarking on new adventures,

March 6, 2008

Hola!

Hello from the offices of the Federal Public Defender in San Juan, Puerto Rico (Hato Ray, to be exact). I'm in my first week of co-op here, and loving it. Already I have watched oral arguments at the 1st Circuit, met with a number of District Court judges, interacted with Assistant United States Attorneys, and attended my first sentencing hearings...AND I've already been approved to visit the Federal Detention Center here in San Juan. Wow.

So I'm thrilled. The people here in the office are great - so enthusiastic about their work, and so welcoming. From what I have observed, the job of Federal Defender is incredibly active and varied, and more social than I expected. You have to be able to interact with clients and their families, field calls from different people all day, rush back and forth from the courthouse to meet with judges and opposing counsel, and still find time to conduct your legal research and writing! Attorneys here can have over 40 cases at one time. That would be a lot for anyone, but for attorneys who are passionate about providing great representation and are their clients only hope, it's even more pressure. I have so much respect for public defenders already, and these ones (who conduct themselves in two languages no less!) are only increasing my awe.

Other than work, the rest of PR is great too! I feel so lucky to be here. I get to hear both Spanish and English every day, enjoy nearly perfect weather, and be immersed in a new culture. Really, no complaints! It's probably the first time since I started law school that I haven't been whining.

March 12, 2008

The Commonwealth of Puerto Rico

Co-op is about so much more than the actual co-op you’re on. Maybe that sounds obvious, maybe it doesn’t. What I mean is that its also about finding out what type of place you enjoy being at (private, public), what area of law feels right to you, and, if you’re lucky enough to be in a new location, learning about the culture and legal intricacies of your surroundings. What’s piquing my interest right now, other than the fascinating process of learning about federal criminal law, is learning about the history of Puerto Rico, and the legal, cultural, and political relationship between this fascinating island and the rest of the United States.

On the state level, the primaries were held in Puerto Rico on Sunday, so the island has been chattering away about the race for Governor. I know I’m biased (I did prisoners rights work for 2 years before coming to law school), but the most exciting point for me has been the discovery that in Puerto Rico, prisoners are allowed to vote! In case you didn’t know, this is NOT the case in the rest of the United States. In fact, in many states, even after you have served your time, you are still denied the right to participate in elections. Personally, I think this is outrageous - even if convicted of a crime, I believe it is crucial to allow prisoners to maintain their involvement in democracy. Not only do I believe it’s the right thing to do in terms of civil and human rights, but I also believe it is a crucial element in the reentry of prisoners into society and in lessening the cultural gap between prisoners and the rest of society. But that’s for another, longer, conversation.

On the federal level, I have been undertaking an attempt to understand more about the political and legal relationship between the island of Puerto Rico and the federal government of the United States. In case you are unfamiliar (as I was, and still am to a great extent), here are a few important facts: Puerto Ricans are citizens of the United States (following passage of the Jones Act in 1917), however, they do not have the right to vote in federal elections. Puerto Rico’s only representative in Congress, the Resident Commissioner, does not have the right to vote on legislation. Puerto Ricans are ineligible for certain benefits under a number of federal programs. A 1980 case, Harris v. Rosario, upheld this disparate treatment, writing that Congress “may treat Puerto Ricans differently from the States so long as there is a rational basis for its actions.”

If you are interested in learning more about the history of Puerto Rico, and specifically the development of legal rights of Puerto Ricans, a great starting place for me has been First Circuit Court of Appeals Judge Juan R. Tourruella’s recent law review article, "The Insular Cases: The Establishment of A Regime of Political Apartheid." 29 U. Pa. J. Int'l L. 283 (Winter 2007). (The Insular Cases were a series of cases at the start of the 20th century which determined that only “fundamental” constitutional rights had been extended to Puerto Rico and other “unincorporated” territories. See also Elizabeth Vicens, "Application of the Federal Death Penalty Act to Puerto Rico: A New Test for the Locally Inapplicable Standard" 80 N.Y.U. K. Rev. 350 (April 2005), another great article). Judge Tourruella is in the fascinating position of being both Puerto Rican and a member of the federal judiciary. In stark terms, what this means is that while he holds one of the most influential and prestigious positions in the United States judiciary, he is not able to vote in the elections of the United States.

The history of the United States attitude towards Puerto Rico is rife with explicit racism. As Tourruella writes, for instance, “President Taft accused Puerto Rico’s elected leaders of irresponsibility and political immaturity, and stated that too much power had been given to Puerto Ricans ‘for their own good’.” 29 U. Pa. J. Int’l L. at 322-323. Many feel that this paternalistic attitude remains an undercurrent in Puerto Rican/U.S. relations. I continue to learn more, in the hopes of understanding this complex relationship.

I have been reading and rereading the powerful argument made by Justice Harlan in his dissent to one of The Insular Cases, and am impressed, as I often am, with Harlan’s forward-thinking stances. Justice Harlan writes: “Monarchical and despotic governments, unrestrained by written constitutions, may do with newly acquired territories what this Government may not do consistently with our fundamental law. To say otherwise is to concede that Congress may, by action taken outside of the Constitution, engraft upon our republican institutions a colonial system such as exists under monarchical governments. Surely such a result was never contemplated by the fathers of the Constitution . . . The idea that this country may acquire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces - the people inhabiting them to enjoy only such rights as Congress chooses to accord them - is wholly inconsistent with the spirit and genius as well as with the words of the Constitution.”


March 24, 2008

Us and Them

If you are engaged with the criminal defense side of the law at any point in your life - be it through prisoners rights work, as a public defender, or through general advocacy - you will again and again be asked different varieties of the question, “How can you work with those people ?” Some who ask the question will phrase it slightly more delicately, but the underlying emotion remains the same: those are bad people, they are not like us, they are beyond help, and they deserve whatever punishment they get.

These days, when people hear I am an intern at the Federal Public Defenders office, it seems everyone has a story to tell me about a gory crime committed and a criminal who didn’t get the punishment they should have had coming. A story, basically, about how criminal defense attorneys help people who have committed heinous crimes get away with them, scott free.

Doing criminal defense work could hardly be more different than that image. Instead, the attorneys here spend hours trying to help those accused of crimes understand their rights. The intricacies of the system hardly understood by most law students and lawyers: what it means to plea, the benefits and drawbacks of a jury trial, and the charts and graphs of the sentencing guildelines. Public defense attorneys spend the day talking to family members, helping them wade through the complicated criminal justice system. Attorneys here try to make sure that those being sentenced for crimes get a sentence that matches the individual situation of the defendant - hopefully, a sentence that will help them recover the life they are losing while incarcerated.

Yep, the reality of the criminal justice system isn’t much like CSI or Law & Order (which all focus on prosecution, it should be noted). It's not much like that at all. The “bad guys” are never quite so simple, the crimes rarely so elaborate and brilliantly planned. In reality, people get wrapped up in the criminal justice system for so many different reasons, usually not a scheme to make millions, and often non-violent offenses. People make bad decisions, they make mistakes, and they pay dearly for them. Usually this punishment - time in the hundreds of state and federal prisons throughout the country - guarantee that their interactions with the criminal justice system will continue for the rest of their lives. It is incredibly hard to reenter the “outside” after years in prison, with a gaping hole in your resume, in your personal life, and in your ability to interact with society as a whole.

The harsh reality is that those involved in the criminal justice system aren’t “those people” at all - they are us. Last month news sources reported that, for the first time in United States history, one in every one hundred Americans is incarcerated. (See the New York Times article on the report at http://www.nytimes.com/2008/02/28/us/28cnd-prison.html?_r=1&hp=&adxnnl=1&oref=slogin&adxnnlx=1206363871-4ViH+hZw3jRZENnLLPwIcw). If you were to do a true account of those directly affected by the prison system, it would reach far beyond that one in one hundred. It would include the fathers and children holding hands over tables in the visitation area at the federal detention center in Guyanabo, Puerto Rico. It would include the sisters and brothers in upstate New York mortgaging their hard-earned houses to pay for bail, to pay for an attorney, to support the families left behind. It would include sons and daughters across the country who haven't spent a holiday with family in decades.

I can never write eloquently enough to convey the suffering and agony of those imprisoned, and the pain and struggle of the family and friends they have left outside. Pop culture has romanticized prison in so many different ways, has made so many jokes about prison culture, and spread so many rumors about cable tv and life behind bars. Prison is none of these things. It is cold and institutional, it is bad food, and small spaces, and a constant feeling of fear. It is the loss of control, the loss of choice, and the absolute loss of freedom. Yes, many of those incarcerated have committed crimes, but all remain human. It is easy to forget that every day each of us wakes up, heads to school or to work, sees those that we love, makes the choice to do whatever we want with our day, millions of Americans are trapped in prison. If lucky, they may spend an hour or two in the fresh air. They are told when to walk, when to eat, when to bathe, and when to speak on the phone. All priveledges that may be revoked at any time, for almost any reason.

A number of people have been credited with a variation on the quote, but as Dostoevsky wrote,"The degree of civilization in a society can be judged by entering its prisons." For those who don’t want to acknowledge the complexities of the criminal justice system, those who don't want to look behind the black and white ideas of guilt and innocence, there is little that can be said (and certainly little in this short blog) to change their minds. The idea of "criminal justice" is complicated, it is both personal and political. However, it's also an issue that cannot be ignored. Because it's not just an issue - it's our friends, our family, and our responsibility.

March 28, 2008

Wow.

Things are busy in Puerto Rico right now. Today I was lucky enough to be in the courtroom to witness the Governor face federal charges. As reported in the New York Times, "Aníbal S. Acevedo Vilá, the governor of Puerto Rico, has been charged with 19 criminal counts related to the financing of three political campaigns from 1999 to 2004, including conspiracy to violate federal campaign laws, wire fraud and illegally using campaign funds for his personal use, according to a federal indictment unsealed on Thursday." http://www.nytimes.com/2008/03/27/us/27cnd-puerto.html?ei=5070&en=2dd5e68b0674f636&ex=1207281600&adxnnl=1&emc=eta1&adxnnlx=1206717531-RZ0ABihneG0tO+lfBpY+ew

The Governor plead not guilty to all charges.

April 24, 2008

Hey all

Not much to report...but in a good way! I'm busy preparing for two trials that start next week (when it rains, it pours) and still loving learning about criminal law. In the last 24 hours I have written my first proposed jury instructions, and my first Rule 29 Motion for Judgment of Acquittal. Wow. These last weeks have had me grappling with sentencing (I don't think the courts have figured it out either yet, honestly), refreshing myself on Crawford and hearsay (luckily I had Evidence with a great professor, Judge Borenstein...not to mention Criminal Law with one of NUSL's favorites and finest, Prof. Givelber! If you come to NUSL, you should definitely try to take classes with both.), and parsing apart the word "knowingly." Oh, and of course I'm still making weekly trips to the beach. So, no complaints from me. In fact, I am so thrilled here, I have decided to apply for some clerkships with judges in Puerto Rico. As always with clerkships, it’s a long shot, but I thought I would give it a try. Wish me luck!

April 30, 2008

Patience is a virtue...or so I hear

For the first time in my life, I am waiting while the jury deliberates on a case I have been working on for weeks. We have been in trial since Monday and today the jury was sent to determine their verdict. I cannot tell you how nervous I am.

I thought it would be easier to "read" the jury somehow - that I could look at their faces and chart their reaction to the trial, the evidence, the witnesses, our clients. But it's been impossible. I have no idea if they have been persuaded by our arguments or by the government's. No idea - even though I watched them go through the process of jury selection - how they feel about the crime our client is charged with, or how they feel about the trial process. It seems incredible that twelve people ever agree on such complex legal issues and complicated facts. And yet across the country, every day, hundreds of people are involved in this trial process. "A jury of your peers" is a real and living thing....and jury duty, despite all the jokes about it and people dying to get out of it, is a significant task.

And now all I can do is wait.

May 2, 2008

Update on trial

Wednesday around 4pm the jury came back with a decision. They found both defendants guilty of the charges against them. Since federal court is conducted in English here, while the defendants had earphones through which they could hear a translation of the verdict, their family members did not realize what was going on until the U.S. Marshalls came forward with the handcuffs. Then they started to wail. We took everything that was in the pockets of our client (they have to be empty to go into custody) and sat with our client's mother as he was led away and she sobbed. Then we walked her to her car where she turned to us and asked "Is that it?"

That’s it. Her son is now a federal prisoner, in the custody of the government. He will be sentenced in August and faces decades in prison.

It is impossible to convey the intensity of the trial experience. I learned more in those three days about criminal law, about my abilities as a lawyer, and, honestly, about people than I have in all of law school. It was an experience I will literally never forget.

May 8, 2008

Trials and tribulations (ha!)

I can't lie, I'm still a little exhausted from the trial last week. So this week's posting is going to be sort of a cop-out. Here are some of the articles floating around the legal "blogosphere" that I find interesting. I never thought I would read about law in my free time, but once it's your career....it sort of seeps in everywhere. Enjoy and have a great week!

An article about recent allegations of discrimination on the basis of pregnancy amongst big law associates. My dad does employment discrimination law so this is a field that has interested me for a long time: http://abovethelaw.com/2008/05/proving_the_pregnancy_discrimi.php

On that note, here is my dad's blog! He focuses on employment and labor law in the Ninth Circuit, with a particular focus on Alaska, where he has practiced since the '70's: http://www.akemplaw.com/wiki/

An article about having a practitioner as law school dean (as opposed to an "academic," not that they are mututally exclusive): http://legalblogwatch.typepad.com/legal_blog_watch/2008/05/can-a-practitio.html

And a lawyer proving that creativity can be part of legal practice: http://blogs.wsj.com/law/2008/05/08/creative-lawyers-an-oxymoron-not-in-james-coopers-world/?mod=WSJBlog

In addition to the above referenced WSJ Law Blog, the "legal tabloid" Above the Law, and the roundup Legal Blog Watch, some of my other favorite law blogs are the Appellate Law and Practice Blog, http://appellate.typepad.com/, and the Volokh Conspiracy, http://volokh.com/.

May 15, 2008

Wrapping it up

Within the next week, I will officially be in my third year of law school. I can hardly believe it.

Transitions are always a bit hard for me - the last week of co-op I sort of lose my focus, start looking to where I am headed next, and generally feel a little "in between." With about a week left here in Puerto Rico and at the Federal Defenders, I am wrapping up some minor projects, saying good-bye to friends, and wondering when I will be back next. I head back to Boston next week and have a little time off before starting my summer co-op on the 2nd of June. Even though being out of school for six months sounds a little crazy to me, in reality it doesn't feel weird at all, since my co-ops are guaranteed to be different from each other, and I have already learned so much at the Defenders. This summer I will be at a mid-sized firm (25 attorneys) that does both civil and criminal litigation. I haven't worked at a firm before, so I'm excited to see what the "culture" is like, how they divvy up work, the case load of the attorneys, etc.

In addition to my upcoming co-op, I'm excited to be back in Boston. Co-op is good for helping you appreciate what you have back home - I'm thrilled to get back to my law school friends, a city I know and love, and an apartment filled with my stuff! The hard part is leaving behind cases that are still in the works, co-workers I'm used to seeing every day, new friends who I don't know when I will see again, and an island I've come to love. What's neat though, is that the closest friend I made on my first co-op in California, is here visiting me in Puerto Rico now. Proof that even brief friendships, made cross-country, can last. Pretty neat.

June 4, 2008

Once again

Once again I'm starting a new co-op. It's amazing, no matter how many times I start a new job or experience, I never cease to get nervous beforehand. I guess it's human nature or...at least my nature!

I am in my first week of my third co-op, working as a Summer Associate at a mid-sized firm here in Boston. And once again I find myself learning about things I never thought I would come across - in this case, white collar criminal defense. The firm focuses on litigation, which is a big part of why I chose to go there, and I'm excited to expand my litigation experience to both state and federal court, as well as civil and criminal matters. We'll see how it goes!

June 17, 2008

Here, there, and everywhere...

Summer is underway here in Boston, although you would never know it based on the weather. It’s unseasonably cool, but maybe I'm overly sensitive because I'm still missing Puerto Rico. Regardless of the climate, one thing I can't complain about, however, is the view from my office in the Federal Reserve Bank Building. It's pretty awesome working downtown, seeing a new part of the city, and being among the bustling business people. Although I took the opportunity to get out of Boston for my first two co-ops (first to California, and next to PR), it's great to be in the city for a change. First of all, it’s given me a chance to explore as a non-student, to get beyond the Northeastern campus that I sometimes get trapped in. Also it’s great because, since I switched rotations, I get to see my friends even though they are in school while I work. Additionally, it has been nice to make professional connections in a place where so many people are NUSL alums, know the professors, and don't need the 10 minute explanation I have gotten used to giving on our co-op and grading system!

I have just started the application process to state and federal clerkships for real, and it’s amazing to think where I might end up. So far I have applied to positions in Massachusetts, Rhode Island, California, Florida, Oregon, Washington....and more! It’s hard not knowing for sure where I will be a year from now, but traveling for co-op has made me realize that I am more flexible than I would have thought.

P.S. - I just read this amazing article in the Washington Post that, to me, is a powerful reminder of the disparities in sentencing, the abject failure of the "war on drugs" and the reality that prison solves almost none of our society's problems. If you get a chance,
please read it.

July 2, 2008

ADL etc.

One of the projects I'm working on this summer is an annual pro bono event organized by the Anti Defamation League(ADL). Every summer the ADL organizes summer associates in law firms around the country to research and report back on current civil rights issues. Our memo, for instance, is a survey of hate crimes legislation in Massachusetts, Rhode Island, and New Hampshire. We have been working on the project independently for a number of weeks, and soon we will get together with students at other law firms and all present our findings. Here is the press release from 2007 (I couldn't find one for 2008). So far it’s been a good chance to see how pro bono efforts are handled at the firm, an occasion to brush up on my legislative research skills, and a long overdue education on hate crimes laws in the New England area.

In other news, here are some of the interesting, law-related items I've read this week:

Another interesting article from the Washington Post, written by a law professor at Georgetown.

A bizarre story from the New York Times on a man who pretended to be a federal agent...for months.

A more local legal dispute/(over Legal Sea Food advertisements on the MBTA).

Have a great week!

July 29, 2008

3L

Well, I'm inching closer and closer to being a 3L (a third-year law student)! With only 3 weeks left at the firm (which I will miss a lot more than I expected), I just signed up for my fall classes. Assuming I get the schedule I want, I will be taking Corporations, Trusts & Estates and the Domestic Violence Clinic. Also, I will not have class on Thursday or Friday - wohoo! Here's why I chose to take these classes:

First of all, with two quarters left to my academic career in law school, I have 27 credits left to fulfill. The above schedule comes to 13 credits, so I will have 14 left to complete in the spring - pretty do-able. Next, Corporations is not only on the Bar exam, but has also been recommended to me by a variety of people - regardless of what sort of law you practice, corporations are an integral part of how our society is structured, so its important to learn how they run. Or so I hear.

Next, Trusts & Estates. It's another Bar subject. Also, it just seems to me like one of those things lawyers should know. There are certain subjects lawyers get asked for advice on fairly regularly, and I hear that trusts, wills and estates are among the most common.

Finally, the Clinic. Prior to my last co-op, I didn't really "get" the clinics thing. My feeling was "classes are for classes, co-op is for experiential learning"....and never the two shall meet. However, after my trial experience at the Federal Defender, I realized how desperately I needed more experiences that would challenge and reaffirm my love for helping clients, the thrill of being in court and my own faith in my abilities. I'm hoping the Clinic will give me more experiences like that.