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Sarah, 2L
Outside Law School
Finding A Mentor
The best and most fortuitous thing that has happened to me in my journey to becoming a lawyer has been finding a mentor. Finding a mentor who can help lead you through the maze of going from pre-law to 1L, and from law student to lawyer and beyond, is more of an art than a science, but the pay-off is huge.
For me, I was lucky enough to have this happen early on in my 1L year, without much planning. At a dinner for a school related event in the fall, I schmoozed and chatted with a number of Northeastern alums and others involved in supporting the school’s public interest programs. Although we weren’t seated at the same table, my favorite person to talk with turned out to be a lawyer named Neil Leifer. Neil, a NUSL alum from the 1980's, was relaxed and welcoming, and spoke enthusiastically with me about his work as a lawyer doing toxic torts litigation and public health work.
A few days later, I emailed Neil, telling him that I had enjoyed meeting him. Neil was kind enough to write back and invite me to visit his office. As I had yet to step foot in a law firm, I took him up on the offer. Since then, Neil has played an invaluable role in my law school career, giving me his thoughts on everything from class to co-op selection, looking over writing samples, encouraging me when the sometimes harsh world of the law has got me down, and generally being a role model for me, as one of the rare and elusive brand of lawyers who actually seem...happy.
A lot of my friends tease me about having a mentor and express confusion at how I struck up this relationship and why. I tell them, talk to people that you meet, ask them questions about what they do, see if you can come by and visit where they work. Most people will welcome this sort of genuine interest in the work and ideas to which they have devoted their lives. There is only so much you can learn in school, and there is so much to be gained from talking to people who are out in the field, have decades of amazing work under their belts, and are willing to be honest with you about the trials, tribulations, and rewards of practicing the law. I can’t guarantee success (Neil’s one of a kind), but I think it’s worth a shot.
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!
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
Back to school...and looking towards the future.
Hey everyone, I hope the New Year is treating you well! So far, so good for me - I'm tan and relaxed, thanks to my first vacation since the start of law school where I haven’t brought along one law book, one case to read, or my computer. Yep, a real, unadulterated, vacation….and it was great.
But now I’m back, heading into the last months of my winter quarter and exams are starting to look like a reality. Yikes. Anyways, today I thought I would briefly write about clerkships. Clerkships are an opportunity you hear a lot about as a law student…and not a lot about as a non-law student. Basically, a clerkship is a one (sometimes two)-year position with a judge. Most judges have clerks, whether they are state or federal, trial or appellate, magistrate or Article III judges. Each judge has a preference for clerks – some prefer experience after law school, or in a specific subject area, while others take clerks right after graduation on the basis of their academic experience. No matter what judge you are applying to, however, there is stiff competition for the position. Most judges look for students at the top of their class, with Law Review experience, and outstanding letters of recommendation. Obviously the height of clerkship heaven is clerking with the United States Supreme Court. Beyond that, the competition is stiffest for positions with Circuit Courts (especially with certain circuits, such as the District of Columbia, notorious for being a “feeder court? for the Supreme Court clerk positions). Generally, positions with federal judges are more competitive than state court judges; however, even this can vary by geographical area and specific judge.
Why are these positions so coveted? First, clerkships are prestigious. People will try to tell you that the prestige did not play into their decision to clerk, however, I would be doubtful of such claims. Clerking with a judge, almost any judge, can help you land a position with a firm, or, really, with almost any job. Additionally, clerkships can show a dedication to a certain geographical area. Say, for instance, you went to law school in Boston but want to settle in Florida – a clerkship with a judge in Florida can help demonstrate to future employers your commitment to the area. Beyond the prestige, clerkships provide invaluable experience to get a sense of what it's like on the other side of the bench. The chance to see how judges make decisions is incredibly helpful to any future attorney. Additionally, the hands-on reading and writing experience is highly valued.
So, why am I writing all this, you ask? Well, it’s because even though I don’t graduate until May of 2009 (you better believe I’m counting the days), there are already some judges accepting applications for 2009-2010 clerks! And even one I found who is hiring for 2010-2011! While I don’t feel quite ready to start applying (I haven’t got letters of recommendation in order, and don’t have the time to do all the application assembly at the moment…just passing my classes is the immediate priority!), I’m already doing research on judges, checking out different courts, and thinking about where to apply. State judges, federal judges, appellate judges, oh my… A clerkship is a long shot, but I think it’s worth the effort.
A day in the life
Ira and I were talking a few weeks ago about how one of the most common questions we get from prospective students is "How many hours a day do you work?"...and how hard it is to answer that question. It's hard to answer because I don’t think most of us think about it that way (it would probably be too overwhelming!) and also because it just varies so much. But it occurred to me today that I can still give you a sense of things. Below are two days, one during a regular week, and one during this week (the week before finals!). They are ripped pretty much verbatim from my planner so...enjoy!
Monday, December 10 (Non-Finals Time)
Wake up at 7, grab breakfast on the way to school (thanks Dunkin Donuts!)
8-12: Work in the CISP office, selling NUSL merch to people, inventorying used text books, and studying in between tasks. This is a work study job, so I get paid about $10 an hour.
12 – 1:30: Employment Law with Prof. Klare
2 – 3:40: Law and Economic Development with Prof. Danielson
I’m out of school by 4! Usually I’ll go home to drop off my books and take a walk. Back at home by 6, have dinner, watch some TV, and get in a few hours of studying. In bed by 11.
Tuesday, February 12 (Finals Time)
Wake up at 7, grab breakfast on the way to school
8-10: Table for CISP, get people to vote on which of their peers should receive co-op funding for public interest co-ops
10-12: An Employment Law study group with friends, going over a past exam
12-1: A meeting on loan forgiveness, and the new federal loan programs
1:45-3:15: Federal Courts class with Prof. Burnham
3:30-5: Work on finals outlines, discuss exam anxiety with friends.
5-6: Federal Courts study session with friends. Only get through about 1 page of notes (out of 50!). Wow.
6-8: Work in the CISP office.
8 onwards: Walk home, have dinner, talk on the phone to my boyfriend, catch up on emails, do reading for class tomorrow.
In bed by 11 or 12.
Hope this gave you some sense of being a law student! My advice would be to know your own tendencies before starting law school. If you’re someone who tends to over commit to activities (ahem), acknowledge that now so that you will avoid it in law school (especially 1L year!). If you are someone who studies well with others, make that happen, but if you aren’t, don’t try to participate in study groups just because you feel like you should. And don’t be afraid to change your strategy. One week my computer was broken, and I realized that without that hunk of plastic in front of me, I made a lot more eye contact with the professor and looked at the case a lot more closely (instead of the formatting on my computer). Once I realized that, I tried to incorporate those things into my class habits, even once my trusty computer was back. Bottom line: no one can tell you exactly what its going to be like to be in law school….and that’s why it’s important to know your priorities ahead of time. Want to spend a lot of time with your family? It’s probably best you try to avoid living far away, with a commute. Want to stay in shape? Schedule those work outs in. Most of all, go easy on yourself. All of us thought we would be the exception to the rule, the law student who can do it all. None of us can. The sooner you accept that, the happier you will be.
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,
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.
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.”
A break from the law
My dad said today that he thinks reading of novels is an indicator of well-being. I would be inclined to agree.
Now that I'm not in school, I have returned to the world of novels and non-casebook reading generally. So far I've reread David Mitchell's "Cloud Atlas," one of my all time favorite novels. It was just as great the third time around! After that I dove into "The Brief Wonderous Life of Oscar Wao," which I came to after hearing numerous interveiws with the author. In interveiws, Junot Diaz is charming, entertaining, thrillingly dorky, and incredibly astute. The book almost lived up to the author, and TBWLOW (wow) left me wanting to learn more about the Dominican Republic, and the Carribean in general. Now I have moved onto a colder climate, farther away from Puerto Rico but even closer to my heart - Alaska. Michael Chabon's book "The Yiddish Policemen's Union" has gotten a lot of good press, and so far it's living up to it. In addition to all this fiction, I have been slowly sifting through Mary Oliver's new book of poetry. She has been a favorite of mine for years and this newest collection is incredibly powerful.
Other than that, my freedom from law school time has been spent (when not at my co-op obviously) playing Guitar Hero 3, lying on the beach, and devouring all the good food Puerto Rico has to offer. It has been raining here for a few days though so, don't worry, it's not 100 percent perfect...
ps - I also wanted to give a shout out to the Givelber Adjucts program and the Daynard Fellows programs (named after two of my favorite professors!). They are two ways that the school (with student input) brings in awesome practitioners to talk to NUSL students about public interest work and I look forward to telling you more about this year's selections!
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!
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/.
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.
Chocolate fountains? Yes, chocolate fountains.
There are so many skills useful to the practice of law that you don't learn in law school -and socializing is one of them. Lawyers are not known for being a social and fun-loving bunch, and many of my friends bemoan the semi-required networking events you start to encounter in law school. However, I often enjoy them, and have found that there are lots of ways to meet people in your field of practice and make valuable connections, regardless of your interests.
This summer, I have had the pleasure of attending a variety of events - some, sponsored by the Boston Bar Association (BBA), are panel discussions composed of lawyers from different firms and organizations, speaking on issues such as representing clients on death row, and the role of politics in the practice of law. Others are events like the Lawyers Have a Heart run (check out our team photo below! I ducked out before my appearance in a headband could be memorialized in print), or the Corporate Challenge, where firms round up groups of eager summers and associates to raise money for charity events. Finally, there are the more classic, and decedent, social events. Last night, for instance, a group of us went to the Justice Is Sweet event. Hosted by the BBA, this annual event is a fundraiser in the form of a dessert and wine buffet. There were, yes, chocolate fountains in which to dip strawberries and marshmallows. Pretty ridiculous! And delicious.
Even though these events sound silly, or indulgent, they actually are a great opportunity to meet other people in your field, to raise money for good causes. It’s a chance to spend time with your co-workers in a lower stress situation, and to see the people that you may spend the next few decades encountering in court! Obviously you don’t have to be best friends with everyone who just happens to be a lawyer, but having cordial relationships with those who will be your work community is a great bonus and makes an often stressful career that much more enjoyable.

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