T H E GEORGE WA SHI NGTON U N I V ER SIT Y L AW SCHOOL
JACOB BURNS COMMUNITY LEGAL CLINICS
Perspectives SPOTLIGHT
PROGRAM EST. 1970
FALL 2017 ISSUE
Chris Carr, JD ’17: Always Representing
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ot long ago, Chris Carr, JD ’17, was representing football teams and defending receivers on the field. Now, he will be representing immigrant clients and defending them in court. Mr. Carr, formerly an NFL cornerback and kick-return specialist, spent two of his six semesters at GW Law as a student-attorney representing people in immigration proceedings through the law school’s Immigration Clinic. He will continue to do so after his May 2017 graduation, joining the immigration law practice of GW clinic alumni Shira Zeman, JD ’12, and Rachael Petterson, JD ’10, in Falls Church, Virginia. Although he’s been practicing immigration law during two years of law school, Mr. Carr had been practicing football for more than 20 years before attending law school. He was a high school star in football and basketball in his hometown of Reno, Nevada, then a football standout at Boise State, helping to build its football program into a perennial powerhouse before he graduated in 2005. When he graduated, he was the NCAA’s career leader in average yards per punt return (19.8), while receiving awards for academic achievement as well. His teammates and coaches remember him for his tenacious work ethic, attributing his gridiron success not just to his physical skills but to his hard work and mental discipline. While at Boise State, Mr. Carr took courses in civil liberties and constitutional Chris Carr, JD ’17 law, finding them so stimulating that they sealed his decision to become a lawyer. Although he had had a stellar college football career, he stood 5’10’’ and weighed 180 pounds, undersized for the NFL. He took the Law School Admission Test, did extremely well, and would have entered law school right away had it not been for the interest expressed in him by the Atlanta Falcons and Oakland Raiders. Although neither team had drafted him, each wanted to sign him as an undrafted free agent. continued on page 19
SPOTLIGHT 1, 19 VIEWPOINT 1, 10 PERSPECTIVES 2 SELECTED PRESENTATIONS AND PUBLICATIONS 3–4 CLINIC ALUMNI SPOTLIGHT 5, 8 KUDOS 6–7 NEWS 8 INSIGHT: CLINIC PROFILES 9–18, 20
VIEWPOINT
Notes from the Clinical Dean by Phyllis Goldfarb
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recent photo, gone viral on social media, depicts a man mowing the lawn as a tornado approaches. Once you’ve seen the jarring yet amusing image, it’s hard to shake it from your mind. I’ve been carrying that image with me as I consider the recent year’s accomplishments at the Jacob Burns Community Legal Clinics. Our country is in a polarized and fractious state. Hate incidents have increased, civility has decreased, communities are under threat, and the vulnerability of many sectors of society—in America and across the globe—has deepened. Yet, as this newsletter reveals, GW clinic students have engaged in a wide array of important legal work this year, at the same time continued on page 10
PERSPECTIVES
Perspectives Reflections on Our Clemency Cases by Katy Ramsey, Friedman Fellow
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or nearly two years, the Prisoner and Reentry Clinic (formerly the Neighborhood Law and Policy Clinic) was a participant in the Obama Justice Department’s federal clemency initiative. Announced in 2014 and aimed at commuting prison sentences for nonviolent, low-level drug offenders who, mostly during the 1990s and 2000s, had been sentenced to disproportionately harsh terms of imprisonment, the clemency initiative gave the clinic an opportunity to represent clients who were Katy Ramsey, Friedman Fellow serving long prison sentences for these low-level drug crimes. When a group of legal organizations, including the ABA, the ACLU, and the National Association of Criminal Defense Lawyers, among others, put out a call for volunteer lawyers to screen cases, gather documents, and submit petitions on behalf of eligible inmates, Professor Jessica Steinberg, Director of the Prisoner and Reentry Clinic, responded. The clinic’s clemency work showcased one of the greatest strengths of various law school clinics: the ability to respond to an immediate need. The clemency initiative was necessarily limited by the time remaining in President Obama’s term. Law school clinics were perfectly positioned to quickly master the substantive law and to marshal the resources and students needed to gather documents and assemble petitions on behalf of eligible clients. Our clinic submitted four petitions on behalf of inmates we believed were eligible for clemency.
In the final weeks of the Obama administration, two of our clients’ petitions were denied. But two of our clients had the uplifting experience of receiving sentence commutations from President Obama during his last year-and-a-half in office. One was a 70-year-old man, a former small business owner, serving a mandatory life sentence for a drug distribution crime that today would receive a sentence of 10 years. He was released from prison after 20 years of incarceration. After 22 years of incarceration, our other clemency client was released to his family and featured in a front-page story in the August 15, 2015 issue of the New York Times. Our students loved the clemency work. They were galvanized by the call to action, and they were motivated by the relationships they formed with the clients and the injustices that the clients had suffered. Three of the four clients whose petitions we completed were serving life sentences for nonviolent drug crimes. As clinical supervisors, Professor Steinberg and I saw these cases as a vehicle not only for skills building but also for educating students about the criminal justice system, the War on Drugs, and the racial implications of both. Among the things the students learned was that the day-to-day work of lawyers is not always glamorous. We encountered obstacles in obtaining necessary documents and experienced frustrating bureaucratic delays while attempting to communicate with our incarcerated clients. Ultimately, however, the students developed firsthand the range of skills that lawyers bring to bear on behalf of their clients. Although the Justice Department did not require that petitions be submitted by lawyers, the legal analysis that was required to determine clemency eligibility under the initiative was complicated and challenging, even for experienced attorneys. By working through the eligibility guidelines and the complex federal sentencing structure, students saw the value of their legal education and experienced a sense of professional purpose in using their knowledge on behalf of their clients.
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I often tell my students that clinics teach them both the possibilities and the limits of being a lawyer, and the clemency work showcased this observation vividly. Although more than 36,000 prisoners applied to be screened for clemency, only 1,715 received it under President Obama’s initiative. The clemency process is opaque, decisions are issued without any explanation, and there is no opportunity for appeal. While every lawyer experiences defeat, the students who worked on the two unsuccessful petitions experienced the added disappointment and frustration of not knowing why and having no opportunity to challenge the adverse decision. On the other hand, for the students and supervisors who worked on the successful petitions, the sense of victory was extraordinary. Receiving a letter from the President recognizing the persuasive quality of your work is both a triumphant and a humbling experience. We experienced the joy of having helped our clients regain their freedom when they thought they might die in prison. It goes without saying that this was incredibly rewarding and inspiring for us all. When President Obama left office, the clemency initiative ended. But in the lives of many people, the ripple effects of the initiative will last for a very long time. n
Professor Jessica Steinberg and client Rudolph Norris at the White House. Mr. Norris was granted clemency by President Obama after 22 years of incarceration, thanks to the work of the Prisoner and Reentry Clinic.
SELECTED PRESENTATIONS AND PUBLICATIONS
Selected Presentations and Publications In February 2017, Professor Alberto Benítez and Chris Carr, JD ’17 (see story on p. 1), gave a presentation on immigrants’ rights in 2017, examining current legal issues for non-U.S. citizens. The presentation was sponsored by the GW International and Comparative Law Program and the Muslim Law Students Association. Student-attorneys in the Immigration Clinic participated in other know-your-rights presentations as well.
Professor Alberto Benítez, Chris Carr, JD ‘17, and Associate Dean Susan Karamanian at a know-yourrights presentation.
Professor Arturo Carrillo’s article “Having Your Cake and Eating It Too? Net Neutrality, Zero-rating, and International Law,” 19 Stanford Technology Law Review 364 (2016), was translated into Spanish and published in a 2016 book by the Center for the Study of Freedom of Expression at the University of Palermo, Buenos Aires, Argentina. His chapter “Zero-rating and the Holy Grail: Universal Standards for Net Neutrality” was published in Net Neutrality Reloaded: Zero Rating, Specialised Services, Ad Blocking and Traffic Management, a 2016 Report of the United Nations IGF Dynamic Coalition on Net Neutrality. He also published the chapter “Protección a la neutralidad de la red en Ecuador” in the book Regulación de Internet y derechos digitales en Ecuador (Universidad San Francisco de Quito, 2016). In April 2017, Professor Carrillo presented “A More Perfect Internet: Promoting Digital Civility and Combating Cyber-Violence” at the Berkman Klein Center on Internet and Society at Harvard University. In November 2016, he presented “Are There Universal Standards for Net Neutrality?” on a panel about cyber-issues
in international law for the American Society of International Law Mid-Year Research Forum at the University of Washington in Seattle.
Associate Dean Phyllis Goldfarb published a chapter in the book Feminist Judgments: Rewritten Opinions of the U.S. Supreme Court (Cambridge University Press, 2016) that re-writes landmark Supreme Court cases from a feminist perspective. Her chapter re-writes Bradwell v. Illinois, 83 U.S. (16 Wall.) 130 (1873), using legal doctrine available at the time. Dean Goldfarb also published “Matters of Strata: Race, Gender, and Class Structures in Capital Cases,” 73 Washington & Lee Law Review 1395 (2016). She will publish “Equality Writ Large,” 17 Nevada Law Journal (forthcoming, 2017) and “Arriving Where We’ve Been: Death’s Indignity and the Eighth Amendment,” an invited article in the online journal of the Iowa Law Review (forthcoming, 2017). In July 2016, Dean Goldfarb gave a plenary presentation on lessons from short stories for death penalty appeals at The Persuasion Institute, Cornell Law School. In October 2016, she gave the plenary presentation, “Experiential Education: New Opportunities and New Challenges,” at the Midwest Clinical Conference, University of Tulsa College of Law. Also in October, she presented “Equality Writ Large” at the Feminist Judgments Conference, held at the Center for Constitutional Law, University of Akron School of Law. In April 2017, she spoke about the past, present, and future of the Jacob Burns Community Legal Clinics on a panel at GW Law’s Public Interest—Public Service reunion. In May 2017, she presented on a panel titled “Experiential Deans: Opportunities, Obstacles, and Strategies” at the AALS Clinical and Experiential Law Program Directors Workshop, held in Denver, as a prelude to the annual AALS Conference on Clinical Legal Education.
Professor Jeffrey Gutman’s article “A Re-examination of State Statutory Compensation for the Wrongly Convicted” was published in 82 Missouri Law Review (2017). He also wrote an August 2016 update to the Federal Practice Manual for Legal Aid Attorneys, published by the Sargent Shriver National Center on Poverty Law.
Professor Susan Jones published two articles in 25 ABA Journal of Affordable Housing and Community Development Law (2016): “Representing Returning Citizen Entrepreneurs in the Nation’s Capital” and “Lessons from Baltimore and Washington, D.C.: Working with Community-Based Organizations to Build Capacity and Fight for Economic Justice.” At the AALS Conference on Clinical Legal Education in May 2017, Professor Jones spoke on a plenary panel about teaching and lawyering in tumultuous times. At the AALS Annual Meeting in San Francisco in January 2017, Professor Jones spoke on the value to clinicians of post-tenure leadership coaching, serving as both a moderator and a panelist at a session called “Chartering New Waters, Clinicians’ Post Tenure Reflections.” Professor Laurie Kohn spoke on this panel as well. At the August 2016 conference of the Southeastern Association of Law Schools (SEALS), Professor Jones spoke on a Law and Entrepreneurship panel, addressing pedagogical design trends and action research opportunities in law school entrepreneurship clinics.
Professor Susan Jones speaking on a panel at the AALS Conference on Clinical Legal Education.
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SELECTED PRESENTATIONS AND PUBLICATIONS
Professor Laurie Kohn published “The False Promise of Custody in Domestic Violence Protection Orders,” 65 DePaul Law Review 1001 (2016). In September 2016, she presented a work-in-progress on celebrity domestic violence at the Clinical Law Review Writers’ Workshop at New York University Law School. At the 2017 AALS Annual Meeting in San Francisco, she served as a discussant and discussion group moderator on a program titled “Law School Curricula and Practice-Readiness: Perfect Partners or Strange Bedfellows?” At the 2017 AALS Conference on Clinical Legal Education, she presented on a panel about teaching trauma-informed lawyering.
Professor Joan Meier’s article “Dangerous Liaisons: Social Science and Law in Domestic Violence Cases” has been accepted for publication in Rutgers Law Review (2017). In June 2017, her article “Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation” was published in Law & Inequality in a symposium issue honoring the work of Professor Catherine MacKinnon. In November 2016, Professor Meier presented her Law & Inequality article at a University of Minnesota Law School symposium honoring Catherine MacKinnon. Also in November at the University of Minnesota Law School, she served as a commentator on the federal visitation access program at “The Family-Inequality Debate: A Workshop on Coercion, Class, and Paternal Participation.” In February 2017, she presented “Keeping Children Safe in Custody Cases Involving Family Violence” at Virginia’s first state-wide judicial training on domestic violence. In February 2017, she also co-organized and spoke on a panel sponsored by the D.C. Women’s Bar Association on the subject of “What Lawyers Can Do: Combating International Domestic Violence by Addressing the Unintended Consequences of the Hague Convention.”
At the D.C. Judicial and Bar Conference held in April 2017, Professor Meier and Elizabeth Liu, Staff Attorney for the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), co-organized and presented on a panel on “Implicit Gender Bias in Family Court Cases Involving Domestic Violence.” In May 2017, Professor Meier presented “Some Best Practices: Taking the Long View” at the International Symposium on Contact Disputes and Allegations of Domestic Violence, held at the School of Law at Queen Mary University of London. In June 2017, she gave two presentations at the Colorado Judicial Family Court Conference, one on “Child Safety in Cases Involving Domestic Violence” and the other on “Evidence-Based Approach to CrossAllegations of Abuse and Alienation.”
Professor Jessica Steinberg published “Adversary Breakdown and Judicial Role Confusion in ‘Small Case’ Civil Justice,” 2016 B.Y.U. Law Review 899, and “Informal, Inquisitorial, and Accurate: An Empirical Look at a Problem-Solving Housing Court,” Law & Social Inquiry ( June 2016). In July 2016, Professor Steinberg presented on income inequality and access to justice for a plenary panel at the Ninth Circuit Judicial Conference in San Francisco. Also in July 2016, she spoke at the International Legal Ethics Conference at Fordham University Law School on the intersection of technology and access to justice. In February 2017, she spoke on access to justice for a symposium of the Indiana Journal of Law & Social Equality and on active judging for the inaugural conference of the Self-Represented Litigant Network in San Francisco. In March 2017, she spoke on parole and supervised release at the D.C. Public Defender Service’s Prisoner and Reentry Symposium. At the 2017 AALS Conference on Clinical Legal Education, she presented on a panel about conducting empirical work within a clinic.
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Friedman Fellows Katy Ramsey, Erin Scheick, and Etienne Toussaint presented on a panel about teaching lawyering for social justice at the 2017 AALS Conference on Clinical Legal Education in Denver. During the conference, Ms. Ramsey also presented her work-in-progress on constitutional protections for tenants evicted for criminal activity. Ms. Ramsey presented another work-in-progress on municipal housing ordinances regulating access to private market housing for tenants involved in the criminal justice system at the Clinical Writer’s Workshop at New York University Law School in September 2016, at the November 2016 meeting of the Mid-Atlantic Clinical Theory Workshop, and at the February 2017 workshop “Sharing Scholarship, Building Teachers” at Albany Law School. At the November meeting of the Mid-Atlantic Clinical Theory Workshop, Etienne Toussaint also presented a work-inprogress on social impact bonds. n
Friedman Fellows (left to right) Etienne Toussaint, Erin Scheick, and Katy Ramsey
CLINIC ALUMNI SPOTLIGHT
Clinic Alumni Spotlight Jessica Bronson, JD ’14
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essica Bronson, JD ’14, manages the Jenny Hatch Justice Project, a program of Quality Trust, a nonprofit organization in Washington, D.C. She advocates for the rights of individuals with disabilities. While a student at GW Law, Jessica Bronson, JD ’14 Ms. Bronson participated in both the Health Rights Law Clinic and the Family Justice Litigation Clinic. Following law school, she worked to expand access to affordable health insurance as a Staff Attorney with the Health Insurance Counseling Project, a legal services organization based in the Jacob Burns Community Legal Clinics. The following is an edited interview about her career, her clinical education, and her views on her law school experience. Q: Why did you go to law school and to GW Law in particular?
A: I’ve always been passionate about engaging in public interest work, specifically to help all people access the benefits and services they need to live in the community. Before law school, I was a caseworker for a social services agency, where I worked with many people who were going through difficult times and needed help, legal or otherwise. For example, I assisted individuals in obtaining government benefits because they’d lost all of their income due to serious illness. Law school was a way to increase my ability to provide zealous advocacy for people who may have minimal support. GW was a great fit because of the general quality of its curriculum and because of its robust public interest program. I also knew I wanted to practice in D.C., so attending GW gave me three years to become a part of the local legal community.
Q: How did you choose the clinics you participated in?
A: Two of my biggest areas of interest were health law and family law, and fortunately, there were clinics that met both of these interests. As a 2L, I participated in the Health Rights Law Clinic (HRLC), and I took part in the Family Justice Litigation Clinic (FJLC) in my third year. Q: What did you gain from your clinic experiences?
A: The seminars were helpful in learning the substantive law and rules, including effective research techniques and resources. They also provided a supportive environment to learn and improve skills. The seminars are relatively small in size, so that presented a great opportunity to develop relationships with my professors and classmates. The casework was all about gaining practical experience, including the development and implementation of litigation strategy, client communication, and case management. And again, it’s all done in a way in which you’re supported by your professors and fellow students. So if I had a hearing scheduled and something unexpected happened, I had others there to help guide me through. Q: What did you learn through clinics that surprised you?
A: I signed up for the Family Justice Litigation Clinic to get over my initial fear of litigation. I was surprised at how much I enjoyed the experience, and it was largely because Professor Kohn and the Friedman Fellow, Claire Donohue, were providing support and guidance. Taking part in that clinic broadened my job prospects because I sought out more litigation-focused positions that otherwise I may have avoided. Q: Did clinics influence your career choice? How?
A: The clinic experiences had a positive impact that lasted well beyond graduation. Two days before the bar exam, when I was stressed out and doing some last-minute cramming, I received a call out of the blue from a woman who was a former FJLC client. My partner and I had helped her
gain custody of her grandson. She just happened to call that day to express gratitude for what we had done to help her and to tell me how she and her grandson were doing. That helped confirm how valuable clinic work is and why I wanted to practice public interest law. Q: What skills gained in clinics do you find yourself still using?
A: When I was applying for jobs, numerous interviewers asked me if I possessed certain skills or experience that I had, in fact, gained in the clinics. In the HRLC, I learned about client communication and informal advocacy skills, or, as someone I know once put it, “navigating the health care bureaucratic morass.” Because I provide direct legal services, I am constantly working with government agencies, and I still use the advocacy skills that I gained in that clinic. Additionally, I represent individuals with disabilities in guardianship contestation hearings, so I am certainly using the litigation skills I learned in the FJLC. Q: Describe what you have been doing since law school.
A: After graduation, I actually came back to the GW clinics as a Staff Attorney for the Health Insurance Counseling Project, working to expand access to affordable health insurance for D.C. residents. In April of this year, I joined a local nonprofit organization, Quality Trust, where I advocate for the rights of individuals with disabilities. I manage its Jenny Hatch Justice Project, which is dedicated to helping people avoid unnecessary or overly broad guardianships. Q: For law students who are undecided about whether to take a clinic, what would you tell them?
A: I would strongly encourage students to participate in at least one clinic while they’re in law school. Employers, particularly public interest employers, place a strong emphasis on practical skills. Clinics are an ideal way to gain these skills. My clinics were two of the most valuable and rewarding experiences I had in law school. Those who are on the fence or who want to learn more should at least attend a Clinics’ Open House to meet the professors and ask questions. continued on page 8
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KUDOS
Kudos In March 2017, Professors Arturo Carrillo and Dawn Nunziato organized the program “Toward a More Perfect Internet: Combating Digital Incivility, Cyber-Violence, and Fake News.” During the program, Professor Carrillo moderated a panel titled “Promoting Digital Civility and Combating Cyber-Violence.” Among the panelists were Professor Laurie Kohn and three clinic students involved in the cross-clinic CyberViolence Project: Sarabeth Rangiah, JD ’17, and Noor Hamadeh, JD ’17, of the International Human Rights Clinic and Fatimah Hameed of the Family Justice Litigation Clinic. In March 2017, Professor Carrillo organized and moderated a panel, “The Right to Compute: The Mother of All Digital Rights,” for the Silicon Valley Human Rights Conference (RightsCon) in Brussels, Belgium. In October 2016, he taught in a workshop for Eastern European lawyers at the Regional Internet Freedom Summit for Eastern Europe and Eurasia, organized by the ABA Rule of Law Initiative and held in Macedonia.
Associate Dean Phyllis Goldfarb served on the Planning Committee of the D.C.-Maryland Law School Clinicians’ Summit about clinics’ responses to emerging issues facing our clients and communities. The summit was held on February 24, 2017 at the University of the District of Columbia David A. Clarke School of Law and was attended by Dean Goldfarb; Professors Jeffrey Gutman, Suzanne Jackson, and Laurie Kohn; Friedman Fellows Katy Ramsey, Erin Scheick, and Etienne Toussaint; and Legal Research and Writing Professor Iselin Gambert, JD ’07. Professor Jackson served as a small-group facilitator for the health law working group at the summit. In December 2016, Dean Goldfarb participated in a weekend retreat for Associate Deans of Experiential Education. Throughout 2016-17, she continued to serve as an Editor-inChief of the Clinical Law Review, as a
co-organizer of the fall 2016 and spring 2017 symposium issues of the Clinical Law Review, and as a co-organizer of the Clinical Law Review’s Clinical Writers’ Workshop held at New York University Law School in September 2016. Throughout 2016-17, she also served as a member of the AALS Committee on Clinical Legal Education, which advises the AALS Executive Committee on clinical education issues. She was recently appointed by Dean Kellye Testy, President of the AALS, to serve on the Planning Committee of the next AALS Conference on Clinical Legal Education to be held in Chicago in spring 2018. In December 2016, Dean Goldfarb was quoted at length in U.S. News & World Report about legal issues involved in execution by lethal injection. In March 2017, she was quoted in U.S. News & World Report about the elusive search in the modern era for humane methods of execution. In April 2017, she was quoted again in U.S. News & World Report on the difficulty of administering under law a fair and non-arbitrary death penalty system. She appeared in a television interview conducted by the Canadian Broadcasting Company about the legal issues raised by the multiple Arkansas executions scheduled in April 2017. She also addressed the role of the U.S. Supreme Court in the Arkansas executions in a television interview with an NBC affiliate in Little Rock, Arkansas.
Professor Anne Olesen
In 2016-17, Dean Goldfarb served as a faculty advisor to the Cardozo Inn of Court. Professor Anne Olesen served as an advisor to the Jackson Inn of Court.
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Professor Jeffrey Gutman
The Innocence Project has named Professor Jeffrey Gutman a Contributing Partner. Professor Gutman has worked with the Innocence Project in advocating for better compensation laws for wrongful convictions in Indiana and Massachusetts. The District of Columbia Court of Appeals has appointed Professor Gutman to be a mediator in its new mediation program, which will attempt to resolve cases before they are briefed and argued in the Court of Appeals. His first mediation with the court was in April 2017. Professor Gutman has been a mediator in the D.C. Superior Court Civil Division since 2012. In fall 2016, the Multi-Door Dispute Resolution Division of the D.C. Superior Court appointed him a peer reviewer, which entails providing performance feedback to mediators in the program. In April 2017, Professor Gutman spoke to WAMU radio about D.C.’s compensation system for people who have been wrongly convicted.
Professor Laurie Kohn was awarded a Fulbright Visiting Scholar Designation in 2016. In May 2017, she was a faculty member for GW’s week-long Course Design Institute, in which Friedman Fellow Erin Scheick participated. Professor Kohn also served as the moderator on an Access to Justice Roundtable at the August 2016 Conference of the Southeastern Association of Law Schools (SEALS).
KUDOS
Professor Joan Meier and her nonprofit, the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), proposed to the U.S. Congress a concurrent resolution on child safety in family courts. They are rapidly gathering co-sponsors on both sides of the aisle. In September 2016, Professor Meier presented “Top Ten Themes from Custody and Abuse Cases,” a Congressional briefing on protecting child safety in family courts. With Sasha Drobnick, Staff Attorney for DV LEAP, she conducted the March 2017 webinar “Litigating Child Sexual Abuse in Custody Cases: Helping Parents Keep Their Children Safe” for the ABA Commission on Domestic and Sexual Violence.
Professor Joan Meier
Professor Meier was quoted in the cover story of a May 2017 Washington Post Magazine about the absence of scientific evidence in support of the concept of parental alienation syndrome. In March 2017, she was quoted in ProPublica about the nondisclosure to parents in New York custody cases of expert evaluators’ reports. In January 2017 and in May 2016, she was quoted in the Huffington Post about domestic violence arrests as a prelude to a mass shooting and about a state legislative proposal to allow judges to consider at criminal sentencing the impact of having previously experienced domestic violence. Professor Meier’s research revealing the extent to which children are endangered when family courts ignore evidence of sexual or
physical abuse was cited in an article in Salon in December 2016. In November 2016, she was quoted in the Christian Science Monitor about difficulties women confront in leaving abusive relationships. In June 2016, she was quoted on Bloomberg Radio and in the Washington Post about a Supreme Court decision upholding gun laws that bar domestic abusers from obtaining guns. Her commentary on the case was published in the GW Law Review’s On the Docket. Professor Susan Jones served as a judge for the 2016 Pitch George Competition and the New Venture Competition, both sponsored by the GW Office of Innovation and Entrepreneurship.
In fall 2016, GW Law promoted Professor Jessica Steinberg to Associate Professor of Clinical Law with tenure. She received tenure after the faculty reviewed her achievements in teaching, scholarship, and service. In spring 2017, Professor Steinberg was named a Bellow Scholar by the AALS Section on Clinical Legal Education in recognition and support of her empirical research on judicial engagement with self-represented litigants in civil cases. At the August 2016 SEALS Conference, Professor Steinberg participated in both an Access to Justice Roundtable and a Legal Ethics Roundtable.
In fall 2017, Friedman Fellow Etienne Toussaint will begin a tenure-track position at the University of the District of Columbia David A. Clarke School of Law. He will teach contracts, direct an externship program, and participate in the Community Economic Development Clinic.
In 2017-18, Friedman Fellows Katy Ramsey and Erin Scheick will serve as visiting faculty in the Jacob Burns Community Legal Clinics, respectively
co-directing the Prisoner and Reentry Clinic and the Family Justice Litigation Clinic while Professors Jessica Steinberg and Laurie Kohn are on sabbatical in 2017-18.
In May, Will Pauley, JD ’17, administrative staff member at the Jacob Burns Community Legal Clinics, received a JD from GW Law. In his last year of law school, he enrolled in the Vaccine Injury Clinic and received the first scholarship awarded by the Vaccine Injury Petitioners’ Bar Association for his commitment to the mission of the bar association and to the work of the Vaccine Injury Clinic.
In February 2017, Paulina Vera, JD ’15, Staff Attorney in the Immigration Clinic, spoke to CNN about the Trump administration’s travel ban and the Ninth Circuit’s refusal to reinstate it.
In March 2017, Karoline Nunez, JD ’17, made a video about her clinic classmates’ perspectives on the Immigration Clinic’s work. The video was shown as part of a montage at the 2017 AALS Conference on Clinical Legal Education in Denver.
Ogochukwu Agwai, JD ’17, published an article titled “Due Process Implications of Expedited Removal Proceedings: Are Aliens Afforded Procedural Due Process Protection During Their Credible Fear Interview Process Under Section 235(b)(1) of the Immigration and Nationality Act?” on ILW.com, an online newspaper focused on immigration issues. Immigration Clinic students Sarah DeLong, JD ’17, and Maley Sullivan, JD ’17, published an op-ed in the Jamestown, New York Post-Journal, about how their respective backgrounds contributed to their views on immigration. n
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NEWS • CLINIC ALUMNI SPOTLIGHT
NEWS Clinic Welcomes Seasoned PractitionerEducators
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uring the past academic year, Parag Khandhar and Dorcas Gilmore served as adjunct professors for the Small Business and Community Economic Development (SBCED) Clinic, teaching the clinic with Friedman Fellow Etienne Toussaint while Professor Susan Jones was on sabbatical. Although Professors Khandhar and Gilmore are new to the Jacob Burns Community Legal Clinics, they have experience as clinical educators and are established and active members of the regional community economic development (CED) community. Professor Khandhar worked for a number of nonprofit organizations before attending law school at American University Washington College of Law. After serving as a student-attorney in the Community and Economic Law Clinic, Professor Khandhar became a lawyer for D.C.’s Asian American community, then a Clinical Fellow with Professor Jaime Lee in the Community Development Clinic at the University of Baltimore Law School. As a Clinical Fellow, Professor Khandhar engaged with law students as a clinical teacher while assisting local community groups and entrepreneurs. In 2015, he and Professor Gilmore started Gilmore Khandhar LLC, which they call a “solidarity economies law firm,” providing affordable business counseling services to small businesses, cooperatives,
Adjunct Professors Dorcas Gilmore (l), Parag Khandhar (center), and Friedman Fellow Etienne Toussaint (r) lead a clinic class.
community groups, and nonprofits in Maryland and the District of Columbia. Professor Gilmore also has deep roots in clinical education and the CED lawyering community. As a student in the Community Justice Clinic at University of Maryland Carey School of Law, she discovered that she could combine her passions for civil rights work and social equity through community development lawyering. She went on to become a Skadden Fellow and Staff Attorney for the Community Law Center in Baltimore, served as an Assistant General Counsel for the national office of the NAACP, and taught in the Community Economic Development Clinic at American University Washington College of Law, while also starting Gilmore Khandhar LLC. Both professors focus their work on enabling inclusive and equitable communities. Professor Gilmore sees CED work as supporting “local and regional policies that promote healthy communities.” Professor Khandhar agrees and views his role as a CED lawyer as helping “put communities in the position to best represent and advocate for their own interests.”
As clinical professors, both note that they enjoy teaching in a practice-based environment and using clinical pedagogy to guide and mentor students at the threshold of their careers. Professor Gilmore states that she values the opportunity “to structure learning, mentor students, and learn from my students” and “to build long-term relationships” with them. Professor Khandhar observes that clinical education’s position “at the intersection of practice, theory, and skills training is very appealing” and that he prizes helping students “think through complex ethical questions and learn more about reflective practice.” When Friedman Fellow Etienne Toussaint finishes his fellowship in the SBCED Clinic and begins a tenure-track teaching position at the University of the District of Columbia David A. Clarke School of Law in 2017-18, Professors Khandhar and Gilmore will return to the clinic to assist Professor Jones. This is good news for the students in the 2017-18 SBCED Clinic who once again will have the opportunity to benefit from Professors Khandhar and Gilmore’s exceptional skills and thoughtful perspectives. n
Q: What kind of career trajectory are you hoping to experience?
Q: As our students explore the job market, do you have any advice you would give to them?
A: I love the disability rights work I’m doing right now and don’t see myself going anywhere else anytime soon. I would be happy to continue moving up in the nonprofit sector.
A: GW places a strong emphasis on networking, and it’s absolutely imperative to practice it. Identify where, geographically, you want to work and in what area you’d like to practice, and network with
people who already work in that area. Volunteer; attend trainings, happy hours, and brown bag lunches; introduce yourself; and just generally demonstrate to employers that you are enthusiastic about the work that they’re doing. Practical skills, combined with passion, go a long way toward landing a fulfilling job. n
Bronson from page 5
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INSIGHT: CLINIC PROFILES
Insight: Clinic Profiles Criminal Appeals and Post-Conviction Services Clinic
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tudents in the Criminal Appeals and Post-Conviction Services (CAPS) Clinic, taught and supervised by Professor Anne Olesen and Adjunct Professor Wyatt Feeler, LLM ’13, represent clients in criminal appeals before the Maryland Court of Special Appeals. In 2016-17, the CAPS Clinic’s cases raised a number of novel legal issues. For example, Irene Loizou, JD ’17, and Mehrgol Kahn, JD ’17, litigated an evidentiary question of first impression in Maryland: whether text messages can be authenticated as authored by the defendant, based solely on the fact that the defendant possessed the phone containing the messages at the time he was arrested. Although the Maryland courts have not addressed this issue, other courts around the country have found that additional evidence of authorship is required. In this case, no other direct or circumstantial evidence demonstrated that the defendant had written the text messages in question. In other cases, CAPS students litigated the previously unaddressed questions of whether a jury must unanimously agree on the particular aggravating element needed to establish first degree rape ( Jack Peterson-Daily, JD ’17, and Roya Montazedi, JD ’17), whether a jury can make a bite-mark comparison without the testimony of a forensic bitemark expert (Brian O’Shea, JD ’17, and Lincoln Wesley, JD ’17), and whether a trial court must make an explicit finding of voluntariness before finding that a defendant has waived his right to counsel ( Jordan Hess, JD ’17, and Leonardo Martinez, JD ’17). CAPS Clinic students also argued several questions of constitutional significance. In a sexual abuse case, Mr. Wesley and Ms. Loizou argued that their client’s right to a fair and impartial jury was threatened when the trial judge failed to adequately inquire into the possibility
of juror bias. After trial ended, the court learned that a juror had approached the victim sympathetically after the trial and told her that she too had been a victim of sexual abuse. Although the juror had failed to disclose this fact during voir dire, the trial court refused to question the juror about the reasons for the nondisclosure. In other constitutional cases, students argued that the trial court erred by refusing to suppress evidence found after the defendant was stopped without reasonable suspicion (Mr. Kahn and Mr. O’Shea), and the trial court wrongfully failed to instruct the jury that the state must prove the voluntariness of the defendant’s confession beyond a reasonable doubt (Mr. Martinez and Neela Pack, JD ’17). Ashley Carter, JD ’17, and Mr. Peterson-Daily won a juvenile case in which the court agreed with their argument that the trial judge had erred in ordering their client to pay restitution based on his conviction as an accessory-after-the-fact to arson. Since none of the client’s post-incident actions caused any damage to the victim’s home, the court agreed that the restitution order was improper. Other CAPS Clinic cases raised questions concerning the sufficiency of the evidence (Ms. Pack and Ms. Carter) and the trial court’s refusal to give a jury instruction on “defense of property” (Ms. Montazedi and Mr. Hess). In May 2017, the Maryland Court of Appeals granted certiorari in a 2015-16 clinic case in which a detective had testified that the defendant had invoked his right to counsel and remained silent. Subsequently, the Court of Special Appeals held that the defendant’s rights were violated but that the error was harmless, upholding the defendant’s convictions. The court also found that the trial judge did not err by giving a missing witness instruction that permitted the jury to make an unfavorable inference
against the defendant based on the fact that his mother did not testify about his alibi. A dissenting judge found that the trial court should not have given the missing witness instruction without further inquiry into why the mother did not testify and held that together the two errors prejudiced the defendant. The Court of Appeals granted certiorari on both the missing witness and the harmless error issues. Complicating the harmless error analysis is the fact that while the prosecutor presented evidence that the defendant’s left-handed fingerprints were found on pill bottles collected from the crime scene, the defense presented contrary evidence that the defendant’s left hand was severely injured in a workplace accident and could not have left those fingerprints. Moreover, the victim of the crime had testified that she got a good look at the man who attempted to rob her and that he was not the defendant. In July, Professors Olesen and Feeler will file briefs on these issues to the Court of Appeals, and in October, Professor Olesen will argue the case. n
Professor Anne Olesen and members of the CAPS Clinic help Irene Loizou, JD ’17, to prepare for her oral argument.
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INSIGHT: CLINIC PROFILES • VIEWPOINT
Domestic Violence Project
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tudents in the Domestic Violence Project (DVP), directed by Professor Joan Meier, work in a number of domestic violence legal organizations as they participate in classroom experiences that connect domestic violence law and policy to their lawyering and professional development. For example, during the spring semester, Jose Lugo, Class of ’18, worked at the Tahirih Justice Center, which provides legal and social services to immigrant victims of gender-based violence. Ms. Lugo
DVP students Karimah Dosunmu, Class of ’18, and Melinda Momplaisir, Class of ’18, participate in a discussion.
Notes from the Clinical Dean from page 1
that they’ve developed their skills and perspectives as attorneys. Though the turbulence is swirling around us, we’ve continued mowing our lawn, tending to the acute needs that are arising in people’s lives in our own backyard and beyond. One of the students who learned lawyering through clinical methods during an especially turbulent time for immigration law is Chris Carr, JD ’17. He brought his nearly 10 years of experience in the NFL to the Immigration Clinic, where he found that some of the skills he had developed in professional football—like stress management—were valuably applied. On the first page of this newsletter, you can read about his unique professional journey. On p. 2 of the newsletter, you can read the reflections of Katy Ramsey, Friedman Fellow in the Prisoner and Reentry
Professor Joan Meier teaching a DVP class.
engaged in client interviewing and trial preparation for family law cases involving domestic violence survivors. She found the work to be extremely rewarding and appreciated the collaborative nature of her placement. In the spring semester, Hannah Leisman and Melinda Momplaisir, both Class of ’18, worked with the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), a D.C.based nonprofit founded by Professor Meier that handles domestic violence appeals and domestic violence policy work, both locally and nationally. Supervised by Professor Meier and DV LEAP attorneys, Ms. Leisman and Ms. Momplaisir vetted trial transcripts,
Clinic, on the clemency cases that her clinic students handled over the past two years. In the aftermath of the Obama administration’s clemency initiative, she looks back on its role in her clinic’s work as she, Professor Jessica Steinberg, and their clinic students sought from President Obama an early release from extended periods of incarceration for their clemency clients. Although the powerful winds of punishment still blow, the clinic did extraordinary work to try to lessen their impact. The rest of the newsletter is replete with story after story of the learning and lawyering process of the Jacob Burns Community Legal Clinics and the profound effects it has on the lives of students and clients. Despite—and perhaps even because of—the strong winds around us, clinical faculty and students together are continuing to do
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provided legal research for briefs and trainings, and did extensive work developing a policy paper on coercive control for the D.C. domestic violence community. Other highlights of their semester included participating in meetings with the network of domestic violence legal advocates in the D.C. area. Tali Lee, JD ’17, spent the spring semester at the Asian Pacific American Legal Resource Center, an organization that provides free legal services on immigration, domestic violence, family law, housing, and other issues to lowincome Asian immigrants with limited English proficiency. She conducted intake interviews with English-speaking and Korean-speaking clients, drafted interrogatories and other discovery documents, and prepared research memoranda on various issues involving immigration and domestic violence. Ms. Lee reports that what she valued most about this experience was that she was able to integrate into her lawyering work many of the concepts and theories she learned in her DVP seminar. She believes that this integration deepened her understanding of the work that she was performing and the impact it would have. n
the work that we do and, now more than ever, recognizing its importance. This is a time to keep the lawn mower running, and our newsletter provides plenty of evidence that in 2016-17 the Jacob Burns Community Legal Clinics took this message to heart. The clinics are able to fulfill our dual mission of student education and client service only due to the generosity of our many supporters and benefactors. We are deeply grateful to you for sustaining us as we work to serve clients and to teach students the skills, habits, and values that will enable them to keep on learning and growing and serving in their professional lives. Regardless of the winds in the years to come, we hope to continue to offer formative clinical learning experiences to as many students as we can, as they provide desperately needed legal services to as many clients as possible. n
INSIGHT: CLINIC PROFILES
Family Justice Litigation Clinic
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tudents in the Family Justice Litigation Clinic (FJLC), directed by Professor Laurie Kohn and Friedman Fellow Erin Scheick, developed their lawyering skills while providing a wide range of client services during the course of the 2016-17 academic year. During the fall semester, Margaret Yukins, JD ’17, and Michael Bild, JD ’17, represented a mother seeking sole physical and legal custody of her young daughter. Following a domestic violence incident, the clinic had helped the client obtain a civil protection order in 2014, but thereafter her ex-fiancé brought suit for joint custody of their child. As the case awaited trial for more than a year, Ms. Yukins and Mr. Bild met with opposing counsel to seek a resolution. When negotiations were not successful, the students prepared for trial in D.C. Superior Court, interviewing witnesses, subpoenaing employer statements, drafting opening and closing statements, and rehearsing direct and cross examinations. The students put on a two-day trial, involving multiple witnesses and extensive party testimony. Among their many lessons from the clinic experience, Mr.
Bild and Ms. Yukins report that they developed their ability to quickly adapt to surprises in court and in negotiations. They credit their confidence in doing so to the guidance they received from their supervisor on the case, Friedman Fellow Erin Scheick. The students report that they experienced firsthand the vital role lawyers have in society when they are entrusted by clients with important matters in their lives. Overall, the students characterized their experience in the FJLC as enlightening, instructive, and memorable. During the fall semester, Catherine Betancourt, JD ’17, handled an adoption case. In addition to developing skills in trial preparation, she deepened her understanding of attorney-client relationships, learning to deliver to her client both uplifting and sobering news about her case, to listen to her client’s frustrations and feelings, and to develop empathy. Ms. Betancourt found that “an unexpected lawyering lesson of the clinic” was learning that establishing a personal rapport and connection with her client was crucial to advancing her case. By getting to know her client’s background, her priorities, and the important people in her life, Ms. Betancourt observes that she became a better advocate. Spring semester student Mariam Arbabi, Class of ’18, along with partners Barbara Ciceron, Class of ’18, Peter
Professor Laurie Kohn (r) in a supervision meeting with student-attorneys Peter Lucas-Roberts, JD ’17 (l), and Vanessa Hernandez-Martinez, JD ’17 (center).
FJL Clinic student Mariam Arbabi, Class of ’18.
Lucas-Roberts, JD ’17, and Vanessa Rodriquez-Martinez, JD ’17, worked on a complex custody and immigration case, assisting her client in seeking sole physical and legal custody of her three children and establishing the children’s eligibility for Special Immigrant Juvenile Status. The team interviewed the client and her three children, crafted a case theory, drafted the complaint, filed motions and affidavits, developed strategies to overcome challenges in the case (such as how to serve an international witness), and spent many hours preparing for trial. Ms. Arbabi found it illuminating to watch the case evolve. She and the team even found language barriers with the client to create an opportunity for growth, exploring the use of interpreters both in interviews and in court. The significant consequences for their client’s family motivated Ms. Arbabi and her partners to ensure that they were giving their best advocacy efforts both inside and outside the courtroom. In the process, Ms. Arbabi states that she learned substantive family law and immigration law, developed empathetic communication with clients, and improved her legal writing skills. The positive impact of her work in helping the client and her children achieve their goals was a “rewarding and empowering experience.” During the spring semester, Alina Launchbaugh, JD ’17, and Michelle Ramus, Class of ’18, represented a woman seeking third-party adoption of a child who had been living with her for nearly all of his eight years of life. continued on page 16
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INSIGHT: CLINIC PROFILES
Health Rights Law Clinic Professor Suzanne Jackson leads a Health Rights Law Clinic class. In the clinic, students assist residents of Washington, D.C., many of them seniors, with legal issues related to health care and health insurance, including Medicare and Medicaid. The students’ assistance can enable clients to navigate a complex health care system, receive insurance benefits, and get the health care they need.
Immigration Clinic
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n 2016-17, Immigration Clinic students wrote several appellate briefs. In a case before the U.S. Court of Appeals for the Fourth Circuit, the students submitted a brief requesting that the court conduct a humanitarian asylum analysis after remanding the petitioner’s case for findings concerning the client’s past persecution as a member of a particular social group. Immigration Clinic students also wrote several amicus briefs for the Board of Immigration Appeals. Two cases involved the categorization of certain acts as crimes of moral turpitude. In the first case, a related issue concerned whether the categorization can be retroactively applied. In the second case, the brief was
submitted in support of the respondent, a Mexican national in removal proceedings, whose eligibility for certain relief rests on the resolution of the issue. In a third case, the students submitted a brief on the need for an independent determination in visa petition proceedings where a prior visa petition had been denied on the grounds of marriage fraud. In the fall semester, Fanny Wong, JD ’17, secured naturalization for a longtime clinic client, R-A, who is originally from Sudan. Since R-A became a client of the clinic in 2008, many studentattorneys helped her obtain both lawful permanent residence and citizenship. In the spring semester, the Immigration Clinic’s Supervising Attorney Paulina Vera, JD ’15, helped obtain asylum in the Baltimore Immigration Court for a client from Guatemala, the mother of
Professor Alberto Benítez and Supervising Attorney Paulina Vera, JD ’15, in class with Sarah DeLong, JD ’17.
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Immigration Clinic student Solangel Gonzalez, Class of ’18.
four children. The client was the victim of severe domestic violence at the hands of her former partner, who attacked her with a machete and a knife. As a result, the client spent more than a month in the hospital and still has serious physical injuries. The clinic is currently working to bring the client’s 13-year-old daughter to join her in the United States. The Immigration Clinic and the GW Immigration Law Association co-hosted a naturalization ceremony for young adults, ages 14-20, from 24 different countries. The ceremony in which they took the oath of citizenship was held at GW Law. The clinic also conducted a fundraising project for the International Rescue Committee, which provides refugee families in the United States with housing, cultural orientation, health care, employment, and other services that help them rebuild their lives. n
INSIGHT: CLINIC PROFILES
International Human Rights Clinic
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uring the spring semester, students in the International Human Rights Clinic (IHRC) worked on a number of exciting initiatives. Highlights include the following: On the domestic front, Carmen HargisVillanueva, Class of ’18, and Anna Leger, Class of ’18, researched and prepared legal memos on key issues in the ongoing federal litigation against Chiquita Banana International on behalf of hundreds of victims of grave human rights abuses in Colombia. The clinic is one of the co-counsel in that case along with lead counsel Earthrights International, a prominent non-governmental organization (NGO) focused on issues of environmental and human rights. These students, together with Lena Dewald, JD ’17, also helped draft the amended complaint in that action, which is finally entering into discovery after 10 years of litigation. Another IHRC project focuses on cyber-violence, defined as abusive online conduct between private persons that takes place often, though not exclusively, in the domestic violence context. Noor Hamadeh, JD ’17, and Sarabeth Rangiah, JD ’17, not only counseled victims of cyber-violence, they also developed an educational curriculum on the topic to help raise awareness among, and provide guidance to, young people ages 18 to 24, the group most susceptible to cyberviolence. In addition to a public presentation of their work, Ms. Hamadeh and Ms. Rangiah used their curriculum to offer a “know-your-rights” talk to fellow law students. On the international front, the clinic provides support to prominent human rights NGOs, in addition to carrying out its own direct advocacy. For instance, in spring 2017, Alyssa Currier, JD ’17, and A. Joo Kim, JD ’17, were co-authors of a shadow report on death penalty practices in Pakistan with Reprieve, a London-based human rights NGO, for
IHRC students Noor Hamadeh, JD ’17 (center), and Sarabeth Rangiah, JD ’17 (r), gave a presentation at the March 2017 event “A More Perfect Internet: Addressing Digital Incivility, Cyber-Violence, and ‘Fake News.’” Jacqueline Beauchere (l), Chief Online Safety Officer, Microsoft, also presented.
the U.N. Committee Against Torture. The committee discussed the report at its April 2017 session. An example of IHRC-led advocacy is the recent report, published in conjunction with the Public Interest Law Clinic of the University of San Francisco in Ecuador, on complicity by Amazon Web Services with government censorship of online speech and expression. n
Professor Arturo Carrillo speaks with Jacqueline Beauchere and Stephen Seitz of Microsoft after the March conference presentations.
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INSIGHT: CLINIC PROFILES
Law Students in Court
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tudents participating in the Civil Division of D.C. Law Students in Court (LSIC) represent some of the District’s most vulnerable residents who are facing eviction, substandard living conditions, and other housing and consumer problems. During the fall semester, student-attorney Grace Brier, JD ’17, achieved favorable outcomes for several clients and excelled as an advocate in various settings. In an administrative action known as a tenant petition, Ms. Brier’s investigation and pleadings set the stage for a major settlement agreement for her client. In another matter, she helped a client facing self-help eviction to assert his rights and persuade the landlord to desist in evicting. Ms. Brier also represented a tenant facing eviction from subsidized housing and secured a dismissal in that case. In addition, she testified at the D.C. Council in support of right-to-counsel legislation in civil litigation matters like evictions. Joined by one of her clients, Ms. Brier spoke about her work on behalf of LSIC clients. Early in the spring semester, Adam Gentle, JD ’17, inherited a complex eviction case set for jury trial. His client faced eviction from his long-term, rent-stabilized apartment for allegedly violating his lease by late payment of rent. Mr. Gentle won a stay of the eviction action on the eve of trial pending resolution of an administrative case he had filed on behalf of his client. By mastering the facts and law supporting his arguments, Mr. Gentle
Moses Cook, Professorial Lecturer in Law at GW and Executive Director of D.C. Law Students in Court
gained leverage for a settlement agreement that allowed the client to remain in his apartment. Thereafter, Mr. Gentle represented a client sued for eviction for engaging in criminal activity. He prepared for trial but resolved the case through mediation, reaching an agreement that his client remain in the apartment. In another case, Mr. Gentle investigated nonpayment of rent, drafted and filed an answer and jury demand, negotiated a protective order agreement, represented the client in a motion hearing, and completed discovery in preparation for formal mediation. He settled another nonpayment of rent case with an agreement that the landlord make repairs and waive back rent. He also represented several other clients in brief services matters, providing much needed same-day representation to clients who otherwise would have gone unrepresented. In the yearlong Criminal Division, Quisi Yang, JD ’17, helped four clients navigate the criminal justice system, gaining a deeper understanding of her clients’ personal situations while learning nuances of criminal procedure. During the year, Ms. Yang obtained a dismissal for a client, argued at another’s sentencing hearing on a felony charge, filed motions to seal the records of six closed cases, and prepared for a May 2017 trial that was ultimately dismissed. Encouraged by her LSIC supervisors, she believes that her case preparation taught her important lessons in planning and creative strategizing. Shane Bryan, JD ’17, secured a hardwon dismissal for a client accused of “attempted threats,” punishable by up to six months in jail. Mr. Bryan thoroughly investigated the case, interviewing witnesses and Metropolitan Police Department officers, subpoenaing surveillance videos, and taking photos of relevant locations. He spent many hours preparing for trial and filed motions raising several discovery-related issues. For example, he argued that the government’s failure to timely disclose a surveillance video that captured the incident in
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GW Criminal Division students Thomas Collins, JD ’17 (l), and Nora Evans, JD ’17 (r), answer questions during a class presentation.
question was a violation of its obligations under Rule 16 of the D.C. Superior Court Rules of Criminal Procedure. Ultimately, the judge dismissed the case. Thereasa Black, JD ’17, advocated both inside and outside the courtroom for her clients in cases involving unlawful entry, possession of a controlled substance, and expungements. Stephanie Arani, JD ’17, learned to manage the unexpected when case developments suddenly required her to handle a client’s sentencing on a moment’s notice. As an aspiring public defender, she believes her LSIC experiences have prepared her well for her chosen profession. Alexandra Stephens, JD ’17, also plans to become a public defender after graduation. She believes that investigating and mooting her LSIC cases have given her a greater understanding of the inequities of the criminal justice system that will stay with her throughout her career. Suzanne Ezzat, JD ’17, also sees her participation in LSIC as strengthening her resolve to address the criminal justice system’s inequities and to become a public defender. During the year, Ms. Ezzat increased her comfort and confidence in court while advocating for adult and juvenile clients in arraignments/initial hearings, preliminary hearings, status hearings, plea negotiations, and sentencings. n
INSIGHT: CLINIC PROFILES
Prisoner and Reentry Clinic
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uring the 2016-17 academic year, the Prisoner and Reentry Clinic (formerly known as the Neighborhood Law and Policy Clinic), taught by Professor Jessica Steinberg and Friedman Fellow Katy Ramsey, provided legal services to D.C. residents serving criminal sentences. In the fall semester, Benny Herskovitz, Class of ’18, and his clinic partner, Jessica Yarnes, Class of ’18, represented their client at an evidentiary hearing for early termination of parole. They developed a theory of the case, gathered evidence and letters of support, wrote a pre-hearing statement, prepared their client for cross-examination, and conducted his direct examination at the hearing. On parole for a robbery offense that had occurred in 1979, their client had faced a lot of challenges that are typical of those who return to society after being incarcerated. For example, even though their client was working, the cyclical nature of his construction work often made it difficult for him to pay his rent on time, even though he ultimately paid in full. This led to an accumulation of late fees that in turn led to the possibility of eviction. While working on the client’s
Morgan Monroe, JD ’17, Ivette Reyes, JD ’17, and Jeff Janaro, JD ’17, listen intently during a clinic class.
early termination of parole case, Mr. Herskovitz and Ms. Yarnes connected him to emergency funds and a housing lawyer as well as a child support attorney to help the client address many simultaneous issues. Mr. Herskovitz and Ms. Yarnes were disappointed when their client was denied early termination of parole, but they were heartened by their client’s reaction. Repeatedly expressing his gratitude for all the work the students had put into his case, the client told them that they had “helped him tell his story to the hearing examiner and…gain clarity over his own life.” Mr. Herskovitz was moved by the experience and reported that he was grateful that their client gave them “a chance to earn his trust.” Working on this
Professor Jessica Steinberg (center) and Friedman Fellow Katy Ramsey (l) in class with Tasha Pulvermacher, Class of ’18, and other clinic students.
case, Mr. Herskovitz stated, reminded him why he had come to law school. In the fall semester, Caroline Hodge, Class of ’18, and Elenore Wade, Class of ’18, represented a client seeking parole after spending most of his life in prison. They focused their arguments on showing that their client would be able to successfully return home. Since he had first committed crime as a teenager, they knew that he would be viewed “first and foremost, as a criminal,” so their advocacy provided a chance to shift focus. When the students met their client, they asked him about his goals and ambitions, his family, and what he wanted out of his future, giving him the opportunity to speak about himself from an aspirational perspective. In the process of developing a release plan for their client, Ms. Hodge and Ms. Wade met with his relatives in their homes. Through this engagement, Ms. Hodge indicates that she developed a closeness to her client and built trust with his relatives, who yearned to have him home. Ms. Wade, who lived in D.C. for many years before attending law school, appreciated that the clinic represented prisoners and parolees living in the District because she felt that in trying to help a D.C. prisoner return home to his family she was working for justice in her own community. Ms. Wade reported that she gained motivation to build her client’s case by the thought that one day she might see him “walking freely outside the walls of a prison and making the life he had always wanted for himself.” n
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INSIGHT: CLINIC PROFILES
Public Justice Advocacy Clinic
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n 2016-17, Public Justice Advocacy Clinic (PJAC) students assisted the Animal Welfare Institute (AWI) with a federal lawsuit. In 2013, after years of studying the issues, AWI had filed a petition to amend the Humane Methods of Slaughter Act to require the slaughterhouse industry to establish clear
procedures for the humane handling of animals. AWI estimated that improved regulations could cut in half the incidents of inhumane handling and unnecessary suffering of animals. By 2016, the U.S. Department of Agriculture (USDA) had not yet responded to AWI’s 2013 petition, prompting the institute to reach out to Professor Joan Schaffner, who contacted Phyllis Goldfarb, Associate Dean for Clinical Affairs. Dean Goldfarb in turn reached out to Professor Gutman, who
Professor Jeffrey Gutman teaching the Public Justice Advocacy Clinic.
Family Justice Litigation Clinic from page 11
During the semester, Ms. Launchbaugh and Ms. Ramos made many trips to their client’s home and neighborhood. Ms. Launchbaugh believes that meeting their client where she was most comfortable contributed to the client’s willingness to share intimate details of her life with the adoptee child, which supported the development of the case. At the end of the semester, the students conducted a fourday trial involving multiple witnesses, including an expert and an appointed guardian ad litem. They are awaiting a decision from the court. Chase Riddle, Class of ’18, participated in the clinic’s Cyber-Violence Project (CVP), which provides direct
representation for victims of genderrelated cyber-violence and offers assistance and guidance to victims’ advocates. The FJLC partners with the International Human Rights Clinic and Break the Cycle, a nonprofit organization, to author policy research on cyberviolence and perform related advocacy at the local, national, and international levels. As part of his clinic experience, Mr. Riddle prepared training materials for judges to educate them on cyber-violence, its harmful consequences for victims, and national judicial trends in the field. Through his work in the CVP, Mr. Riddle and his partner Fatimah Hameed, Class of ’18, also litigated a civil
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had previously handled cases like the one AWI was considering when he was an attorney for the Justice Department. Identifying a good learning opportunity in engaging PJAC students to help the institute file a federal lawsuit under the Administrative Procedures Act, Professor Gutman informed AWI that PJAC would represent them in this matter. In the fall semester, under Professor Gutman’s supervision, Anna Luft, JD ’17, and Patrick Tierney, JD ’17, interviewed their clients, researched animal protection law, studied the rulemaking process, drafted a complaint for AWI, and filed it in federal court in December 2016. The complaint alleged that the USDA had violated the Administrative Procedures Act in its unreasonable delay in responding to AWI’s petition and sought declaratory and injunctive relief. Since the act requires agencies to respond within a reasonable time to rulemaking petitions from citizens, the complaint requested an order directing the USDA to act promptly on AWI’s petition. After the clinic students filed the complaint, the USDA finally responded to AWI’s petition and the case was dismissed. In the process, the students learned the important role that litigation can play in forcing government agencies to follow their own procedures. n
protection order case involving stalking, cyber-stalking, and cyber-harassment, as well as some elements of nonconsensual pornography. The case provided both students the opportunity to confront interesting questions about how best to introduce into the court record through the rules of evidence various kinds of electronic evidence (i.e., social media posts, screenshots, etc.). Mr. Riddle found that helping to provide their client with a sense of safety and peace of mind was the most rewarding aspect of the entire litigation process. n
INSIGHT: CLINIC PROFILES
Small Business and Community Economic Development
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n 2016-17, student attorneys in the Small Business and Community Economic Development (SBCED) Clinic were supervised by Friedman Fellow Etienne Toussaint and Adjunct Professors Dorcas Gilmore and Parag Rajendra Khandhar while Professor Susan Jones was on sabbatical. (See story on p. 8.) The students provided legal assistance to social entrepreneurs, innovative small businesses, and community-oriented nonprofit organizations in Washington, D.C. In the fall semester, studentattorneys Shirin Ahlhauser, JD ’17, Felicia Dana, JD ’17, and Evan Glover, JD ’17, represented various clients, including a company founded by a George Washington University student to provide services to local artists and designers, a nonprofit organization supporting Asian American cultural and literary arts, and a local nutritionist with a published book on veganism. The team advised these clients on issues including compliance with local and federal registration and tax filings, updating and creating corporate governance documents, and drafting contracts for the business conduct of these enterprises. Preston Barclay, JD ’17, Kenesia Cook, JD ’17, and Kyle Zhu, JD ’17, represented a number of clients, including a nonprofit organization devoted to raising awareness of domestic human trafficking, a new company seeking to provide consulting services to faith-based businesses, and a company supporting emerging food and beverage businesses. They assisted the clients with a variety of matters, such as those related to organizational structure, charitable solicitations, corporate governance practices, operating agreements, volunteer management, and trademarks. Alejandra Hernández Irizarry, JD ’17, and Nathan Sisodia, JD ’17, represented a nonprofit organization that provides
Adjunct Professor Dorcas Gilmore with SBCED clinic student Thomas Yoon, JD ’17; client Roxanne Farrow, Founder & Executive Director, The Exodus Project; and SBCED clinic students Adriana Demirciyan, JD ’17, and Ellen Weinstein, JD ’17.
Adjunct Professor Khandhar in a supervision meeting with Evan Glover, JD ’17 (l), and other students.
educational and career support to local high school students. They assisted the organization with its legal formation in the District of Columbia and with its regulatory compliance requirements as a nonprofit. The team also represented a social entrepreneur who founded a technology start-up that supports incarcerated citizens returning to society, advising on issues such as organizational structure and intellectual property. While serving as the student director of the SBCED Clinic during the spring semester, Mr. Sisodia continued to represent the technology start-up, advising on its operating agreement. He also took
on the representation of a newly formed nonprofit seeking to provide after-school enrichment to elementary and middle school students, advising the client on liability issues, tax-exempt status, and a structure for future expansion. In the spring semester, Yang Jia, JD ’17, and Akritee Aggarwal, JD ’17, represented a solo entrepreneur interested in starting a consulting service for self-publishers. The team assisted the client with forming an LLC and drafting an independent contractor agreement. The team also represented a nonprofit aiming to provide career development continued on page 20
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INSIGHT: CLINIC PROFILES
Vaccine Injury Litigation Clinic
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n the Vaccine Injury Litigation Clinic (VILC), taught by Adjunct Professors Cliff Shoemaker and Renee Gentry, student-attorneys represented clients seeking damages from a federal compensation fund for people who have experienced an adverse reaction to vaccines. Over the course of the academic year, Eric Hernandez, Class of ’18, handled a vaccine injury case from beginning to end. After conducting an intake interview with his client, then collecting and reviewing her medical records and developing a reasonable case theory, Mr. Hernandez drafted and filed his client’s petition under the Vaccine Injury Compensation Program. The petition proceeded to the Special Processing Unit, which aims to resolve cases within one year of filing. A few months later, after a status conference and several additional filings—including affidavits, additional records, and other evidentiary support— Mr. Hernandez received an entitlement decision on causation, holding that the vaccine caused his client’s injuries. Along the way, he received compliments from the Special Master and opposing counsel on the thoroughness of his filings. Mr. Hernandez characterized his experience as one he will cherish and remember for the rest of his legal career. In a case in which the client experienced skin lesions after a vaccination, Heehyun Seo, JD ’17, collected medical records, contacted medical providers, and drafted a petition and other motions. He also drafted a motion for attorney’s fees and costs in a case involving a client who had an extended hospitalization following a vaccination, and he was gratified when the motion succeeded. In the process, Mr. Seo states that he learned many lessons in client relations, research and writing, legal advocacy, and negotiations. Adam Roth, Class of ’18, echoed Mr. Seo’s observation, stating that the “abundance of context” in the clinic makes these lessons meaningful.
Adjunct Professor Cliff Shoemaker meeting with clinic students.
Jack Li, JD ’17, and Ashlend Moss, JD ’17, spent many hours researching and writing a motion to allow a client’s case to be heard even though he had contacted them after the statute of limitations had run. Mr. Li reports that the hard work felt especially meaningful when the client sent a note of gratitude for their extraordinary efforts. In working with an expert witness, William Pauley, JD ’17, saw how important it was for the expert to have not just medical knowledge, but the communication skills to elicit relevant information from the client and to explain medical theories in layman’s terms. Huiqui Zhao, JD ’17, requested a subpoena from the Court of Federal Claims when a medical center refused to release a client’s medical records. Jiawei Peng, JD ’17, conducted a client intake interview about vaccinations that quickly became much more complex, involving brain death, potential malpractice by treating doctors, and a homicide investigation. After taking over a case in the post-settlement stage, Yongjoo Kwon, JD ’17, learned that settlement does not end a case. He prepared numerous post-settlement filings and, after several months, finally experienced the satisfaction of seeing a check for damages handed to his client.
1 8 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL
A number of VILC student-attorneys spoke of the rewarding relationships they developed with their clients. Christine Slomka, JD ’17, reports on the bond she developed with her client by meeting with her in her home. After meeting with her young client’s mother, who had quit her job to care for her child, Caroline Barker, Class of ’18, states that the clinic helped her realize the impact that clients’ illnesses can have on their families. Devin Jacobs, Class of ’18, also reported on the perspective the clinic gave him on the “human element” of casework and the work ethic that develops when you see the impact that your work can have in the lives of clients and their families. Jack Li stated that through his interactions with clients, he rediscovered the reason that he had come to law school. Along with their clinic classmates, William Ulrich, Class of ’18, and Yongjoo Kwon drafted proposed legislation to expand the number of special masters in the U.S. Court of Federal Claims who preside over vaccine injury cases. The class also had the opportunity to lobby on behalf of the legislation. Through this effort, the clinic students learned the nature and value of systemic advocacy that goes beyond individual client representation. n
SPOTLIGHT
Chris Carr from page 1
He chose Oakland, and by 2006, he had become the Raiders’ all-time leader in kickoff return yards. In 2008, as a member of the Tennessee Titans, he averaged 28.1 yards per kick return and 10.1 yards per punt return. He is considered among the NFL’s all-time best punt and kick returners. Mr. Carr’s NFL career has many highlights. He played 125 games for five teams over nine seasons. As a cornerback for Oakland, he intercepted a pass by Steelers’ quarterback Ben Roethlisberger and returned it 100 yards for a touchdown—one of the longest interceptions for a touchdown in NFL history. In 2009, as a cornerback for the Baltimore Ravens, he intercepted a pass by Tom Brady in a playoff game against the New England Patriots. In 2010, he was a starting cornerback for the Baltimore Ravens. Unfortunately, he suffered back and hamstring injuries in 2011 and finished his career after playing one season each for the San Diego Chargers and the New Orleans Saints. He left the Ravens just before their Super Bowl season but says he felt vicariously a part of that victorious team. All of that is behind him now. Even during his football career, Mr. Carr was preparing for law school. During an offseason in Baltimore, he interned for a
Chris Carr, JD ’17, speaking with other Immigration Clinic students.
Baltimore law firm. While he was playing his final NFL season in New Orleans, he sent off his law school applications. Mr. Carr announced his retirement from the NFL on March 19, 2014. On March 28, 2014, he attended Preview Day at GW Law, visited the Jacob Burns Community Legal Clinics, and subsequently decided to attend. When Phyllis Goldfarb, Associate Dean for Clinical Affairs, met Mr. Carr at Preview Day, she asked him about his legal interests. He told her he was fascinated by the books and articles he had read about immigration law and said he hoped to become an immigration lawyer. When she later asked how he had developed that interest, he replied that while playing for the Chargers in 2012—a presidential election year when many players were talking about political issues— another player had asked him about his views on immigration policy. “I thought I should have more informed views,” he said, “so I started reading books and articles about America’s unique experience with immigration.” Then his intellectual curiosity took over. “The thing about reading,” Mr. Carr says, “is that the more you know, the more you know how much you don’t know.” Mr. Carr believes that playing in the NFL prepared him for law school and legal clinics in several ways. First, he was used to working hard and performing under pressure, and he had developed mental strategies for dealing with stressful situations. Second, his NFL experience taught him to work with many different personalities, improving his people skills. He believes that these experiences helped him to work well with the variety of personalities he encountered in the Immigration Clinic and to manage the stress of representing real clients in cases with important stakes. Perhaps most important, professional football had already taught Mr. Carr how to learn from experience—a fundamental skill in clinical legal education. Through the coaching he received during practice, Mr. Carr states, he was accustomed to identifying mistakes in performance situations and learning to do better. Moreover, he says that during
his football years, he had learned to retain much of the information he received from watching film, so he had developed reliance on his memory. Although he felt that he had to prove himself every day in the NFL, he appreciates that his law school classmates accepted him and treated him like anyone else. He enjoyed Constitutional Law, Evidence, and many of his other courses. When he took Immigration Law and the Immigration Clinic, both taught by Professor Alberto Benítez, they confirmed his attraction to the field of immigration law. To facilitate his work in the field, Mr. Carr has been studying Spanish during law school and is enrolled in an intensive Spanish course in Costa Rica after the bar exam. “It’s been a privilege working with Chris and I am thrilled that he has decided to become an immigration lawyer,” Professor Benítez remarked. ”The immigration bar, and the legal profession generally, needs people like Chris.” Mr. Carr reports that he appreciated the passion of the clinic students and the resilience of his clinic clients. He liked the hands-on method of learning in the clinics and was “excited to help my clients.” During the clinic experience, he states, “my client skills really improved.” He also indicates that his clinic work laid a strong foundation for his summer position with Zeman and Petterson after his 2L year and for the full-time position that he will assume there this fall. Mr. Carr, his wife Sarah, and their three children—Octavian, 5; Scarlett, 3; and Kelly, 1—have enjoyed the “energy” of living in D.C. while he attended law school. He looks forward to spending a few more years in the area. Currently, he is studying for the California bar, and he hopes someday to move to Southern California—closer to his and Sarah’s families—and to open his own law firm. He would like to add criminal defense to his repertoire of skills. If the past is any indication, in whatever Chris Carr chooses, he is bound to succeed. n
JACOB BURNS COMMUNITY LEGAL CLINICS 1 9
Jacob Burns Community Legal Clinics Law School 2000 H Street, NW Washington, D.C. 20052
SBCED from page 17
programs to adults and students, facilitating the client’s volunteer recruitment and application for federal tax exemption. Thomas Yoon, JD ’17, Ellen Weinstein, JD ’17, and Adriana Demirciyan, JD ’17, represented a prospective nonprofit organization that seeks to help at-risk youth in D.C. and Prince George’s County, Maryland. They also represented a D.C. nonprofit promoting awareness of domestic human trafficking. In the course of these representations, they helped identify legal entities, draft articles of incorporation, formalize partnerships, and advise them on matters such as obtaining a charitable solicitation license and applying for federal grants. Kara Hong, JD ’17, Addison Brown, JD ’17, and Matthew Piscitelli, JD ’17, represented a D.C. nonprofit corporation interested in facilitating peace-building activities in various target communities. The team assisted the client in navigating U.S. and D.C. employment and labor laws and provided guidance regarding
trademark issues. The team also assisted another client, a women’s cultural affinity group, in forming a legal entity. In partnership with the American University Washington College of Law Intellectual Property Clinic and the Washington Area Lawyers for the Arts, the SBCED Clinic hosted in the spring semester a “pop-up legal clinic” for artist entrepreneurs seeking brief advice in intellectual
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property and business law. The SBCED Clinic students interviewed local entrepreneurs and advised them on corporate formation, governance, and regulatory issues. Clinic students also fielded weekly intake inquiries, interviewing prospective clients to determine whether to take their cases into the clinic or whether to provide them with targeted referrals. n
Friedman Fellow Etienne Toussaint in a supervision meeting with Nathan Sisodia, JD ’17, and Alejandra Hernández Irizarry, JD ’17.