View
223
Download
3
Category
Preview:
DESCRIPTION
Spring 2011 Legal Pad
Citation preview
LEGALPADA MAGAZINE OF THE NATIONAL BLACK LAW STUDENTS ASSOCIATION
The
NBLSA 43rd National Convention
INSIDE:NATIONAL CONVENTION
LOBBY DAYNBLSA C.A.R.E.S: STORIES FROM HAITI
REGIONAL CONVENTIONS IN REVIEW
An Insider’s Guide to the 2011 Houston National Convention
Spring 2011 EDITION WWW.NBLSA.ORG
RMBLSA Convention Community Service
NA
TI
ON
AL
B
LA
CK
L
AW
S
TU
DE
NT
S
AS
SO
CI
AT
IO
N
National Spotlight04National Convention
07Special Thanks to Convention Sponsors
National RecapFeatured Article
8 Lobby Day
12Growing Up Locked Down: The Juvenile Justice Commercial
14 NBLSA C.A.R.E.S. Stories from Haiti
16Alumni Spotlight: Interview with Brian Roberts
18 Lessons in Empowerment: Interview with Tomiko Brown-Nagin, author of Courage to Dissent: Atlanta and the Long Civil Rights Movement
Regional Spotlight22 MABLSA Convention
24MWBLSA Convention
26NEBLSA Convention
28RMBLSA Convention
30 SRBLSA Convention
32 WRBLSA Convention
LEG
ALPA
D C
ON
TEN
TS
3 | The Legal Pad
Chapter Spotlight34 University of Tennessee
35 St. John’s University
36 Recognition of Chapter Grant Program Recipients
Member Spotlight37 Members of the Month
41 2011 Scholarship Recipients
Editorial 42 In a Child’s Best Interest
Jeree Harris, National Director of Programming
Jenerra Crenshaw, National Historian
Erica Washington, National Director of Public Relations
Editors:
Every year, the National Black Law Students Association (NBLSA) holds its National
Convention in March. The National Convention is the culmination of our yearlong programming and oral advocacy competitions. It is an opportunity to reflect on the
past year as we embrace the future.
The 43rd Annual National Convention took place in the great state of Texas, in the
incomparable city of Houston, and we planned multitude of activities to ensure that
all 700+ convention participants, from competitors to delegates, law student
members to college student division members, had an opportunity to experience all
that Houston had to offer. I was pleased with our entire week of programming, but I
would like to highlight 3 panel workshops and 2 events in particular to provide a taste
of what the Convention offered our members.
On Thursday, March 10th at 5 p.m., we revisited last year’s Census 2010 initiative,
but in this panel, we discussed the impact of the count on redistricting, especially
with regard to the effects that it will have on the Black community. Census 2010
Aftermath: The Impact of Redistricting on Black Communities focused on
predominantly minority districts that are historically underrepresented in the Census,
and how this underrepresentation will affect funding, as well as congressional seats in
the future. Pia Winston, NBLSA’s National Parliamentarian moderated this group of
distinguished panelists including Donita Judge from the Advancement Project;
Kristen Clarke, Co-Director of the Political Participation Project for the NAACP Legal Defense Fund, Marcia Johnson-Blanco from The Lawyers Committee for Civil Rights
Under Law Voting Rights Project and J. Gerald Hebert, Executive Director of The
Campaign Legal Center.
This year’s theme, A Legacy of Empowerment, emphasized the importance of
reflecting on the trail-blazing path of our predecessors. The panel, Lessons in
Empowerment: Lawyers in the Civil Rights Movement, provided a historical,
academic, and empowering perspective on social engineering and undoubtedly
inspire our inner social engineer.
4 | The Legal Pad
National Spotlight
Chibundu Nnake
National Convention
Coordinator
National Convention
5 | The Legal Pad
This panel took place on Friday, March 11th at 5 p.m. The National Attorney General, Ashlyn
Shockley moderated the panel that included: Tomiko Brown-Nagin, legal historian and author of the new book, Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement; Julieanna
Richardson, President of HistoryMakers; and the Honorable D’Army Bailey, former Judge and student
activist during the Civil Rights Movement.
The last panel workshop I would like to highlight took place on Saturday, March 12th at 9 a.m., The
State of Black Professionalism: The Impact of Media Images on Black America. As young
professionals, we are constantly bombarded by negative images of Black America. As we continue to
progress in our careers we must continue to proactively work to combat those images in our
communities. This panel discussed how we can contribute to furthering positive images. Sean Walton,
Jr., Founder, CEO, and Editor-in-Chief of Fresh Media Group, as well as a third year student at Capital University School of Law, moderated the workshop. The panel included: Melinda Spaulding from Fox
26 News in Houston; Joah Spearman, co-author of Real Role Models; and Yolanda Young author of
the blog, On Being A Black Lawyer.
We had outstanding panel workshops on the agenda. We would like to give a very special thanks to
our panel workshop sponsors. Thank you to the Society of American Law Teachers (SALT) for
sponsoring Breaking In: The Road to Legal Teaching; Perkins Coie LLP for sponsoring Practice
Insight: Careers in Energy Law; Microsoft Corporation for sponsoring Practice Insight: Careers in
Intellectual Property, Baker Botts LLP for sponsoring Practice Insight: Careers in Environmental Law,
and Fried, Frank, Harris, Shriver & Jacobson LLP for sponsoring World Changers: Using Your J.D. for Social Justice.
EventsOn Friday, March 11th at 6:30 p.m. we held our Legacy of NBLSA Reception. The reception provided
an opportunity for us to celebrate not only the founders of NBLSA, but also to recognize our past and
present leadership. For 43 years, NBLSA has focused on “striving to balance” the complexities of the
legal profession, and meeting that obligation has not been an easy task. However, the time, effort, and
talent of numerous individuals has contributed to making NBLSA the phenomenal organization that it
is and enabling the organization to continue on the road towards its 50th year.
Saturday, March 12th at 11:15 a.m., college student division members had the
opportunity to attend workshops on LSAT Preparation, Law School Admissions and other topics. There was a particularly unique panel entitled: Do We Need the
Divine Nine? A Look at BGLOs and Community Empowerment. This panel
explored the type of impact Black Greek Lettered Organizations have in our
communities today, and whether they are as necessary now as they once were
considering some of the negative stereotypes currently associated with them. The
Director of the College Student Division and a member of Alpha Phi Alpha
Fraternity, Inc., Robert Elliott II, moderated this panel.
Finally, the 43rd Anniversary Awards Gala took place on Saturday, March 12th. It
was a black-tie extravaganza equipped with all the pomp and circumstance you would expect from a group of future attorneys. When I attended my 1st National
Convention, I thought it would be hard to top meeting Coach Carter and speaking
with Hill Harper. But once I walked into the Gala and was able to witness a sea of
500+ beautifully dressed, future black attorneys, I was in awe and shed a few
tears. Participating in the gala reaffirmed my belief that being a part of NBLSA is
about being a part of something much larger than myself. This year we inducted
NBLSA Founder, AJ Cooper, and Congressman Al Green into the NBLSA Hall of
Fame. Kim Keenan, General Counsel of the NAACP, provided the keynote address
for the evening. This was surely an event that none of us will soon forget!
It has been a pleasure and a blessing to help plan, organize, and coordinate the
43rd Annual National Convention. It was an honor to work closely with Madame
Chair, the Director of Programming, the Competition Directors, our
Communications Team, Mance & Associates--particularly Ms. Myrlin Young-- the
Convention Committee, my Convention Fellows, the Convention Challenge Team,
and the Regional Convention Coordinators. An event this grand requires months
of planning day and night, but it is well worth it to produce a high quality event for
members that was enriching, exciting and empowering.
6 | The Legal Pad
National Spotlight
Pictured Above: Kim Keenan,
General Counsel of the NAACP
and Keynote Speaker at the
National Awards Gala.
Pictured Above: United States
Congressman Al Green and one
of the 2011 Hall of Fame
Recipients.
Akin GumpAndrews Kruth
Baker BottsBarBri
Bracewell & GuilianiCouncil on Legal Education
Opportunity (CLEO)Crowell & Morning
DLA PiperFried Frank
Golden State FoodsGraduate Leverage
Haynes & BoonHunton & Williams LLP
Jackson WalkerJones Day
Kaplan PMBR
Kilpatrick StocktonKirkland & EllisMcGuire Woods
MicrosoftNavy Jag
NBPAPaul Weiss
Shook Hardy & BaconSouthern Poverty Law Center
Southwest AirlinesThemis Bar Review
Texas Southern UniversityVinson & Elkins
WachtellWeil, Gotshal & Manges LLP
Walmart
Title Sponsor Perkins Coie
A Special Thanks to Our Convention Sponsors & Exhibitors
LEGAL PADN A T I O N A L B L A C K L A W S T U D E N T S A S S O C I A T I O N
In February 2011, NBLSA students converged on Capitol Hill to learn about the
legislative process, hear from attorneys
working in legislative advocacy, and discuss education reform with the nation’s
top policy makers. In its third and largest Lobby Day, NBLSA joined the National
Latino/a Law Students Association (NLLSA)
and the Law Student Division of the Hispanic National Bar Association (HNBA-
LSD) to inform legislators about proposed changes to the Elementary and Secondary
Education Act (ESEA). Sponsored by
FedEx, the event attracted 55 participants.
The ESEA, enacted in 1965, authorizes federally funded education programs that
are administered by the states. The law
emphasizes equal access to education and establishes high standards of accountability
for the nation’s schools. The current legislation, often referred to as No Child
Left Behind, expires this year. In the spring
of 2010, the Obama Administration released its blueprint for success. The
blueprint emphasizes reform in four key a r e a s : 1 ) t e a c h e r a n d p r i n c i p a l
effectiveness; 2) increased assistance for
families in evaluating their children’s schools; 3) the implementation of college
and career ready standards; and 4)
enhanced achievement in the nation’s lowest performing schools through effective
intervention. In his 2011 State of the Union address , Pres ident Obama ca l led
lawmakers to work together to solve the
country’s most urgent problems, including disparities among the nation’s schools and
underperformance in the global economy.
NBLSA Lobby Day
Ashlyn Shockley
National Attorney
General
8 | The Legal Pad
S t u d e n t s engaged in a
t w o - h o u r
training session led by Dana
We e k e s , a n associate with
Patton Boggs
L L P . M s . Weekes and
her colleagues p r o v i d e d
information on
the proposed amendments
to the ESEA out l ined in the
b l u e p r i n t a n d
e d u c a t e d students on the LEARN Act, proposed by Senator Patty
Murray (D-WA). In addition, they taught students effective advocacy strategies.
During the latter portion of the program, Dr. John S. Wilson, Jr., Executive Director of the White House
Initiative on Historically Black Colleges and Universities, addressed participants on ESEA’s significance and its
impact on higher education. The attentive audience
included law students, Hill staffers, and undergraduates studying pre-law and political science. Jordan Webber,
a senior at Spelman College and the National Advocacy Fellow, had the privilege of introducing Dr. Wilson.
Many students were inspired by the perspectives of attorneys, who had chosen careers in legislative
advocacy for reasons ranging from the ability to influence government to financial prosperity and to a
desire to make a difference. One panelist, newly
appointed Congressional Black Caucus (CBC) Executive Director, Angela Rye, explained why she
thought it was important to contribute to this year’s program. Ms. Rye, a former Western Region Chair,
said, “Historically, black students have been the
foundation for activism in our community. Whether staging a sit-in,
s p e a k i n g against injustice,
o r p ropos ing
policy solutions to societal ills,
black students--future lawyers
and advocates--
have played a critical role in
bringing change to America. I am
humbled to play
a small role in e n c o u r a g i n g
N B L S A t o
The Reauthorization of the ESEA
9 | The Legal Pad
Pictured Above: Mr. Kareem Dale,
Special Assistant to the President
for Disability Policy
Pictured Above: Dana Weekes,
Associate with Patton Boggs LLP
“Hearing from renowned lawyers, lobbyists, and other panelists gave me a
better perspective of how to approach lobbying for such an important
act as ESEA...”
10 | The Legal Pad
continue to serve as our nation's best advocates.”
Kareem Dale, Special Assistant to the President
for Disability Policy, offered insight on working closely with the nation’s first Black President.
Students were inspired by Mr. Dale’s story, which began on the South Side
of the Chicago. Dale and
his brother, Yusef, an Assistant United States
Attorney in the Northern District of Illinois, attended
undergrad and law school
at the University of Illinois at Urbana-Champaign. A
dual-degree student in law a n d b u s i n e s s , D a l e
graduated Cum Laude.
S i t t i n g o n a p a n e l moderated by NBLSA’s National Congressional
Liaison Specialist and Chair-Elect of the Northeast Region, Kendra Brown, Dale spoke about working
as an associate with Winston and Strawn before
founding the Dale Law Group in 2007.
Dale, who is legally blind, met his current boss while serving as the President of the Black Law
Students Association chapter at the University of
Illinois. Dale invited then-state senator Barack Obama to address students and the two forged a
relationship. In 2008, Dale joined the Obama campaign as the National Disability Director.
Mr. Dale has said, “We need to make sure that
people with disabilities are not left behind.” His
lengthy list of accomplishments are a testament to the fact that he, and attorneys like him, can
overcome obstacles and compete as the nation’s
most effective advocates. Mr. Dale’s work with the White House Office of Public Engagement and
Domestic Policy Council is influential in increasing
resources for disabled Americans and ensuring that their rights and civil liberties are protected.
The students’ experience on the second day mirrored that of an attorney working on Capitol
Hill. Volunteers manned congressional cafeterias as students bustled between legislative meetings.
Meeting with legislators from the U.S. House and
Senate and every region of the country, students relied on advocacy skills they had honed in
11 | The Legal Pad
classrooms and competitions. In each meeting, a team of students advised legislators on the ESEA and its
impact on higher education. Working within a group
provided students with the opportunity to develop stronger bonds with their counterparts and to
understand the perspectives of similarly situated students coming from
d i f f e r e n t
backgrounds.
Students concluded the program with a
tour of the White
H o u s e . A b r e ’ Connor, a second-
year law student at t h e A m e r i c a n
U n i v e r s i t y
Washington College of Law, previously
worked with Senator Bill Nelson (D-FL)
and Senator Tom
Harkin (D-IA), and was eager to engage in national programming in
legislative advocacy.
“Coming from the University of Florida, a large public
university for undergrad, I have seen first-hand the influential value of students working together to
accomplish positive results for a common goal,” Ms.
Connor said. “Hearing from renowned lawyers, lobbyists, and other panelists gave me a better
perspective of how to approach lobbying for such an
important act as ESEA. I appreciated the opportunity to learn and work with NBLSA and my fellow law student
colleagues from across the country on Capitol Hill in this effort to help other
burgeoning youth
reach their ful l potential.”
The fight to help youth successfully and safely transition into adulthood is a
continuous battle. Grassroots organizations
across the nation are united to spread awareness about raising the juvenile age
within the criminal justice system. In some states like North Carolina and New York, a
juvenile refers to any youth 16 years of age
or younger. As a result of this requirement, North Carolina and New York charge and
sentence 16 and 17-year-old youth as adults, regardless of the severity of the
crime.
In society there are a number of laws that
indicate that youth should be differentiated from adults, and therefore, in turn, society
treats them differently. For example, no one
under the age of 18 can buy cigarettes and the legal drinking age is 21. Approximately
ten other states prosecute seventeen year old youth as adults. North Carolina has tried
youth as adults since 1919. According to a
2007 study on youthful offenders by the North Carolina Sentencing and Policy
Advisory Commission, 83.7 percent of the crimes committed by 16 and 17-year-olds
are misdemeanors. In addition, more than
36,000 16 and 17-year-olds are affected by the juvenile age requirement in North
Carolina alone.
People who oppose raising the age at which a youth can be tried and sentenced as an
adult argue that it will be costly and that the
juvenile justice system could not handle the additional strain on resources. Prosecuting
youth as adults has serious consequences that affect everyone. Studies by juvenile
psychologist, Cindy Cottle, show that 16
and 17-year-olds are not finished developing neurologically, making it more likely for them
to make mistakes. In addition, according to a 2007 study on youthful offenders by the
North Carolina Sentencing and Policy
Advisory Commission, 16 and 17-year-olds processed in adult court are more likely to
have higher rates of becoming repeat offenders with an increased rate of violence.
National reports from the Campaign for
Youth Justice found that youth who are incarcerated with adults are more like to be
abused physically and sexually and they are more likely to commit suicide. The National
Black Law Students Association (NBLSA)
believes that this issue is about more than dollars and cents, it is about the future of
America and specifically the future of the B l a c k c o m m u n i t y. M i n o r i t i e s
disproportionately represent the youth that
are incarcerated. NBLSA will continue to work with organizations that are focused on
treating youth as youth instead of adults. Youth benefit from the restorative juvenile
Germaine Austin
National Social
Action Chair
12 | The Legal Pad
Growing Up Locked Down
system rather than the punitive adult system. The juvenile justice system offers rehabilitative programs,
educational opportunities, mental health counseling and
therapy for drug and alcohol abuse. These programs along with a
sealed record requirement by the juvenile law, will help youth who
have were convicted as adults
effectively assimilate back into society, as productive citizens.
R e p re s e n t a t i v e A l i c e Bordsen, a supporter of initiatives
to raise awareness about youth in
the adult system said the following:
“Having a record at such a young age can lead to difficulties finding
employment, securing affordable
housing, admission to higher education and access to financial
aid...It cripples [youth] for their life.”
This year, NBLSA is advocating for youth in the adult
system as a part of its child advocacy, youth empowerment initiative. To spread awareness about
raising the juvenile age, we launched our child advocacy infomercial entitled, “Growing Up Locked
Down.” The infomercial begin with a 2 to-5 minute
commercial that shows the detrimental effects of trying our youth in adult courts and sentencing them to serve
time in adult prisons. The infomercial will also include personal stories of youth who were impacted by the
juvenile age. The youth in these stories committed non-homicide offenses. When asked about his
experience, one of the youth in the commercial, Samuel
Harvey, said the following:
“I broke into my school after running away from home because I needed a place to sleep.
I probably wouldn’t have done it if I knew that I
was going straight to jail at 17-years-old. I didn’t learn anything in jail, I felt hopeless like
life wasn’t worth living anymore. I felt like society was done with me and decided that I
could never be productive. I am now too old
to get my high school diploma and no one wants to trust me once they find out that I had
a record since I was 17 years old. It’s hard; how can I live like this?”
In the future, NBLSA chapters can use the infomercial to raise awareness about youth
tried and sentenced as adults. The infomercials are sponsored by the National Black Law Students
Association and North Carolina Central University
School of Law. North Carolina Central University School of Law chose to sponsor the infomercial because it “is
proud to support this project which addresses the weighty issue of how we treat juveniles within our
justice system.” The infomercial was released at the
43rd Annual National Convention in Houston, Texas and may be viewed on nblsa.org.
13 | The Legal Pad
The Youth Advocacy Commercial
Pictured Above: R. Dwayne
Betts, author, and former
youth incarcerated in adult
prison. Featured in the
NBLSA juvenile justice
NBLSA CARES: Stories from HaitiAs the International Relations Committee Representative, I am extremely proud of the seven dynamic women who participated in the 2011 NBLSA C.A.R.E.S. service trip. The
trip was truly an eye-opening experience. It allowed us to gain an appreciation for our
lives of American privilege, and renewed our sense of obligation to make the world a better place.
When we arrived in Port-au-Prince, the group immediately received a first hand look at the
general conditions of the country. We met with many different people and through our
conversations were able to see the country from their perspective – through the eyes of a Haitian law student and through the eyes of some of the poorest Haitian citizens. NBLSA
collaborated with the non-profit human rights organization, LAMP for Haiti. Our work focused on the current housing crisis in some of the poorest areas of the country.
Specifically, we surveyed residents of the Bwa Nef neighborhood located in the
government owned ‘Cite Solieil.’
14 | The Legal Pad
Zephranie Buetow
International
Relations Committee
Member
Throughout the week, the Haitian reality became increasingly apparent. On the one-year anniversary
of the great earthquake, we prayed and danced with
the residents of the neighboring tent city. On a separate occasion, we took advantage of the beauty
of the water (which for a couple of us included a boat ride on a fisherman’s boat), shopping in artisan
shops, and an evening of food, music and dancing –
we experienced the entirety of the Haitian spirit.
We had an opportunity to put our experiences, academic and otherwise, into context during our final
day of research. We began by meeting the mayor of Cite Solieil. He shared his perspective on the
contributing factors to the country’s conditions as well as his opinion of NGO’s and their initiatives in the country. The mayor also described a new city plan to move the residents of Cite Solieil to better housing and,
at the mayor’s request, we were able to tour some newly constructed homes. Ironically, the first
resident we encountered was a foreign aid worker.
Nearby, we saw a school structure. The foreign aid organization built the school for the local
Haitian children. I spoke with a representative who described the school as “bringing best
educational practices to Haiti.”
We had many questions at the conclusion of our
time in Haiti. What is and what should be the role of foreign aid organizations? Is there oversight of
these organization’s activities? How is Haitian
culture affected by the presence of foreign aid organizations? Moreover, what is the ultimate
goal of these organizations?
I truly believe that the trip profoundly affected each one of us. As we quantify our findings and completed our
report, each one of us took unique memories, life lessons, and new friendships from our Haitian experience. Above all, the 2011 NBLSA C.A.R.E.S. trip has strengthened and reinforced our belief in the mission of NBLSA
“to utilize the collective resources of the member chapters to…instill in the Black attorney and law student a greater awareness and commitment to the needs of the Black community…adopt and implement policies of
economic independence…and do all things necessary and appropriate to accomplish these purposes.”
15 | The Legal Pad
Alumni Spotlight: The Fight for Life
Brian Roberts is a renowned attorney w i th more than a decade o f
experience in criminal defense and
capital litigation. He is a 1993 graduate of the Univers i ty o f
Minnesota Law School. During his time in law school, Mr. Roberts
served on both the Mid-West
Regional Board and the National Board. Mr. Roberts was elected to
serve as National Chair in 1992 during the National Convention in
New York. Reminiscing on his NBLSA
experience and motivation for running for National Chair, he stated, “I really
just wanted to work on strengthening NBLSA’s programming.” During the
1992-1993 Board term under
Robert’s leadership, the Board created the Attorney General position
and developed the first annual academic retreats, now an integral
part of NBLSA’s education and career development
programming. As National Chair, Mr. Roberts spoke to black law students in Canada at the England and
Wales Black Law Students Association’s inaugural conference.
Upon graduation, Mr. Roberts worked at the Texas Resource Center handling habeas corpus petitions.
His first case involved a cert petition for Brian Roberson, a 36-year old African American who was
c o n v i c t e d f o r t h e
murder o f
an e lder ly couple, and
sentenced to death by
l e t h a l
injection. Mr. Roberson’s
c a s e w a s the first case
in which Mr.
R o b e r t s witnessed the
execution of a client. In 1995, Mr. Roberts moved to New York and began working at the Capital
Defender’s Office. He later joined the Neighborhood
Defender Service of Harlem, which is where he began to cultivate and develop his interest in
societal issues and civil rights. In 2000, Mr. Roberts moved to D.C. and began working at the D.C.
Public Defender’s Office. He worked in the trial
division from 2001-2002. Mr. Roberts currently works in the field of prisoners’ rights. Prisoners’
rights work in D.C. is particularly interesting because the Federal Bureau of Prisons runs the
D.C. prison system.
Mr. Roberts’ work is incredibly personal to him. He
has experienced the reality of murder within his own family. His 18 year old son was shot and killed
16 | The Legal Pad
Ruby Brown
National Director of
Alumni Affairs
Brian Roberts, 1992-1993 NBLSA
National Chair, currently a DC Public
Defender
17 | The Legal Pad
Interview with Brian Roberts
during Christmas in 2001. Mr. Roberts is a founding member of Murder Victims’ Families for Human Rights
(MVFHR), which is an organization that opposes the
death penalty in the United States and around the w o r l d .
MVFHR is a n o n -
governmental
organization w i t h a
national and international
m i s s i o n t o
abo l i sh the death penalty.
Its members a r e f a m i l y
members of
h o m i c i d e victims who
oppose the death penalty,
and family members of executed inmates and victims
of government supported“disappearances.” MVFHR's members are some of
the highest profile activists in the anti-death penalty movement.
Mr. Roberts has also served as interim chair (2003-2004) for the National Coalition to Abolish the
Death Penalty. “Working with the Coalition was
exciting because one of its major initiatives was the abolition of the juvenile death penalty,” he explained.
While supporting the movement of the Coalition, Mr.
Roberts spoke with Wyoming legislators and lobbied i n S o u t h
Dakota. The juvenile death
penalty is now
abolished in every state.
Mr. Roberts c u r r e n t l y
serves on the
P r a c t i c e Project Social
Justice Work f o r
Communities
o f C o l o r Board.
As a student, Mr. Roberts
left his mark on NBLSA as a dedicated servant on the
regional and national levels. Now as an attorney, he is leaving his mark across the world by addressing
societal issues that affect Black communities and promoting equality and justice for all. Mr. Roberts is a
notable alumnus who embodies the esteemed legacy
of NBLSA.
Lesson in Empowerment: Interview with Tomiko Brown-Nagin
Author, professor, and renowned legal historian, Tomiko Brown-Nagin, Justice Thurgood Marshall Distinguished Professor of Law and Professor of History at the University of Virginia School of Law, sat down for an interview about her new book, Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement.
The book details the struggle between generations of Black activists motivated by c lass , age , and the i r own un ique experiences with Jim Crow and poverty. Brown-Nagin takes a closer look at the local perspectives of Atlanta activists and the impact of fighting for civil rights on the everyday lives of Blacks in the area. JH: Courage to Dissent looks at the long Civil Rights Movement on both a local and national level. Why did you decide to write a book about local perspectives of the Movement? More specifically, why did you choose Atlanta? TBN: I thought Atlanta was a great place for middle class Blacks. I chose Atlanta because my understanding of Atlanta was based on middle class perspectives. I was interested in school desegregation and I thought I was going to discover that Atlanta was a place where Brown actually worked. My hypothesis didn’t bear out. I was interested in school desegregation and the
book evolved naturally, but you cannot understand school desegregation without exploring the full realm of civil rights. You can ’ t unde rs tand schoo l s w i thou t understanding housing issues, economic issues etc. I had to look at a number of areas because I came to realize that you cannot isolate areas of civil rights from one another. Also, I chose to focus on Atlanta because grand narratives are misleading. It is meaningless to say the civil rights movement was a success or a failure. The benefits and advantages for whom, when, and why are really important. My original understanding of people who didn’t support the NAACP was that they were Uncle Toms, but when I started to look at the history it was much more complex. They had to really deal with the bulk of white supremacy. Jobs and lives were at risk. They were intimately fighting Jim Crow in a way that people at the national level were not. It was a different kind of decision-making process for Thurgood Marshall than it was for local residents in Atlanta.
JH: What was the most surprising fact that you found in the process of writing this book?
TBN: I was surprised by how much personalities and biography shapes activism. I featured particular activists because their stories really spoke to me.
Jeree Harris
National Director of
Programming
18 | The Legal Pad
T h e i r p e r s o n a l stories drove and shaped w h a t happened in history. In this moment,
we tend to have a sense that no one really matters. It’s such a huge world that no one can make a difference. The scale of problems seems overwhelming, and obviously there is some truth to that, but what I found is that this lawyer, Lynn Holt, was an amazing personality. He called himself a movement lawyer. He got people to do things that they wouldn’t have done, but for his charisma. He was so interested in civil rights because he had disappointing experiences. He saw the children of poor Blacks just standing around when Virginia closed its schools to stop desegregation. Hearing the stories about what motivates people and how those people were able to have an impact was really significant and I didn’t expect that. We learn to think in terms of categories and courts and not in terms of people. It’s because of these stories and people who are able to have an impact on the world that I am so committed to this methodology.
JH: What would you describe as the most common misconception about the Civil Rights Movement?
TBN: The misconception of unity. The biggest misconception is that it was a blob of a movement.
JH: In the very first pages of your book you say something that might surprise some and that is that Thurgood “Marshall “regarded King as overrated and he disapproved of the minister’s extralegal tactics.” Why do you think details like this about divisions within the Movement are not explored when students learn about civil rights history?
TBN: It’s a lot easier to teach simple narratives. People like happy stories and happy endings. The assumption is that consensus is good and conflict is bad. If the big unresolved issue in this book is race and poverty, people don’t really want to talk about those issues.
JH: In chapter 6 of the book you describe not only a racial divide and class divide, but an age divide between A.T. Walden and students that felt he compromised too much. One of the points they were disappointed in was that the compromise didn’t include demands for improving employment opportunities for black workers. Could you talk about the tension between older middle class blacks and black students when it came to setting a vision and goals for the Civil Rights Movement?
TBN: The book talks about three waves of dissenters who shared a common goal of equality, but had different priorities. The pragmatists were the older
8
“As an advocate for change you have to work with communities and not just tell them what you are going to do.”
19 | The Legal Pad
generation. They were interested in ending Jim Crow gradua l l y. The second wave was the s t u d e n t s w h o w e re interested in ending Jim C r o w i m m e d i a t e l y through pol i t ical and economic empowerment.
The third wave was the poor themselves, who were the most keenly concerned about structural inequality. The greatest tension between the first wave and the second wave was really over its questions of performance. To what extent do you want to be an insider and act like an insider and preserve your status as an insider as opposed to being out in the streets? A part of belonging as an American and good black people is acting right. Issues of decorum and belonging are huge. Priorities of the working class Blacks divide them from both the students and the older pragmatists. First they fight over Jim Crow themselves, but it’s a second order issue. The first order issue is to end Jim Crow in the stores. Poverty issues become pressing in the 1970s after formal equality. The working class blacks feel like the students are focusing on things like black power. Black power is important, but it’s not going to get bread on the table. In Atlanta, the students that should be the [working class Blacks’] allies have forgotten what their goals are. They become more like the old pragmatists. The students were the radicals, but later in the process the poor think that the students are being conservative.
JH: What do you think students today could learn from students in the 50s and 60s about activism and organizing?
TBN: There always were lots of model of advocacy. What can you take as lessons: law and organizing. It’s really hard to make change, but it doesn’t happen at all if people aren’t involved. Parents really have to be involved in their kid’s education. Parents have to be invested in their own lives.
There are so many reasons why people may not be. As an advocate for change you have to work with communities and not just tell them what you are going to do. The Lynn Holts and Howard Moores were trying to organize. They weren’t necessarily doing it themselves, but the model was to have legal cases, but to have a political mobilization component. There is no way I would try to seek change with just a law office.
JH: What, in your opinion, is the contemporary civil rights or human rights issue of our time that deserves greater attention and advocacy, particularly in the Black community?
TBN: There are lots of issues and people have to be motivated by what they are impassioned about. I am passionate about education. Education is the foundation for so many other things. If people aren’t educated they are going to be impoverished and struggle economically. If you struggle economically you are going to get caught up in the criminal justice system. Education and poverty. But also, I am really angry about mass incarceration. I think all of these things are about public policy. We really need to educate people about what they are entitled to and teach them how to be demanding.
JH: Your book takes a really incredible and detailed look at the Long Civil Rights Movement in Atlanta. When you finished it, or perhaps while you were writing it, was there anything you learned that made you think about other topics to explore in this area?
TBN: My next project is a biography of Constance Baker Motley. She is amazing and I found her inspiring and a little sad. Some of the things that she experienced I could identify with which is incredible given the time in which she practiced law and the time I entered the field. She is an inspirational figure. I am also interested in questions about whether and how it matters to have symbolic representatives of minorities on the bench.
20 | The Legal Pad
Regional Spotlight2011 Conventions in Review
21 | The Legal Pad
.
The Mid-Atlantic Region of the National Black Law Students Association took it to The Next Level with the culmination of the 43rd Annual MABLSA Convention & Celebration! From
February 2 -6, 2011, members of the Mid-Atlantic Region took over the Hyatt Regency and brought a little sunshine to the Baltimore Inner Harbor. With over 200 students registered
and in attendance, this was the perfect occasion for intellectual and professional growth
while ensuring a plethora of networking opportunities.
On Wednesday, the energy and presence of our competitors
invigorated the Convention
experience. The next morning we came together to enhance the lives
of local youth in conjunction with the Boys and Girls Club. We
created a BE GREAT wall, which
consisted of the creation of a collage of paraphernalia from our
schools, in an effort to encourage students to reach for academic success. In the afternoon, our student attendees were given
the opportunity to increase their employment opportunities at our Career Expo. Some of the
employers included Patton Boggs, Ballard Spahr, Cooley, U.S. Air Force Judge Advocate General and the U.S. Department of Justice.
Our Convention was also filled with numerous workshops, which sparked interesting intellectual debates. Our workshops included: This Doesn’t Make Cent$ - Navigating the
Windy Road to Financial Sanity & Stability; A Hip Hop Theory of Justice with Professor Paul
Butler; So You Think You Want to Be a Public Policy Attorney: A Panel Sponsored by Patton Boggs; Politics & The Legal Community: Immigration & the Institution of Marriage; Is the
American Criminal Justice System the New Jim Crow?; Diversity: A Kaleidoscopic View of the Legal Profession; and Diversifying Your J.D.
In addition to our workshops, the words of wisdom expressed by our keynote speakers also
created an atmosphere of intellectual stimulation and thought-provoking conversations. The passionate words of Congressman Elijah E. Cummings reminded us all to have a dream and
to appreciate the journey towards reaching our goals. Professor Charles Tucker, Jr. welcomed our attendees and encouraged us to take full advantage of the opportunities
ahead of us. Attorney William “Billy” Murphy, Jr. shocked us into consciousness with his
bold, yet enlightened opinion of our role in the legal community. The Honorable Wanda Keyes Heard acknowledged what a beneficial resource MABLSA is, and encouraged us all
Mid
-Atla
ntic
Reg
ion
BLS
AConvention Highlights
22 | The Legal Pad
23 | The Legal Pad
to remain dedicated as active advocates. Finally, Attorney Ava Lias-Booker brought us home at our 43rd Annual Awards Gala & Celebration, reminding us to be aware of the issues that affect our lives and our communities.
Last, but certainly not least, there were many students, advocacy teams and alumni that were recognized for
their accomplishments this year. The 2010-2011 MABLSA Executive Board left its mark in MABLSA history by establishing the Inaugural MABLSA Hall of Fame Induction and the Legacy of MABLSA reception. The 2011
Inductees are: The Honorable Wanda Keyes Heard, Dana Weekes and Cynthia A. Baldwin. Our 2010-2011 Chapter of the Year award was awarded to William & Mary Law School.
The Regional Champion of the Frederick Douglass Moot Court Competition was awarded to Georgetown
University Law Center. The Best Oral Advocate Award was awarded to Latoya Francis-Williams. The Georgetown University Law Center was also named the Regional Champion of the Thurgood Marshall Mock Trial
Competition. The Best Advocate was awarded to Janell Henderson.
Additionally, the elected members of
the 2011-2012 MABLSA Regional Board were announced under the
leadership of Sheila Isong, the 2011-2012 MABLSA Chair. The
remaining elected officials include:
Jasmine Williams (Vice-Chair), Brian Lee (Attorney General), Rochelle
McAllister (Treasurer), Jason Williams (Director of Community Service),
Jennifer Blemur (D.C./MD Sub-
Regional Director), Wanika Fisher (PA/WV Sub-Regional Director) and Difie
Osborne (VA Sub-Regional Director).
In the end, MABLSA continues to live up to its reputation as S.T.R.O.N.G. and remains dedicated to the
improvement of our members and our communities. The 43rd Annual MABLSA Convention & Celebration was a
momentous occasion and we are already counting down the days to our next reunion!
On February 16, 2011, the Midwest Black Law Students Association hosted its 2011 Regional
Convention in Chicago, IL. With nearly 200 registered attendees, the Convention was a
phenomenal success.
In addition to hosting the Thurgood Marshall Mock Trial Competition and the Frederick
Douglass Moot Court Competition, MWBLSA offered several other exciting events. The
Convention featured workshops and panels addressing international law; immigration law;
marketing; networking; debt management; military law; judicial clerkships; bar preparation; and
alternative legal careers, among other topics.
Furthermore,
MWBLSA
presented a
dynamic array of
speakers for the
luncheons and
presentations
during the
Convention. The
Clerk of the Circuit
Court of Cook
County, Illinois, Ms.
Dorothy Brown,
spoke during the
Convention’s
Opening
Reception at the DuSable Museum. Since her election in 2000, Clerk Brown has implemented
a host of innovative programs, which have streamlined processes, improved quality service,
saved millions of dollars for taxpayers, and increased revenue for Cook County administration.
Our list of esteemed speakers further included, but was not limited to: Jimmie McMillian;
Justus Morris – Professor of Law at Valparaiso School of Law; and Sadiqua Reynolds. We also
honored the Honorable Myra Shelby with our first annual Trailblazer Award. Judge Shelby has
the distinction of being the first woman and first African-American to serve as an Associate
Justice on the Indiana Supreme Court. While serving on the bench from 1995-99, Judge
Shelby participated in several landmark decisions and authored more than 100 opinions,
receiving national recognition.
Mid
wes
t Reg
ion
BLS
AConvention Highlights
24 | The Legal Pad
MWBLSA also provided
Convention attendees with
multiple ways to serve the
community. First, in
conjunction with Lifesource
Blood Center, MWBLSA
hosted a Blood Drive and
Bone Marrow Registry in
honor of Nyiah, a little girl born
with Sickle Cell Anemia and
other serious ailments.
Nyiah’s condition requires her
to have monthly blood
transfusions. By partnering
with Lifesource, MWBLSA
hopes to promote awareness
within the black community of
the desperate need for blood
and marrow donors. Additionally, MWBLSA spent a day volunteering with Urban Prep Academies, a network
of public, all-male charter schools geared toward providing comprehensive, high-quality college preparatory
education to young men in the inner city of Chicago. Urban Prep took young men from one of Chicago’s
poorest neighborhoods; young men who many said could not perform academically, and in four short years,
these same young men were
beating state averages in
standardized testing and 100%
were accepted to four-year
colleges.
Last but certainly not least,
MWBLSA held its annual
Regional Board Elections during
the Convention. Students from
fourteen states and approximately
45 chapters gathered to vote for
the 2011-2012 elected officials.
25 | The Legal Pad
Dear NEBLSA Members,
I hope that you were able to join NEBLSA for the 2011 Regional Convention. In case you were unable to join us, we have provided a recap below.
Please be sure to visit www.nblsa.org/neblsa for the most up to date information.
NEBLSA Convention Recap:
The 2011 NEBLSA Regional Convention was held January 26 - 30, 2011 in Mashantucket, CT at The MGM Grand Hotel and Casino at Foxwoods. In the MGM Grand’s dynamic and sophisticated setting, NEBLSA members took advantage of the opportunity to meet and network with other law students and legal professionals from the Northeast region.
Notwithstanding a blizzard, the convention kicked off the Wednesday evening with a Welcome Reception that provided NEBLSA members the opportunity to meet and greet each other, as well as the members of the NEBLSA Executive Board.
Thursday began early with Zumba, our daily fitness program. Unfortunately, the massive accumulation of snow from the previous evening shutdown the highways and interfered with our plans to visit a local middle school to perform community service. In light of this early disappointment, we changed course for our community service project and decided to produce a Black History Month video consisting of inspirational messages from NEBLSA members designed for viewing at a local elementary school. We gave a brief, on-camera description of the significance that Black History Month has for each of us. NEBLSA members also wrote inspirational notes for the middle school students. Our service project was followed by our Careers in Government panel and a Career Fair where tables were hosted by the United States Marine Corps JAG, Shipman and Goodwin, Day Pitney, New York State Supreme Court, and the EPA to name a few. Members also learned how to be high rollers at Casino Night. The most successful players enjoyed prizes which included gift cards
and a complimentary stay at the MGM Grand at Foxwoods.
Our community service initiatives continued Friday morning with a bone marrow donation drive that was co-sponsored by DKMS. We held our first plenary session where officer reports were presented, amendments to the constitution and bylaws were made, and other NEBLSA business was completed. Plenary was followed by informative and engaging workshops that included topics such as financial planning, diversity in the legal field, and the importance of serving the public. Later that evening, there was an alumni reception at the Mashantucket Pequot Museum, which is a new tribally owned-and-operated, state-of-the-art complex. Attendees had the opportunity to study the rich history of the Mashantucket Pequot Tribal Nation. Friday night concluded with NEBLSA members enjoying a VIP night out at the renowned Connecticut nightclub, Shrine.
On the last full day of convention, a number of informative workshops were offered and attended by both College Student Division and NEBLSA members. The final rounds of the thrilling Mock Trial and Moot Court Competitions also took place. Additionally, as part of the NEBLSA stress management programming, members delighted in an on-site massage therapist. Paula Edgar of Principal, PGE taught members how to build their brand with more effective networking, and career information panels were continued. Elections
Nor
thea
st R
egio
n B
LSA
Convention Highlights
26 | The Legal Pad
were held in the afternoon and the 2011-2012 Executive Board was elected.
NEBLSA’s grand Gala event marked the categorical success of the 2011 regional convention. We were challenged by the call to action from our distinguished keynote speaker Charles Tucker, Esq. We celebrated the victories of the winners of Chapter of the Year, and the winners of the regional Thurgood Marshall Mock Trial and Frederick Douglass Moot Court Competitions. After the conclusion of the gala, the evening hit a high point as NEBLSA members danced the night away at our After Dark social event. Even floodlights could not shut the party down.
On Sunday morning, we said our goodbyes over a delicious breakfast. The current NEBLSA board convened with the newly elected officers, and office hopefuls, to engage in fellowship, exchange information and prepare them for the year ahead.
Thank you for being a part of NEBLSA, and for your attendance at this benchmark event. We look forward to seeing you next year at the Renaissance in White Plains, NY as NEBLSA continues its tradition of excellence!
In NBLSA Love,
Shetera PattersonNortheast Regional Chair, 2010 – 2011University of Connecticut School of Law J.D. Candidate, Class of 2011
Congratulations to the 2011–2012 NEBLSA Executive Board
Regional Chair – Kendra Brown, Vermont Law SchoolRegional Vice Chair – Nyasha Foy, New York Law
SchoolRegional Treasurer – Shameeka Quallo, Rutgers School
of Law - NewarkAttorney General – Lillian Green-Gray, Western New
England College of LawNew York Metro Sub-Regional Director – Husain Gatlin,
Seton Hall Law SchoolConnecticut Sub-Regional Director – Camille Patterson,
University of Connecticut School of Law
Open Positions on the board remain. Please contact Kendra Brown at northeast@nblsa.org if interested.
2010-2011 Regional Chapter of the Year
First Place: Harvard Law School
Second Place: Touro Law Center
Third Place: Vermont Law School
Regional Thurgood Marshall Mock Trial Competition
First Place: Harvard Law School Ieesha Murphy, Anthony Hendricks, Mostafa Abdelkarim
and Nneka UkpaiSecond Place: Harvard Law School
Chuck Redmond, Jamila Hollins, Richard Young and Jamadi Bluford
Third Place: Massachusetts School of LawJamaal Johnson, James Ezeigwe, Candace Robinson,
Morjietta DerisierBest Advocate Award: Harvard Law School
Richard Young
Regional Frederick Douglass Moot Court Competition
First Place: Boston College School of LawCarmelia Estriplet and Philip Cheng
Second Place: Columbia Law School Funmi Showole and Andrew Tutt
Third Place: Columbia Law School Martine Forneret and Nancy Cruz
Best Petitioner Brief Award: Columbia Law School Jason Georges and Jason Anton
Best Respondent Brief Award: University of Buffalo School of Law
Matt Musial and Anant Kishore
Best Oral Advocate Award: University of Buffalo School of LawCorey Forster
27 | The Legal Pad
This year, the Rocky Mountain Black Law Students
Association’s Regional
Convention was held at the St. Anthony Wyndham Hotel and
Saint Mary’s University in San Antonio, Texas from February
9-13, 2011. We were very
excited to work with St. Mary’s University as the host school of
the Convention. RMBLSA’s Regional Convention brings all of
the region’s chapters together
each year for competitions, community service, team building, spiritual enrichment, and a host of networking events that link professionals of diverse interest.
This year’s convention provided great opportunities for members to serve, compete,
network, and be edified through the various workshops. As the Rocky Mountain Region
also hosted this year's National Convention, our
Regional Convention set the tone by showcasing the
talent and support of our
members. The convention included events such as
the Regional Moot Court Competition, the Regional
Mock Trial Competition,
community service events, and workshops that
featured practitioners with tremendous knowledge in
their respective fields. Some of the workshops presented were entitled: Texas Bar
Informational; Tailor Made; State of the Black Attorney; I want to be Published!; Endless Possibilities; Family & Career Trajectories; and The Endangered Black Male. The
workshops provided regional members with opportunities to learn from and interact with knowledgeable practitioners.
Further, the theme of this year’s Convention, “Standing Taller than the Rockies,” reflects the manner in which RMBLSA members impact their respective communities. As future R
ocky
Mou
ntai
n R
egio
n B
LSA
Convention Highlights
28 | The Legal Pad
The convention concluded with the
awards banquet on Saturday. During the awards banquet, we announced
the winners of the Mock Trial, Moot Court and Chapter of the Year
competitions. We also introduced the
new regional executive board to the members of the region. Our keynote
speaker for the banquet was Vice-President Andre Hampton of St. Mary’s
University.
Mr. Hampton was appointed as Vice-President of Academic Affairs in
February 2010 after 16 years of service at St. Mary’s University as a law
professor. He has served as President of the Board of Directors of the Dispute Resolution Center in Travis
County, Co-chairman of the Subcommittee on Funding and Legislation for the State Bar Alternative Dispute Resolution Committee, and was Vice-President of the Board of Directors of the People’s
Community Clinic in Austin, Texas.
Vice-President Hampton
reflects one that has stood and continues to stand taller than
the Rockies through his actions and accomplishments. We
were excited about his
willingness to speak at the awards banquet and RMBLSA
took pleasure in honoring him.
It was great seeing you in San
Antonio! “BOOM!!”
In RMBLSA love,
Andre Bennin
RMBLSA Chair, 2010-2011
National Black Law Students Association
29 | The Legal Pad
The second week of January
2011 marked the culmination of the Southern Region of the
National Black Law Students A s s o c i a t i o n ’s ( S R B L S A )
calendar of events with the 40th
Annual SRBLSA Convention. With the hills of North Carolina
as the backdrop, members descended upon Raleigh and
the Norman Adrian Wiggins
School of Law at Campbell University, the host of this year’s
convention. Inspite of the inclement weather, members engaged in community service activities, advocacy competitions, panel discussions and ultimately the business of
SRBLSA. The work done at this year’s convention truly embodied the theme,
“Empowerment through Involvement.”
Our keynote speakers, Willie Gary, Congressman Cedric Richmond (D-LA), and National Bar Association President-Elect Darryl Parks, promulgated this year’s theme with every
message. Each articulated the reasons they continuously interact with their community.
“Sometimes it is as simple as being a coach,” said Congressman Cedric Richmond (D-LA).
SRBLSA kicked its Convention off with three service events, to actively demonstrate its
commitment to the community. The first event, “Stop Hunger Now” is a global initiative
that provided members an opportunity to feed impoverished communities. “The importance of giving to those less fortunate than us is something that we should do every
day,” said Jamie Davis, 2010-2011 SRBLSA Vice- Chair. During the second event, members participated in the Jaycees Parks Beautification Project, providing a helping
hand to Raleigh’s Parks and Recreation Service. “The way our communities look, but
more importantly how [they are] perceived, should exude a sense of pride and dignity. It is the little things that make the difference,” remarked Antoine Floyd. The advocacy group
spearheaded the final community service event at the C.A. Dillon Youth Development Center, which was focused on youth mentorship. 2010-2011 SRBLSA Attorney General,
Shari Graham, along with other members, took this opportunity to work with students on
personal statements and resume building in furtherance of SRBLSA’s Jail House to Schoolhouse cornerstone advocacy initiative. Every convention participant left their mark
on the Raleigh community in furtherance of NBLSA’s mission.
Sou
ther
n R
egio
n B
LSA
Convention Highlights
30 | The Legal Pad
The activities did not stop there. With a myriad of
workshops scheduled throughout the Convention
weekend, participants enjoyed panelists including the National Bar Association’s President-Elect –
Daryl Parks, in “Hanging Your Own Shingle,” NAACP 40 under 40 award recipient – Ted James, in “Public
Interest in Your Community,” and distinguished
professor and Associate Dean at North Carolina Central University Law School – Irving Joyner, in
“Race & Gender in the Legal Profession.”
The workshops were both engaging and informative, according to Southern University Law student, Daniel
Druilhet. Traditional workshops centered on the guidance and development of members in the legal profession, were juxtaposed with other workshops exploring of
non-legal careers and personal financial planning. Graduate Leverage Advisors also shared its
knowledge on how to tackle the mountain of law
school debt that awaits us all.
“The big picture is rarely talked about. The beleaguered legal market graduates face
highlights the importance of the job search and
how it affects your student debt,” said Van Freeman, 2010-2011 Southern Regional Chair.
To assist members from the Southern Region in
their job search, the Convention welcomed various employers from New Orleans, Louisiana to Washington, D.C.
A few employers, who were unable to make it to Raleigh, conducted student interviews from their office via video conference.
Students took advantage of the Convention’s job fair, and many more benefited from the work done during
plenary. Aside from annual reports delivered by the SRBLSA executive board, delegates ratified a new SRBLSA
Constitution and adopted two amendments to the SRBLSA Bylaws. The new Constitution was drafted as part of the national initiative to ensure the organization’s long-term stability. Moreover, the delegates elected a new
executive board. Only three-balloted positions were left open for incoming chair, Jamie Davis, to fill. This is a great improvement from last year when the newly elected board only consisted of three members.
Additionally, the faculty and staff at Campbell University Law School rolled out the red carpet for the competition participants. They made this year’s competitions an experience to remember.
31 | The Legal Pad
The 43rd annual Western Region Convention was held in Las Vegas, Nevada from January 19-23, 2011 at Bally’s Las Vegas. Under the theme, “Uniting the West, ” the Western Region Convention was designed to address the needs of diverse law school students in California, Washington, Oregon, Nevada, Arizona, and Hawaii. The Convention featured workshops on: Opportunities in the Legal Field; Managing Your Law School Debt; Getting Ahead in a Recovering Economy; Exploring the Juvenile Justice System; Intro to the Bar; Succeeding in the Workplace; and Legal
News: Litigation to Watch in 2011.
The Thurgood Marshall Mock Trial Competition and the Frederick Douglass Moot Court Competitions were held at the University of Nevada, Las Vegas’ (UNLV) William S. Boyd School of Law. WRBLSA congratulates the following schools who sent teams that advanced to the final rounds of the respective competitions at the 43rd National Convention on March 9-12, 2011:
Thurgood Marshall Mock Trial CompetitionUC Berkeley, Boalt Hall School of Law; Seattle University School of Law; and UCLA School of Law
Frederick Douglass Moot Court Competition: Southwestern Law School; UNLV William S. Boyd School of Law; and UCLA School of Law
In addition to the workshops and competitions, the Convention also featured study hall sessions; a welcome reception hosted by the chair; a student and alumni reception; a night out at LAX in the Luxor Hotel; a judicial luncheon; tradition of service luncheon; community service event; and the Awards Gala. WRBLSA congratulates the 2010-2011 WRBLSA Chapter of the Year, Southwestern School of Law; Member of the Year, Elisabeth Flemmings of UNLV; and Board Member of the Year David Brown, of Southwestern School of Law.
We look forward to seeing all WRBLSA members at our upcoming regional convention, slated for January 2012, in the beautiful Pacific Northwest! Please visit www.nblsa.org/western for the most up to date information.more information.
Wes
tern
Reg
ion
BLS
A
32 | The Legal Pad
Chapter SpotlightRECOGNIZING CHAPTERS THAT SERVE THEIR COMMUNITIES WITH EMPOWERING PROGRAMMING
33 | The Legal Pad
At the University of Tennessee, our students and graduates always strive for success. Kimel Fryer, Advertising & Marketing Chair at the UTK BLSA chapter, asked Trenton Poynter, 2010 law graduate, some questions about his new life as a lawyer and how BLSA has prepared him for the legal work field.
Kimel Fryer (“KF”): Hello Trenton. Where are you working now?
Trenton Poynter (“TP”): I work at the Waller Lansden Dortch & Davis firm in Nashville, TN. I specialize in the healthcare regulatory practice area. We mainly assist healthcare corporations that own facilities in complying with healthcare regulations.
KF: How is life at a law firm?
TP: Life is great. I chose the Waller Lansden firm, because I felt like I had the best opportunity to grow as an attorney there. The people are great, everyone from the managing partner to the paralegals. Most importantly, the firm is the leader in healthcare in Nashville, TN. I strongly believe it to be the best and you have to be a part of the best.
KF: Why did you choose to go to the University of Tennessee College of Law?
TP: The University of Tennessee was the best value in regard to the level of education, its reputation in the Southeast region, and its low cost. Regardless of the school, once you place yourself in a position to do well in law school, the options are limitless. I work with people who graduated from places like Harvard Law School and Vanderbilt, but here we are at the same firm getting the same amount of work.
KF: Was being in BLSA beneficial to you while in law school?
TP: Yes it was. You have to be an active member of BLSA to get something out of it. My second and third year I became more active. Soon afterwards, I became more aware of issues black students face and more passionate about attacking those issues. I also formed relationships with other leaders in the school. Being an active member in BLSA gives you a certain amount of respect from the school. I think everyone should be involved.
KF: Is there anything you gained from BLSA that has affected you outside of law school?
TP: Absolutely. Regardless of how well you do in law school, what job you have, how much money you get, it means nothing if you do not attempt to reach back and help those who need it. A lot of black students come in not knowing a lot of attorneys. We usually do not have anyone to model ourselves after, but older BLSA students were role models to me. BLSA is about the betterment of the student body. If you don’t help, what are we really doing?
KF: What advice can you give to BLSA students?
TP: For first-year law students, put your nose down in your books! Learn as much as you can. The sky is the limit, but for now you have to learn the fundamentals. For second-year students, if you do not have all of the job opportunities you want, you can still get them and reach those goals. The path will be harder, but you can get there. Make sure you have a game plan and stick to it. Finally, for the third-year law students, by this time you are near the end of the road. If you have a job, great, but you do not, you have to figure out what you want to do and how you’re going to get there. At the very least, you will have a JD, so there should be some opportunities available.
Pictured Above: Trenton Poynter received his Juris Doctorate, cum laude, from the University of Tennessee College of Law. He was an editor of Tennessee Law Review, Directed Materials Editor of Tennessee Journal of Law & Policy, and 2009-2010 President of BLSA. He received his B.S. in Political Science from Middle Tennessee State University in 2007.
University of Tennessee BLSA
34 | The Legal Pad
The Black Law Students Association (BLSA) at St. John’s
University School of Law had an impressive public service
agenda this year. The chapter’s motto is to “promote ideas,
facilitate diversity, and generate societal progression.” Throughout
the school year, the St. John BLSA chapter has been incredibly
active in the community, participating in a number of diverse
projects.
BLSA started off the fall semester with a “We Will Not Forget
Haiti” bake sale on September 7, 2010. The fundraiser,
spearheaded by BLSA President, Nneka Martin, and Director of
Community Relations and Educational Affairs, Dominique Saint-
Fort, assisted Haitian citizens impacted by the catastrophic
earthquake. The chapter also collected vitamins and nutritional
agents to ship to Haiti. Additional service events included
participation in the Breast Cancer Awareness Walk and the
annual clothing drive to assist the homeless population in New
York City.
In an effort to promote legal education and increase diversity in
the legal field, the Community Relations and Educational Affairs
Committee created two distinct programs: The Friends of Island
Academy Program, and the Mentoring Program at August Martin
High School. The Friends of Island Academy is an organization
that works with youth in the juvenile justice system and provides
counseling, GED prep courses, and prepares the incarcerated
youth for college. On Friday November 5, 2010, the chapter
collaborated with the organization and its students to conduct a
mini-mock trial. There were four participants who were paired in
two groups; one pair representing public defenders and the other
pair district attorneys. The students were presented with a fact
pattern that listed various witness statements, the issue, and the
law that governed the issue. Chapter members prepared youth
on both sides for the trial. The issue was whether a high school
student committed petty theft. Chapter members emphasized
the importance of oral advocacy and how to use the facts to
support each side. This program provided students with an
opportunity to learn about legal practice, specifically litigation.
In addition to The Friends of Island Academy Program, BLSA
began its mentoring program with August Martin High School's
Business and Law Academy on October 22, 2010. Chapter
members introduced high school students to the college
admissions process. Chapter members presented information on
filling out a FAFSA, obtaining letters of recommendation, and
writing the required personal statement. The mentoring program
is for seniors and runs throughout the school year. In future
meetings, members will discuss choosing the right college,
selecting a college major and exploring possible career paths.
Furthermore, members will conduct various mock trials to teach
and expose the students to the legal system. Additionally, the
chapter will participate in the “adopt a classroom” initiative where
members will rotate different senior classes so that all students
will receive the benefit of this wonderful opportunity. With the
mentoring program, each student will be assigned a BLSA
mentor who will guide them and aid them with their journey to
college. Chapter members will provide information on college
scholarships, grants, and programs like the Ron Brown Scholar
Program that awards minority students scholarships for college
as well as mentoring opportunities.
Overall, the St. John’s BLSA chapter has had an
extremely active and successful year promoting academic
success, diversity, and leadership skills in the law school and the
community.
St. John’s University BLSA
35 | The Legal Pad
William S. Boyd School of Law at the University of Nevada, Las VegasSpeaker Dr. Edgar S. Cahn Time Banking: Strengthening Communities through Reciprocity
Dr. Edgar S. Cahn has developed the concept of time banking. The time banking system
encourages assistance and cooperation by rewarding community service with Time Dollars.
Every hour spent helping another person out results in a Time Dollar. These Time Dollars
can be spent having someone in the community help you with your needs. This simple
concept has a strong effect on the community. Many Time Dollar initiatives have been
funded by the government and other philanthropic institutions and has been applied in such fields as juvenile justice, community health care education, community building, elder care,
and wrap around services for children with emotional disorders. Dr. Edgar S. Cahn would like to
extend his time banking concept to be used in Clark County's juvenile justice system.
Congratulations NBLSA Chapter Grant Recipients
Western New England College School of LawNational Black HIV/AIDS Awareness Day Event
The City of Springfield Commissioner of Health and Human Services was the guest speaker.
Commissioner Caulton-Harris is a tireless supporter of HIV/AIDS prevention and education in
the city. Her department runs clinics on a regular basis and provides residents with various
programs that assist in healthful living. We provided educational materials on prevention,
protection and living with the diagnosis.
36 | The Legal Pad
DePaul University School of LawLaw Day for High School StudentsThe event provides an opportunity for high school students from the city of Chicago to
experience law school for a day. This year, Law Day will be held on Friday, April 1, 2011 from
8:30am to 3:00pm. Law Day provides great exposure as well as a wonderful opportunity to
network with a wide range of students and professional in the Chicago legal community.
Member SpotlightRECOGNIZING STUDENTS WHO LEAD IN SCHOLARSHIP AND SERVICE
37 | The Legal Pad
MABLSA Regional Convention Community Service
With great pleasure and pride, RMBLSA introduces its National
Member of the Month, Marquia Johnson. Ms. Johnson, a native
of Oklahoma City, OK, attended The University of Houston,
where she received a Bachelor's Degree in Sports Medicine
and Kinesiology. While in college, she was active on campus as
well as in Houston's Third Ward community.
Ms. Johnson became interested in law after watching the
struggles of her grandfather as a small business owner. As an
aspiring business lawyer, she hopes to help small business
owners understand the legal aspects of contract negotiation,
employee relations, and compliance with state and federal
regulations. In pursuit of this interest, she returned to her hometown to attend Oklahoma City
School of Law.
During the fall of 2009, Ms. Johnson realized that she was one of only nine black students in
the entering class. In response to this realization, she joined various organizations and made
herself readily available to deans. She also became the Vice-President of her BLSA chapter.
This year as a 2L, Ms. Johnson leads her BLSA chapter as Chapter President. The
Oklahoma City School of Law BLSA chapter has seen its membership double this year under
her leadership. More chapter-sponsored events are available to the student body, and a
relationship between the law school and undergraduate campus has been fostered.
Additionally, the number of programs sponsored and co-sponsored by BLSA has increased,
as well as the chapter's service projects in the Oklahoma City community.
Ms. Johnson's current goals for the chapter include rebuilding relationships between the
current OCU BLSA members, OCU alumni, as well as members of The University of
Oklahoma BLSA chapter. She hopes to inspire future presidents of OCU BLSA to build upon
the chapter's foundation and continue to take the chapter to higher heights and deeper
depths.
Not only is Ms. Johnson active on her campus, she is also active in her community. She
volunteers with the Southwest Urban Development Legal Aid Society in Oklahoma City.
RMBLSA Member
Marquia Johnson
Mem
ber o
f the
Mon
th
38 | The Legal Pad
With great pleasure and pride, MABLSA
introduces its National Member of the Month -
Sharron Williams. Ms. Williams was born and
raised in Philadelphia and is a product of the
Philadelphia Public School System. She is an
only child and learned the value and
importance of hard work at an early age.
Ms. Williams received her Bachelor of Arts
from West Chester University in 2000 and later
returned to the Philadelphia Public School
System in 2005 to serve as a Special
Education Teacher. While in college, Ms.
Williams had the honor of receiving the Who's Who Among Students in American Colleges and
Universities Award. She always knew that she wanted to pursue a legal career from a very young
age, but decided to take a different path after graduating from college. Ms. Williams
experimented with various careers to ensure that a legal career was what she really wanted. As it
turned out, every career that she tried pulled her closer to the law. In every position she held, she
found herself always questioning various policies or rules and thinking of ways to improve them.
In 2009, Ms. Williams finally decided to act on her passion for helping others by pursuing her law
degree. She enrolled in Rutgers University School of Law.
Ms. Williams is a member of her school's BLSA chapter and currently serves as secretary. In
2010, she chaired the chapter's Annual Safe Halloween event, which drew over 275 children.
The program provided a safe alternative to trick-or-treating for the children in the community. As
a member of Alpha Kappa Alpha Sorority, Inc., she has had the opportunity to serve in various
leadership roles, and has had the privilege of empowering not only herself, but the minority
community by improving both her leadership and interpersonal skills through various service
programs.
MABLSA Member
Sharron Williams
Mem
ber of the Month
39 | The Legal Pad
It was with great pleasure that the National Black Law Students
Association and MWBLSA introduce the National Member of the Month
for December, Ms. Donesha Peak. Donesha is a Cleveland, OH native
and attended Cleveland State University as an undergraduate and
graduate student. She received a Bachelor of Science in Health Sciences
and a Master's in Business Administration from the Nance College of
Business. In addition to her academic pursuits, Donesha obtained her
Real Estate Sales Certificate from Hondros College in Independence, OH.
After receiving her M.B.A., Donesha began her legal education at the
Cleveland-Marshall College of Law at Cleveland State University.
Donesha is currently a 2L at Cleveland-Marshall and serves as the
Corresponding Secretary for her local BLSA chapter. In this capacity, Donesha remains connected to
her chapter's membership through service. She ensures that her chapter is kept abreast of events
within the law school and Cleveland's legal community as well as news from NBLSA and MWBLSA.
Additionally, Donesha served as the local coordinator for the MWBLSA Academic retreat hosted by
her chapter. The event was one the most successful and well-attended retreats in recent MWBLSA
history, due in no small part to the hard work of Donesha. Donesha worked tirelessly with the
MWBLSA Executive Board to plan and coordinate an event that was beneficial to all in attendance.
Donesha has also taken on the rewarding work of revitalizing her school's College Student Division
(CSD) and reached out to undergraduates on her chapter's behalf. Now, the school's CSD is
experiencing more active undergraduate participation. In addition to her commitments to BLSA,
Donesha has volunteered with the Boys and Girls Club of Cleveland and works as the Gift Planning
Legal Intern for the Cleveland Clinic Foundation. In her free time, Donesha enjoys spending time with
her family, getting to know new people, helping others, attending church, reading business
magazines, and listening to music.
Upon completing her law degree, she would like to pursue a career in business law with a focus in real
estate law, tax, and estate planning.
.
MWBLSA Member
Donesha Peak
40 | The Legal Pad
Mem
ber o
f the
Mon
th
Sandy Brown Memorial Scholarship
1st PlaceWilliam England, Barry Law School
2nd PlaceCarol Celestine, University of Illinois Law School
3rd PlaceObiajulu Chuku, Willam & Mary School of Law
Congratulations NBLSA SCHOLARSHIP RECIPIENTS
Randy Pulliam Memorial Scholarship
1st PlaceDebrechea Hopkins, Florida State School of Law
2nd PlaceAnn M. Kariuki, University of San Francisco School of Law
3rd PlaceKelvina Wiley, TSU Thurgood Marshall School of Law
NBLSA Most Outstanding Student Award
1st PlaceAnn M. Kariuki, University of San Francisco School of Law
2nd PlaceJohn Hurtson, San Francisco Law School
3rd Place Percy King, Florida A&M Law School
41 | The Legal Pad
Nelson Madela Scholarship Award for Pre-Law StudentsMonique Tate, Spelman College
Brian Gerrard, University of Virginia
Lola T. Oduyeru, University of Missouri-Kansas City
42 | The Legal Pad
In a Child’s Best Interest
As it stands, a number of states do not
punish minors who purchase, possess, or use tobacco products.1 Typically, a
business owner, manager, or clerk who
provides the product is subject to
sanction (and may suffer suspension or
revocation of their tobacco license in
states that require licensure). 2 When
consequences are not in place for a
minor’s actions, the usual result is no
change in behavior because nothing
occurs to influence that change. In a juvenile system designed to protect
minors and perpetuate the idea of
rehabilitation instead of criminalization, an
argument should offer the minimization, if
not complete end, to minor use of
tobacco products. Because of the various
mental and physical hazards that tobacco
usage impresses upon a person, the most
appropriate means of confronting this
ever-growing problem in our society would entail all state legislatures imposing
criminal punishment upon minors who
purchase, possess, or use tobacco, and
the adults who tend to supply it.
Policy Considerations In Favor of
Punishment of Minors
Tobacco use is charged as being the
single largest cause of preventable death in the United States.3 Cigarette smoking is
responsible for more than 400,000
premature deaths per year and reduces
the life expectancy of smokers by an
average of fourteen years.4 This total
exceeds the death toll of HIV/AIDS,
substance abuse, motor vehicle collisions,
suicide, and homicide combined.5 The
World Health Organization (WHO) calls
tobacco “a human rights issue,” and argues that under Article 3 of the United
Nations Convention on the Rights of the
Child, nations are legally bound to ensure
that children can enjoy protection from
tobacco.6
Though all states prohibit the sale of
tobacco products to persons under
eighteen,7 smoking by children remains a
huge problem within our society. Each day about 3,600 adolescents between the
ages of twelve and seventeen begin
cigarette smoking, and about 1,100
young people become daily cigarette
smokers.8 Children and adolescents who
smoke regularly experience an immediate
general decrease in physical fitness;
Member
Submissions
Submitted by
Ebonie L. Byndon-
Fields
Please note: This is an
editorial. The opinions
expressed in this article
do not necessarily
reflect the views of
NBLSA
43 | The Legal Pad
Remedying Tobacco Use Among Minors
respiratory symptoms such as coughing,
phlegm, wheezing, and dyspnea; impaired lung growth; and early onset of
declining lung function during childhood
and adolescence.9
If for no other reason, other than the fact
that smoking can cause significant health
problems for minors that can continue
into adulthood, punishment should be
used as a mechanism to assist in
deterring this unhealthy, life-reducing behavior employed by youth. Essentially,
the sanctions are for their own good.
However, pr ior to handing down
punishment to youth, it is equally sufficient
to look more closely into the responsibility
taken by parents (or not taken) for their
child’s actions. Granted, when the
circumstances involve a teenage minor
that has more freedom, operates from an
independent frame of mind, and the ‘I will do what I want to’ modus operandi,
faulting a parent is more difficult.
Nevertheless, when the circumstances
involve a much younger minor, the
parents arguing lack of knowledge as a
defense becomes questionable, as this
could relay signs of neglect.
From a const i tut ional f ramework,
parenting is deemed a protected and fundamental right which shall remain free
of government interference10 until the
notion of ‘best interest’ necessitates the
need for the government to step in and
act as parens patriae.11 If parents were
doing a better job at regulating the
behavior of their youth, then there would
be no reason for government intervention
to correct this societal issue. The most
fretful and unfortunate reality includes circumstances where parents are smoking
with their children, thus promoting and
encouraging their illicit use of tobacco
products.
Even more disturbing are the overly
sensationalized media cases of parents
providing cigarettes to children as young
as two years old. The most nationally
noted case was that of a two-year-old Indonesian boy who had a forty cigarette
per day habit.12 Additionally, there has
been a case of a mother who gave a
marijuana-laced cigarette to her infant
daughter to smoke and posted the child
smoking it on Facebook.13 When parents
are the contributing factor to the problem,
44 | The Legal Pad
as in these situations, there should be
statutory punishments in place for the parents as well.
Realistically, the majority of instances
exist where youth are freely partaking in
smoking on their own, sometimes
attributed to pressure by peers and the
instinctive desire to fit in. The 2009
National Youth Tobacco Survey released
by the Centers for Disease Control and
Prevention provides evidence that the United States has made dramatic
progress in reducing youth smoking, but
the rate of decline has slowed significantly
in recent years.14 Decreased commercial
ads against tobacco use by minors, likely
due to the status of our overall economy
at this time, may have attributed to the
decline. Despite minimum age laws in
every state, children frequently purchase
cigarettes in retail establishments.15 In 2007, the U. S. Centers for Disease
Control and Prevention found that 16% of
high school student smokers obtained
c iga re t t es by buy ing them i n a
convenience store, supermarket, or
discount store.16
Unless state laws instill harsher penalties
upon youth who are proactive in the illicit
use of tobacco, not much will change.
Some parenting values relay the idea that children must learn from their mistakes,
but in these circumstances where learning
can result in serious health problems and
even worse, death, it would be adverse to
the sustainability of minors to allow them
to tear up their bodies in hopes that they
will learn from their mistakes on their own.
With this said, the best way to ensure that
children take some ownership of their
behav io r wou ld be to impose a punishment. Plausible forms of penalty
could include mandating rehabilitation
services given the addictive nature of
nicotine and counseling; for repeat
offenders, some form of court mandated
community service, preferably in an
environment that would highlight the
detrimental effects of cigarette smoking.
Though likely to be less favored, detaining
the minor in a youth facility could also be useful for repeated offenses of this nature.
Policy Considerations Against Punishment
of Minors
Many states have implemented laws on
possession, use and purchase of tobacco
by minors.17 These laws have been put
45 | The Legal Pad
i n to p lace f rom tobacco cont ro l
advocates, unbelievably with very little support, partly because of l imited
evidence for effectiveness and partly due
to philosophical concerns about the use
of punitive approaches in shaping
behavior.18
The assumed deter rent e ffect o f
punishment is to influence future behavior
of the offender who is being punished, to
influence other potential offenders directly or indirectly observing the punishment, or
both.19 Punishment can result in the
recipient taking more care to avoid
detection and apprehension rather than a
change in the offending behavior,
especially if the behavior is deemed unfair.20 A number of studies have found that
punishment actually increases offending
behavior in social out groups.21 Thus,
punishment may have counterproductive effects from those intended.22
Most of all, punishment is more likely to
act as a deterrent if the punisher has a
close affectionate relationship with the
offender, as opposed to the relationship
being distant and impersonal.23 Thus,
where punishment is delivered on behalf
of the community—by legislative means, its effects will be influenced by the degree
of bonding between the offender and
society.24
A minor who possesses, uses, or
purchases tobacco is considered to be in
violation of a status offense. However, in
almost all jurisdictions, a status offender
who violates a court directive not to
engage in further unlawful conduct (i.e., use of tobacco) can be converted into a
delinquent simply by engaging in further
conduct that of itself is not criminal, and
may then be incarcerated, which arguably
is unjust.25 These same offenders are
sometimes faced with being in detention
with other young people who have
committed more serious crimes, and it is
arguable that leaving a minor who
committed a small offense in detention with a minor who committed a serious
one could ultimately set that minor up for
becoming an even more savvy criminal by
the time they are released. On the
‘Tobacco Free Kids’ website26 there is a
bulleted list of concerns with youth-
46 | The Legal Pad
penalty laws when it comes to possession,
use and purchase of tobacco:
• Establishing new youth penalties
can divert the police from their
efforts to stop retailers from illegally
selling tobacco products to kids.
• Laws that penalize children for
possession of tobacco products
that are not strictly enforced can
breed disrespect for the law by
young people, thereby having a
negative effect.
• Youth penalty laws sometimes make
it extremely difficult to enforce the
laws forbidding tobacco sales to
kids because they make it illegal to
use underage buyers in "sting"
operations to identify retailers that
knowingly sell to kids (which is the
most effective way to catch these
lawbreaking retailers).
• These laws subject underage smokers to hundreds of dollars in
fines, court hearings, and even jail
time. Prosecuting young kids in this
way is clearly excessive.
• Virtually all of the new youth-penalty
laws fail to ensure that teens already
add ic ted to c iga re t tes have
somewhere they can go to get help quitting. In fact, most of the laws do
not even give addicted underage
users who violate the law the option
of entering a formal cessation
program. This focus on punishing
underage addicts rather than
helping them get the treatment and
assistance they need to quit is not
only mean-spirited but medically
foolish.
Valid in its rationale, the website addresses
many critical issues that can arise through
punishing minors for their use of tobacco,
however the question still remains whether
these public policy implications outweigh
the health disparities that can arise amongst
youth as they progress into adults from their
habitual use of tobacco. Though legislation
cannot single handedly stop all youth from
partaking in tobacco use, it can lead by way of example through laying out regulatory
guidelines in an attempt to control the issue
on a state-by-state level. Parents should be
provided with as much control as possible
when it comes to modifying the behaviors of
their children, but at the same time, and as
mentioned earlier, the government reserves
47 | The Legal Pad
the right of interference when the question
becomes, what is in the best interest of a child. Most people understand that children
operate on consistency and firmness, and
the lack of one or both elements can result in
a child becoming even more unruly and even
more oppositional to the goals at hand. Thus,
state government at the very least should
increasingly act as parents by implementing
tougher statutes and laws to address the
issues created by a minor’s use of tobacco
products. Even if this means handing down stiff penalties and harsh punishment, then so
be it—in the end, it is for the child’s own
good, and more importantly in a child’s best
interest.
1 Elders, Joycelyn, Preventing Tobacco Use Among Young People: A Report of the Surgeon General, available at http://books.google.com/books?id=4wsPXwYvR24C&pg=PA256&lpg=PA256&dq=states+that+impose+penalties+on+minors+who+use+tobacco&source=bl&ots=JVtNlquOst&sig=R47o69EjVS0RFaqQTxyjnvap9W4&hl=en&ei=WRYxTbuJIM G b l g e 6 o -CnCg&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBsQ6AEwAA#v=onepage&q&f=false (last visited on January 14, 2011).2 Id.3 Abrams, Douglas, Children and the Law: Doctrine, Policy and Practice 927 (4th ed. 2010).4 Id.5 Id.6 Id. at 930.
7 Id.8 Abrams, supra note 3, at 930.9 Id.10 See Meyer v. Nebraska, 262 U.S. 390 (1923). 11 Latin for parent of the nation. Referring to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection.12 The Early Show, available at http://www.cbsnews.com/stories/2010/09/02/earlyshow/living/parenting/main6828957.shtml (last visited November 16, 2010).13 Matyszczyk, Chris, Mom Posts Pic of baby with bong on Facebook, June 25, 2010, available at http://news.cnet.com/8301-17852_3-20008889-71.html (last visited November 16, 2010).14 PR Newswire, available at http://www.prnewswire.com/news-releases/another-cdc-survey-finds-youth-smoking-declines-have-slowed-underscoring-need-to-step-up-tobacco-prevention-efforts-101570668.html (last visited November 16, 2010).15 Abrams, supra note 3, at 928.16 Id.17 Wakefield, M., Teen penalties for tobacco possession, use, and purchase: evidence and issues, available at www.tobaccocontrol.com (last visited November 16, 2010).18 Id.19 Id.20 Id.21 Id.22 Wakefield, supra note 17, at www.tobaccocontrol.com (last visited November 16, 2010).23 Id.24 Id.25 Id.26 www.tobaccofreekids.org
National Black Law Students Association1225 11th Street, N.W.
Washington, D.C. 20001
T 202-618-2572
F 202-280-1106www.nblsa.org
NBLS
A LE
GAL
PAD
Recommended