Due Process Issue #1 2013-2014

DUE PROCESS | NEW ENGLAND LAW | BOSTON SEPTEMBER 30, 2013

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NEL|B Holds Supreme Court ReviewAshley Mann, 16

! On Tuesday, September 14, 2013, New England Law | Boston held its fourth annual Supreme Review: The High Courts Historic 2012-2013 Term, and discussed headline-making decisions handed down by the Supreme Court.

The American Constitution Society (ACS) and the Federalist Society partnered to host the event, which featured a panel discussion from Professors Elizabeth Spahn, Stanley Cox, Natashia Tidwell and Peter Karol. Professor Louis Schulze served as moderator. ACS stated that their mission is to engage students in discussions that promote learning outside of the classroom. President of ACS, Kathryn Berry, said, The event went very well, and the professors showed their expertise as always. I was pleased to see students engaging in debate at the end.

The Review gave an in-depth analysis of Supreme Court cases such as: Shelby County v. Holder (Voting Rights Act), covered by Professor Spahn; Molecular Pathology v. Myriad Genetics, Inc., covered by Professor Karol; Maryland v. King, covered by Professor Tidwell; and United States v.

Windsor (Defense of Marriage Act) covered by Professor Cox.

Tackling topics from patents to civil and voting rights, DNA testing upon arrest and same-sex marriage, students were able to discuss their thoughts about the courts decision, what they would have done differently and how these cases impact the law in our society.

A DVD of the review will be available to students and faculty in the library later this fall. ACS hopes to again partner with the Federalist Society as well as other student organizations to promote opportunities for students to engage with each other on pertinent issues that shape the legal system in the United States.

DUE PROCESSFEATURES

NEL|B Events Calendar page 2

A Look Back page 4In the Big Picture of Life... by Tiesha Fields page 4Ethics in Immigration Law by Manmeet Kaur Desai page 5

Hot or Not? by Kim Williams page 5Genes Chinese Flatbread Caf by Nawel Benrabah page 6Supreme Court Recap

by Joseph Sciabica page 6Colored Me by Sheba Varughese page 7 Voice of NEL|B page 9$765 Million for Retired NFL Players

by Maya Kanani page 10What Drives You? by Emmanuel Okharedia page 10Puzzles & Wacky Laws page 11

Photo Courtesy Kathryn Barry

Letter !om the SBA PresidentSam Altiero, 14

Dear Team, Welcome Back! If you just arrived, I welcome you to the team that is New England Law | Boston. We are a team that grows bigger, brighter, and more successful each year. As the 2013-2014 Student Bar Association (SBA) President, I want to make sure that all students, especially the incoming first year students, are prepared for an exciting year. Law school

can be a great deal of fun. But as you know, to be successful you must dedicate yourself to the pursuit of excellence. We are fortunate to be attending an exceptional law school with an administration and faculty second to none in the region. Indeed, your professors are already enthusiastically dedicated to your success. You as an aspiring young lawyer must match and exceed their enthusiasm with your own. As the SBA President I will do all I can to help you with your endeavors while at the same time advancing the Continued on page 3

Message !om Dean OBrien

Welcome to the 2013-14 academic year, and a special welcome to our first-year class members who are not only taking the initial steps in their legal career but also learning first-hand about our special New England Law community.

There are a number of important upcoming events and programs that I want to call to your attention in this and future issues of Due Process. However, I particularly want to highlight the success of a program that just recently concluded.

Summer Fellowship Program

This summer, 80 New England Law | Boston students participated in our new and innovative Summer Fellowship Program, gaining experience and making valuable connections while receiving stipends for 10-week positions. These fellowships are part of our continuing effort to help students become as prepared as possible for the practice of law. Center for Business Law (CBL) placements included real estate, intellectual property, health law, medical malpractice, and insurance defense, among other areas.Continued on page 3


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Mon Tue Wed Thu Fri

Inaugural Meeting (Business Law Society) Room 506 @ 6pm Come find out how to get involved and meet other business-minded law stu-dents! Pizza will be served!

Pink Day (Phi Delta Phi) Dress in your best pink/breast cancer-themed outfit and participate in our best-dressed contest at the Tournament. Winners will be selected at 8pm. Prizes will be awarded to the best-dressed guy and gal. Dodgeball Tournament (Phi Delta Phi / Athletic Committee) Wang YMCA (Chinatown) @ 7:30pm 9:30pm Teams consist of 6 players (2 must be women), and the cost is $6 / person (to be paid the night of the tournament). If you are not already registered, please email Kim Williams at [email protected] to see if there are any open team slots. Inaugural Meeting (Criminal Law Society) Room 303 @ 4pm Come to the first general meeting and meet others with an interest in criminal law.

Boston Regional BLSA Mixer (Black Law Student Association) Rumor (100 Warrenton Street, Boston, MA 02116) @ 8pm 11pm New England Law, Harvard, Suf-folk, Boston College, Boston Univer-sity, and Northeastern University BLSA's come together for a meet and greet social mixer.

BLSA Bake Sale (Black Law Student Association) Lobby @ 12pm 6pm BLSA will be holding a bake sale on Tues-day, October 8th from 12PM to 6PM in the lobby. We would gladly appreciate any help you would be willing to give, either in the form of baked goods or assistance with tabling. Please find sign up sheets on TWEN to help raise funds and volunteer your time with BLSA members!

Movie Night (Environmental Law Society) Room 503 @ 6pm 7:30pm Please join us for a fascinating docu-mentary about current environmental / energy concerns and a brief discussion afterwards!

National Coming Out Day Mixer (OUTLaws) TBD @ 6pm National coming out day is an annual celebration to bring aware-ness to the LGBT community and civil rights movement. We will be celebrating over some free food and invite everyone to join. General Assembly (Phi Alpha Delta) Moot Court @ 6:30pm Open meeting regarding events and information on Phi Alpha Delta MacLean Chapter to the NEL|B Community.

Ebony & Ivy: Race, Slavery, & the Troubled History of America's Universities Book Discussion by Author Craig Steven Wilder Harvard Book Store 1256 Massachusetts Avenue Cambridge MA 02138 @ 7pm Free Admission. "Many of Americas revered colleges and universitiesfrom Harvard, Yale, and Princeton to Rutgers, Williams College, and UNCwere soaked in the sweat, the tears, and sometimes the blood of people of color. The earliest academies proclaimed their mission to Christianize the savages of North America, and played a key role in white conquest. Later, the slave economy and higher education grew up together, each nurturing the other. Slavery funded colleges, built campuses, and paid the wages of profes-sors. Enslaved Americans waited on faculty and students; academic leaders aggressively courted the support of slave owners and slave traders. Significantly, as Wilder shows, our leading universities, dependent on human bondage, became breeding grounds for the racist ideas that sustained them."

More Than Words Charity Book Drive Send-Off Tabling (Phi Alpha Delta) Stuart Street Lobby @ 3pm 6pm More Than Words accepts books, DVDs, CDs, & more to benefit the local communi-ty.

Looking Down the Barrel of the Mind: Gun Control and Mental Health (New England Journal on Criminal and Civil Confinement) Cherry Room 9am 12pm 2pm 5pm Fall Symposium on gun control in the context of mental health, with two panels consisting of notable scholars and practi-tioners discussing their diverse view-points on this complicated issue.

Article Submission Due Date (Due Process) [email protected] Submit your articles to be published in the next issue of Due Process! Fall Mixer (Federal Bar Association, Immigration Law Association, International Law Society, Veterans Advocacy Group) Location TBD @ 6pm An opportunity for all interested students to meet and discuss these fast changing practice areas.

Class Registration Help Session #1 (Phi Alpha Delta) Room 503 @ 11am 12:30pm Students helping students to pick classes and navigate NECIN.

Class Registration Help Session #2 (Phi Alpha Delta) Room 306 @ 5:30pm 6:30pm Students helping students to pick classes and navigate NECIN.

Sun

Making Strides Against Breast Cancer (Phi Delta Phi) Lobby @ 8:30am If you want to join members of the school team to attend the walk, please meet everyone outside school at 8:30am, and we will walk over together. For more infor-mation, contact our team captain, Kim Williams at [email protected]. This is co-sponsored with PAD, WLC, SBA & Athletics. Making Strides Against Breast Cancer (Black Law Student Association) Join BLSA members as we make strides against breast cancer on Sunday, October 6th at DCR Hatch Shell. Volunteers are needed at registration tables, survivor and merchandise tents, and to man water stations. For more information, please contact our Community Service Chair, Chanise Brown, [email protected].

Sat

International Bar Association Annual Conference (International Law Society) Hynes Convention Center The largest gathering of the international legal community in the world a meeting place of more than 4,500 lawyers and legal professionals from around the world (www.ibanet.org/conferences/boston2013.aspx)

Battle of Boston Softball Tournament (Athletic Committee) Joe Moakley Park South Boston @ 8am 4pm Law school softball tournament between Boston area schools. Harpoon Brewery Tour (Phi Alpha Delta) Stuart Street Lobby @ 2pm $5 ticket gets you a diverse tasting of local brews.

Dress for Success Volunteer Event (Art and Fashion Law Society) Dress for Success Boston Head-quarters @ 9am 4pm Dress for Success is a world-wide foundation promoting economic independence of disadvantaged women and they need volunteers for their annual sale!

NEL|B Events Sept. 30 - Oct. 25

International Law Weekend (International Law Society) Fordham Law (NYC) This annual conference attracts an audience of more than one thousand practitioners, academics, diplomats, members of the governmental and nongovernmental sectors as well foreign policy and

law students who are learning about the range of practice and career opportunities." (www.ila-americanbranch.org/intl_law_wknd.aspx)

International Bar Association Annual Conference (International Law Society) Hynes Convention Center

The largest gathering of the international legal community in the world a meeting place of more than 4,500 lawyers and legal professionals from around the world (www.ibanet.org/conferences/boston2013.aspx)


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Message from Dean OBrien from page 1Center for Law and Social Responsibility (CLSR) placements offered law students the opportunity to work with practitioners with a public interest focus.

At a time when the legal employment market is highly competitive, were proud that the school devised a creative way to provide a large number of students with opportunities to gain meaningful experience and to earn money while doing so. Feedback from hosts and students has been exceptionally positive and indicates that the program was a great success. We are fortunate that the Board of Trustees funded this program and that Professors Mark Bobrowski, Peter Manus, and David Siegel, under the leadership of Associate Dean Victor Hansen, committed so much time and energy to making it a success. The faculty and we in the Office of the Dean are reviewing the programs results and soon will share more information about its future. Meanwhile, I encourage participants in the program to tell others about their experiences this summer and to spread the word about the Summer Fellowship Programs wonderful opportunities.

Boston Bar Association Student Memberships

New England Law is the only Boston-area law school to offer all students complimentary, one-year memberships to the Boston Bar Association (BBA). This is the fifth consecutive year that we have worked with the BBA to provide this benefit to our graduating students and the first year that we have extended the benefit to other students as well. These memberships are valuable tools that provide students with numerous networking opportunities, particularly with attorneys in the private sector, at regularly scheduled events. Networking events such as these can lead to employment opportunities, and are increasingly important given the legal employment market. Membership also provides other benefits, such as access to BBA resources, programs, events and special discounts. Many students attended our membership reception on Sept. 19 to celebrate the New England Law partnership with the BBA. If you have not already activated your membership, I encourage you to do so as soon as possible at http://www.nesl.edu/students/career_bba_membership.cfm.

Student organization events

The variety of student organizations at New England Law is one of the best examples of our communitys diversity and vibrancy. Already this year, groups ranging from the Animal Law Society to the Womens Law Caucus and many more in between have held their launch meetings and scheduled informative programs and activities. These groups are an excellent way to learn about the law in a different setting, to make new friends, to network, and to participate in the life of the school. Theyre also evidence of a can-do community in which students of varied interests can find like-minded colleagues, pursue shared interests, and make a difference. Please consider participating in one or more of these groups or attending their programming. Youll see information about their many activities on the monitors in the Stuart Street lobby and lounge.

Minority Alumni Welcome Reception

One of the annual highlights of the fall is the Minority Alumni Welcome Reception, which this year was scheduled for Sept. 27 (prior to Due Process going to print). This year marks the 30th anniversary of this event, which celebrates our alumni of color and creates opportunities for our students to learn from their predecessors experiences, benefit from their guidance, and network professionally. Its always rewarding to see the current generation of lawyers providing a helping hand to future generations. I thank all who participated and recommend that all students take advantage of similar networking opportunities that will occur throughout the year at other events and programs.

Dean John F. OBrien 77

Letter from the SBA President from page 1reputation of New England Law | Boston. Whether this is your first year or your last year, I challenge each of you to encourage each other to succeed in this profession and uphold the name of the institution we are proud to represent. THIS IS OUR TEAM. I have been fortunate in my life to hold many leadership positions and I am aware of the privilege and responsibility that comes with wearing the title of Captain on my New England Law | Boston jersey. I have put in the 14 hour days in the library alongside you, I have felt the effects of an unstable economy, and I have made sacrifices only a NEL|B student would understand. I will continue to work endlessly for you and I am asking you to join this team and give your best efforts so that we may all succeed. We as the collective student body can make a difference. Get involved. Be innovative. Take accountability for things you could have done better and always strive for improvement. Mentor the rookies. If you have a job, help your buddy network. If you know of opportunities that can benefit one of our teammates, help pass along that message.

I am here to help you succeed and I encourage you to join this team and see what you can do as an individual and what we can accomplish together.

Very truly yours, Sam Altiero

9:15PM IN ROOM 507

The SBA regularly holds general assembly meetings that are conducted by the Executive Board and all elected class

representatives. The meetings are open for viewing to the entire student body.

Fall 2013 GA Meetings:

October 9 & 23

November 6 & 20

Student Bar Association General Meetings

Ask Amanda Anything Love Plumbing Money

Sex Home Work

Email your questions to [email protected]

All questioners identities will be kept in the strictest confidence.

All questions will be answered.


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In the Big Picture of LifeTiesha Fields, 14Editor-in-Chief

A crisp breeze swept through the trees surrounding Pretorias Union Buildings; their changing leaves in hues of red and gold further enhancing the stately grounds. The stadium amphitheater stood empty; rows of concrete molded seats, a random tourist wandering through the outer arches. The stage seemed small, and I remember thinking how it was barely big enough to hold the members of my family. Months later, I recalled the view from that same stage as I watched on television the moment President Nelson Mandela was sworn in as the first black African president of The Republic of South Africa. He was viewing the same concrete molded seats I had stared in amazement at just a few months prior. This time though, the seats were filled with his fellow countrymen, those that cheered the moment in history and those that didnt.

I was 13 when my family moved to South Africa; old enough to remember the adventure, and yet young enough to be molded by the experience. My parents are missionaries, but not in the preacher-collar-Bible-toting image most people bring to mind. My father is a contractor and plumber; a blue collar worker that transforms lives with his hands instead of his words. He was there to repair a theological school, so men and women could become pastors and take the Bible back to their villages and cities; places we would likely never see.

Our commitment to South Africa was for 2 years and 3 months, with no promise that we would ever return once our term was complete. Because of this, my familys choices were influenced by my mothers favorite saying: In the big picture of life Does this have value? Is this important? Should this change us?

I was in the place where Nelson Mandela was sworn in as president. I swam in the Indian Ocean, a hippopotamus roared at my family for building a fire, and a monkey almost stole my nail polish! I witnessed African electrical storms fill the sky with color, was the first white person an African child had ever seen, came home to a poisonous baby snake in the corner of our hallway, and have pictures of the teeth marks a lion left on the bumper of our car.

My familys time in South Africa was brief but my choices continue to be influenced by heeding my mothers advice to look at the big picture in

life and experience everything possible while in the moment. My law school career has been no different. From the moment I set foot in the Stuart Street building, I have made the most of every opportunity provided to me as I continue to study hard, diligently learning the skills I will need to be a successful lawyer. I have served on the Student Bar Association, competed in the ABA Negotiation Competition, immersed myself in the student newspaper, took a study abroad trip to the island country of Malta and had the privilege to study under Chief Justice John Roberts. Now turn the mirror around and ask of yourself the same question. What choices are you making today that will forever affect tomorrow? Are you making the most of every opportunity or allowing rare experiences to slip past you without pursuit? Whose life can you affect for good, improving their future while strengthening your own character? Your time in law school will quickly slip

past. Each assignment will be completed, the current highlighter will run out of ink, another exam period will pass, more books will be purchased and the legal theories internalized. Before you know it, the end will be reached. The books will close, the grades will come in, and the cap and gown will be donned. What will you see when you look back? The late nights in the library studying with friends, the beers raised in cheer for another passing grade, the face of the client whose legal worries you helped ease, and the voice of the professor who encouraged your learning.

These moments are not to be taken lightly. They are what make up the foundation you will stand on for years to come. Pursue these moments with enthusiasm, be thankful for the lessons they teach you and leave a legacy of excellence.

As each new possibility for growth or enrichment comes across your path, begin by asking yourself in the big picture of life, is this important, valuable, and worth the change it is making in me.

A Look Back Editors Note: The following article first appeared in the November 14, 1989 edition of Due Process. The past meets the present, and is still relevant!

Night WatchBy James Rigby Hello and Welcome to the Night Watch. My column this week is called Food Smugglers and Library Dwellers, focusing on two widespread problems here. You know who you are, folks.

First on the list is Food Smugglers. These people load bookbags, pockets, coats, and briefcases full of goodies for their library and classroom stay. These people not only crunch cornchips, eat subs, drink coffee and soda, and disrupt other students, but they also leave behind a mess. I suppose this is a good time to mention that its against the rules to have food/drink in these areas. We here on security have decided to form the F.S.A. (Food Smugglers Agency) in order to help you resist temptation. We will cover all the borders, and leave no stone unturned. We will catch and prosecute all perpetrators.

Second on the list is Library Dwellers. These are the people that I have to wait for until 5 past 11 before they decide to come out of the library. Folks, the building closes at 11:00, which means that at 10:55 you should be on your way out of the building. I know you have lots of studying, but lets be fair; we have lives too. So please, dont make us wait for you at closing time. Have a good and safe month,Your Friends on the Night Watch

Whats Going on in Boston?

BostonLocalFoodFestSunday,October6from11:00am5:00pmRalphieMayFriday,October4at7:30pmand10:00pm

BostonPhilharmonicOrchestra:BeethovensSymphonyNo.9Monday,September30at8:00pmFriday,October4at8:00pmSaraBareillesSunday,October6at7:00pm

ActionBronson&DannyBrownThursday,October3at8:00pm


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Ethics in Immigration LawManmeet Kaur Desai, 14

Although the MPRE is just another exam standing in the way of the bar (and more importantly our Harvey Specter-esque futures) there is one area of law that suffers from more ethical violations than an entire season of Suits: Immigration Law. Maybe the ABA subjects all law students to the MPRE because time and time again, it is faced with immigrant clients whose lives are ruined by lawyers pretending that filling out a form is all it takes to practice immigration law. For this year alone, as of September 2013, the Executive Office of Immigration Review2 disciplined thirty-one practitioners for ethical violations in the

practice of immigration law.

After Padilla v. Kentucky3 was decided in 2010, an open conversation began about ethical abuses effecting immigrant rights. The Supreme Court held in Padilla, that the sixth amendment required defense counsel to inform a noncitizen defendant of immigration consequences tied to a guilty plea; not doing so would allow the defendant to potentially raise a claim of ineffective assistance of counsel.4 It would be unfair to place all the blame on criminal defense attorneys; many immigration lawyers themselves have failed to provide their clients with adequate representation, despite ordaining themselves with the title of immigration expert.5 Especially troublesome with immigration lawyers is the notion that those new to the practice, either newly minted lawyers or practicing lawyers changing fields, suggest their expertise to be far more advanced than it is in actuality.6 Immigration clients are subsequently forced to discern for themselves whether or not the damage done to their immigration case can even be remedied. Many immigrants find themselves unable to recover after their attorneys misconduct as well as facing eventual deportation. A frighteningly common mistake immigration lawyers make, is not thoroughly investigating their clients claims. For example, the Child Citizenship Act of 2000 allows children of U.S. citizens (either born or naturalized) to automatically become U.S. citizens themselves if they

satisfy a number of conditions.7 Without investigating whether or not a noncitizen client, under eighteen years old, may be the child of a U.S. citizen, many immigration lawyers erroneously pursue other pathways to citizenship, costing their clients thousands of dollars in legal and immigration fees. Additional examples of malpractice includes embezzling filing fees for immigration forms, not filing requisite forms at all, failing to pursue available forms of relief, etc.; unfortunately, the list continues to grow.

It is important to value the ethical standards taught in law school and carry those lessons throughout ones practice of law. If not, we future members of the bar risk our clients ability to remain in the U.S. legally, one of the most egregious ethical violations in immigration law.

1 The United States Department of Justice: Executive Office of Immigration Review, List of Currently Disciplined Practitioners, (available at http://www.justice.gov/eoir/discipline.htm) (accessed September 2013). 2 559 U.S. 356 (2010)3 Chaidez v. U.S., 133 S. Ct. 1103 (2013), held that Padilla would not apply to criminal convictions entered before March 2010. See also SCOTUSBlog: Court Refuses to Apply Padilla Retroactively, (available at http://www.scotusblog.com/2013/02/opinion-recap-court-refuses-to-apply-padilla-v-kentucky-retroactively/) (accessed September 2013). 4 See Disc. Counsel v. Delcastillo, HHDCV084040164, 2010 WL 5646064 (Conn. Super. 2010), where an immigration and personal injury attorney was suspended for two years and required to take CLE classes in legal ethics prior to resuming his practice of law. See also Ken Jorgensen, Inexperienced & Solo, 62 Bench & B. Minn. 12, 14 (May/June 2005).5 16 Ia. Prac., Lawyer and Judicial Ethics 11:4(c) (2013 ed.) citing Comm. on Prof. Ethics and Conduct of the Iowa State B. Ass'n v. Morris, 490 N.W.2d 806 (Iowa 1992). 6 See 194 A.L.R. Fed. 383 (Originally published in 2004).

Hot or Not?: Whats Heating Up in Congress and the StatehouseKim Williams, 15

As the author of this column, I want to bring attention to statewide and national legislative issues that may not be getting the same level of media attention, but nonetheless could have an important impact on our communities. My qualifications to write this column include a B.A. in Political Science and Psychology, a M.A. in Political Science and Public Policy, as well as several years as a public policy analyst and grassroots advocacy coordinator.

I am labeling bills as HOT, LUKEWARM, or COLD based on their current session progress, media uptake, and traction they appear to be getting in the community. HOT bills are ones that are plastered all over the national or state news outlets, have lots of community organizing surrounding their advancement, and have made some recent progress in their respective committees. LUKEWARM bills are ones which may have gotten some initial media attention and organizing support, but the buzz surrounding them is dying down and the bill has made only moderate progression in the last couple of months. COLD bills are ones that really did not make it off the starting line after introduction. While they are not totally down and out, without an injection of new momentum, they are not likely moving anywhere fast. These rankings are the opinion of the author and do not reflect the views of New England Law| Boston or the editors of Due Process.

Immigration itself is a HOT! topic right now. While the major focus is on congressional hearings and debates relating to comprehensive immigration reform bills, many others are flying under the publics radar.

Federal Bills H.R. 2036: Foster Children Opportunity Act1 (LUKEWARM): Requires states to help children of undocumented immigrants who have been placed in

foster care or for adoption, to achieve special immigrant juvenile status/lawful permanent resident status, before leaving foster care. H.R.2264: CLEAR Act of 20132 (COLD): Directs state and local officials to assist the federal government in enforcing federal immigration laws, in

addition to directing the Secretary of Homeland Security (DHS) to construct additional detention facilities and providing grants to state and local law enforcement agencies.

H.R.2936: Protecting Immigrants From Legal Exploitation Act of 20133 (HOT): Provides protections for immigrants against ineffective counsel when

Continued on page 7


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Supreme Court RecapJoseph Sciabica, 16

The Supreme Court will be returning in October to begin hearing this sessions cases. To start the school year, here are some of the cases from the previous term of which you may not be familiar. In Agency for International Development v. Alliance for Open Society International, the legal topic was violation of the First Amendment. Certain NGOs (with the purpose of combating HIV) receive federal funding on the condition they meet certain terms including a statement of policy that they oppose prostitution. Alliance, among others, argued that this stipulation was a violation of their First Amendment rights and was a method by which the government was imposing views upon the organizations. The court found in a 6-2 decision that this condition was unconstitutional where Justice Roberts opined that government funding couldnt be used as a tool to promote explicit views with these organizations. Justice Scalia dissented, stating that the policy opposing prostitution is a function of the o r g a n i z a t i o n s purpose, which is to stop the spread of HIV. M o v i n g a l o n g i n t h e Constitution, Florida v. Jardines addressed an issue regarding the Fourth Amendment. Using a canine unit to sniff out drugs is considered a search; but is this the case when a dog is merely sniffing at the front door of a residence? Or is probable cause required? In a 5-4 opinion, the court

held that having a dog used on property but just at the entrance of a home was considered a search and is a violation of the Fourth Amendment. Justice Scalia illustrated the difference between the public being implicitly invited to the entrance of a home to communicate and the presence of the police for the purpose of finding evidence. Justice Alito provided the dissenting opinion where he stated that trespass under common law does not limit the public license to specific groups and that the police are not exempt. An interesting case that had the court divided was Shelby County v. Holder. The general question at hand was whether the renewal of Section 5 of the Voting Rights Act is a form of federal discrimination against certain states and therefore unconstitutional. Section 5 and 4(b) designate certain districts that must receive federal authorization before they can alter election laws. In a 5-4 decision, Justice Roberts led with the opinion that this was unconstitutional. He noted that the data used when the act was originally passed in 1965 was obsolete for the present renewal of the Section and that continuation would be discrimination of the Federal government against

those districts. The dissent, written by J u s t i c e G i n s b u r g , argued that the renewal of the Section was a r i g h t o f C o n g r e s s within the Fourteenth a n d F i f t e e n t h Amendments and is a proper mechanism by which Congress may target state abuses. Other cases of interest included Fisher v. University of Texas, Kirs taeng v. John Wiley , and FTC v. A c t a v i s . I n - d e p t h summaries and further information of these cases and others can be f o u n d a t www.oyez.org.

National Student Day

Thursday, October 3rd Tufts Bookstore

116 Harrison Ave

Tufts Bookstore is celebrating with a Flash Sale,

in-store only on this day.

x Take $10 off regular priced NEL|B Hooded sweatshirts & sweatpants

x 15% off any other school spirit clothing

x 10% off any school spirit giftware

Anyone who purchases an item will be

entered into a raffle to win a FREE NOOK SIMPLE TOUCH

GLOWLIGHT

Genes Chinese Flatbread CafNawel Benrabah, 16

As law students, we spend most of our time focusing on school, forgetting about the many culinary wonders that a city like Boston has to offer. Additionally, time and cost can both be an issue. Over the next year, I will explore a variety of gourmet hot spots in order to bring you the best of Boston on a law students budget!

Genes Chinese Flatbread Caf, located at 86 Bedford Street, is an authentic privately-owned

lunch restaurant serving the Downtown Crossing area every Monday thru Friday from 11am-4pm. Owner and chef, Gene Wu moved to Boston 15 years ago from Xian, the capital of northwest Chinas Shaanxi province and home to the Terracotta Warriors. His mastery of this ancient western Chinese tradition is demonstrated in the quality of his made-to-order hand-pulled noodles. Despite the success of his business, Gene still works in his kitchen preparing dishes for drooling clients here and at his Cambridge location. The menu offers both vegetarian and carnivorous options in soups, hot noodles, cold noodles, and side dishes such as spring rolls and of course, an epic pulled pork flatbread sandwich! The cumin lamb noodles have been ranked highly by members of Bostons Chinese-American community who consider them a delicacy. The best part about the caf, aside from its mind-blowing aromas and quality, are its reasonable prices! You can enjoy hand-pulled noodles and a beverage for under $10! You will not regret giving this place a try! Disclaimer: Bring gum with you! The garlic power of some of the sauces can be cosmic. Bon Apptit!


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Colored MeSheba Varughese, 15

On Sunday night, September 15, 2013, Nina Davuluri won the title of Miss America 2014. She became the first woman of Indian ancestry to win. Davuluri was born in Syracuse, New York and represented the state of New York in the competition. Both of her parents are from the state of Andhra Pradesh in India, which is not too far from where my family can trace its history. My parents are from a small southern state in India called Kerala. Though I love learning about my Indian roots, I consider myself an American first: I was born in Boston, Massachusetts. The only language I speak fluently is English. The only time I went to India thus far is when I was 4 years old, though I plan to visit again soon.

Therefore, when I saw that an Indian-American woman won Miss America 2014, not only did I feel a sense of pride, but I also felt hope because I knew her success opened a new door for me as a young, Indian-American woman. That pride and joy quickly disappeared when various articles about how UN-American Nina Davuluri is, occupied social media. Racial tweets overflowed the web, the most popular ones referring to her as both a terrorist and Miss 7-Eleven. The media coverage on the racial animosity directed at Nina Davuluri made me ponder, what exactly makes her UN-American?

Though I watched the video showing how Davuluri missed her cue when called for her talent performance, it was a few seconds and did not explain the harsh criticism and name-calling. Social media extensively covered the negative uproar from people all around this nation. As more tweets exploded, I found that the only reason people were associating Davuluri with these terrible labels was simply because of her skin tone. The commentary greatly disturbed my soul. For the first time in my life, I felt inferior. My eyes were filled with tears as I struggled to get ready for class. This led me to the painful question that no one wants to admit, but must be analyzed: Are we as a nation still falling short of our goal to accept others who are different than us?

The American dream is to have freedom. From the beginning, the pilgrims departed England in hopes of a life where they could express themselves as they wished, fleeing religious persecution. As such, the five fundamental rights provided for in the First Amendment of the U.S. Constitution are: speech, press,

religion, petition, and assembly. These constitutional rights are still considered the most important rights each of us wants and deserves. The common goal to live freely despite our appearance, morals, and beliefs is what makes us American. Thankfully, there have been major improvements throughout our nations history. African Americans are treated as human beings, not property. Our President is not only the first African American president, he is the first president of color. Moreover, homosexuals are able to marry in some states and are making strides to ensure they are not excluded from obtaining legal rights simply because of their sexual orientation. I have the freedom of choice to attend church, mosque, or temple every weekend. America still stands as a symbol for many of freedom, hope, and prosperity. However, the hostility and ignorance shown in the media tells me that we still have a long way to go. We have a duty to teach one another through our words and actions that an individual should be judged according to their heart, not by the color of their skin, gender, religious belief, or sexual orientation. Rather than encouraging or worse yet, taking part in these derogatory conversations, we as Americans must strive to create a climate of intolerance for those who speak ill about others based on their race. Racial stereotypes are distasteful and it is appalling that it has endured for so many years in a nation that has progressed in so many other aspects. Upon hearing the derogatory comments, Nina Davuluri (Miss America 2014) stated: "I have to rise above that. I always viewed myself as first and foremost American.

Hot or Not? from page 5

submitting any immigration-related application.

Massachusetts Bills H. 3285: An Act Relative to Safe Driving4 (HOT): Allows all immigrants the ability to take the drivers exam and apply for a drivers licenses in

an effort to improve traffic safety and reduce insurance premiums. S.577/H.1078: Companion Bills to Offer Tuition Equity for Commonwealth High School Graduates5 (LUKEWARM): Allows undocumented

immigrants the ability to pay in-state tuition at Massachusetts public higher education institutions, supporting the states workforce and increasing state revenue.

S. 882/H. 1750, An Act Establishing the Domestic Workers Bill of Rights6 (LUKEWARM): Primarily amends state labor laws to guarantee domestic workers basic work standards and protections (e.g. time off, protection from discrimination and harassment, etc.).

While there may not be a dream comprehensive immigration reform bill for the foreseeable future, there are bills like those listed above that are happening now and have real potential to be passed. If adopted, they will provide new rights and legal clarification on immigration issues that are desperately needed.

1 H.R. 2036, 113th Cong., 1st Sess. (2013), available at http://thomas.loc.gov/cgi-bin/bdquery/z?d113:h.r.02036: (last visited Sept. 20, 2013). 2 H.R. 2264, 113th Cong., 1st Sess. (2013), available at http://thomas.loc.gov/cgi-bin/bdquery/z?d113:h.r.02264: (last visited Sept. 20, 2013). 3 H.R. 2936, 113th Cong., 1st Sess. (2013), available at http://thomas.loc.gov/cgi-bin/bdquery/z?d113:H.R.2936: (last visited Sept. 20, 2013). This bill largely addresses what happens to attorneys subject to malpractice for providing inadequate representation or people holding themselves out to be qualified attorneys or other legal officials capable of representing immigrants seeking assistance in an immigration-related application matter; however, there are some protections provided for the applicant who unknowingly submitted an applicant under the advice of their legal counsel. 4 H.3285, 188th Cong., 1st Sess. (2013), available at https://malegislature.gov/Bills/188/House/H3285 (last visited Sept. 20, 2013); SHANNON ERWIN, MASSACHUSETTS IMMIGRANT & REFUGEE ADVOCACY (MIRA) COALITION, PLEASE SUPPORT COMMONSENSE BILLS TO INTEGRATE IMMIGRANT FAMILIES AND BUILD STRONG COMMUNITIES (2013). 5 H. 1078, 188th Cong., 1st Sess. (2013), available at https://malegislature.gov/Bills/188/House/H1078 (last visited Sept. 20, 2013); S. 577, 188th Cong., 1st Sess. (2013), available at https://malegislature.gov/Bills/188/House/H577 (last visited Sept. 20, 2013); SHANNON ERWIN, MASSACHUSETTS IMMIGRANT & REFUGEE ADVOCACY (MIRA) COALITION, PLEASE SUPPORT COMMONSENSE BILLS TO INTEGRATE IMMIGRANT FAMILIES AND BUILD STRONG COMMUNITIES (2013).6 S. 882, 188th Cong., 1st Sess. (2013), available at https://malegislature.gov/Bills/188/Senate/S882 (last visited Sept. 20, 2013); H. 1750 188th Cong., 1st Sess. (2013), available at https://malegislature.gov/Bills/188/House/H1750 (last visited Sept. 20, 2013); SHANNON ERWIN, MASSACHUSETTS IMMIGRANT & REFUGEE ADVOCACY (MIRA) COALITION, PLEASE SUPPORT COMMONSENSE BILLS TO INTEGRATE IMMIGRANT FAMILIES AND BUILD STRONG COMMUNITIES (2013).


PAGE 8

Meet the Editorial Sta"

Tiesha FieldsEditor-in-Chief

Tiesha hales from the great state of Washington but has grown to love Boston and will forever consider it her second home. A former small business owner and current 3L day student, she can

typically be found diligently working on a project in the SBA office or scurrying down the hallway to her next activity. She is looking forward to graduation with the hope of one day hanging her own shingle to practice in the areas of copyright/trademark and property law. She is whole-heartedly committed to the success of Due Process and is excited to share that passion with the students, faculty and staff of New England Law | Boston.

Naitasia HenseyAssistant Editor-in-Chief

Nai is a born a n d r a i s e d Bostonian with a love of travel and read ing nove l s . She s h a r e s h e r home with a f i v e p o u n d ebony malti-p o o , n a m e d

Zoe, who rules her life. As Justice of Phi Alpha Delta, she leads the MacLean chapter which plans events focused on community service. In her role as student ambassador she helps encourage potential students to come join the New England Law | Boston community and also works at the circulation desk in the law library. After graduation, Nai hopes to either own her own firm or work as in-house counsel in the field of copyright/trademarks specific to the book publishing industry. Look for Nais witty and charming columns as they are hidden gems you will not want to miss!

Amanda BourellTechnical Editor

Amanda is a mother of 4 a n d p r o u d Texan who has fallen in love w i t h N e w England since relocating here 3 years ago. After 9 years

as a stay at home mom, Amanda expected a break from mommy-ing others; she is now known for being the mom around school. Amanda is a 3LSPT (Special Part Time - A division for students with full time childcare responsibilities) whose legal interests include estate planning and physician representation. Theres little shes unable or even unwilling to answer, so dont forget to read her column: Ask Amanda Anything.

Ying WangAssistant Editor

Houston born and Bos ton ra i sed , Y i n g W a n g considers herself a jack of all trades w i t h a k e e n interest in how the law inf luences p u b l i c policy. When she is not in class, Ying can be found

perusing the world wide web for news and editorials, volunteering at local legal service organizations, and taking care of the 117 soldiers under her command as an Operations Officer in the U.S. Army. While in college, Ying served as a presenter and ambassador to a number of international public diplomacy and cultural exchange programs, which provided a context for understanding intercultural communication in a global setting and trends in managing multicultural relations. Upon graduation, she hopes to use her law degree to address

important humanitarian issues in both the local and international community.

Eric WindTreasurer/Business Editor/Crossword Tsar

E r i c i s a member of t h e N e w Hampshire commuting contingent, w h o i s k n o w n a s much for his

extreme hobbies as his odd jobs. A ranger in the summertime and a mountain-biking snowboarding adventurer in general, Eric is a 3LE whose legal interests include land use and energy. Look for his crossword puzzles in every issue!

D U E P R O C E S S S U B M I S S I O N D A T E S

2 0 1 3 - 2 01 4

Would you like to see your name in print? Do you have an idea for a column that you think other students would find helpful? Is your student group planning an event and want free ad space? Then start writing! All submissions are due by midnight to [email protected]

Issue 2: October 18

Issue 3: January 24

Issue 4: February 21

Issue 5: April 4

(Graduation Issue)


PAGE 9

Ask Amanda Anything!Amanda Bourell, 14Technical Editor

Dear Amanda,I have a friend who keeps asking me

for legal advice and I know I cant legally give her advice until Im admitted to the bar But Im totally getting annoyed. If this is how it is while Im a law student, imagine how it will be after I pass the bar. Shes a dear friend and seems to think she can ask me any kind of legal question at any time. I can see its getting worse. How do I deal with her and other people in the future with the random legal questions?

Yours Truly, Frustrated Fountain of Largely Useless Legal Information

Dear Frustrated,I understand how this can feel and

being a close friend makes it all the more complicated. If you want to answer her questions, especially the benign ones, then make sure you begin with a strong disclaimer: I am not an attorney, this is not legal advice and this is only my personal opinion as a mere law student Sometimes that will work when friends just want to know some insight into what they saw on a TV show or on the news. If your friend or anyone asks for actual legal advice, you must simply say that you are not an attorney and cannot ethically give any legal advice but youd be happy to help them find an attorney in their area.

That said, once you finish law school and are a member of the bar, the questions largely subside because people are keenly aware that this is your job and you get paid every day to give the advice and they feel bad about asking for free advice once they know they should be paying for it.

On a side note, answering your friends questions with absurd answers may help to point out to her the frequency of her inquiries. For example: Q: Can you go to jail for driving without shoes? A: As long as you do it while dressed as Little Bo Peep, youre ok! Happy Chatting,Amanda

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

What is your opinion of the presence of armed guards in elementary schools following the Newtown shootings?

Voice of NEL|B

I care about keeping kids safe, so if it works, it works for me.

Its not right.

I believe that the presence of armed guards in elementary schools will desensitize children to guns. Its bad.

Okay with it in limited capacity.

They should be allowed to deter future mass shootings of un-

protected children.

Im in support of it.

I think if it makes people feel comfortable after such a traffic event and the com-munity has the resources to do itwhy not?

Overreaction.

Okay with it as long as safety procedures are in place.

Unfortunately, I think this is becoming nec-essary due to the prevalence of violence in our society. I am still not sure this is the best way provide protection but we need to do something to keep kids safe in school.

I dont mind a police officer being present. But I disagree with pri-vate security at schools.

If they do so on a voluntary basisgood for them.

Whatever it takes to ensure the safety of our children.

Its extreme, there must be a better way to keep kids safe.

I feel like it will scare the chil-dren and make people unsafe living here.

Technically all student resource officers who are stationed in schools are armed because they are police officers.

I dont really like the idea of guns near kids. But if there is a strict screening process that eliminates anyone with any kind of mental instabilities, it could be good considering the state of things.

I think its a bad idea because it will scare the children. In New York City, the security guards are retired officers and fully trained. Better idea!

Overkill.

Eh, there are arguments pro & con. At this cur-rent moment Im indif-ferent. Ask me later.

I think it still poses a harm because guns are dangerous. However, I do understand the rea-son for it.

I think that we as a people need to find a creative so-lution to satisfy our peo-ples safety and the 2nd Amendment.

I think it enhances the fear in children and that is counter productive to the image of a strong America.

Opposed.

Counter-productive. We want people to respond to such issues by thinking and not relying on guns. What happened in Newtown was horrible and peo-ple who commit such acts need help.

I think it sends the wrong message to our children. Children should be focused on their education instead of worrying about the guards carrying guns in their school.

NoLets put armed guns around 10 year oldsthat is a great idea (note the sarcasm).

I think as long as they are discrete there is no

issue. It exposes children to violence at too young of an age.

That is silly.

Give teachers a hand gun underneath the

desk instead.

I agree. No bueno!

I dont like the idea of that, it seems unsafe and dangerous.

I dont hate the idea of having armed guards in schools to protect kids from harm. We had police in my high school who were armed, so its not that different for me.

Opposed, its overkill.

Out of the following people, who would you Wine, Dine, and Dump?

Attorney General Eric Holder

Mark OMara (George Zimmermans Attorney

Justice Antonin Scalia

President Obama

Anthony Weiner

Nancy Grace

0

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4

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8

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12

14

AGHolder O'Mara Scalia Obama Wiener Grace

Wine

0

2

4

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10

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18


Dine Dump

0

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PAGE 10

Count the Days!85 Days Until Christmas59 Days Until Thanksgiving262 Days Until Summer

players who have dementia. Though eligibility for awards will be limited to former players, those who were not involved in the suit can still benefit from its rewards. Most importantly, players do not need to prove to those distributing the settlement that their illnesses were directly affected by concussion.

This settlement comes as both a blessing and a curse to players. Some players believe that they will not be compensated enough; athletes who have developed chronic traumatic encephalopathy (CTE) have committed suicide. Notable players include Andre Waters, Junior Seau and Dave Duerson. The most players families will receive is around $4 million, which is not enough to compensate for their loss. The NFL makes $10 billion in annual revenue alone, so this number seems small to players and their families.

On the flip side, there are several athletes who are in desperate need of medical care and money to fund their treatment. Players with ALS are in particular need of immediate attention and money from this fund may alleviate the financial burden on their families.

$765 Million For Retired NFL PlayersMaya Kanani, 16

The National Football League (NFL) has temporarily settled a controversial concussion lawsuit that will benefit former players who have suffered great injury from playing the sport they love. This lawsuit was filed after former players found evidence to suggest that the NFL waited until 2010 to properly warn players about the length of concussion symptoms and how dangerous they can be.

It is alleged that the league also failed to instruct teams on how to treat concussions and that the league was negligent in preventing concussions. The former players argued that the NFL knew more then they were telling players and took active steps to misinform them. The NFL eventually settled with the players, while actively denying any guilt.

The temporary settlement, pending approval from Judge Anita Brody, is worth a staggering $765 million dollars. $675 million will be allocated to players and their families who have experienced issues with cognitive injuries, $75 million will go toward improving and upgrading baseline medical exams and an additional $10 million will go to concussion research.

Retired players are the only players who will have access to this money. Individual awards will be capped at $5 million per player for those who have Alzheimers disease after playing in the NFL and $3 million for

What Drives You?Emmanuel Okharedia, 15

Why are you here? Why did you choose three more years of rigorous education? Seriously, take a minute and ask yourself why you came to law school. Your reason for choosing law school will be what motivates you to give maximum effort in those times when you feel like you want to give up. Since failure is unacceptable, I need you to dig deep within yourself to paint the mural of your life and understand how law school is an integral part of it. Your vision is one of your strongest motivators. Distinguished from sight, the ability to see with ones eyes, vision is the ability to think about or plan the future with imagination and/or wisdom. It is the mental image of what the future will or could look like. Most students only use sight, believing only what they can see with their eyes. Consequently, each situaion they experience controls their destiny and ultimately their lives. However, students with vision understand that each circumstance, good or bad, is just a part of the bigger picture. You will be challenged. There will be ups. There will be downs. There will be triumph and setbacks; statistics show that everyone does not finish law school. Come what may, promise yourself that you will remain focused and never forget your

purpose. You a r e t h e greatest factor t h a t d e t e r m i n e s your success. So keep your eye on the prize, work hard, and you can have, be, a n d d o whatever you desire. Excellence is necessary.


PAGE 11

Puzzles & Wacky Laws

New England Law | Boston Crossword

2013/14 School Year - Puzzle 1

BY ERIC WIND

[email protected]

DOWN1 2 3 4 5 6 7

1 Ad ___

2 NEL|B's motto (part 1 of 3)8 9 10 11 12

3 crawling vine13 14 15

4 Opposite of bottom16 17 18 19

5 NEL|B's local dive bar20 21 22

6 The marker where influence becomes too much23 24 25

7 Common eight legged parasite26 27 28 29 30

9 Opposite of good31

11 An American law governing labor on the32 33

railroads (abb.)34 35 36 37 38

12 Cup of coffee (or box thereof at Dunkin)39 40 41

13 NEL|B shares its bookstore with this school42

14 nip or gnaw at43 44 45

16 See 2D (part 3 of 3)46 47

17 The basic level of proficiency needed

ACROSS 19 Common trees in New England

2 Together, or between bones 21 Swedish pop group

5 Academic excellence pair (1 of 2) 22 NEL|B's Law Library database

8 Broadcast TV icon 25 __ 800 Malt ("the drink of gangstas")

10 This should be avoided in trial, either by rules of 27 Boston _____ ("town" motto as of 4/15/13)

evidence or proper instruction 29 "the" to Pedro

15 Fifth astrological sign 32 It takes these to survive 1L, (+ dedication)

16 Make a formal judgment on a disputed matter 33 NEL|B's administrative offices are on this street

18 Per __ 35 Bermuda, for short

20 Opposite of from 36 Two, to Nero

23 "Those guys there" 37 A richly carved tower like spire (in architecture)

24 See 5A (number 2 of 2) 38 The thinking man's game

26 Throw an item up or away 40 Judge Learned ____

28 Fido or mittens (e.g.) 44 __ if (says someone sassy)

30 ___ ipsa loquitur

31 Closely connected or appropriate to the matter

34 NEL|B's head honcho 43 Opposite of Yea

37 Georgia's state fruit 45 The palmetto state (abb.)

39 X on a primary street (two words) 46 Turf or lawn material

41 Surname of China's last president 47 Delaware brewery or gnarly aquatic being

42 Mental and moral qualities (that layers are

known for)

Wacky LawsTransportation Edition

It is illegal to cross the street on Sunday, in Marblehead, Massachusetts, unless it is absolutely

necessary.

A woman cannot drive a car in Memphis, Tennessee, unless a man is running or walking in !ont of the

car waving a red flag to warn approaching pedestrians and motorists.

In Florida, a special law prohibits unmarried women !om parachuting on Sunday or she shall risk

arrest, fine, and/or jailing.

Fill in the blank squares so that each row, each column and each3-by-3 block contain all of the digits 1 thru 9.If you use logic you can solve the puzzle without guesswork.Need a little help? The hints page shows a logical order to solve the puzzle.Use it to identify the next square you should solve. Or use the answers pageif you really get stuck.

2013 KrazyDad.com

Sudoku #1Intermediate Sudoku Puzzles by KrazyDad, Book 6

If I can catch him once upon the hip I will feed fat the ancient grudge Ibear him.

-- Shakespeare

2 17 8 66 9 3 59 8 7

1 5 93 8 1 4

4 5 19 7

STUDENT VETERANS ADVOCACY GROUP First meeting Tuesday October 1st at 430pm- 5pm. Pizza will be served. Elections will also be held with all positions open to new members who want to get involved. You will get a few minutes to present why it is you wish to be considered for a position and a vote will follow. If you are interested in a position please email the current president at [email protected], with a small paragraph of why it is you wish to be considered for the position. Open positions are: President Vice President Secretary Treasurer 2 social chairs 2 fundraiser chairs Our first meeting is open to both new and old members. We will cover fundraising ideas, the election of new officers, Cards for the Troops, Operation Homefront, Volunteer opportunities, group Shirts and the brick run with the US Army reserves. *** If you CAN NOT attend the meeting/ vote next Tuesday we ask that you still submit the small paragraph that will be read by the current president to the voting group. Absentee ballots are also available for group members who cannot attend the meeting- contact Melanie Foley. If you are not already a member of the TWEN group page please join this is how we will send out our group emails about up coming events. The TWEN site is also where you will find the requirements for the various positions. Operation Homefront We will also be tabling the first week of October to not only meet and greet students but also to sell shirts for Operation Homefront. Baseball T's will be sold for $20. $0.96 of every dollar from shirt sales goes directly towards the veterans group that we have chosen to donate to. The other $0.04 goes to funding Operation Homefront. Stop by the table in the lobby to buy a shirt or just find out more about the organization. Also keep an eye out in early October for Thanksgiving Cards for the Troops. We will be tabling in the lobby with Phi Alpha Delta and have over 100 cards to be filled out! Lastly, if anyone has any issues with veterans topics, such as Yellow Ribbon funding etc. please do not hesitate to contact the Student Veterans Group and we will try to help you or put you in contact with someone who will better be able to answer your questions if we cannot as a group.

Documents

Due Process Issue #1 2013-2014