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The trial of the century is underway at the US Naval Station at Guantanamo Bay, Cuba (Gitmo) and nobody seems to know a thing about it. Right now, just 500 miles south of Miami, the self-proclaimed mastermind of 9/11, Kahlid Sheikh Mohammed (KSM) and four other Al Qaeda co-conspirators, are being tried for war crimes.

The rights of the accused are severely restricted in military tribunals. According to Jonathan Mahler in his book The Challenge, detainees are not necessarily able to see the evidence against them, hearsay is permitted, and information coerced by torture can be admissible. Amy Goodman recently reported that the government was caught eavesdropping on confidential conversations between the 9/11 suspects and their lawyers.

The 9/11 trial is being held in a high security courtroom specifically designed and outfitted for the case.

A 60-seat viewing room reserved for the public1 is separated from the courtroom by a soundproof glass wall. Audio in the courtroom replays into the viewing room on a 40-second time delay. Another video-audio feed (also on a 40-second delay) transmits to Fort Meade, a military base near Washington, DC, where reporters view the trials.

Throughout the trial, if a lawyer from either side mentions

confidential national security information, the judge Army Col. James Pohl directs a nearby security officer to push a black button. When the button is pushed, a flashing red light goes off in the courtroom and the audio-video feed is disconnected.

If this were not Orwellian enough, on January 28 at trial, KSMs defense attorney said something that triggered the red light to flash and the audio-video feed was disconnected but the black button had not been pushed.2 Someone from outside the courtroom had pushed the button. Judge Pohl was not happy.3 Continued on page 3

DUE PROCESSObamas Secret Black Button

by Brendan Gupta, 15

Can we confront climate change in a world with Keystone XL?by Keith Richard, 14

Keystone XL? Its not the Keystone you may be familiar with from your college days.

The proposed pipeline project to carry crude oil extracted from tar sands in Canada to Oklahoma and the American M i d w e s t d i v i d e s i n d u s t r y a n d environmental advocates. The government (very visibly, President Obama) stands in the middle.

In short, the project is held up in a review process required under the National Environmental Policy Act (NEPA). Under NEPA, a projects environmental impact must be weighed before it proceeds.

Approval would underscore our reliance on fossil fuels, and would be more carbon-intensive than traditional oil

due to the energy required to extract the crude from the sands. According to a Congressional Research Report, use of Canadian tar sands oil amplifies greenhouse gas emissions by 18-19% over our cur ren t Middle Eas te rn and Venezuelan sources . Predic tably, environmental groups cannot use the word dirty enough. Moving away from fossil fuels would thus appear to remain in the nice-idea-we'll-take-that-up-later camp. Obama simply cant purport to take climate change seriously and then approve a project that will increase greenhouse gas emissions. The intense focus on this project, however, complicates the political calculus. Pipeline advocates (per usual in energy/environment matters) march under the banner of economic benefits, job-creation, and shifting reliance away from resources outside North America. Foreign relations concerns are also afoot: Obama's last decision to delay resolution until after the election apparently really ticked Canada off. Finally, some point out that Canada will develop these tar sands regardless, with demand from China supplanting the U.S. Continued on page 4

Do Ethics Really Matter?by Simon Caine, 14

You feel more prepared for this than ever before in your career. Youve spent weeks conducting the necessary discovery. Day after day, y o u t o o k d e p o s i t i o n s , y o u interviewed potential witnesses, you spent sleepless nights preparing your direct examinations and attempting to anticipate how your hostile witnesses w i l l r e s p o n d t o y o u r c r o s s -examination questions. Not to mention all the hours you spent writing, re-writing, memorizing, editing, finalizing and delivering your opening and closing statements. Now you stand there waiting nervously as the foreman delivers the verdict. You hear the word guilty and all that time you spent preparing seems like a waste, even though you know that you did everything you could. You realize it isnt the end of the world; it comes with the territory. You're a

public defender and have gotten familiar with the feeling of losing trials (not one of which was lost due to your competency). Little do you know that in the not-so-distant future your defendant is going to supply you with one of the biggest slaps-in-the-face that could ever be rendered upon that of a fully prepared attorneyan ineffective assistance of counsel (IAC) claim.

While we may all be bored by our required ethics class this semester, the Model Rules of Professional Conduct have very real implications on us as future lawyers. There are a host of ethical duties and rules associated with how a lawyer must proceed in such instances. While many areas of the rules are spelled out precisely, the area of IAC claims and the duty of confidentiality that a lawyer still owes to his client is far from clear. Notwithstanding the fact that Rule 1.6 of the Model Rules of Professional Conduct2 is far from clear as it currently stands, Professor Siegels proposed amendment would offer some much needed clarity.

The entirety of this article is devoted to the Continued on page 3

TABLE OF CONTENTS

NEL|B Events Calendar! ! page 2Voice of NEL|B! ! ! page 4Message from Dean O'Brien! page 5Campaign for Positivity! by Genevieve Burguieres! page 5The Most Important Field In Law! by Christopher Alphen! page 6NEL|B Happenings!! ! page 6Use of Drones!! ! !! by Benjamin Dexter! page 7Rand on Drones! ! !! by Brendan Gupta! ! page 7An Act in the Affirmative! by Patience O. Babajide! page 7Minimal Judicial Review! by Ali R. Chughtai! ! page 10Latest in the Library! by Tiesha Fields! ! page 10Puzzles & Classifieds! ! page 11

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Mon Tue Wed Thu Fri

RiceSticks&TeaFundraiserBakeSaleWhenWhereTheNextSeason:RealigningIn-ternationalLawAndWesternPolicyAfterTheArabSpringWhen:Where

NorthShoreWomenLawyersAssociationCareerPanelWhenWhereLegalNetworkingNightWhenWhere:PatentBarInformationSessionwithPLI(ByIPLA)WhenWhere:

BARBRITableDayWhen:Where:ACSSupremeCourtDocumentaryWhenWhere:PhiDeltaPhiNetworkingMixerWhenWhere

LawDayTicketSalesWhenWherePILAGrantInformationSes-sionWhenWhereILAMovieNightWhenWhere:ILSpresentsHumanRightsAwarenessDaySymposiumWhenWhere:

"BreakingBarriers"PanelDis-cussionWhenWhere

"OfCivilWrongsandRights:TheFredKorematsuStory"When:Where:

LawrenceandGoodridgeat10When:Where:

PhiDeltaPhi(PDP)CharityforImmunityWeekofApril8-12

PhiDeltaPhi(PDP)CharityforImmunityWeekofApril8-12

PhiDeltaPhi(PDP)CharityforImmunityWeekofApril8-12TheFederalistSocietypre-sentsConstitutionalityofPoliceK-9SearchesWhen:Where:FreeScreening:TheCentralParkFiveWhen:Where:

PhiDeltaPhi(PDP)CharityforImmunityWeekofApril8-12

PhiDeltaPhi(PDP)CharityforImmunityWeekofApril8-12AsianPaciicIslanderAmericanMonthCelebrationWhen:Where:

PatriotsDayNoClasses

TheFiduciaryFoundationsofFederalEqualProtectionLectureWhen:Where:

2013LawDayBanquetWhen:6pmWhere:TheWestinBostonWaterfront

NEL|B Events Mar. 25 - April 20

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! MARCH 25, 2013

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Obama from page 1The information which had to do with a secret detention prison where

KSM claimed he was tortured was later put back on the record.4 Judge Pohl ordered the government to disconnect the button and its technology and made it clear that only he had the right to suspend the broadcast.5

According to New York Times reporter Charlie Savage, the premature button-pusher is the CIA. It remains unclear whether the CIA cell is located in another room in the courthouse or viewing remotely.

The 9/11 trial and military commissions as a whole are a stain on the rule of law and are nothing more than kangaroo courts.

The commissions were doomed from the start. Soon after 9/11 in 2001, former President George W. Bush (W) created the detention center at Gitmo by authorizing memos written by his lawyers John Yoo and David Addington (the Neo-Cons). The legal justifications for the commissions were drafted in near total secrecy. Neither Secretary of State Colin Powell nor National Security Advisor Condoleezza Rice was told about the program before W signed the order. 6

Author of Terror Courts Jess Bravin7 said the concept for the trials was modeled after a single specific trial based on shady legal doctrine that is unrecognizable in modern courtrooms. The commissions derive from an executive order signed by FDR in 1942, which created a secret military commission in the landmark case Ex Parte Quirin8, resulting in the conviction of eight accused Nazi saboteurs, six of which were sentenced to death by electrocution.

The detention center at Gitmo was concocted by the Neo-Cons largely to keep suspected terrorists outside the reach of federal courts (Eisentrager9) yet geographically close enough to the US making the destination easily accessible for government personnel.

The commissions raised legitimate legal doubts from the start that continue today.

According to PBS Bushs War, detractors of the military commissions were shut out of high-level meetings on the issue. The Neo-Cons argued that this was a new war with a new enemy and ipso facto, neither the Geneva Conventions nor the Uniform Code of Military Justice (reserved for POWs) applied. By employing the term unlawful enemy combatant after 9/11, suspected terrorists were deemed ineligible for both criminal trials in US federal courts and military courts-martial.10

Even members of the military opposed Ws detainee policies. In 2003, military lawyers made an unprecedented secret trip to New York, to meet with Scott Horton, then the head of the New York State Bar Associations International Law committee. According to Horton, the military lawyers were extremely concerned about how the political appointees were dealing with interrogation issues. They said this was a disaster waiting to happen and that they felt shut out" of the rules-drafting process.11

W was intent on holding the suspected terrorists until the War on Terror was over and members of Congress sat silent holding on to their bids for reelection. W argued that he had the power as Commander-in-Chief to wage war as he saw fit and that Congress had granted him broad power in the 2001 Authorization for the Use of Military Force (AUMF) to fight the terrorists.12

The problem with Ws argument is this: the War on Terror is not a conventional war. Its being fought against an undefined enemy, possibly without end. Although W and the Neo-Cons thought this fact bolstered their cause, six justices disagreed.

The US Supreme Court first called W on his failed war policy in 2004 in a case called Rasul13, where they held that Gitmo detainees did have the right to have their habeas petitions reviewed by federal courts. Congress answered the Court with the 2005 Detainee Treatment Act (DTA), which allowed the DC Appeals Court to review DTA procedure, but not rule on the factual allegations of the habeas claim.

The Congressionally enacted AUMF did not expressly suspend the writ of habeas corpus a Constitutional requirement for suspending the Great Writ. As Justice Stephen Breyer put it in Hamdan: Congress did not issue the executive a blank check.

In Hamdan14 (2006), the Court held that W could not unilaterally suspend habeas corpus without an express grant from Congress. So Congress, in turn, passed the 2006 Military Commissions Act, which authorized nearly all of Ws detainee policies. In its last challenge to the commissions in Boumediene15 (2008), the Court went further, holding 5 to 4 that the MCA did not provide detainees with adequate due process and the Court ultimately held that the Constitutional right of due process extends to non-citizens and that Geneva applied to Gitmo detainees.16

As dissenting Justice Antonin Scalia begrudgingly put it in Rasul, [T]he Court boldly extends the scope of the habeas statute, to the four corners of the earth.

A likeminded conservative on the DC Appellate court, judge Raymond Randolph is angry about Boumediene probably because the Supreme Court has overturned Randolphs opinions on Gitmo at least three separate times. At a Heritage Foundation speech in 2010, Randolph continued to assert that Gitmo

prisoners have no habeas rights, period. He cited old English common law holding that Gitmo although under US power is not technically a part of the US, and jurisdiction is lacking (a claim the Court has consistently overruled).17

The Conservative argument lacks credibility because it consists wholly of criticism but lacks any solution. Originalists are forgetting the fundamental issue at bar: that nobody has the right to make a man disappear without a reasonable chance to argue for release a notion well known to the Founders (See 5th Amendment).

The problem we face today with the terror courts are that the convictions are getting overturned on appeal. The MCA created new crimes including conspiracy to commit terrorism and material support for terrorism and then charged the Gitmo detainees ex post facto. Since the new charges were not officially recognized as war crimes under international law when at the time they were committed, they are bad law.18

I asked Miami Herald reporter Carol Rosenberg how many successful military commissions have been held since 9/11. She replied via email: Successful? At Guantanamo? The courts are vacating the convictions. I guess only the appeals-proof guilty pleas can be called successful.

President Obama promised to close Gitmo and bring the terror trials to federal court in the US but he says he just did not have the political clout to get the job done.19 Retired Air Force Col. Morris Davis the former chief military prosecutor in charge of the trials turned outspoken critic against the commissions disagrees about the politics. According to Davis, Obama simply doesnt have the balls to do it.20

1 According to Miami Herald reporter Carol Rosenberg: Out of the sixty available seats: 8 are reserved for reporters, 1 for a sketch artist, 2 for supervisors assigned to the first two groups, 10-12 for family members of 9/11 victims, 2-3 for their plain-clothed escorts, 10-12 for legal observers from ACLU to Judicial Watch, defense and prosecution lawyers and various unlabeled government viewers, uniformed armed guards serving as bailiffs, and sometimes a representative from the

International Committee for the Red Cross (ICRC).2 Carol Rosenberg, Strange Censorship Episode at Guantanamo Enrages Judge. MIAMI HERALD (January 28, 2013) available at http://www.miamiherald.com/2013/01/28/3205391/strange-censorship-episode-at.html.3 Amy Davidson, A Red Light At Guantanamo. NEW YORKER (January 30, 2013) available at http://www.newyorker.com/online/blogs/comment/2013/01/secrecy-around-ksm-guantanamo-hearings.html4 Charlie Savage, Judge Overrules Censors in Guantanamo Hearing. NY TIMES (January 30, 2013) available at http://www.nytimes.com/2013/02/01/us/politics/9-11-judge-orders-end-to-outside-government-censors.html?ref=charliesavage5 Charlie Savage, Judge Stops Censorship in Sept. 11 Case. NY TIMES (January 31, 2013).

http://www.nytimes.com/2013/01/27/sunday-review/military-tribunals-and-international-war-crimes.html?ref=charliesavage6 Jonathan Mahler, The Challenge: Hamdan v. Rumsfeld and the Fight Over Presidential Power. August 5, 2008.7 Jess Bravin interview on Democracy Now. February 22, 2013. http://www.youtube.com/watch?v=5Gy5MUdHK548 Ex Parte Quirin, 317 U.S. 1, 63 S.Ct. 2, 87 L.Ed. 3 (1942).9 Johnson v. Eisentrager, 339 U.S. 763 (1950).10 See footnote 6.11 Dana Priest and Dan Morgan, Rumsfeld Defends Rules for Prison. Washington Post (May 13, 2004) available at http://www.washingtonpost.com/wp-dyn/articles/A22472-2004May12.html12 Mayer, Jane. The Dark Side: The Inside Story on How the War on Terror Turned Into a War on American Ideals. May 5, 2009.13 Rasul v. Bush, 542 U.S. 466 (2004).14 Hamdan v. Rumsfeld, 548 U.S. 557, 126 S.Ct. 2749, 165 L.Ed.2d 723 (2006).15 Boumediene v. Bush, 553 U.S. 723, 128 S.Ct. 2229, 171 L.Ed.2d 41 (2008).16 Sullivan, Kathleen; Constitutional Law, 17th; June 8, 2010.17 Judge A. Raymond Randolph lecture at the Heritage Foundation. October 20, 2010. http://www.c-spanvideo.org/program/296127-118 Charlie Savage, Who Decides the Laws of War? NY Times (January 26, 2013). http://www.nytimes.com/2013/02/01/us/politics/9-11-judge-orders-end-to-outside-government-censors.html?ref=charliesavage19 David Wagner, Obamas Failed Promise to Close Gitmo: A Timeline. THE ATLANTIC WIRE, (January 28, 2013.) available at http://www.theatlanticwire.com/global/2013/01/obama-closing-guantanamo-timeline/61509/.20 Col. Morris Davis interview on RUSSIA TV (RT). June 2, 2012. https://www.youtube.com/watch?v=y7tusvKLzdA

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Climate from page 1 or worse, the oil entering the U.S. transported by train or other meansa method more carbon intensive than a pipeline. Breaking all this down, the two sides dispute (1) the actual carbon impact of approving the project versus not approving the project, a controversy complicated by (2) whether the tar sands will be developed regardless of whether Keystone XL is built. T h e m o s t r e c e n t E n v i r o n m e n t a l Impact Statement by the State Departmentfinding

no glaring environmental concerns and concluding the tar sands will in fact be developed regardless of the projects approvalseems to tilt the deck. Obama has already shown reluctance to kill the project; as time passes, it becomes more difficult to imagine how he would justify ultimately deciding to kill it despite the State Department's conclusions. If he were such a renegade climate change fighter, what is he continuing to wait for? Or can he have it both waysin essence approving the pipeline and combating our emissions?

I hope the answer to the last question is yes. The environmental review process has run its course, and it's time to make the most with whatever political capital exists. In the meantime, hold onto your popcorn: the decision from the State Department won't likely happen until the summer at the earliest. Regardless of the decision, there will probably be a lawsuit. Fingers crossed that Obama and his team is strategizing how we can move away from fossil fuels in a world with Keystone XL.

Ethics from page 1 ethical issues that arise when attorneys are forced to respond to an IAC claim. The confidential relationship that exists between attorney and client is one of great importance. However, while the Model Rules of Professional Conduct allow for attorneys to breach the privilege, the specifics as to how an attorney should proceed when facing an IAC claim are murky at best. The Model Rules provide guidance to lawyers when facing IAC claims as to when lawyers may use privileged information (i.e. in cases of self-defense), however, it is nothing more than exactly thatguidance.

The Rules states the lawyer may respond to the extent the lawyer reasonably believes necessary to establish a defense.3 The Rules further provide that such exposure of the clients information should be no greater than the lawyer reasonably believes is necessary to vindicate the lawyer's innocence. As the rule notes, this disclosure should be made in a manner that limits both the access of such information to persons having a need to know it, and the scope of such information is not exceeded any more than necessary.4 The comments of Rule 1.6 explains that the duty of confidentiality continues after the client-lawyer relationship has terminated.5 But what exactly is this duty that is owed? To offer some added guidance, I suggest that lawyers adopt Professor Siegels five-step process.

Professor Siegel is one of the few scholars that have done an in-depth analysis on the self-defense exception to the confidentiality Rule 1.6focusing on when the exception is used in the context of responding to an IAC claim. Commentators who have addressed this issue in passing agree with Professor Siegels proposition that when responding to an IAC claim a lawyer should resist the urge to protect his reputation and should remain loyal to his former client.6 Professor Siegels five-step process mirrors the ABA Standing Committee on Ethics and Professional Responsibilitys (Committee) recent opinion that pertained to the disclosure of information to prosecutors when a lawyer's former client brings an IAC claim.7 Siegels process includes the following five steps: to ensure that he or she responds ethically, the lawyer should [1] Provide the file to successor-counsel or the former client; [2] cooperate with successor counsel; [3] restrict informal contacts with the prosecution; [4] review the IAC allegations; [5] and in a supervised proceeding, confirm that prospective disclosures are necessary and, if privileged, that the privilege has been waived.8 Siegel argues that when a defense attorney is facing an IAC claim, the attorney is still subject to ethical obligations that restrict disclosure of confidential information, despite the self-defense exception.9 Furthermore, Siegel adds that while it may be difficult for an attorney to put aside his/her emotions10 to focus on the best interests of their client, the post-conviction action neither ends nor excuses the attorneys obligations to their former client.11 These obligations should prevent a defense attorney from running to the

prosecutor and disclosing the entire contents of his/her clients file in hopes of protecting their reputation of competencesquashing their clients IAC claim.12 Siegel finds that these obligations limit the disclosures that can be made to the prosecutor, and the circumstances in which they can be made.13 Lastly, Siegel recognizes that the adherence to ones ethical obligations does not prevent one from disclosing confidential information, when the disclosure is objectively, reasonably necessary to respond to an IAC claim14 and that this determination should not be made by the former counsel alone but in a formal proceeding.15

Siegel argues that there is a time and a place for the self-defense exception to be used, however some would argue that the self-defense exception should not apply to ineffectiveness claims at all. His argument focuses on the notion that [n]o matter how much an attack on his work offends a lawyer, it is improper for him to invoke the self-defense exception to justify responding to ineffective assistance of counsel claims.16

There may be concern for the abuse of the self-defense exception. In an effort to quell such abuses, lawmakers determined that the word necessary would have a gatekeeper function. According to the Committee, a lawyer may respond to allegations only insofar as the lawyer reasonably believes it is necessary to do so.17 The lawyer must also find that the disclosure of information rises to the level of being objectively reasonably necessary.18 The Committee goes to great lengths to explain that Rule 1.6(b)(5) cautions lawyers to take the adequate steps in limiting the access to the information to the tribunal or other persons having a need to know it and to seek appropriate protective orders or other arrangements . . . to the fullest extent practicable.19 Furthermore, the judicial decisions that have addressed the necessity for disclosure under the self-defense exception to attorney-client privilege have recognized that when there is a legitimate need for the lawyer to present a defense, the lawyer may not disclose all information relating to the representation, but only particular information that reasonably must be disclosed to avoid adverse legal consequences.20

When a defense attorney is forced to face a post-conviction action alleging IAC , he must continue to follow certain ethical obligations, including that of confidentiality. Additionally, the five-step process should be followed to ensure that you as an attorney are acting ethically. Lastly, like it or not, the lawyers duty to protect a client's interests persists even after the attorney-client relationship terminates. So I guess Ethics might actually matter in real life.1 MODEL RULES OF PROF'L CONDUCT R.1.6 (2001).2 MODEL RULES OF PROF'L CONDUCT R. 1.6 (2011).3 Id. at cmt. 18.4 Id. at cmt. 18.

5 MODEL RULES OF PROF'L CONDUCT R. 1.6 cmt. 9-14 (2011); see also Jenna C. Newmark, The Lawyer's "Prisoner's Dilemma": Duty and Self-Defense in Postconviction Ineffectiveness Claims, 79 FORDHAM L. REV. 699, 736 (2010).6 Binney v. State, 683 S.E.2d 478 (S.C. 2009).7 ABA Standing Committee on Ethics and Professional Responsibility, Disclosure of Information to Prosecutor When Lawyer's Former Client Brings Ineffective Assistance of Counsel Claim, Formal Opinion 10-456 at 1 (2010) (emphasis added) (hereinafter cited to as Opinion).8 Siegel, 35 DEC. Champion at 22.9 Id. at 23.10 John Wesley Hall, Jr. explains, being accused of being ineffective is a reality of the profession, and lawyers should not take such allegations personally. Newmark, 79 FORDHAM L. REV. at 727. 11 Siegel, 35 DEC. Champion at 23.12 Id.13 Id.14 Id.15 Id.16 Newmark, 79 FORDHAM L. REV. at 731.17 David M. Siegel, What (Can) (Should) (Must) Defense Counsel Withhold From The Prosecution In Ineffective Assistance Of Counsel Proceedings?, 35 DEC. Champion 4 (2011).18 See David M. Siegel, What (Can) (Should) (Must) Defense Counsel Withhold From The Prosecution In Ineffective Assistance Of Counsel Proceedings?, 35 DEC. Champion 4 (2011).19 See id.20 Id. (emphasis added). See also Levin v. Ripple Twist Mills, Inc., 416 F. Supp. 876, 886-87 (E.D. Pa. 1976) (In almost any case when an attorney and a former client are adversaries in the courtroom, there will be a credibility contest between them. This does not entitle the attorney to rummage through every file he has on that particular client (regardless of its relatedness to the subject matter of the present case) and to publicize any confidential communication he comes across which may tend to impeach his former client. At the very least, the word necessary in the disciplinary rule requires that the probative value of the disclosed material be great enough to outweigh the potential damage the disclosure will cause to the client and to the legal profession.).

the VOICE of NELBWe Asked, You Answered.

What is your view of the Constitutionality of drone use on US citizens?If you could filibuster about anything, what would it be?

I am cool with drones. The law set forth in the Constitution does not seem particularly applicable to this type of executive action. I would be more

concerned about what the international community has to say as opposed to our Constitution.

No, it is unconstitutional.

I don't think it is Constitutional punishing supposed criminals without a trial. It is not cool.

I would filibuster online safety and monitoring Facebook and the internet more closely.

I would filibuster about the hey days of communism.

If the US citizen has been proven to aid terrorist attacks then I believe that they can receive the same treatment as terrorists. Drones are okay for citizens who

aid terrorist attacks.

I love the use of drones. Keeps good guys safe by keeping them far from the killing. Not for use in densely populated areas where risk of civilian casualties is high.

If its on US soil it is illegal because they should be afforded due process. However, if it is not in US jurisdiction

and the person is affiliated with, or a member of, any terrorist group then by all means take them out. Congress

has vested power to the Executive branch to use any and all resources.

I understand the idea of the ideal use of drones, i.e. protection, etc... However, Constitutionally it may be infringing on the privacy of citizens

which is important in the Constitution.

I believe that using drones to kill US citizens without judicial ruling is unconstitutional.

It's wrong. Citizens shouldn't be spied on.

I would filibuster about the merits of iPhone apps.

Yes, only when immediate threat to national security and mass

destruction threat.

I do not condone the use of drones. Too many casualties due to inaccuracy. Must work on technology.

May be Constitutional if Senor Pres. could show it is essential to national security or

somehow be given the go-ahead by Congress to exercise some War Power.

My view of the Constitution is 20/20, although it's harder to view at night.

Drone attacks are good because it does not involve human soldiers in combat.

The drone attacks should be held to Constitutional standards even though it is an area of national security and the President

may have decision on, the courts should still examine it.

No I do not believe it is constitutional.

Awful proposal, founding fathers would be turning in their grave - an affront to our Due Process rights

and right and protection from unreasonable search and seizure.

The matter which I would filibuster I would do it by reading my entire civil procedure

textbook..

Unconstitutional. He's a US citizen first and foremost. His status as an enemy combatant does not mean his due process rights have

been waived.

IwouldfilibusteraboutRewritingoftheConstitutiontoapplytomoderntimes.

I would filibuster about acts restricting voting rights.

I would filibuster about free education being a right for all citizens. I would filibuster about more aid

for schools.

I would read the script to "Point Break" because I want the Senate to make the move the

official movie of America and Freedom.

Iwouldfilibusteraboutthefollowing:ifIcanbalancemycheckbook(andIhavetodosoonaweeklybasis)whycan'tyou???

Iwouldfilibusteraboutwhygradstudentscan'tgetsubsidizedloansespeciallyinthiseconomy.

I would filibuster about Pizza.

Cupcakes! ...especially sprinkle cupcakes.

I would filibuster about something without gravamen, just to prove how stupid

filibusters are.

I would subject the Senate to my dramatic reimaging of my favorite Saved By the Bell episodes in reverse order for

education reform and the end of bullying.I would filibuster about

Women's rights.I would filibuster the renewal of the

PATRIOT Act and NDAA.

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Pillar IV - ProjectCampaign for Positivity by Genevieve Burguieres, 13 Its been hard for me to learn the final pillar of this Campaign for Positivity. It helped me to think of these pillars in what an architect would call a colonnade: A row of regularly spaced columns supporting an entablature. The entablature here is positivity. The pillars of positivity that make up the colonnade support the entablature and ultimately the structure of positivity. Therefore, the fourth pillar for this positivity entablature is Projecting Positivity. What I realized, and what made this fourth pillar especially difficult to define, is that it is not like the others. Without the fourth pillar, the entablature would fall and you would be operating on an unstable structure of positivity. So, while the fourth pillar may be identical to the others in shape and form, the purpose that it serves is far more important. In a way, the fourth pillar lifts the campaign to a place of stable positivity. To project can mean: To thrust or throw forward (project one's jaw in defiance); To direct (one's voice) so as to be heard clearly at a distance; To externalize and attribute (an emotion or motive, for example); To convey an impression to an audience or to others a posture that projects success; To form a plan or intention and project a new business enterprise. What this means for my campaign is that you throw forward your positivity, to be heard clearly and at any distance; be sure to externalize, convey, and form a positive plan; and lastly, allow yourself to project positivity in your daily interactions, with friends, family, employers and mentors. Projecting the sense and confidence of positivity will not only reap greater benefits in your daily routine but can help you succeed in any career with

greater appreciation and happiness. In a way, this fourth pillar absorbs the strain and further supports the other pillars by bringing them all together and completing the colonnade. The last pillar provides full support. I learned that in order to project positivity, you have to build from the first three pillars: posting the positive, pledging to be positive, and preparing to be positive. Without these three pillars in place, the fourth could not exist. Once you learn to operate on these three, the fourth comes easily and adds full support. Post and throw your positivity out into the world. Convey positivity in your daily lives by making a pledge to do so. And prepare your businesses, futures, and actions with positivity! All of this will allow you to project your positive attitude and it will hoist you to the top! Spring is right around the corner; why not face it on top of this Campaign for Positivity with me? Project your positive attitude forward and you are bound to succeed!

Message from Dean OBrien

Online examsIn just over a month, our exam period will

begin. This year, 47 of our exams will be offered online, which is almost two-thirds of our total exams and a four-fold increase over last springs offerings. The decision of whether to allow the exam in each class to be taken online was left to the faculty member teaching that class.

We are very pleased that we can make this option available to students who choose to take their exams using a laptop. Initial e-mail notices with registration and other information have been sent to all students in classes that will include online exams, and more information will follow from the Office of the Registrar. A list of courses in which online exams will be offered is posted on the same web page as the exam schedule. Additional details of what to expect and where to find instructions appear elsewhere in this issue of Due Process.

Helping first-year students connectWe introduced a new program this semester

to allow first-year students, faculty, and staff to meet informally and get to know one another. We hope this will help introduce these individuals to others whom they might otherwise not get to know.

Since mid-February, faculty and staff members have been contacting small groups of first-year students and setting up meetings, often over coffee or lunch. So far were getting positive feedback from faculty, staff, and students who report enjoying the opportunity to interact with each other more directly and informally than they otherwise might do. I hope that the first-year students who have participated in this program have found it helpful. We welcome feedback and suggestions from students who have been involved in these get-togethers; please contact Associate Dean Judith Greenberg with your thoughts.

Law Day Banquet ticket deadlineI hope that many of you have purchased

tickets to the Law Day Banquet and will be joining us for that event. Tickets are still available online and in the lobby as scheduled, but the deadline is Thursday, March 28. Information is on the Law Day website at www.nesl.edu/lawday

Commencement information and deadlinesMembers of the Class of 2013 should be

sure to order their caps and gowns by the April 12 deadline, and if they want to be included in the Commencement magazine or have publicity announcements sent out after graduation, they need to complete those online forms by April 30. All deadlines and information for Commencement

preparations are on the website at http://www.nesl.edu/commencement/

Registration for Fall 2013Registration for spring courses begins this

month. The course schedule is constructed with the goal of providing as many choices as possible so students can structure a program that reflects their interests and includes recommended subject areas. The final schedule has been reviewed by a group of students as well as Associate Dean Greenberg and some members of the faculty. Associate Dean Greenberg has sent an e-mail to all students registering for fall classes next semester, with more detailed information about choosing courses.

The faculty and the Office of the Registrar held sessions last week for first-year Day Division students to provide guidance and suggestions on selecting courses for next semester and in the future. I hope first-year day students felt the process was clear after attending this presentation, but if you have any additional questions, please contact Professor Davalene Cooper, Professor Russell Engler, or Associate Dean Greenberg. There will be a session for first-year Evening Division students in the fall, before registration for spring semester courses.

I hope that you enjoy the coming good weather, and I wish you the best of luck with your remaining course work and exams.

CAMPAIGN FOR POSITIVITY

colonnade

Pledge

Post

Prepare

Project

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! MARCH 25, 2013

PAGE 6

The Most Important Field In Lawby Christopher Alphen, 14

It isnt the most talked about topic in lawthere are no shows on television about it or articles featuring it in the daily newspaper. No thrilling novels written about it. No reporters from the evening news following it, but I think it is the most important field in law.

Im talking, of course, about real estate law. I know I want to go into real estate law. Criminal law? Torts? Contracts? Entertainment law? Boring. I mean if you are interested in one of those fields of lawgoodthe world will always need ditch diggers.

Real Estate law is where the real action is. Okay, I admit, every Thursday Night at 7:30et / 8:30ct on TNT there isnt a show about two people who dramatically meet at a conference table to sign papers in a house sale. But there should be!

People look at the law from the outsidein. From that perspective, defending a man from going to prison for the rest of his life or suing McDonalds

because their coffee was too hot is way more interesting than a purchase and sale agreement. But in reality, it is in the area of real estate law where you have a chance to affect peoples lives every day.

As a real estate lawyer you dont stop criminals from living in a prison for the rest of their lives, but you do get to put a family in a home for the rest of their lives. Maybe you dont work to defend Stop & Shop in a slip and fall case, but you are the one who worked to get the Stop & Shop built in the first place.

In real estate law you arent, if ever, in front of judges all day, but you are in front of zoning and planning boards, and thats much more fun. As a real estate attorney you arent defending clients from drinking and driving charges but you are helping them get drive-thrus.

Okay, maybe a real estate lawyers work doesnt involve evidence with DNA samples, used guns or phone records, but it does involve trying to find a clean title and thats much more exciting!

And it isnt that real estate lawyers dont do anything to better society. I have seen real estate lawyers prevent families from being evicted and thrown out into the streets during a foreclosure

proceeding. I have seen real estate lawyers defend tenants in housing court from being evicted and left with nothing but a winter coat on a December night.

Sso maybe real estate law isnt life or death, but it does decide what happens to all your possessions when death happens.

It is only in real estate law where you can truly see the accomplishments of your work. You can see them in the neighborhoods, schools, libraries and churches that you helped build. What is more satisfying than ordering a drink at the bar you got the liquor license for?

There is nothing more perfect to the American dream than buying your own home. A real estate lawyer has the opportunity to make the American dream happen for someone more than once a day.

So people ask me - in this market, why would you ever want to go into real estate law? The answer is simple: I dont want to be a ditch digger.

Chris Alphen is the President of the Real Estate and Land Use Society, if you are interested in joining RELUS you can contact Chris at Christopher.j.alphen@nesl.edu

NEL|B HappeningsImmigration Law Associations Comprehensive Immigration Reform: Discussion and Debateby Notcher A. Amarteifio, 14

On March 12th, during a dreary day in Boston, The Cherry Room was illuminated from 4-6pm by an enlightened discussion about the immigration system in the United States and its need for reform. The Immigration Law Association (ILA) sponsored a panel discussion entitled Comprehensive Immigration Reform: Discussion and Debate. The panel discussion explored the issues and key players involved in the past and recent attempts to create a better immigration system in America. As an uninformed spectator, I felt the two hours spent in the Cherry Room were highly informative and entertaining.

The Panel was supposed to be headed by two attorneys specializing in this area of the law but unfortunately, one of the panelist, Halim Moris, Esq., of Moris & OShea, LLC was unable to attend. However, Carolyn Mikula, Esq., of Carolyn Mikula Law made up for his absence by informing those who attended about the proper procedures regarding immigration law and sharing some touching stories about her clients. Carolyn Mikula is a practicing attorney in Massachusetts whose firm specializes in immigration law. Mikula went into an informed discussion about the technical aspects of practicing immigration law. The topics discussed were: how to obtain a legal immigrants family entrance into the United States, the proper forms to fill out for clients facing deportation, how to gain entry in general, and the distinction between a deferred action and prosecutorial discretion regarding deportation of a person and how to go about achieving each one.

The discussion then went into the political and social aspects of the immigration system. The Obama Administration has overseen the deportation of more people than ever before which could be telling about the current state of immigration enforcement in the United States (i.e. strict enforcement). Mikula was quick to attribute this fact to the increase in efficient operation of the Department of

Homeland Security as a result of September 11th, 2001. Mikula reminded everyone who attended that her immigration clients have fundamentally more challenging lives than ours. She illustrated this point with a story about a client of hers who was illegally in the United States, and who could not drive her daughter to soccer practice due to her status. There was the sense that this group of people who have established a life with their families (some of whom are legally here) in the United States are lurking in the shadows because of the fear of the U.S. I m m i g r a t i o n a n d C u s t o m s Enforcement (ICE). Those who attended the event we re ve ry i nvo lved in t he discussion, some of whom shared their actual real life issues with the immigration system. At the end of the panel discussion, one couldnt help but come to the conclusion that the current immigration system is a mess, full of contradictions. Ms. Mikula however, provided a starting point to reform, theorizing that the current immigration system needs to be more consolidated because there are too many agencies currently involved in the immigration process.

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! MARCH 25, 2013

PAGE 7

Rand on Drones by Brendan Gupta, 15

Kentucky Senator Rand Pauls 13-hour filibuster was bittersweet. It raised a hypothetical question that misses the central issue on drones. No American has ever been killed by a drone on US soil. But drones are responsible for an unknown number of civilian casualties all over the Middle East. Drones give the US plausible deniability allowing us to take responsibility for attacks when it suits us and denying our role when it does not. Pauls filibuster was nothing but a political stunt. In a March 8, Washington Post op-ed following his filibuster, Paul referred to himself as I, me, or my no fewer than 66 times by my count. He mentioned the word drone three times. At least the Senator got people talking about drones.

The Use Of Drones on US Citizensby Benjamin Dexter, 14

The answer to the question whether we should use drones to kill US citizens, domestically or abroad, strikes me as a relatively simple one: such an act should not be permissible without careful consideration of the imminence of the enemy force it attempts to prevent. Further, the Obama Administrations broad reading of the term imminent in the recently released Office of Legal Counsel memo should trouble all Americans. It is my opinion that potential terrorist acts occurring within the United States should be considered matters of law enforcement. However, while I greatly appreciate Senator Pauls recent filibuster and challenge to executive powerand agree with him as a matter of policy that we shouldnt be blasting suspected terrorists sipping latts at a suburban Starbucks unfortunately, I think the applicable legal and constitutional history does not lead to the same conclusion.

The Civil War and the execution of Nazi saboteur and U.S. Citizen Herbert Haupt (a party in Ex parte Quirin) make for compelling arguments that neither imminence nor traditional civilian due process are required for the government to use lethal force against its own citizens in times of war. All that has been required is that a person, irrelevant of citizenship, be engaged as an enemy combatant; the location of such activities is irrelevant. Additionally, the focus on drone use unnecessarily narrows the question; it seems to me the mechanism of lethal force is immaterial. Whether a drone or a solider with a sniper rifle, I think it is unfortunately constitutional to use offensive military force against those who take up arms against the government.

An Act in the Armativeby Patience O. Babajide, 13 On Thursday, March 21, 2013, the Black Law Students Association hosted a Spring Semester Panel Event entitled Keys to the Masters House. The professional b a c k g r o u n d , e x p e r t i s e a n d experiences of the three esteemed panel speakers added a remarkable perspective to the dialogue, which focused on the facts and myths of Affirmative Action, the issues raised by Petitioner and Respondents in the case of Fisher v. University of Texas, and the role of Affirmative Action in a multi-racial growing and diverse America.

For those who are unfamiliar with the case law on Affirmative Action, here is a brief overview. In 1997, Barbara Grutter, a white resident of Michigan, applied for admission to the University of Michigan Law School. Grutter applied with a 3.8 undergraduate GPA and an LSAT score of 161. She was denied admission. The Law School admitted that it used race as a factor in making admissions decisions because it serves a "compelling interest in achieving diversity among its student body." The District Court concluded that the Law School's stated interest in achieving diversity in the student body was not a compelling one and enjoined its use of race in the admissions process. In reversing, the Court of Appeals held that Justice Powell's opinion in Regents o f the Univers i ty o f California v. Bakke, 438 U.S. 265 (1978), consti tuted a binding precedent establishing diversity as a compelling governmental interest sufficient under strict scrutiny review to justify the use of racial preferences

in admissions. The appellate court also rejected the district court's finding that the Law School's critical mass was the functional equivalent of a quota. The Court reasoned that, because the Law School conducts highly individualized review of each applicant , no acceptance or rejection is based automatically on a variable such as race and that this process ensures that all factors that may contribute to diversity are considered with the same weight given to race.2

A decade after Grutter, is Aff i rmat ive Act ion in school enrollment still an essential element to creating diversity in institutions of higher education? According to Executive Order 11246, on Equal Employment Opportuni ty, the purpose of Affirmative Action law was to prohibit discrimination in employment because of race, creed, color, or national origin, and to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency. Equal Employment Opportunity, 30 FR 12319. Executive Order No. 11246, like title VII, established a national policy against discrimination in employment on grounds of race, color, religion, sex, and national origin. 29 C.F.R. 1608.1. The principle of nondiscrimination in employment because of race, color, religion, sex, or national origin, and the principle that each person subject to title VII should take voluntary action to correct the effects of past discrimination and to prevent present and future discrimination without awaiting litigation, are mutually consistent and interdependent methods of addressing social and e c o n o m i c c o n d i t i o n s w h i c h precipitated the enactment of title VII. 29 C.F.R. 1608.1. Continued on page 8

Do you want to learn a foreign language next semester?Contact the FLAG to see what opportunities are available and how to

register!Learn about: languages offered, pricing, scheduling.

See Kelly Renaud, Ryan Hidden, Ericka McFee, or Megan RoundyEmail us @ foreignlanguageadvocacygroup@gmail.com

JoinotherChristiansoncampustodiscussGodsword,giveencouragement,andshareprayerrequests.Allareinvitedtoattend.

Forquestions,pleasecontactTiesha Fieldstiesha.m.fields@nesl.edu orJuanElizondo juan.a.elizondo@nesl.edu.

NEL|Bible StudyThursdays,56pm,3rd floorStudentLounge

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! MARCH 25, 2013

PAGE 8

Affirmative from page 7 Congress believed that voluntary affirmative action to improve opportunities for minorities and women must be encouraged and protected in order to carry out the Congressional intent embodied in title VII. 29 C.F.R. 1608.1. As such, Affirmative action under these principles means those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. 29 C.F.R. 1608.1. In 2003, the Supreme Court of the United States ruled, in Grutter, that race should in fact play a role in the admissions policies of universities. This ruling was challenged on October 20, 2012. On that date, the Supreme Court was presented with oral arguments in the case of Fisher v. University of Texas. The petitioner, Abigail Fisher, challenged the constitutionality of the Courts holding in Grutter. Abigail brought her case in 2008 seeking a declaration by the Court that on one hand, the admissions policy of the University of Texas is inconsistent with Grutter. Fisher argued in the alternative that the Court

ought to overrule Grutter in its entirety. Overruling Grutter, however, could end affirmative action policies in admissions at U.S. public universities nationwide.

The panel event was moderated by Attorney Julian Tynes, Chairman of the Massachusetts Commission Against Discrimination. Panel speakers for this event included Attorney Jonathan Albano (Counsel on Record on behalf of the Boston Bar AssociationFisher v. University of Texas), Attorney Christina Miller (Chief of District Courts and Community Prosecutions, Suffolk County District Attorney and Co-chair, Boston Bar Associations Diversity and Inclusion Section), and Attorney Rachael Rollins (President, Massachusetts Black Lawyers Association and General Counsel to the MBTA and MassDot).

This event was a beneficial educational experience for all attendants, which included faculty, attorneys, members and non-members of the NEL|B community.

Online Exam Information for Spring 2013

Final exams for 47 classes will be offered online in spring 2013. This is two-thirds of all exams scheduled this semester. Registration for online exams will begin on April 8 and end on April 15.

The Office of the Registrar has sent initial notices about registration to students in all classes in which online exams will be available. Additional notices will continue to go out through the end of exams with reminders about deadlines and next steps in the process. A list of courses offering online exams is available on the Office of the Registrar web page at http://www.nesl.edu/students/exam_schedule.cfm

New England Laws online exams are administered through ExamSoft, which offers a website with detailed instructions, procedures, and instructional videos. Information on online exams, including technical/laptop requirements, is also available under the Online Exams tab on NECIN.

Once students have reviewed the information on the ExamSoft site, questions may be directed as follows:

Questions about the online exam process and registration contact ExamSofts online support between 8:30 a.m. and 8:30 p.m. EST via e-mail (support@examsoft.com), phone (866-429-8889), or online chat (www.examsoft.com)

Questions about technical requirements contact New England Laws TMS at tms@nesl.edu or 617-422-7404

Questions about New England Laws exam process (written and online exams) contact Darnell M. Graham, associate registrar, at dgraham@nesl.edu or 617-422-7215

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! MARCH 25, 2013

PAGE 9

Due Process is looking for applicants to fill Executive Board positions forthe 2013-2014 school year. The current list of open positions is below.

If interested please send your rsum and a cover letter explaining why you want the position to dueprocess@nesl.edu.

The deadline to submit your application is April 8th 2013.Please send any questions to dueprocess@nesl.edu.

DUE PROCESS STAFF POSITIONS AVAILABLE FOR 2013-2014:

LAYOUT DESIGNER (1 POSITION) Coordinates with the Editor-in-Chief, Assistant Editor-in-Chief, and Technical Editor ResponsiblefortheoveralllookandvisualqualityofDue Process issues Responsible for the layout of all articles, submissions, advertisements and photos included in each

issue in time for publication Responsible for the development of a consistent theme or concept of design Must have previous experience with Pages or InDesign; previous experience working on newspaper

layout a plusTECHNICAL EDITOR (1 POSITION)

Coordinates with the Editor-in-Chief, Assistant Editor-in-Chief, and Layout Designer Responsible for first-round editing of all articles and submissions for each Due Process issue Responsible for ensuring accuracy of text in Due Process issues Assists in providing literary and grammatical guidance to all staff writers Assists in writing headlines and captions

ASSISTANT EDITOR (1 POSITION) Assists the Layout Designer in designing Due Process issues Assists and advises the Layout Designer on visual style, design decisions and creating graphics Assists the Technical Editor with editing and revising articles and submissions for each issue Assists with compilation of each issue Assists Editor-in-Chief and Assistant Editor-in-Chief in regular operations of running the newspaper

TREASURER (1 POSITION) Revises and maintains the yearly budget for Due Process Attends and presents the budget to the Budget Committee in September 2013 for approval Processes all invoices and payment requests

MEDIA RELATIONS (1 POSITION) Attends student group presentations and events, writes stories and provides photographs of each event

attended, attends and reports on at least one event per issue Assists in lobby tabling events, compiles responses and updates the Voice of NEL|B feature in each

issueLIAISONS1L LIAISON, 2L LIAISON, 3L LIAISON, EVENING LIAISON (1 POSITION EACH)

Assists in recruiting writers and collecting articles for each issue Promotes Due Process via social functions, word-of-mouth, advertisements, and other events Provides feedback on the distribution of all Due Process publications

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! MARCH 25, 2013

PAGE 10

The Importance of Minimal Judicial Reviewby Ali R. Chughtai, 14 Last summer I had the privilege of interning for a Supreme Court lawyer in Pakistan. During my 10-week internship, the majority of the time was spent litigating original jurisdiction cases. Article 184(3) of the Pakistan Constitution empowers the Supreme Court to act suo moto (on its own motion) in protecting fundamental rights of the people. In recent times, due to the deteriorating law and order situation in Pakistan and the ineptness of federal and provincial institutions, the general public has started to look towards the Supreme Court as the sole avenue where relief can be granted. The Chief Justice is more or less a rock star who may well be the de-facto Prime Minister as he takes cognizance over cases dealing with poverty, corruption, congressional acts, terrorism and even regulation of vulgarity on broadcast television. The Court also loves using the contempt of court doctrine to straighten those who may disagree with them. Ironically, the Pakistan Supreme Court cited towards Marbury v. Madison to assert the notion that it is

legally created as an instrument through which it acts legitimately to enforce the will of the people as embodied in the Constitution. Therefore, going to the Supreme Court last summer felt more like a theatrical experience. The Court might as well have had a red carpet at its entrance as public figures, journalists and philanthropists often arrived to the Court trying to sway public opinion towards them while deceiving the press by appearing to be aggrieved parties seeking some vague form of judicial remedy. My firm filed a public importance petition pleading the Chief Justice to take suo moto jurisdiction over a case in which a young teenage girl was forced by the police to make an out of court settlement with three men accused of raping her. However, due to the Court and the press finding more importance in hearing political corruption cases, whatever little beneficial use of such a doctrine that might have existed evaporated, as the girls case took months before the Court even properly entertained it. The whole experience made me realize the importance of judicial minimalism. The American Constitution, under Article III, Section 2, Clause 2, grants the American Supreme Court very limited powers of original jurisdiction, which mostly come from cases affecting Ambassadors . . . and those in

which a State shall be a Party." While failures by the Executive and Congressional branches in relation to fundamental rights are of the utmost importance, it is impractical to expect a single Court to solve outstanding problems. The extremely limited jurisdiction ensures that the Court does not let its influence get in the way of the American people and institutions solving their own problems. Due to its limited time and resources, the American Court exercises judicial review in accordance with what it is equipped to take on. Today, the Pakistan Supreme Court continues to display vehement enthusiasm in operating as the guardian of the will of the people. The backlog of cases has exponentially increased and people have lost faith in lower courts and other State institutions. No Federal or State institute functions properly as it insists that it is subject to a witch-hunt by the untouchable judges. Additionally, the Courts legal reasoning often does not survive legal scrutiny as not a single noticeable dissent has come from the Pakistan Supreme Court in the past five years. The continuance of judicial minimalism in the United States is a constant reminder of how it is undervalued as a key component in a sustained democratic State.

Latest in the Libraryby Tiesha Fields, 14With editorial and content assistance "om Anne Acton, Director of the Law Library Have you noticed the changes going on in the library lately? The improvements have been discretely accomplished but provide students with significant assistance in their daily efforts to achieve success. The staff and administration that keep the library quietly humming with productivity are always looking for both physical and electronic ways to increase the resources available to the New England Law community. Scanner: We finally have a second scanner!! It is located on the basement level outside the computer lab. The new scanner is faster than ever, with a document feeder that will scan double sided pages. Both scanners have also received software upgrades that allow a scan-to-print option in addition to their current ability to scan and send to email or save to a thumb drive. But please remember, copyright infringement is never encouraged and it is each law students responsibility to abide by the federal guidelines regarding the amount of material that can be copied from any given text. The Copyright Law is posted above each scanner. Coat Hooks: To help free up chairs and promote tidiness, coat hooks have been installed in several places around the library. They are silver strips placed at eye level. The hooks fold down from the silver strip and flip back up when not in use to prevent impaling anyone. Please use the hooks for coats, scarves and sweaters so all the seating can be utilized by students. Standing Height Table: Not every student wants to sit for hours on end reading their Civil Procedure book. Some would like to stand in order to better enjoy Pennoyers journey. So for those students who want a change of scenery, namely a higher place on the wall to look, and those whose posture and health would benefit from standing instead of sitting, the library is getting a standing height table. The table will replace the seated table located on the basement level between study rooms 016 and 017. It will hold up to four students for standing study. A firm date of installation is still unknown. But keep your eyes peeled for it! BALLCO Agreement: Did you know that our library is actually vastly bigger than what you see on the shelves? Because of an agreement with six area law schools, New England Law has access to collections of legal texts held by other law libraries in the city. The agreement is known as the Boston Academic Law Library Cooperative, or BALLCO. The libraries at BC, BU, Harvard, Northeastern and Suffolk worked together to determine titles that needed to remain available to students. Of the subjects and works identified, the schools divided up the collections

and agreed to house and maintain those works for their students as well as all the students at the law schools who signed the agreement. When searching for a title, you will know that we have access to it through this cooperative by the notation in Portia. A Reference Librarian can help you request the title from the library where it is housed. New Titles Alert: To keep up with the changing legal community, the library purchases or receives new titles on a regular basis. Each student has the ability to sign up and receive tailored notices when titles pertaining to their interest area are added to the collection. To sign up for this alert, use this link http://www.nesl.edu/library/AcqSignup.cfm or go to the library home page and click the Custom Notification of New Books link under the Faculty Services section of the Law Library Publications & Services area of the page. Using your @nesl.edu address you can sign up for a customized topic specific notification on when the library receives new books and media materials. Audio Cases and Courtroom Videos: Did you know the library subscribes

to a website that has cases from current textbooks available as MP3 files for audio downloads? You can save the audio files to your mobile device and listen to the cases you need to read for class while on the T or at the gym. It also has videos of full trials, broken down into the major sections (like opening and closing statements, witness examination, and sentencing) that you can watch at any time. The site is free for students to use and includes audio and video resources that are not currently available elsewhere. The web address is http://lawschool.courtroomview.com/ and you can register with your @nesl.edu address to gain access. Etiquette: As always, please remember to keep conversations in the open study areas to an absolute minimum, and continue to use quiet voices in group study rooms as the walls are not sound proof so discussions can be heard outside the rooms. The library is also a food-free zone; this includes the noisy bag of chips and the quiet PB&J sandwich. Please eat in the student lounge and reserve the library for quiet and clean study

time. Thanks! The library is continually making improvements to the resources it houses and the functionality of the spaces. For questions, comments, ideas or just to say thanks, please stop by the Reference Librarians desk at the end of the Circulation Counter and talk with any staff member.

Additionally, you can directly contact the following people with specific concerns or ideas:Anne Action: Director of the Law Library, 617.422.7290, aacton@nesl.edu, office located on 2nd floor Tiesha Fields: Student chair of the Faculty Library Committee, 206.459.8348, tiesha.m.fields@nesl.edu

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! MARCH 25, 2013

PAGE 11

Puzzles & ClassifiedsNew England Law | Boston Crossword

ENERGY LAW: terms and definitions

BY ERIC WIND

eric.j.wind@nesl.edu

DOWN1 2 3 4 5 6 7

1 w/34D Nondiscriminatory transmission 8

now required for natural gas and some electric9 10 11

2 The amount of power or natural gas required12 13 14

at a specific delivery point over a given time15

3 ____ & reasonable standard for ratemaking16 17 18

4 A compellation, either in book form or on e-19 20

media, of all the effective rate schedules of a 21 22 23

regulated entity24 25 26

5 _._. Elliot (author)27 28 29 30

6 A proceeding in which FERC orders major 31

changes to the structure of an industry32 33 34

7 Dividing the cost of service among customers35

10 A pipeline that does not cross a state line36 37

11 see 19A38 39 40

13 The termination of a pipeline's service or of the41 42 43 44 45

use of a pipelines facility46 47

17 The minimum load of a system over a given

ACROSS period of time

1 elongated circle 18 The transportation of natural gas or oil by

3 airplane pipeline or of electric energy by wire

5 cases are heard at 22 opp. of little

8 semicircular alcove in a church 27 Federal energy industry regulatory body (abb.)

9 disease where the complement system 30 opp. of new

is completely uncontrolled (abb.) 31 federal spy agency (abb.)

12 __ x8 hey hey hey goodbye 33 a priest or minister

14 providing natural gas or electricity to end users 34 see 1D

15 opp. Of SW 36 red octagonal sign's text

16 Spanish for Mr. 38 largest of Massachusetts' capes

17 acronym for the Beaufort Wind scale 39 three, to Nero

19 w/ 11D An entity that uses a commodity such as 40 past tense of eat

natural gas or electricity in its industrial process, 42 important letters to follow on vacation

as opposed to transmitting or reselling 43 legal abbreviation in housing and employment

20 feline friends 45 opp. of from

21 common canine or science site

23 angle or bias

24 opposite of daughter 36 French abbreviation for saint

25 husband's other half 37 highest card in the deck

26 alien's ride 38 A (blank) of public convenience and necessity

28 places second in a two person race is still required for certain gas pipelines

29 opp. of yes 41 black and white sandwich cookie

31 rocky mountain state (abb.) 44 exam, e.g.

32 Charges made against income to allocate the 46 The extraction of natural gas from

cost of plant over the estimated useful life of underground sources

the plant 47 do re mi fa __ la ti do

Books For Sale

1L Supplements! x Q&A for Contracts $5 x Examples and Explanation for Civ Pro by Glannon

$10 x Contracts casebook by Farnsworth 6th Ed $5 x Finals book for Contracts $5 x Quick Study Guides for Civ Pro and Crim $2 Call or text Amanda if interested. 512-203-9095

Textbooks & Study Aids For Sale x Business Associations: Cases and Materials on Agency, Partnerships,

and Corporations, 7th Edition; Klein, Ramseyer, Bainbridge - $60 x Ethical Problems in the Practice of Law, 2nd Edition; Lerman & Schrag

- $40 x Criminal Procedure: Constitutional Constraints Upon Investigation and

Proof, 6th Edition; White & Tomkovicz - $75 x Understanding Criminal Law, 5th Edition; Dressler, LexisNexis - $20 x Crunchtime: Evidence - BRAND NEW; Emanuel - $25 x Federal Income Tax, 3rd Edition; Schmalbeck & Zelenak - $150

Contact monika.a.bobo@nesl.edu Textbook for Sale!!! The Art and Science of Trial Advocacy (second edition). $30.00 USD for the book Required for Judge Ronquillo's trial practice course and would be tremendously helpful for any other practical skills course The book is in excellent condition - No wear or writing appears on or in the book. Contact: Jeff Knight - jeffrey.d.knight@nesl.edu

Study Aids For Sale Like New x Lexis Q&A: Contracts - $10 x Understanding Crim Law (2nd Ed) - $15 x Examples & Explanations: Civ Pro (6th Ed) - $15 Contact tiesha.m.fields@nesl.edu

New England Law | Boston Crossword

LOTS of UCC terms and definitions

BY ERIC WIND

eric.j.wind@nesl.edu

A B E T C O M M E R C I A L

L G A F A E A G O

P E R S O N A L A V E R T

A O C E S A E

C O U R S E C F O R E

A N E L O N M M E

S D E A L I N G A K E G

N U L A N T O B L O N G

W P T A R P L T

R E S T I A M I E G

I I O C H E M

T E R M I N A T I O N M S

I E R M E D I N A

N B E C K H A M N L

G O O D S O N O T I C E

21

22

23

25

27

28

29

30

32

34

36

38

39

Answers to UCC Terms and Definitions

The$Honorable$Roderick$L.$Ireland$(credit:$David$Altshuler)$

Friday,$April$19$The$Westin$Boston$Waterfront$

$

Cocktails$at$6:00$p.m.$Dinner$at$7:00$p.m.$

Barristers$Ball$to$follow$$

Barristers$Ball$this$year$will$feature$DJ$Mark$Dixon$from$Pure$Energy$Entertainment$and$a$photo$booth$with$photo$props!$Stay$tuned$for$specifics$

on$drink$tickets!$$

Deadline$for$students$to$purchase$tickets$is$March$28!$$

2013 Law Day Banquet

Keynote Speaker Chief Justice Roderick L. Ireland Massachusetts Supreme Judicial Court