Clinical and Pro Bono Programs

Providing clinical and pro bono opportunities to Harvard Law School students

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Cyberlaw Clinic Year in Review: 2017

Via Cyberlaw Clinic

We in the Cyberlaw Clinic believe that the statute of limitations on year-in-review blog posts expires at the end of the first quarter of the following year. (If you require evidence for this claim, we’ll kindly point you to Orin Kerr’s “Theory of Law.”) With that in mind — as we dig into our newest batch of projects during the Harvard Law School spring term — it seems like a good time to look back and reflect on the past year.  It was — to say the least — an eventful one here in the Cyberlaw Clinic, for students and staff alike.

Students

We had two students enrolled in the Clinic during winter 2017, thirty-four in the spring, and 31 in the fall. Three summer interns ably helped to keep our docket of projects afloat during the summer months. We continued in the mode in which we’ve operated in recent years, with a Cyberlaw Clinic Seminar in the spring and fall complementing the day-to-day work of the Clinic and offering students an opportunity for discussions about substantive and procedural aspects of technology law, including through case rounds focused on our own ongoing projects. We are thrilled that we have been able to scale the program, actively engaging our students and zealously representing our clients as the program has continued to expand.

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Working on real-world issues through the Sports Law Clinic

By Matthew Rosenthal,  J.D. ’19

Matthew Rosenthal,  J.D. ’19

Growing up in New England, sports fandom has been a constant throughout my life. And as my interest in the law grew, I gravitated toward areas of the law that tend to intersect with the world of sports (antitrust, intellectual property, labor, and commercial litigation, to name a few). So when I learned that I would be attending Harvard Law School, I was immediately drawn by the opportunities available to students interested in learning about and working in the sports industry. Among these opportunities (which include the courses taught by Professor Carfagna, the Committee on Sports and Entertainment Law, and the Journal of Sports and Entertainment Law), perhaps the most unique opportunity that the law school has to offer is the Sports Law Clinic.

Through my participation in this clinic, I was able to spend my Winter Term working for the National Football League (NFL) in New York City. Over the course of my clinical experience, I received substantive and challenging assignments from my supervising attorneys. Specifically, I was tasked with a range of assignments that dealt with issues relating to NFL team ownership and stadiums—among the most public-facing and important areas of the league’s business. These assignments required me to apply the skills that I’ve gained in the classroom to real-world issues faced by the most successful professional sports organization in the country. Ultimately, I was able to gain practical, on-the-job experience, while learning from all-star attorneys who have worked their way from law school to the major leagues.

The Sports Law Clinic is perhaps the best program in the country for law students who plan to represent and work for clients in the sports industry. Indeed, my time spent at the NFL proved to be an invaluable complement to my legal education, and the knowledge that I gained during this experience will doubtless carry over into my post-graduation professional endeavors.

Applying Negotiation Skills in the Foreign Service

Via Harvard Negotiation and Mediation Clinical Program

This is the third blog is a new series called “From the Field”. In this series we spotlight stories and insights from former students, friends, and colleagues who are working in the field of dispute resolution.

By Matilda Jansen Brolin, LLM ’16

Matilda Jansen Brolin, LLM ’16

A year after graduating from Harvard Law School (HLS) with an LL.M in 2016, I joined the Swedish Ministry for Foreign Affairs and began the Diplomatic Training Program as a young career diplomat. From the application process to what I do at present, I’ve put the pedagogical skills in alternative dispute resolution—developed at HLS through the Negotiation Workshop, courses in mediation and Dispute Systems Design, and in the Harvard Negotiation and Mediation Clinical Program (HNMCP) and the Harvard Mediation Program (HMP)—into practice.

The Swedish Foreign Service greatly values negotiation, mediation, and facilitation skills in the people it admits to the Diplomatic Training Program. The assessment of candidates includes a group exercise where participants must agree amongst each other on how to solve a set of problems for a fictitious company and together present the solutions to a CEO, all under severe time constraint. In my case, the many individual interviews ended up largely focusing on my experience as mediator with HMP and the clinical project I did through HNMCP to create and deliver negotiation training in the Democratic Republic of the Congo for the Mennonite Central Committee and its in-country partner, Programme Paix et Réconciliation.

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New Sanctuary Cities Case Study Published

Via Harvard Immigration and Refugee Clinical Program

Harvard Law School Case Studies recently published a new case study that focused on the work of HIRC’s Assistant Director Sabrineh Ardalan. The case study has students play various roles in a legislative simulation before the House Subcommittee on Immigration and Border Security. You can download a free copy here.

When asked why she chose to do this simulation, Professor Ardalan said: “I wanted the students in my immigration law class to engage with the complex legal issues presented by the current debate over sanctuary policies and was eager to facilitate a productive debate.”

She also stressed the importance of involving advocates who had participated in Congressional hearings. For her simulation, she had lawyers JJ Rosenbaum, formerly the Legal Director with the New Orleans Workers’ Center for Racial Justice, and Avideh Moussavian, Senior Policy Attorney with the National Immigration Law Center.

Sports Law Clinic: an opportunity to work for teams and connect with alumni

By Jimmy McEntee, J.D. ’18

Portrait photo of Jimmy McEntee, J.D. '18

Jimmy McEntee, J.D. ’18

Thirty-four. That’s how many Harvard Law students participated in the Sports Law Clinic this year. Students worked in all types of sports organizations, such as teams, leagues, agencies, player associations, and athletic departments. The breadth of opportunities available to students is a testament to Professor Peter Carfagna’s vast network in the sports law community. One of the exciting parts of the program is that the number of placements grows each year, as more of Prof. Carfagna’s former students take positions with sports organizations and others learn about the program for the first time.

I was first exposed to working in sports during the summer after my 1L year, when I interned in the Labor Relations Department of Major League Baseball. The following January, I interned in the Legal Department for the National Football League as part of the Sports Law Clinic. I appreciated the opportunity to see the varied types of legal work in league offices and to network with lawyers in those offices.

While I thoroughly enjoyed those experiences, I wanted to see what it was like to work on the team side during my 3L year. I specifically hoped to gain experience working on salary arbitration cases for teams. In Major League Baseball and the National Hockey League, select players that qualify for arbitration are eligible to negotiate a raise in salary based on their production. If the team and player cannot reach an agreement regarding a fair salary for the player, the parties then turn to an arbitration hearing to determine that player’s salary for the upcoming season.

After discussing my desire to do salary arbitration work with Prof. Carfagna, he connected me with Daniel Adler ’17, Director of Baseball Operations for the Minnesota Twins, and Don Fishman, Assistant General Manager & Director of Legal Affairs for the Washington Capitals. Through the clinic, I was able to set up placements at the Twins during our J-Term and the Capitals during the spring semester, working on salary arbitration cases with both organizations.

While at the Twins, I prepared research and analysis on a number of the team’s arbitration-eligible players. The salary arbitration process in Major League Baseball takes place in January and February, so the timing of the placement could not have been any better. The experience was incredible, and I loved every minute of my time in Minneapolis. I left the Twins not only with a solid understanding about the salary arbitration process, but also with immense respect for the Twins organization. My placement with the Capitals has just started and I am excited to learn more about the difference in salary arbitration cases between baseball and hockey.

While I am not sure what path my career will take, I am thankful that I had the opportunity to work for a number of different sports organizations during law school. There is simply no program like the Sports Law Clinic at Harvard Law School.

Defending the Indigent in Hawaii

By Cameron Pritchett, J.D. ’18

Photo of Cameron Pritchett, J.D. ’18 in front of Federal Public Defender building sign in Honolulu

Cameron Pritchett, J.D. ’18

During winter term, I spent three fantastic weeks at the Federal Public Defender in Honolulu, Hawaii, through HLS’s Independent Clinical Program. Having spent both my 1L and 2L summers at law firms, this was my first opportunity to see a public interest setting.

Client Contact

At HLS, I have been fortunate to take classes with some of the most brilliant legal minds in the country. But due to inherent limitations, a classroom setting can only accomplish so much. The Defenders immediately put me to work doing something I am familiar with: legal research and writing. However, this time, I saw my research make a tangible impact on someone’s life. Since federal defenders carry a lighter case load than do most state defenders, there is more time to thoroughly research legal issues during plea negotiations and in preparation for trial. For example, one of my projects involved drafting a motion in limine to suppress a piece of evidence the government plans to introduce in an upcoming trial. I had the chance to not only conduct research, but also see how the findings influenced the team’s trial strategy.

Value of Competent Defense

Working with Defenders also affected my view of the criminal justice system overall. In the federal system, to say that defendants have an uphill battle is an understatement. My criminal procedure class, under the instruction of Professor Paul Butler, explored many of the inequities in criminal law. But it was still shocking for me to see how these things developed in reality. Whether it is Miranda warnings, searches and seizures, coerced confessions, and a number of other topics, prosecutors have an advantage.

Accordingly, the constitutional right to attorney representation is a bedrock part of our legal system. The Defenders supply counsel to individuals immediately after they are arrested and booked. As defendants speak with pre-trial services regarding basic facts about their background, the Defenders are there to ensure the person’s right against self incrimination. Similarly, it is the Defenders filing motions to secure a defendant’s release pending trial and it is them arguing to continue sentencing for an additional week so that one person had a few more days with his family. In Honolulu, I observed passionate individuals who were unanimously intelligent, dedicated, and professional. And they had to take on some of the most challenging cases one could imagine.

This opportunity has opened my eyes to an entirely different setting where effective lawyering happens. I am still unsure about my career path, but this J-term has certainly piqued my interest in a career as a defense lawyer.

Constitutional Implementation in Kenya

By Rachel Corrigan, Berkeley Law Exchange Student

Rachel Corrigan, Berkeley Law Exchange Student

I spent this January Term in Nairobi, Kenya, working for the Kenya Law Reform Commission (KLRC). The KLRC is a statutory commission that was established in 1982 through the enactment of the Law Reform Commission Act. The mandate of the Commission is to “keep under review all the law of Kenya to ensure its systematic development and reform.” Among other things, the KLRC drafts legislation, reviews existing laws, holds stakeholder consultations, and provides recommendations for the alignment of statutes with the 2010 Kenyan Constitution.

During this January Term, I undertook a project researching and analyzing practical barriers to implementation of Article 27(8) of the 2010 Constitution, which articulates the “two-thirds gender rule.” Article 27(8) requires that “the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.” However, as I discovered throughout my research, the Kenyan Parliament has not succeeded in passing legislation enacting the two-thirds gender rule. Despite multiple bills focused on redesigning the composition of legislative bodies and electoral processes, Kenya has still not implemented the two-thirds gender rule, and most governing bodies are still over two-thirds male.

My project was to find out why this was, and provide recommendations for effectively implementing the two-thirds gender principle. In my research, I learned a great deal about Kenyan electoral processes, constitutional provisions, and comparative law. I also had the opportunity to attend meetings with a former MP and Cabinet Secretary, and with a member of the National Gender and Equality Commission to ask questions about the development of Article 27(8) and remaining barriers to implementation.  Eventually, I was able to produce a comprehensive memo analyzing the issues facing implementation of gender quotas and provide recommendations for Kenya.

My experience at the KLRC was one of the best experiences I have had in law school. I was surprised by how much responsibility and freedom I was given to conduct research and develop concrete recommendations. I also learned a great deal about international and comparative law. I hope other students are able to have as wonderful a clinic placement as I had!

 

International Arbitration in Hong Kong

By Hayley Evans, J.D. ’19

I spent this January term interning at the International Arbitration Centre in Hong Kong (HKIAC). The Centre provides crucial dispute resolution services—arbitration, mediation, adjudication, and domain names disputes resolution—to a variety of domestic and international clients. HKIAC provides services for dispute types ranging from corporate and finance to maritime, construction, and international trade. A non-profit organization, HKIAC is the third most preferred and used arbitral institution worldwide and the most favored arbitral institution outside of Europe. Established in 1985 in an effort to provide dispute resolution services in Asia, HKIAC has a track record of handling matters involving parties from a large number of jurisdictions; in 2016, HKIAC saw parties from thirty-nine different jurisdictions. The top nationalities of these parties were (by number of cases): Hong Kong, Mainland China, British Virgin Islands, Singapore, and the United States.

Hayley Evans, J.D. ’19

While at HKIAC, I undertook legal research on various topics in the field of international dispute settlement. One of my favorite projects I helped with was conducting research on the quantification of damages in international arbitration for the ICCA/ASIL Task Force on Damages. The Task Force intends to promote consistency and rigor in the quantification of damages in international arbitration, and I assisted with research for an online tool promoting that end. While awards of monetary damages are the most natural forms that remedies tend to take in international commercial and investment arbitration, there are also a variety of equitable remedies that can be used as well. These remedies might include provisions like specific performance and disgorgement of profits. Based on the work that I did at HKIAC for Secretary-General Sarah Grimmer, I actually have the opportunity to continue doing research for the Task Force remotely this semester.

Interning for HKIAC was a wonderful experience. Not only did it provide me with an on-the-ground introduction to the work of an arbitral tribunal, but it also allowed me to work with many talented interns, attorneys, and staff. While there, I learned about interesting procedural issues like consolidation, joinder, and translation of documents, as well as exciting substantive matters like enforcement of foreign arbitral awards and state sovereign immunity. I would definitely recommend an internship at HKIAC to other law students interested in international arbitration.

Working for a sports league through HLS’s Sports Law Clinic

By Benjamin Roth, J.D. ’19

Benjamin Roth, J.D. ’19

Over J-term, I worked at the NFL headquarters in New York for their legal department. For me it was a dream come true to work at a place that fused together my two passions: legal analysis and NFL football.

The first thing that struck me when I arrived was just how professional and polished everyone and everything in the office was. My name was on my cubicle, I had a standing desk with a dual screen setup, and I immediately met with my attorney supervisor.

She assigned me two principle projects. The first was to redo the law enforcement training module on identifying authentic NFL merchandise. The main point of the assignment was to dress up the power point presentation and to update it, and it was a really great way for me to learn about the security features that the NFL employs to protect its fans and partners, the common ways in which counterfeiters fail to emulate authentic merchandise, and the tricks they utilize to fool unwitting consumers into purchasing the bootleg products.

My second project was to research the current law in China regarding the copyrightable status of a live sports broadcast. This project was especially interesting because it was an entirely different kind of research from what I was taught in law school. There were no cases in Westlaw, so I needed to go to the web and be creative. I had to find English translations of cases and articles and I reached out to a speaker at a symposium on the topic. After focusing on publicity rights in class during the semester, it was fascinating to explore the different system in China. This was a memo unlike any I had written over the summer or in school as it wasn’t predictive or persuasive, and so it felt like I was learning an entirely new skill set.

Whereas those initial projects were somewhat out of the box, legal research and writing wise, my last two projects were much more conventional, and one of them was almost a direct review of Prof. Peter Carfagna’s Sports Law class I took this past semester. I was asked by my supervisor to assist a different member of the legal team by writing two separate memos about the laws regarding trademark and publicity rights in video games throughout the United States. It was a very typical law school memo, with a ton of research on Westlaw and the like. It was really interesting to deal with the issue of publicity rights, given that we had done an entire class on it, and it was intellectually satisfying to see the legal difference between the rights of publicity and a trademark in the law. It was especially interesting to me to be able to deal with a national organization like the NFL, and really get to focus on which circuit might be best for which claim.

In between researching and writing the memos I was assigned, I had a chance to learn from a lot of people in different departments. I met some wonderful people and forged new connections. I also learned a lot about being in-house counsel to a big company, and I got to see firsthand what working for a sports league entailed.

A Litigator’s Dream

“No judicial system can be stronger than its trial judges.”
Hon. Henry T. Lummus, The Trial Judge (1937)

With so much classroom emphasis on analyzing appellate decisions, it is refreshing to discover the number of HLS students who seek a trial court experience.  So in addition to the fully enrolled Judicial Process in Trial Courts Clinic in the Spring Semester, the Office of Clinical and Pro Bono Programs and Hon. Judge John C. Cratsley (Ret.) began offering more Independent Clinical placements with judges in the Fall Semester. The result was an increase of nine students, seven placed with judges in the US District Court in Boston and two with Justice Budd in the Massachusetts Supreme Judicial Court. All wrote weekly reflections and will complete a paper on some aspect of the role of courts and the work of the judiciary. These students’ reflections describe their goals as learning the details of court practice and procedure, understanding judicial reasoning, evaluating the advocacy they observe, and improving their writing skills. The following blog by one of this Fall’s students, Jimmy Tsouvalas, tells just how important these outcomes were for him:

By James Tsouvalas, J.D. ’18

Portrait photo of James Tsouvalas, J.D. ’18

James Tsouvalas, J.D. ’18

I always wanted to be a litigator.

Growing up, I did not know the job by that name—I had no lawyers in my family—but the idea of fighting for the rights of people who needed help resonated with me. As a kid, I read about lawyers like Thurgood Marshall, Ruth Bader Ginsburg, and Clarence Darrow, and I was fortunate to know from a young age what I wanted to do with my life.

A few months into my time at law school I got my first chance to represent a client through my work with the Tenant Advocacy Project. Arguing on behalf of low-income individuals before Boston Housing Authority administrative hearings helped me feel confident in my career choice. But it became clear early on in law school that one of the best ways to learn how to be an effective litigator was to spend time working for a judge. Judges see the whole gamut of litigators—and their styles—arguing cases from nearly every area of the law. While assisting a judge deciding cases, I would have the opportunity to evaluate the arguments and techniques of litigators, and to conduct important legal research and writing, all under the guidance of an accomplished jurist.

After graduating in May, I am excited to begin my legal career as a law clerk for Judge Sandra S. Ikuta of the United States Court of Appeals for the Ninth Circuit, and then Judge Patricia Millett of the United States Court of Appeals for the District of Columbia Circuit. But with both of my clerkships at the appellate level, I scoured the law school for opportunities to gain experience at the trial court level to flesh-out my legal education.

The Independent Clinical Program provided me with such an opportunity. Through the help of the Office of Clinical and Pro Bono Programs, and under the supervision of Hon. John C. Cratsley (Ret.), I was able to land a clinical placement with Chief Judge Patti B. Saris of the United States District Court of Massachusetts. While taking a few classes at the law school, I spent two days a week at the federal courthouse in Boston’s Seaport helping Chief Judge Saris and her clerks prepare for arguments, hear cases, and decide motions. On both criminal and complex civil cases I drafted various memorandums of law on motions pending before the Court—analyzing the arguments of both sides, conducting independent research into the legal questions, and providing recommendations for disposition. And as cases progressed, I was even able to write the drafts of a few opinions. I was also fortunate to spend extensive amounts of time in court with Chief Judge Saris and her clerks. The experience gave me a richer understanding of the trial court process, and of the role of a judge, all under the brilliant example of Chief Judge Saris. I am so grateful to her for the opportunity.

The import of what I learned as a soon-to-be lawyer cannot be overstated: observing the intricacies of trial court proceedings and various styles of advocacy, and honing my legal research and writing skills under brilliant and experienced attorneys, will serve me greatly in my burgeoning career. But even more valuable were the mentorships and friendly conversations with Chief Judge Saris and her law clerks, judicial assistant, courtroom clerk, and docket clerk—a group I could not have developed more admiration for. I am so grateful for the work they do, and as I begin my career, I hope it is one for which they can soon say the same.

The Cyberlaw Guide to Protest Art

Via Cyberlaw Clinic

In the wake of Trump’s election and the resurgence of political art inspired by movements like the Women’s March, the Cyberlaw Clinic was approached by artists seeking clarification of their rights and responsibilities as creators and activists online. In response, a team of Berkman Klein staff, Clinic students, and allied creative folks created this Guide. It’s in plain language, meant to be accessible and helpful for folks across the political spectrum who are using art to engage in civic dialogue, to minimize their risks and maximize their impact.

We took on this project because art plays a significant role in American democracy. Across the political spectrum, protest art — posters, songs, poems, memes, and more —inspires us, gives us a sense of community, and provides insight into how others think and feel about important and often controversial issues.

While protest art has been part of our culture for a very long time, the Internet and social media have changed the available media and the visibility of protest artists. Digital technologies make it easy to find existing works and incorporate them into your own, and art that goes viral online spreads faster than was ever possible in the analog world. Many artists find the law that governs all of this unclear in the physical world, and even murkier online.

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Summer Internships for Law Students

This list will be updated periodically.
For questions about each listing, please contact the respective program.

Harvard Immigration and Refugee Clinical Program

Application Deadline: Thursday, February 15, 2018

Applications are now being accepted for the 2018 Summer Fellowship at the Harvard Immigration and Refugee Clinical Program. Interns will work primarily at Harvard during the summer months on Clinic cases of individuals seeking asylum and other humanitarian protections, as well as on policy advocacy and appellate litigation.

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Harvard Legal Aid Bureau

The Harvard Legal Aid Bureau hires approximately 15 law students to serve as Summer Legal Interns. Summer Legal Interns will be the primary case handlers on approximately 10-15 cases at a time in the areas of housing, family, government benefits, wage and hour litigation, and Special Immigrant Juvenile Status (SIJS).

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Legal Services Center

The Legal Services Center of Harvard Law School seeks law students to serve as interns this coming summer.  Our summer program runs from Monday, May 21st – Friday, July 27th, 2018.  (Note: on a case-by-case basis, we will also consider split-summers and summer schedules that begin before May 21st and/or end after July 27th).

Located at the crossroads of Jamaica Plain and Roxbury, the Legal Services Center is Harvard Law School’s largest clinical placement, housing multiple clinics and providing direct legal services to hundreds of low-and-moderate income residents in the Greater Boston area each year. Our longstanding mission is to educate law students for practice and professional service while simultaneously meeting the critical legal needs of the community.

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Prison Legal Assistance Project

Application Deadline: February 23, 2018

The Harvard Prison Legal Assistance Project (PLAP) is now accepting applications for its 2018 Summer Student Attorney Program.  Qualified candidates will have an interest in criminal justice and representing incarcerated persons. Training will be held during the last weeks of May. You must be able to spend 10 weeks working fulltime for PLAP during the summer months. In addition to representing clients, you will answer phone calls from prisoners in the PLAP office and respond to written requests for help. You should be able to drive and rent a car in the United States. Spanish or other foreign language skills are a plus.

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Criminal Justice Institute

Application Deadline: April 27, 2018

Law clerks can expect to perform legal research, draft motions, interview clients and witnesses, perform field investigation, assist CJI clinical instructors with every aspect of the case, attend court proceedings and perform a wide range of research and case preparation duties. CJI is an excellent place for a clerkship as you will be matched with a seasoned clinical instructor, and you will gain valuable experience researching, investigating, drafting motions, and interviewing witnesses.

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Last Day to Enroll in a Clinic for Spring 2018!

Clinics with Open Seats

The following spring clinics still have a few seats available!

If interested, please email Maggie Bay (mbay@law.harvard.edu) by the end of the day.

Please do not hesitate to contact our office (clinical@law.harvard.edu) with any questions.

Kensinger Named Co-winner of 2018 ABA Tax Section Spragens Pro Bono Award

Via Legal Services Center

Legal Services Center volunteer tax attorney Dale Kensinger has been named recipient of the Janet Spragens Pro Bono Award from the American Bar Association’s Tax Section. He will receive the award at a luncheon on February 10, when the Tax Section holds its mid-year meeting in San Diego, California.

The ABA Tax Section established the award in 2002 “to recognize one or more individuals or law firms for outstanding and sustained achievements in pro bono activities in tax law. In 2007 the award was renamed in honor of the late Janet Spragens, who received the award in 2006 in recognition of her dedication to the development of low income taxpayer clinics throughout the United States.”

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Cyberlaw Clinic Assists with Amicus Effort in Byrd v. U.S.

Via Cyberlaw Clinic

The United States Supreme Court heard oral arguments last Tuesday, January 9th, in Byrd v. United States, Case No. No. 16-1371.  The case concerns the question of whether a person can assert Fourth Amendment protections in connection with a search of a rental car in which that person was not an authorized driver.  The case raises important questions about privacy in response to law enforcement, including about standing to assert defenses under the Fourth Amendment and about the interplay between private contracts (such as the contract between one renting a car and the rental car company) and Fourth Amendment rights.

The Supreme Court has posted a transcript and audio recording of the oral argument. Helpful reports about the case and argument include:

The Cyberlaw Clinic was pleased to have had the opportunity to support our friends and regular collaborators Restore the Fourth with the drafting of an amicus brief, filed in support of petitioner Terrence Byrd.  The brief focuses on the interplay between contracts and Constitutional protections, arguing that private agreements should not limit Fourth Amendment rights.  Fall 2017 Cyberlaw Clinic students Chloe Goodwin, Matthew Sacco, Devony Schmidt, and Brian Yost worked on the brief alongside Kendra Albert and Vivek Krishnamurthy on the Clinic’s teaching team, and Mahesha Subbaraman, Restore the Fourth’s counsel.

Carrying on a legacy

Via Harvard Law Today

Carrying on a legacy

Credit: David M. Barron/Oxygen Group Photography,br> Rep. Joseph P. Kennedy III with Shayna, Stacy and Lev Grossman.

On Saturday, November 20, family, friends, students and colleagues of the late Harvard Law School Clinical Professor David Grossman gathered at HLS to celebrate his life, honor his community activism and support his fight for social justice at the second annual David A. Grossman (DAG) Fund fundraiser.

Grossman, who passed away in 2015 after a long battle with cancer, was a passionate and tireless advocate for low-income residents in Boston and beyond who were threatened with displacement from their homes. An expert in housing law, he dedicated his career to fighting on behalf of struggling tenants, homeowners, and communities.

As the managing attorney of the Housing Unit at the Legal Services Center of Harvard Law School and later as the faculty director and managing attorney of the Harvard Legal Aid Bureau, Grossman fought for the rights of underprivileged Bostonians who could not otherwise afford legal counsel to challenge unfair housing practices, while mentoring and inspiring hundreds of law students at Harvard Law School to do the same.

In honor of his commitment to protecting those in need, Professor Grossman’s widow, Stacy Grossman, founded the DAG Fund for Social Justice in 2015 to support first-year HLS graduates using the power of the law to advance social justice and effect positive community change.

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Gaining a global perspective on securities regulation

By Elizabeth Ferrie, J.D. ’19

Photo of Elizabeth Ferrie, J.D. ’19 standing infront of ASIC sign

Elizabeth Ferrie, J.D. ’19

This January, I interned at the Australian Securities and Investments Commission (ASIC) in Sydney, Australia. I was fortunate to have dedicated supervisors and mentors that provided me with a broad range of experiences to enhance my knowledge of international capital markets.

My 3 weeks at the ASIC were a great learning opportunity and instilled in me the importance of a global business perspective. Indeed, most of my assignments involved an intricate understanding of global market structures and coordination with foreign securities regulators in investigations. I performed research and drafted memos on a variety of cases tackling market manipulation. Having taken a Securities Regulation course in the fall provided useful background knowledge since there are many fundamental commonalities in the approaches taken by securities regulators in both the U.S. and Australia. For example, I noticed striking similarities between U.S. and Australian securities laws while helping advise senior attorneys about ASIC’s disclosure obligations to a third party under the Freedom of Information Act. 

I have a strong interest in international law and business, especially as it relates to the Asia-Pacific region. Previously, I spent my 1L summer at a corporate law firm in Seoul, South Korea and I will be working at a corporate law firm in NYC for my 2L summer. However, this was my first experience performing legal work for a government organization and it was incredibly meaningful to gain experience outside of the private sector in a foreign jurisdiction.

For the 15-page paper requirement that accompanies the independent clinical project, I will be writing a paper comparing the approaches of securities regulators around the world in regards to cryptocurrency regulation under the supervision of Professor Kathryn Spier. It is an emerging area and there is notable variation in the approaches of different countries in classifying and regulating cryptocurrencies. I am excited to gain a deeper understanding of this fascinating topic.

Spring Clinics with Open Seats – If Interested, Please Respond A.S.A.P.

If you would like to join one of the clinics below, please email us as soon as possible.  

Any open seats will be awarded on a first-come, first-serve basis.

Please Note: The drop deadline has now passed for all spring clinics.  If you are enrolled in another spring clinic, you may not drop that clinic without receiving a “WD” (withdrawal) notation.

Community Enterprise Project Helps Empower Small Business Owners in Boston

By Alex Glancy, J.D. ’19

Caption: Alex Glancy (J.D. ’19) and Michael Trujillo (J.D. ’18) present to a group of community leaders and small business owners in Jamaica Plain about commercial lease basics. This workshop was co-hosted by the Jamaica Plain Neighborhood Development Corporation (JPNDC).

On a winter afternoon, I met with Mehedi* at CVC Unidos, a community center in Boston’s Dorchester neighborhood. Mehedi is a convenience store owner. He has a bright smile and will never let you leave without offering you a soda or water bottle. He was opening a second convenience store and had recently received the lease for that property. CEP was holding office hours, and he came to get legal advice. He handed me the 6-page unsigned lease agreement, filled with dense contract language. I took a deep breath and started reading.

As Mehedi waited for my opinion on his lease, he asked, “So did my landlord give me a good lease?” I began scrutinizing Mehedi’s lease. I noticed a problem. The lease contained a subordination provision, which meant that his lease could be terminated if the landlord’s mortgage lender ever foreclosed on the property. “You could lose your lease if your landlord defaulted on his loan,” I explained. This was a risk Mehedi did not want to take.

During my time in the Community Enterprise Project (CEP), we developed a presentation and corresponding Commercial Leases 101 Toolkit  designed to assist small businesses in Boston and Somerville. To develop these materials, we met with numerous community partners, canvassed commercial districts in Boston (such as the Bowdoin-Geneva area, where I first met Mehedi), and consulted with experienced clinical instructors familiar with real estate law.

Caption: This is a flyer for one of numerous commercial lease workshops held around Boston during Fall 2017. We distributed the flyer throughout Dorchester. This workshop was co-hosted by the Dorchester Bay Economic Development Corporation (DBEDC)

Unlike residential tenants, commercial tenants have virtually no rights outside of their lease. Any rights are described in the lease agreement, so it is important to sign as good a lease as one can. How can small-business owners, especially the poor or non-English speaking, sign better commercial leases? In navigating the Wild West of commercial real estate, they could use attorneys. But even more crucially, they need community organizations that fight for increased economic and political power. We designed our project to assist small business owners one on one, and also to lay the groundwork for systemic change in the ongoing defense against gentrification.

A transactional lawyer is a luxury for the majority of small businesses, including those in low-income communities facing more pressing legal issues, such as lack of housing or public benefits. Retaining a lawyer might seem so unattainable that the thought does not even cross one’s mind. Although transactional lawyers might seem like last priority, their impact can be long lasting. A transactional lawyer knows that you never know until you ask, and can suggest minor changes that make a big impact. As a first step, transactional lawyers remind clients that a contract is a two-way street, with room to create solutions that will benefit both sides.

At the conclusion of our meeting, we advised Mehedi to add a “non-disturbance” provision to his lease, so that the landlord’s mortgage lender could not unilaterally terminate Mehedi’s lease. We also advised Mehedi to delete certain ambiguous provisions. Mehedi planned on signing the next day, and he walked away jolly knowing that he would be better protected. Small business owners like Mehedi should negotiate their leases in this manner.

With rents on the rise, however, a landlord might not be willing to negotiate. Increasingly, landlords are commercial developers with whom it is difficult to forge a personal relationship. In fact, the majority of land in Boston is owned by a handful of these developers.

Thus the community-wide effort to resist displacement is crucial. We often catered our workshops to community organizers working on these systemic issues. In the case of recent evictions of El Embajador Restaurant and De Chain Auto Service, JPNDC and City Life/Vida Urbana, among others, created a campaign to resist displacement of these neighborhood businesses.

A long-term solution will be city or statewide legislation to create more statutory rights and protections for commercial tenants. Students in CEP next semester are planning to collaborate with community groups to devise such a policy proposal and help these community groups push proposals through Boston’s political machine. By forming a coalition of community groups, our goal is to help empower the community as they fight for increased economic opportunities.

*Name has been changed to protect confidentiality

Cyberlaw Clinic files amicus briefs in patent and online privacy cases

Via Harvard Law Today

The Berkman Klein Center’s Cyberlaw Clinic, which provides pro-bono legal services to clients on issues relating to the internet, technology and intellectual property, has written in support of a number of technology cases in recent weeks.

In December, the Clinic filed an amicus brief in the U.S. Supreme Court on behalf of United Nations Special Rapporteur on the Right to Privacy Joseph Cannataci in the case United States v. Microsoft, Case No. 17-2. The case—commonly known as the “Microsoft Ireland case”—presents the question of whether a search warrant can compel Microsoft to produce to the US government the contents of an email account stored on Microsoft servers in Ireland.

Also in December they filed an opening comment on behalf of the Software Preservation Network and the Library Copyright Alliance, asking the Library of Congress to grant an exemption for libraries, archives, museums, and other cultural heritage institutions to circumvent technology protection measures in order to preserve software and software-dependent materials (digital files that require on software access to be readable).

Last week they helped file an amicus brief with Professor Bernard Chao of the University of Denver Sturm College of Law on behalf of eighteen intellectual property law professors, supporting petitioners’ request that the Supreme Court review a decision of the US Court of Appeals for the Federal Circuit.  That decision—Mentor Graphics v. Eve-USA, (Fed. Cir. March 16, 2017)—awarded patent damages against petitioners. But, as amici argue in the brief, the Federal Circuit failed to properly apportion those damages when assessing respondent’s lost profits.

For more information on these and other Cyberlaw Clinic endeavors, visit their blog.

Advocating for those without a voice

By Kate Barnekow, J.D. ’19

Kate Barnekow, J.D. ’19

I came to law school because I wanted to help those whose voices are often not represented in the legal system. As a longtime supporter of the animal protection movement, I was thrilled as a 1L to discover HLS’s Animal Law and Policy Program and, subsequently, learn about all of the ways we can help animals—who are still considered property in the eyes of the law—through the legal system. Once I committed myself to a career in animal law, and particularly after a summer spent working with an animal rights organization, I was eager to continue learning from attorneys in the field. Because HLS does not currently have a dedicated animal law clinic, I was excited to learn that I could work for an existing animal protection organization for clinical credit during the academic year through the Independent Clinical Program.

I have been working with the legal team at Compassion Over Killing (COK), a national nonprofit animal advocacy organization that focuses on cruelty to farmed animals used in agriculture. Last semester, I worked on a wide range of projects, researching state criminal law and pending federal legislation, conducting factual research, and helping to brainstorm new approaches to ensure the safety and welfare of farmed animals, as well as the workers who come into contact with them. One of the issues my work touched on was an ill-conceived policy proposal to raise line speeds to levels that present unprecedented and unacceptable risks to both animal welfare and worker safety.

As many law students will tell you, the work you do in law school on a daily basis is often not representative of what you will do after graduation—or of the reason you came to law school in the first place. For those reasons, my time working with COK was invaluable. It has further honed my research and writing skills, as well as introduced me to a wide range of field-specific laws and regulations and ways of thinking about the law, all while allowing me to put into practice the reason I came to law school: to work for the protection of those without a voice in the legal system.

Deadline Extended – Election Law and Voting Rights, Spring 2018 Independent Clinical Opportunity

Update: Deadline Extended to 1/8/18 at 5PM

Please Note: Students who meet the initial deadline of 1/5/18 will not be effected by this extension.

Remote placements for 2 or 3 clinical credits with the following organizations*:

Students who are interested in one (or more) of these placements should submit a resume and a short statement for each placement they would like to be considered for.  If you are interested in more than one placement, please include a list of your ranked preferences.  These materials should be submitted to the Office of Clinical and Pro Bono Program (OCP) by January 5, 2018 January 8, 2018 at 5PM (clinical@law.harvard.edu).

OCP will send work with these organizations to select students, and will coordinate communication once decisions have been made.  Students who are selected to work with one of the organizations above will enroll in an Independent Clinical and will need to complete an Independent Clinical Application by January 12, 2018.  Independent Clinical requirements include a 15-page academic paper due at the end of the spring semester. Students will need to secure either Professor Charles Fried or Professor Larry Lessig as their faculty sponsor for the independent clinical.

Cyberlaw Clinic Supports Supreme Court Amicus Effort on Patent Damages

Via Cyberlaw Clinic

The Clinic was pleased to have had the opportunity to work with Professor Bernard Chao of the University of Denver Sturm College of Law on an amicus brief that Professor Chao filed in the United States Supreme Court this week.  The brief, submitted on behalf of eighteen intellectual property law professors, supports petitioners’ request that the Supreme Court review a decision of the United States Court of Appeals for the Federal Circuit.  That decision – Mentor Graphics v. Eve-USA, (Fed. Cir. March 16, 2017) – awarded patent damages against petitioners.  But, as amici argue in the brief, the Federal Circuit failed to properly apportion those damages when assessing respondent’s lost profits. 

The brief points to a long line of precedent describing how patent damages should be apportioned – evaluating “the profits that the patent holder would have made but for the defendant’s infringement” and then “apportion[ing] the calculated profits between those attributable to the infringing features of the product, and those attributable to other, non-infringing, features.”  Amici argue that the Federal Circuit’s decision below is legally deficient (insofar as it fails to follow this precedent) and represents bad patent policy (insofar as it may adversely impact high-tech defendants, which develop products covered by hundreds or thousands of patents, and improperly overcompensate patentees).

Fall term Harvard Law School Cyberlaw Clinic students Brian Lebow and Ben Shiroma worked with Chris Bavitz in the Clinic, and with Professor Chao, on the brief.

Spanish for Public Interest Lawyers – Spring 2018

Spanish for Public Interest Lawyers is a non-credit class that offers HLS students the opportunity to learn Spanish language skills in a legal context, emphasizing language most commonly used in civil and criminal legal services practice. The class will strengthen existing Spanish speaking and comprehension abilities and teach Spanish legal vocabulary to students involved in public interest legal practice. The class will introduce students to general legal Spanish vocabulary (e.g. immigration, human rights, legal aid, etc.). Students will work to develop stronger attorney-client relations by improving communication with Spanish-speaking clients.

STUDENTS MUST HAVE AT LEAST ADVANCED PROFICIENCY IN SPANISH.

To Apply: Email clinical@law.harvard.edu with the following information by 5 PM on Monday, January 15.

  • Name
  • Year (1L, 2L, 3L, LL.M.)
  • If applicable, name of the clinic or SPO you will be working with in the spring and any clinic or SPO you have previously worked with.
  • At least one paragraph, in Spanish, describing your general interests and your focus in law school.
  • Bullet points (also in Spanish) that list past or current experiences you’ve had speaking Spanish or working with Spanish-speaking client.

Students will be contacted by January 17 with the results of their application. Students who are accepted will receive more information about the class schedule and location. Classes will be held weekly. The first class will meet the week of January 22 and the last class will meet the week of April 2.

Clinical Alumnus Blake Strode ’15 to lead ArchCity Defenders

Via the St. Louis American

Thomas Harvey and Blake Strode

Thomas Harvey, executive director and co-founder of ArchCity Defenders, told The St. Louis American that he will leave the St. Louis-based civil rights law firm at the end of the year, with Blake Strode to succeed him in leadership.

Thomas Harvey, executive director and co-founder of ArchCity Defenders, will leave the St. Louis-based civil rights law firm at the end of the year, with Blake Strode to succeed him in leadership.

Harvey, 45, and Strode, 30, made the announcement to The St. Louis American on November 2. Harvey credited the paper’s previous coverage of the firm’s fundraising efforts to attract and retain black attorneys for its ability to retain Strode after his Skadden Fellowship from Harvard University, which brought the Pattonville High School graduate home to St. Louis, expired….

ArchCity was Strode’s first job coming out of law school, and he said the firm’s “multi-faceted advocacy” practice is truly unique. Unlike many civil rights firms that find a policy they want to change and then search for the right clients to front their suit, ArchCity does direct legal service to poor clients and moves from solving their individual problems to finding opportunities to strike for systemic reforms.

Continue reading

The Nobel Peace Prize Celebrations: Recognition and Reinvigoration for Humanitarian Disarmament Advocates

Via International Human Rights Clinic

By Bonnie Docherty, Associate Director, Armed Conflict and Civilian Protection and Lecturer on Law

ICAN Director Beatrice Fihn speaks at 2017 Nobel Peace Prize ceremony in Oslo City Hall. Photo credit: Ralf Schlesener.

On December 10, 2017, at 1 p.m., uniformed musicians on the grand staircase of Oslo City Hall brought their gleaming trumpets to their lips and the audience to its feet. The clarion salute they sounded heralded the arrival of the king and queen of Norway and a new era of nuclear disarmament.

In front of dignitaries, diplomats, and dozens of civil society campaigners, myself included, the International Campaign to Abolish Nuclear Weapons (ICAN) received this year’s Nobel Peace Prize.

The award honors ICAN for having “given the efforts to achieve a world without nuclear weapons a new direction and new vigour.” In particular, the prize recognizes the civil society coalition’s “ground-breaking” work to realize a treaty banning nuclear weapons.

Continue reading

Cyberlaw Clinic Files Brief for UN Special Rapporteur in Microsoft Ireland Case

Via Cyberlaw Clinic

On December 13, 2017, the Cyberlaw Clinic filed an amicus brief in the United States Supreme Court on behalf of United Nations Special Rapporteur on the Right to Privacy Joseph Cannataci in the case United States v. Microsoft, Case No. 17-2.  The case – commonly known as the “Microsoft Ireland case”– presents the question of whether a search warrant issued in the United States pursuant to a U.S. statute (the Stored Communications Act, 18 U.S.C. § 2703) can compel Microsoft to produce to the U.S. government the contents of an email account stored on Microsoft servers in Ireland.  The Supreme Court is hearing the case this term on appeal from a decision by a three-judge panel of the United States Court of Appeals for the Second Circuit, which held that the U.S. could not enforce a warrant seeking digital information stored on overseas servers.

The Clinic’s brief on behalf of Special Rapporteur Cannataci supports neither party with respect to the question of domestic law at the heart of the case.  But, it offers important context about Internet jurisdiction and places the right to privacy in its proper context against the backdrop of global human rights laws and norms.  Specifically, the brief urges the Supreme Court “to recognize the universality of the right to privacy, as first recognized in New York on December 10, 1948 when the U.N. General Assembly adopted the Universal Declaration of Human Rights.”

The brief goes on to note that, because of the complexities associated with applying traditional international law principles of territoriality to online privacy, there are no easy answers to the questions raised in this case.  Moreover, a sweeping ruling from the Court could have significant repercussions on international efforts–including those already underway–to develop streamlined processes that balance competing interests in scenarios like the one presented by this case.  In light of those efforts, we argue on behalf of Special Rapporteur Cannataci, the Court should rule narrowly and thereby “respect the privacy interests of other nations and foster international cooperation.”

Mason Kortz and Vivek Krishnamurthy on the Cyberlaw Clinic team worked with fall 2017 Clinic students Osvaldo Galeano-Gamera, Devony Schmidt, Jon-Paul Berexa, and Levi Barry – along with Special Rapporteur Cannataci – on the brief.

Software Preservation Comments Filed in 1201 Rulemaking

Via Cyberlaw Clinic

image of blurred, close up code running on a computerBack in December, the Cyberlaw Clinic filed an opening comment in the seventh triennial proceeding for exemptions to the anti-circumvention clause. The comment, on behalf of the Software Preservation Network and the Library Copyright Alliance, asks the Library of Congress to grant an exemption for libraries, archives, museums, and other cultural heritage institutions to circumvent technology protection measures in order to preserve software and software-dependent materials (digital files that require on software access to be readable).

As software becomes the default method of production for more and more artistic and cultural works, preserving it gains vital importance, both for the continued longevity of cultural objects, and for the study of software itself. Existing legal alternatives, such as seeking licenses or permissions from rightsholders, have proved insufficient to tackle the substantial problems of preserving software and software dependent materials. To put it simply, digital preservationists need an exemption to anti-circumvention law in order to ensure that software is available to future generations.

Students Evelyn Chang, Jillian Goodman, and Anderson Grossman researched and drafted the comments. As discussed previously on the blog, the digital preservation petition is one of 22 new exemptions being requested in the 2018 rulemaking petition. Opposition comments will be due in February 2018, and the Library of Congress’s final rule is likely be released by next fall.

You can read the full comment, as well as user stories from digital preservationists, here.

Harvard Law students travel across the world in pursuit of clinical work

This winter term, over a hundred students have traveled to 62 cities across the world to pursue clinical projects with governmental agencies, legal services organizations, non-profit organizations and the judiciary.

Students can engage in clinical work with outside organizations through HLS’s Independent Clinical Program and Externship Clinics.  Through the Independent Clinical Program students have the opportunity to be entrepreneurial and design a placement that will meet their individualized learning goals. This semester, students have designed a wide range of projects focusing on issues such as community economic development,  domestic violence, international human rights, consumer rights, and voting rights located in 26 states across the US and 22 countries worldwide.

Through Externship Clinics, students can also participate in on-site clinical work at hundreds of organizations across the United States. This semester they’re working with the Attorney General Offices in California, Iowa, New York, and Ohio; organizations such as the Office of the Federal Public Defender (Sacramento, CA), The Capital Appeals Project (New Orleans, LA), American Civil Liberties Union (Durham, NC); and private entities such as the Kraft Group (Foxborough, MA),  Nashville Predators (Nashville, TN), and the National Football League and Brooklyn Nets (New York, NY). These experiences are further enriched in the classroom through discussions and reflections.

United States Countries Worldwide
Ann Arbor, MI Las Vegas, NV Abuja, Nigeria
Atlanta, GA Los Angeles, CA Amman, Jordan
Auburn Hills, MI Marietta, GA Astana, Kazakhstan
Austin, TX Milwaukee, WI Bangkok, Thailand
Beaumont, TX Minneapolis, MN Beirut, Lebanon
Berkeley, CA Nashville, TN Bogotá, Colombia
Boston, MA New Haven, CT Cape Town, South Africa
Cambridge, MA New Orleans, LA Edinburgh, Scotland, United Kingdom
Camden, NJ New York , NY Guangdon, China
Carrollton, OH Philadelphia, PA Haag, Netherlands
Chicago, IL Portland, ME Harare, Zimbabwe
Columbus, OH Providence, RI Hong Kong
Denver, CO Sacramento, CA London, UK
Des Moines, IA San Francisco, CA Nairobi, Kenya
Durham, NC Santa Ana, CA New Delhi, India
Flagstaff, AZ Seattle, WA Ontario, Canada
Foxborough, MA Shreveport, LA Seoul, South Korea
Grand Rapids, MI St. Louis, MO Stockholm, Sweden
Honolulu, HI Tacoma, WA Sydney, Australia
Houston, TX Washington DC Arusha, Tanzania
Tel Aviv, Israel
Tunis, Tunisia

Happy Holidays!

OCP wishes HLS students, faculty, and staff a wonderful holiday season! We hope you’ll have lots of fun and exciting moments on your travels and with your families!

Our office will close on December 22, 2017 will reopen on January 2, 2018.

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