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Category: Legal & Policy Work (page 2 of 2)

CLEA Files Amicus Brief in VA Attorneys’ Fees Case

January 15, 2015 / / 0 Comments

Via the Clinical Law Prof Blog

CLEA has filed an amicus brief in the case of Rogers v. McDonald in the United States Court of Appeals for Veterans Claims. The case involves a successful claim by Harvard’s Veterans Clinic and the VA’s refusal to pay attorneys fees under the Equal Access to Justice Act. 

The brief is available at CLEA’s site here. 

From the introduction:

A federal judge once said, “[W]hen all else fails . . . , consult the statute.” Here, the Equal Access to Justice Act (“EAJA”) is clear. Under the terms of the statute, Mr. Rogers is the prevailing party, the government’s position was not substantially justified, and there are no special circumstances that make an award unjust. The Department of Veterans Affairs (“VA”) does not dispute any of these points. Therefore, the plain language of the statute dictates that the “court shall award . . . fees and other expenses.” 28 U.S.C. § 2412(d)(1)(A).

VA fails to identify any statutory text modifying this clear directive or otherwise supporting its position that the EAJA does not authorize recovery for work performed by law students in law school clinics. Instead, VA relies on misapplied law and misplaced policy in proposing a bar on EAJA awards that would decrease access to legal counsel, disincentivize work done by law school clinics, and diminish law students’ ability to serve unrepresented citizens. . . .

International Human Rights Clinic and Human Rights Watch Call for a Ban on Killer Robots

October 25, 2013 / / 0 Comments

At a UN meeting in New York,  the International Human Rights Clinic and Human Rights Watch called for urgent action to stop the development of fully autonomous weapons, or “killer robots.” The Clinic and HRW released a question and answer document that makes plain the seriousness of the threat from these weapons, which would have the ability to identify and fire on human targets without intervention. The document builds on a November 2012 Report jointly published by the Clinic and HRW, entitled Losing Humanity: The Case Against Killer Robots.

Clinical students Kenny Pyetranker, J.D. ’13, Jonathan Nomamiukur, J.D. ’13, and Harin Song, J.D. ’14 contributed both research and writing to the paper. Please see here for the full press release from HRW.

Note: This post was adapted from the International Human Rights Law Clinic website.

Update: Victory for Emmett Environmental Law & Policy Clinic

August 15, 2012 / / 0 Comments

From the Emmett Environmental Law & Policy Clinic:

Led by Clinic Director and Clinical Professor Wendy Jacobs, HLS students have prevailed in a two-year battle to lift restrictions on the installation of solar power in Massachusetts.

For more than 2 years, the Emmett Environmental Law & Policy Clinic has represented a group of general contractors who specialize in renewable energy projects but were being blocked from installing solar power by a state licensing board. Taking a position that was contrary to a host of state programs designed to promote solar energy, the Massachusetts State Board of Examiners of Electricians tried to prevent anyone other than licensed electricians from organizing, managing or installing solar power in the state. The Clinic stepped in to defend the solar contractors in enforcement actions and challenge the Board’s policy.

On July 18, 2012, the court granted summary judgment in the clinic’s favor holding unequivocally that: “Plaintiffs may advertise and contract for PV System installations and subcontract with licensed electricians.” The court agreed with the clinic and rejected the Board’s interpretation “because it ‘is not supported by the language of the statute, the context from which it arose, any consistent administrative interpretation, or the legislative policy on which the statute is based.'” The case is Carroll v. Massachusetts Board of State Examiners of Electricians, No. 10-3408-C.

The win is a testament to the hard work and commitment of the HLS clinic students. Said Wendy Jacobs, “I could not be prouder of them. At least 7 of our students have worked on this case since 2009, representing the clients in administrative hearings and litigation and filing at least a dozen briefs. Four students presented oral arguments in this case, and two of them–Nick McDaniel and Chris Rendall-Jackson—even returned after graduation to do so.” Jody Freeman, Director of the HLS Environmental Law Program, praised Jacobs, staff attorney Shaun Goho and the students for their persistence, “After a hard fought battle, our Clinic finally prevailed. The result is good public policy and a significant step forward for clean energy in the state of Massachusetts.”

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