NUSL professor Margaret Burnham met Nelson Mandela, who passed away yesterday, when he appointed her to an international human rights commission. Today she shares some of her thoughts and memories of him in the news @ Northeastern 3Qs column.
by Professor Mary O’Connell
Every November, I make my way to Dedham, Massachusetts – which is not on my usual itinerary. There I meet with the judges of the Massachusetts Probate and Family Court as part of the Court’s annual Freedman Retreat. The retreat is a rare opportunity for the judges to leave the courtroom for two days and come together to talk about issues of interest and concern in the ever-changing landscape of family law.
by Professor David Phillips
Criminal prosecutions brought by the Justice Department and civil actions instituted by the Securities and Exchange Commission against parties accused of “insider trading” have been prominent in the news lately. SAC Capital Advisers LP, a hedge fund, in a settlement of a criminal prosecution by the United District Attorney for the Southern District of Manhattan, has agreed to pay a penalty of $1.8 billion. That criminal penalty is in addition to an earlier settlement with the SEC involving a civil penalty of $616 million. These actions follow an earlier criminal prosecution involving another prominent hedge fund, Galleon, and its founder, Raj Rajaratnam, also for insider trading.
Over the past month a number of our students and faculty have been featured in a variety of publications. Read on to see what the NUSL community has been up to lately!
Emily Rochon ’13 is Boston Community Capital’s first public-interest law fellow – Boston Community Capital launches a $100K public-interest law fellowship
Professor Daniel Medwed in the New York Times – Parole Is Granted in a 1995 Killing Investigated by a Brooklyn Detective
Dean Jeremy Paul shares his opinion on legal education in preLaw Magazine — You Could Look it Up: What Does Legal Education Really Teach?
The Civil Rights & Restorative Justice Project, founded by Professor Margaret Burnham, continues to do important research on Civil Rights-era (and earlier) cases, like the one recently reported on in the Baton Rouge Advocate — 1933 La. lynching receiving new scrutiny
Professor Dan Austin shares his ideas about solving the student loan debt crisis in the Huffington Post — Not So Fast, Senator! How to Really Solve The Student-Loan Debt Crisis
Contrary to a popular canard, the law is NOT all easily found – and for free! – on the Internet. Paradoxically, the explosion of plentiful on-line legal information is making it more important, not less, for law students and lawyers to become skilled legal researchers and continually update their research skills.
The law permeates everything and changes constantly. Legal research remains a bedrock experiential skill for anyone working in the law. The 2013 National Conference of Bar Examiners’ NCBE Job Analysis: A Study of the Newly Licensed Lawyer confirmed earlier studies showing that legal research is a crucial experiential skill in practice. 98% of newly licensed lawyers reported performing electronic research, and 91% performed print research. Surveys done last summer at two law schools showed that 66 – 76% of law students reported spending at least half of their time conducting research while on work externships.
Maybe it’s the turning of the leaves, the shortening of the days, or the onset of a new academic year, but autumn always feels like a time of transition. Amidst all the change, it’s important to take a moment to stop and reflect. October, which is both Domestic Violence Awareness Month and Pro Bono Month, is the perfect time for me; the causes honored this month prompt me to contemplate my legal path: what drew me to my work, and how can I ensure that my career is sustainable?
“If we are going to tackle issues of quality, we need to explore redesigns of law schools that do more than just shorten the time to graduation. A better solution is to encourage law schools to experiment with programs that foster learning on the job.”
Our faculty have been weighing in on a variety of cultural and legal topics lately. See what they have say!
- Dean Luke Bierman talks legal innovation on WBUR‘s Radio Boston — Ditch Year Three? Rethinking Law School and the Practice of Law
- NuLawLab gets a mention in the Boston Globe — Start-ups Take on Tough Customers: Lawyers
- Professor Margaret Burnham on WBUR‘s Congnoscenti – A Nation-Creating Moment: Remembering The March On Washington. And on WBUR‘s Here & Now – Special coverage of the “Let Freedom Ring” commemoration on the National Mall in Washington
- Professor Michael Bennett on The Huffington Post — How Best To Spend The Detroit Institute of Arts’ 15 Minutes of Fame
- Professor Daniel Austin comments on Student Loan Debt in the Deseret News — How Bankruptcy Could Help Solve the Student Loan Crisis Student Loan Debt
When I was in law school, I was troubled that my civil procedure professor kept telling us that the Federal Rules of Civil Procedure (“the Federal Rules”), which govern how non-criminal cases are processed in all federal trial courts, were the most enlightened procedural code on the planet. But we were not told a word about how or why they became law in 1938. It was as if these rules descended full blown from heaven.
Frustration can be an impetus for inquiry. Upon becoming a law professor in 1970, I have spent much of my professional life trying to figure out the historical background of procedural rules – who wants and benefits from procedural change and how do they achieve procedural reform. And so I wrote the historical background of the Federal Rules and the mid-nineteenth century Field Code (that provided rules for civil cases for over half of the citizens in the country).
With the invaluable help of my former student and frequent co-author, Thom Main ‘94, who now teaches at the William S. Boyd School of Law, U. of Nevada, Law Vegas, and countless NUSL students, I have been working on the historical background of current American civil procedure. We call this “The Fourth Era of American Civil Procedure.”
by Katherine Schulte, Supervising Attorney, Domestic Violence Institute at Northeastern University School of Law
“Any information from the purported victim?”
“Nothing definite, judge…the information I have is that she’s not here….about whether she’s coming later today, I don’t know.”
“I understand, but at least she’s not here now, so there’s no reason for me to hold this situation and address it?”
This is an excerpt from a transcript of the August 14th hearing in which Jared Remy, son of the famed Red Sox broadcaster, was charged with assaulting his girlfriend Jennifer Martel. The night before he had been arrested for slamming her face into a mirror. Martel was granted an emergency restraining order that night, but, as the above exchange shows, chose not to come to court to extend it the following morning. Remy was released with a warning not to abuse Martel. The next day, she was dead.