DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 1

I Was Hereby Patience O. Babajide ’13, Editor-in-Chief

“When you want something so bad that the thought of actually achieving it scares you, taking the first step towards accomplishing that goal is always the toughest to make,” a dear friend once told me. “But once you start the journey, you’ll be happy you did.”

Three years ago, I began a journey that has spared me l i t t le to no t ime for reflection. Time, instead, has seemed to fly by as though it were in a hurry to arrive at its destination. On the rare occasion that I allow my mind to wander, I f ind myself

reminded that over the past three years I have endured great trials, but achieved great successes in return. I truly am happy that I took that first step.

One of my greatest accomplishments is in knowing that I contributed to the transformation of this Newspaper. Today, Due Process is not only the voice of the student body; it is also a source of news, entertainment and commentary. I would like to thank everyone who submitted materials to be published in the paper, those who picked up a copy in the lobby and on the stands, and those who offered the Due Process staff your encouraging and kind words—Due Process could not have been successful without you!

I can say with great certainty that I have made the most of my time here at New England Law|Boston. I forged incredible friendships; created great networks; and stood as a vocal and active member of the Law School community. I have been humbled by the recognition of my many weaknesses—but above all—reassured by the revelation of my numerous strengths.

In a few short weeks, the class of 2013 will graduate—marking the end of this journey and the beginning of another. My hope is that in the short time I have spent here at New England Law|Boston, I have left something positive to be remembered by.

To my fellow graduating class of 2013, it’s been a great ride and a great pleasure knowing and working with many of you. I wish you all insurmountable success and look forward to celebrating all of our countless accomplishments!

DUE PROCESSBuilding the Campaign for Positivity

by Genevieve Burguieres ’13

TABLE OF CONTENTS

Voice of NEL|B! ! ! page 2

Message from Dean O'Brien! page 2

Due Process Through the Years

! by Tiesha Fields! ! page 3

Yard House, Fenway" " " "

! by Naitasia Hensey !! page 4

The “Health Effects” of Land-sited Wind

Turbines! ! !

! by Keith Richard! ! page 4

Superlative Winners! ! page 6

My Favorite Professors! ! page 8

Why the South (Korea) Sha& Rise Again

! by Amin Ganjalizadeh! page 9

Puzzles & Classifieds! page 10

Due Process E-Board Results page 11

The scholastic year is coming to a close. Soon, the 3LDs and 4LEs will graduate with triumphant success. We will gather our Juris Doctorates and résumés, holding them tight through the turbulent first years of practice and new careers. Now is a good time to reflect on where we all started and how far we’ve come. As a 1L, I remember thinking, “What have we gotten ourselves into?” As a 2L, the experience was jaw dropping. The hoops we hurdled through as 1Ls, paid off in practice. The internships became real, the juggling cases and clients a daily routine, and the reality was daunting and thrilling at the same time. As a 3L,

classes become tenuous and yet your GPA still matters, making school an uphill battle. The year is bitter-sweet and I found myself studying because, well, we just won’t have to do it for that much longer . . . . Then, the end of your graduating year hits. Gearing up for the transition of graduation, you and your friends are forced to make d i ff i cu l t and se l f -interested sacrifices to focus on where you want to be and how you will get there. In this school, as in every other law school, it is

not a matter of who can do it, because everyone can; its just a matter of who will do it positively and who will gripe – who will do it with confidence and who will claw their way up, complaining.

My time at New England Law has been stellar. The SBA gave me the opportunity to hone my leadership skills, interact with so many more than just my immediate class peers, and to express something I found difficult to express before—my positivity. I'm not always happy, and I don't have boundless energy, but I am positive. Before this year, I

hadn’t figured out how to harness or utilize this positivity “skill”. I took advantage of the rare opportunity I was afforded through the SBA to discover this asset.

For the past year, I have established the 4 Pillars of Positivity to develop a Campaign for Positivity. At first, I thought this would be a yearlong campaign, now I realize it is best to consider it a timeless campaign that took one year to develop its core basic principles (dubbed, the “4 Pillars”). I hope to expand on these Pillars as I continue throughout my legal career but for now, I want to tell you what I’ve learned about positivity at its core and summarize the Pillars.

A brief summary of the 4 Pillars of Positivity: Post. In our world, there are hundreds if not

thousands of transient posts by individuals and media that infiltrate our consciousness, why not post the positive, to give people an unconscious boost rather than a shove or a jab?

Pledge. Pledge a positive activity or idea, this way you have something positive to cling to or strive towards.

Prepare. Take on meetings, problems, and people having prepared to be positive, see if you can’t get your “opponent” to do the same.

Project. The last pillar is really a projection itself—if you can operate by posting, pledging, and preparing to be positive, you will inevitably project positivity in your daily life.

Continued on Page 2.

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 2

Message from Dean O’BrienStrategic Planning Committee

Legal education nationwide is facing unprecedented challenges, which is prompting self-examination and proposals for new approaches at many schools. Similarly, New England Law | Boston has recently begun a strategic planning process to chart the school’s course for the next 5-10 years.

At New England Law, our approach is to think broadly about issues of strategy and process as part of our ongoing administrative leadership efforts and year-end faculty and staff meetings. But our last comprehensive, institution-wide strategic planning effort took place in 1999, and we had anticipated repeating this process in the near future. Given the significant changes and challenges that both legal education and the legal profession are currently facing, the Board of Trustees, the faculty, and I saw the benefits of undertaking a more focused and in-depth exploration at this time.

With that in mind, we formed a 24-member committee of interested faculty members, key administrators, and student representatives, and the chairman of the Board of Trustees and president of the Alumni Association were also named to the group. I am serving as chair of the committee, which has already met several times. Two SBA officers are representing student ideas and interests: Sam Altiero ’14, SBA day division vice-president, and Tracy West ’14, evening division vice-president.

Working groups have been established to tackle specific areas, including admissions, employment/career services, faculty/teaching resources, academic centers, institutional initiatives, the J.D. educational program, possible new programs or degrees, and student support programs. These sub-committees are meeting this spring and will reconvene as a full committee to share initial findings. We expect our work to continue into the next academic year.

If you have thoughts or questions on this process or the issues that are being addressed, please contact Sam or Tracy to convey your input.

This will be a complex process and will raise difficult issues, but I am convinced that the committee’s work will guide us in the immediate future and will ensure that we will be well positioned for the coming decade.

Alumni Career Forum

We had another successful annual Alumni Career Forum on April 3, at which 71 alumni, representing more than 40 practice areas, were available to speak with students and answer questions about their experiences in the legal profession. Almost 100 students attended to take advantage of this opportunity. We’re grateful to the alumni who devoted their time to this event. Our graduates are great resources, as lawyers who have followed your path through New England Law and are successful practitioners in a wide range of fields.

I hope that our continuing students will keep this event in mind next year, as well as the Bridge to Success Mentor Program, which pairs students with individual alumni. Our graduates are a valuable source of guidance and networking connections, and I encourage you to take advantage of these programs.

Summer Fellowships Program

Since we announced the summer fellowships program in January, students have been signing up for this program, locating placements on their own or with the assistance of the faculty program directors. Approximately 70 students have been placed at law firms and other organizations and will be receiving stipends from the law school for their work this summer. We are extremely pleased with the response to this program, both from students and from employers; we are particularly grateful to the alumni who are participating. We are confident that these placements will enhance the future job prospects of these students by providing important work experience. We’re also looking forward to the guidance and mentoring that the students will be able to provide to others when they return to school in the fall. I’m grateful to Professors Mark Bobrowski, Vic Hansen, Peter Manus, and David Siegel for coordinating this innovative and valuable program.

Spring Symposia and Panels

Student groups and academic centers have sponsored a broad range of substantive programs in recent months. Featuring members of our own community and outside experts, these events have focused on a wide range of topics: immigration reform, international commercial transactions, theft in the information age, the political and military situation in Gaza, transgender legal issues in Massachusetts, reform of intellectual property law, academic freedom, New York’s proposed tobacco product display restriction, women’s progress in the legal field, and a Supreme Court case examining the use of police K-9s in the scope of the Fourth Amendment. The diversity of topics is impressive, and both faculty and students worked hard to organize these programs. I thank everyone who participated in developing the topics, attracting speakers, and presenting these panels and symposia to our community.

Final exams and bar preparation

Classes end this week, and your exam preparation has probably already begun. As always, hard work and focus are key. For those who are graduating in a few short weeks, study for the bar exam will start almost as soon as you finish your law school exams. I’m very aware of how demanding and stressful this period is, but I want to remind you that New England Law offers substantial support for those preparing for the bar exam. I urge you to take advantage of these programs and keep the following tips in mind:

Start studying early and continue studying through the exam period.Enroll in a reputable bar review course and take full advantage of any pre-

bar training offered by the bar review companies before classes start.Treat bar preparation like a full-time job throughout June and July.Attend all the bar exam workshops and classes that New England Law

offers in June and July, taught by Professor Robert Coulthard. Professor Coulthard will send an e-mail in May to all members of the Class of 2013 with details and a schedule of the programs being offered. If you have any questions before then, feel free to contact Professor Coulthard at 617-981-1958.

Best of luck on the successful completion of the 2012-2013 academic year and, for the Class of 2013, congratulations on your upcoming graduation and best wishes as you prepare for the bar exam.

Continued from Page 1. I am not trying to say that being positive is the same as being successful or even happy, but I do believe that being positive by posting, pledging, preparing, and projecting positivity make both success and happiness more readily available to you. The best part is that once you take a moment, (or a year, as I have) to work through each of these pillars, you can always get right back up to that level of operating on all four. It’s kind of like riding a bike—once you figure out how to operate it, you can always hop back on. If you go astray from the campaign, even if you forget all about it for a little while, you can always come right back. Make the decision on a daily basis to post, pledge, prepare, and project positivity and soon it will be second nature, positively effecting your daily interactions and long-term life. You, your career, and your community will benefit from you being the kind of person that helps make other people feel good. I hope that you have enjoyed being a part of the development of this campaign and that you consider taking away from it my message to be positive. On behalf of the SBA Executive Board, thank you all for a wonderful year. It has been both my honor and pleasure to serve the student body as your SBA President. Congratulations class of 2013! Make us proud!

the VOICE of NELB We Asked, You Answered.

How will the court decide the Fisher v. University of Texas at Austin case regarding Affirmative Action?

Which class or topic ended up surprising you?

THE CLASS THAT SURPRISED ME THE MOST WAS CRIMINAL

PROCEDURE. I DIDN’T KNOW CRIMINAL PROCEDURE WAS GOING TO BE AS HARD AS IT

WAS.

WITH REGARDS TO HOW THE COURT MAY DECIDE THE CASE OF FISHER

V. UNIVERSITY OF TEXAS, I THINK THE COURT WILL FOCUS ON BIOETHICAL ISSUES

ACTUALLY, I THOUGHT WILLS, ESTATES, AND TRUSTS WAS A GREAT

CLASS FOR A SUBJECT I NEVER THOUGHT I WOULD BE INTERESTED IN. MY ADVICE – NEVER RULE ANYTHING OUT

- ABBIGAIL SHIRK

TO ANSWER THE FIRST QUESTION, THE COURT WILL LIKELY “MOOT IT,

AND BOOT IT”!!! TO ANSWER THE SECOND QUESTION, CRIMINAL LAW SURPRISED ME

THE MOST. DAMN THAT MENS REA!!!

THE CLASSES THAT SURPRISED ME THE MOST WEREADMINISTRATIVE

LAW AND PROPERTY

FIRST YEAR CONSTITUTIONAL LAW SURPRISED ME THE MOST BEAUSE A

STUDENT TAUGHT THE ENTIRE SEMESTER

CONSTITUTIONAL LAW ENDED UP SURPRISING ME BECAUSE IT MADE “IT DEPENDS” GO TO A WHOLE DIFFERENT LEVEL. EVEN WHEN THERE ARE

TESTS…IT ALL DEPENDS!

COPYRIGHT LAW SURPRISED ME BECAUSE IT WAS VERY COMPLEX AND

FANTASTIC. IT’S A VERY INTERESTING AREA OF LAW

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 3

Due Process Through the Yearsby Tiesha Fields ‘14 Our story can only be told by looking to those who came before us. The choices made by our predecessors determine our path today. We understand the importance of past events, and cheer on the heroes of past eras; we pray that our mistakes are not repeated, and try to imagine a future where promise meets progress. Due Process has been fortunate to have heroes in its past and champions of its future. Those who have supported and encouraged the newspaper along the way are the shoulders we have stood on to make the changes we are so proud of today. The newspaper has taken on several forms over the years. In 1977, the publication previously known as The Gavel changed names and began a new life as Due Process. From its rebirth through 1999 it was published as a newspaper. Beginning in 2000, it took the form of a magazine, with glossy cover and back pages. The 2010 academic year brought a new round of changes, namely the change in governance. For many years the newspaper was funded through the administration, but that oversight ended when the Student Bar Association agreed to take on the financial responsibilities to produce the publication. The SBA has been a consistent supporter of the paper and continues to advocate for the changes and progress the newspaper is making.

This academic year, the Due Process Executive Board decided to transition the publication back to a newspaper. This change has been met with rousing applause from students, faculty, and the administration. Not only did we breathe new life into the paper but the format change allowed us to apply for the American Bar Association Newspaper Award for the first time in many years. Our eligibility for this competition is an event which should make the student body proud. Please keep your fingers crossed and hopes high that we will win this year’s award. L i k e e v e r y s t u d e n t publication, Due Process reflects the times and thoughts of that year’s student body. And yet, the topics c o v e r e d years ago are sti l l p r e s s i n g i s s u e s f o r t h i s generation of students. T h e September 1989 issue begins with a front page article on t h e n e w l y appointed Dean of the law school, John F. O’Brien. As y o u t u r n t h e yellowing pages, an article on Phi A l p h a D e l t a catches the eye. A n d t h e n a n announcement for t h e N a t i o n a l N e g o t i a t i o n C o m p e t i t i o n just one page over from a striking advertisement for S w e e t w a t e r Café and their $1 drafts. There is a small section of personal ads and then a word search p u z z l e t o round out the issue. And no, we are not going to start including personal ads, but there is a word search on page 11 you might want to check out! A sampling of headlines through the years confirms the

notion that we are part of a colorful history, and that our daily struggles are shared by those who came before us:

- 1989: Summer Judicial Clerkships

- 1990: NESL Trial Team Blazes to Nationals- 1992: William Barr, U.S. Attorney General, to Address NESL- 1993: The school welcomes first year professors Bobrowski, Finneran,

Chester, Monserud, Smith, Sorenson, Teich and Versteeg

- 1993: Law Review’s Domestic Violence panel

- 1994 : S t a t e Leg i s l a tu r e Approves Battered Women’s Syndrome Defense

- 1995: NESL to welcome Janet Reno; Mass. School of L a w S u e s N E S L f o r Misrepresentation; Debtor Class: Grads are Used to Living Beyond Their Means

- 1996: Students Outraged Over Justice Thomas’ Visit to NESL; Latest Job Figures Shows Upswing in Legal M a r k e t ; T h r e e Students Trapped in NESL Elevator for Over One Hour

Continued on page 5.

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 4

Yard House, Fenwayby Naitasia Hensey ’14

"

" On a random Wednesday afternoon I decided to go to Yard House in Fenway—expecting nothing spectacular. I glanced at the menu on Yelp and decided it was an acceptable place to eat before the movies. Nothing too treacherous jumped out at me.

I am glad that my cursory glance did not deter me from trying this place out. There is an obscene amount of beer served, most which are house brews but,

some standard options are available as well: Sam, Corona, Heineken, Guinness, etc. If you’re not into beer, have no fear! Wine varieties, from Shiraz to Moscato, and a couple of sparkling options will satisfy those who like to drink from stemmed glasses. With a full bar, a full-page list of specialty mixed drinks, and even SKINNY cocktails, any future lawyer is bound to find something to sip on.

I had plenty of time to give the menu a leisurely look while I waited for my sister. While I am usually pretty quick to decide what I want from the menu, I couldn’t decide this time . . . Jerk wings or Firecracker wings . . . Moo Shu egg rolls or grilled sweet Korean BBQ beef?

Then, I saw it, practically hidden among the pages of the menu—a special “Happy Hour” section. Certain pizzas and appetizer items at half price Monday to Friday from 3pm-6pm and Sunday to Thursday from 10pm to close.

Pulling a Templeton from Charlotte’s Web, creating a smorgasbord of tastes at the table, I finally ended up choosing the onion ring tower, chicken nachos, and chicken garlic noodles. All delicious! I practically devoured the entire bowl of chicken garlic noodles . . . with little help. Amazingly, it has things in it I don’t eat separately, but came together nicely in the dish. The onion ring tower was not only delicious, but also fun to eat! It reminded me a little of ring toss, but in reverse. It came with two dipping sauces, but I like my rings with plain ol’ ketchup. The nachos, wow, talk about filling! And with two sizeable dollops of sour cream, I

didn’t even need to ask for more. It’s like they already knew.All of that, plus two cocktails and one beer cost $33.08, because it was “Happy Hour!” I swore I would have room for the New York Steak Sandwich, and boy was I wrong! Next time I will have to start with dessert and work my way to the appetizers. Yard House also features a gluten sensitive menu and a garden menu, described as “a chicken or beef substitute made from soy, wheat, proteins, vegetables, and ancient grains.”

Yard House126 Brookline Ave

Boston, MA(Fenway)

www.yardhouse.com

The “Health Effects” of Land-sited Wind Turbinesby Keith Richard ’14Here are some alarming sights and sounds of clean energy development in Massachusetts:

(1) Complaints by residents on the rise that wind turbine noise and “flicker” causes sleeplessness, raises blood pressure, affects balance, impairs memory, and generally makes life “sheer hell.” (2) Concerns about community health and sharp controversy make local governments reluctant to develop new clean energy projects.(3) Some towns are even considering proposals to tear turbines down.

Indeed, a recent town meeting in Falmouth voted 125-72 not to remove two turbines, only 3 years after they went up. The town received reports of health effects by 25 area households, 14 of which complained persistently. There is talk of a similar removal proposal in Scituate. The issue is not simply one of local politics: turbines have been the subject of several nuisance civil actions.

Responding to complaints in Kingston, the Massachusetts Clean Energy Center will commission a study on the effects of “flicker” (the reflection of light and shadows caused by the rotating turbine blades).

There are a number of communities in Massachusetts (e.g., Bourne, Everett, Ipswich, Medford, Plymouth, Wrentham) with similar wind turbines that have not drawn complaints, the Boston Globe reported. So what of these supposed health effects?

The “but-renewable-energy-is-better-for-health-than-fossil-fuels” argument is broadly true, but sidesteps the complaints of those directly affected. While society benefits from clean energy sources, the costs (if any) clearly fall disproportionately on those living next to a turbine. If, however, the “health effects” connected to turbines are psychological rather than physical, as research suggests, why can’t the opposition be honest? Admit it: you don't want to look at the thing. It is not a jet engine shadow

monster tyrannizing your otherwise good health. It’s simply annoying, not threatening.

In fairness, I can lend credit to complaints being more than simple NIMBYism (not-in-my-back-yard; see also “BANANA,” build-absolutely-nothing-anywhere-near-anyone; “TEDAO,” tear-everything-down-at-once; “NOPE,” not-on-planet-earth). Some locals likely believe, in good faith, that wind turbines are responsible for them losing sleep or not feeling great. But we need to discern whether there was pre-existing noise, shadow, or health problems that now have a convenient scapegoat. We should know this before rushing to tear down a project.

Planners need to 1) better understand the psychological impacts and separate those from purported medical effects; and 2) carefully consider public opinion and attitudes of those near a proposed turbine site to avoid another Falmouth (or Scituate) situation.

Wind is a fledgling industry, and one crucial to our environment and energy future. Offshore wind turbines, located miles away from anyone, have the potential to avoid these siting problems but can be significantly more expensive than land-based turbines - not to mention the regulatory and litigation hurdles (note the Cape Wind saga).

It was thought that onshore wind development would rally public opinion towards clean energy, but that might be for naught if public misinformation persists. I hope that we continue to develop clean energy wisely in the long term, and in the near term avoid making rash decisions before considering all relevant facts and circumstances.

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 5

Continued from page 3. - 1997: The Truth about Law School Rankings- 1998: NESL Ranks 6th in Princeton Review Law School Survey; Law

Review Symposium Tells of Advances in Environmental Law- 1999: Bar Prep Course Offered; Journal on Criminal and Civil

Confinement Celebrates 25 Years- 2000: Decision Time: The Race Between Gore and Bush Comes Down To

The Wire- 2001: Student’s Vote

Monserud “Professor of the Year”

- 2 0 0 1 : U n i t e d : Freedom v. Terror (post 9/11 reactions and responses)

- 2 0 0 2 : P I L A a n d ACLU Membership Climb As Students Show Greater Interest I n P u b l i c L a w Service

- 2 0 0 3 : L a w r e n c e Decision, A Positive R u l i n g o r N o t ? (Lawrence v. Texas)

- 2004: Stand Up for Academic Freedom and Civil Rights: Resist Discrimination

- 2 0 0 5 : J u s t i c e Kennedy Addresses NESL

-2006: South Dakota’s New Abortion Law; E m p l o y e r s S p e a k O u t : Absolute “Do N o t D o ” Pointers for Job Offers-2007: Same Sex Adoption P a n e l Succes s fu l l y P r e s e n t s Differing Views-2 0 0 8 : Remembering Virginia Tech – One Year Later;

Age of Chinese Gymnasts Investigated- 2009: Marijuana: Illegal, But Not Quite Criminal- 2010: The JLSA, Birthright Trip to Israel, and a Non-Religious Awakening- 2011: Interning with the Federal Government- 2012: U.S. v. Jones and How it Falls Short of Modern Day Technological

RealitiesThe Executive Board has been honored to serve this year’s student body by forecasting a vision of what Due Process could become and seeing our hard work pay off through the production of a quality publication.Please continue to support the newspaper’s goals and staff through your writing, readership and advocacy. We are your voice. We have been for 36 years and hope to continue honoring that proud legacy.

!

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 6

THE WINNERS OF THE DAY DIVISION SUPERLATIVES

MOST%LIKELY%TO%BE%SUPREME%COURT%JUSTICE% MOST%LIKELY%TO%BECOME%A%LOBBYIST%%

MOST%LIKELY%TO%BECOME%PRESIDENT%

MOST%LIKELY%TO%NOT%BE%PRACTICING%LAW%IN%FIVE%YEARS%

MOST%LIKELY%TO%NEVER%BE%FOUND%IN%BOSTON%AGAIN%

MOST%LIKELY%TO%BE%%FOUND%AT%SWEETWATER%

MOST%LIKELY%TO%BE%ON%A%REALITY%TV%SHOW%

MOST%LIKELY%TO%WIN%THE%BEST%DRESSED%LAWYER%OF%

THE%YEAR%AWARD%

MOST%LIKELY%TO%BECOME%A%UN%AMBASSADOR%

BEST%COUPLE% BEST%EYES% MOST%ATHLETIC%%

%

THE WINNERS OF THE EVENING DIVISION SUPERLATIVES

MOST%LIKELY%TO%BE%SUPREME%COURT%JUSTICE%

MOST%LIKELY%TO%BECOME%A%LOBBYIST%%

MOST%LIKELY%TO%BECOME%PRESIDENT%

MOST%LIKELY%TO%NOT%BE%PRACTICING%LAW%IN%FIVE%YEARS%

MOST%LIKELY%TO%NEVER%BE%FOUND%IN%BOSTON%AGAIN%

MOST%LIKELY%TO%BE%%FOUND%AT%SWEETWATER%

MOST%LIKELY%TO%BE%ON%A%REALITY%TV%SHOW%

MOST%LIKELY%TO%WIN%THE%BEST%DRESSED%LAWYER%OF%

THE%YEAR%AWARD%

MOST%LIKELY%TO%BECOME%%A%UN%AMBASSADOR%

MOST%LIKELY%TO%BECOME%%NEL|B%DEAN%

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 7

1st ANNUAL DUE PROCESS MIXER - 4/12/13

MVC WE COULDN’T HAVE DONE IT WITHOUT YOU!!!

CONGRATULATIONS TO THE DUE PROCESS NEWSPAPER’S MOST VALUABLE CONTRIBUTORS

2012-2013 ACADEMIC YEAR

Genevieve Burguieres Amin Ganjalizadeh Brendan Gupta Naitasia Hensey Notcher Amarteifio Simon Caine Tiesha Fields Benjamin Dexter Dean O’Brien

PATIENCE O. BABAJIDE

EDITOR-IN-CHIEF 2012-2013

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 8

PROFESSOR'JORDAN'M.'SINGER'Professor'Singer'is'just'a'genius'and'he’s'really'nice.'''He'explains'things'in'a'great'way.''How'do'you'make'civ'pro'fun?'You'get'Professor'Singer'to'teach'it.'My'favorite'class'1L'year'was'Civil'Procedure'D'Professor'Singer'made'the'class'fun'and'interesEng.''Professor'Singer'doesn't'try'to'trick'you;'he’s'a'really'easygoing'guy.'

MY FAVORITE PROFESSOR – GRADUATING SENIORS EDITION

PROFESSOR'GARY'L.'MONSERUD'If'it'weren’t'for'Professor'Monserud,'I'would'not'understand'Sales.''Had'Professor'Monserud'for'first'year'contracts,'and'it'was'by'far'my'favorite'class.''Professor'Monserud’s'ability'to'explain'the'material'is'unmatched.''Professor'Monserud'has'great'UCC'Outlines.''Nobody'loves'teaching'more'than'this'man.'

PROFESSOR'NATASHIA'TIDWELL'Professor'Tidwell'requires'no'raEonale.''Professor'Tidwell'is'just'lovely.''Professor'Tidwell'is'funny'and'super'smart.''She'shuts'it'down,'and'is'super'knowledgeable.''Professor'Tidwell'has'the'ability'to'scare'you'into'knowing'the'law.''She’s'the'man.''

MY FAVORITE PROFESSORSGRADUATING SENIORS EDITION

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 9

Why the South (Korea) Shall Rise Againby Amin Ganjalizadeh ’14

South Korea’s neighbor to the north, like a jealous younger brother, is again making headlines by desperately seeking attention with its needless saber-rattling. Threats of “imminent” attacks against South Korea and the United States’ military bases are being made essentially on a daily basis by the relatively inexperienced, and rather corpulent, Kim Jung Un. It is believed that these threats have been made in retaliation for the recently imposed sanctions by the US-led west for North Korea’s intransigent behavior and secretive, ongoing nuclear proliferation.

While this may and should cause considerable alarm to many people around the world, including us here in the United States, the real drama is actually occurring in Pyongyang. There is really nothing to fear and here is why:

Kim Jung Un is paranoid. H e i s 2 9 y e a r s o l d a n d unprecedentedly young for a leader of the enigmatic pariah state. He is the youngest of three brothers. The elder two brothers were at one point considered for succession of their father, the late “Dear Leader” Kim Jung Il.1 Both, however, were disqualified from ascendency to the throne – one was determined to be too “feminine” and the other caused irreparable humiliation to the regime after he was captured by authorities while attempting to sneak into Japan with a fake passport.1

They say that the third time is the charm, but Kim Jung Un is far from charming. His lack of

military experience and noticeable youth raises serious questions about his credibility among the communist cabal comprised of high ranking military officials who do more leading than the world is made to think. The starving and destitute masses are another group that is yet to be impressed by Kim Jong Un’s support, despite their cult-like affection for him. In an effort to assuage the misgivings his country has against him, Kim Jong Un has taken unreasonably bold and strident measures to appear

as a competent and confident leader—as evidenced by the empty war-like rhetoric and belligerent posturing that has consumed the media. These g e s t u r e s r e i n f o r c e t h e perpetual narrative that North Korea is in a constant state of war against the United States and every unanswered threat is essentially a victory against the “imperialists”.Another reason why we should not fear the overweight autocrat brings us to the analogy of the little brother again. China and Russia, long-time supporters of the isolated regime, have drawn the line and have had enough of their eastern neighbor’s antics.2 R u s s i a n o f f i c i a l s h a v e expressed their impatience with the counterproductive

warmongering of the Pyongyang administration, while Chinese public views have lampooned Kim Jong Un as a petulant fat child.2 Literally, Chinese newspapers and the media are calling him a “fatty.”2 A recent tweet from a Chinese activist stated, “Fatty Kim, while you are playing games, your people are starving to death.”2 China and Russia, traditional rivals, have praised the relative restraint exercised by the United States in light of North Korea’s belligerence. Sometimes when a little brother

annoys you long enough with its bridge-burning bravado, expecting to be supported by his older brothers, you have to let him get his ass kicked to learn a lesson or two. With that being said, North Korea is even more isolated than ever before.

Finally, as inane as Kim Jong Un may appear to be, he and his administration are nonetheless “rational actors,” meaning that the principle of self-preservation is still paramount in their military strategy, regardless of the fact that they forego feeding the public in order to finance their arms buildup. Nevertheless they have just enough common sense to conclude that any significant military strike would guarantee a US led, mutually assured destruction. North Korea may boast a million-man-army, nuclear weaponry, and a heavily guarded border; they still however lack the necessary conveyance capability to carry out an attack on the United States.3

Furthermore the war games have coincided with the birthday of the nation’s founder and current leader’s grandfather, Kim Il Sung.3 Known for their grandiose and flamboyant theatrics, all of these hollow threats and preparation for fireworks is undoubtedly an enormous tribute and celebration for the nation’s dimwitted dynasty.

To that end, go back to preparing for finals, the bar exam, and watching baseball, as there will be no war with the “Democratic People’s” Republic of Korea.

1http://www.americanthinker.com/2013/04/kim_jong_uns_shoes.html2http://news.yahoo.com/chinas-anger-north-korea-overcomes-worry-over-u-210234713.html3http://www.latimes.com/news/nationworld/world/la-fg-north-korea-nuclear-warheads-missiles-20130412,0,7643103.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fnews%2Fnationworld%2Fworld+%28L.A.+Times+-+World+News%29

WHERE%ARE%GRADUATING%SENIORS%TAKING%THE%SUMMER%2013%BAR?%

1

1

11

18

1

4

6

2

3

1

1

1

1

*figures provided represent student survey responses

Courtesy of Time Magazine

WHATAREA OF LAW

DO YOU PLAN TO PRACTICE?

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 10

Puzzles & ClassifiedsAnswers to “Energy Law Terms and Definitions”

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

2012/13 Wrap Up - 10 Seminal Cases

BY ERIC WIND

eric.j.wind@nesl.edu

ACROSS DOWN

1 Taxi, e.g.1 2 3 4 5 6

1 Editor's message for this

4 _______ v. Madison7

years graduating divisions

7 Major city in Ukraine8 9 10

2 Hebrew word for lord

8 to be or ___ to be?11 12

3 Second letter of the Greek

9 The way a cowboy exits13 14

alphabet

into the sunset 15

4 McCulloch v. ________

(two words)16 17

5 A long, narrow chain of hills

11 How a dog chews a18 19 20

or mountains

bone21 22 23 24

6 Alien spacecraft (abb.)

13 Author _____ A. Poe25 26 27

10 Plessy v. ________

15 ______ v. Arizona28 29 30

12 Gideon v. __________

16 Left or Right, e.g.31 32 33

14 Common prosecutor (abb.)

18 Roe v. ____34 35 36 37 38 39

15 opp. Of Ms./Mrs. Or Miss.

20 ____ up, come clean40

17 _____ v. Johnson

21 Dishonest41 42

19 Big videogame producer

24 Credit Card company 34 Fails to include 20 Federation, abbreviated

25 Trendy, antioxidant filled 37 Metonym for Asia 22 Boston's harborfront

berry from Brazil 40 Expresses amazement modern art museum

27 opp. of dusk 41 A moral evil/offense 23 Airline or self help groups

28 High school instructor's 42 Dred Scott v. ________ for addicts

student helper (abb.) 26 seen after price in classifieds

29 _______ v. Ogden 30 _____ v. Board of Education

31 Used between two 35 Quaint hotel 32 indefinite article before a

alternatives 36 opp. Of bro vowel

32 A common simile 38 ___ and Reel 33 Handsome man or guy horse

39 An indie version of WWF or WWE

Answer For Sudoku Puzzle on Page 11

DUE PROCESS | NEW ENGLAND LAW | BOSTON! ! ! APRIL 22, 2013

PAGE 11

Answers to “2012/13 Wrap Up - 10 Seminal Cases” Summer Vacation! D K R Q Y G I H H L N G X H A G I H P I O I J T P E N I H S N U S R B N F M F J Y K A E N J L Q R L V K Y I E R O N O I U P K H Y L R I L T W N M A V J L U Z S B D T D Q E Q T E F T S I H E G Q V V H F A S P Q E L A Y B U I R I Y W L G U R B K E E U X R B I U P E X J R O P S P B J I Z S N X C Q L S S U M M E R S C H O O L A E R A H N S S E I B Q E K D U M E Y G W A T B R A Y N B O W P H U W T G X H J Y X O O E A B B T C B R N I S D H I H U X G T O M B C A Q F J T Y H E O U T P R A K P W W S X Z S R W W Y L V G F N D D L A V V R I N W P P L Z B M Z C X N G E A Z V A J C P H V O O K V L E O Y L I S X C Z Y V R T C X I J B V B A R E X A M O C X G V Q V A H B L U I L Y U B U C G F V U S I H J O S O Q H T M Q D U P B D Z J Y Y S E W E D R C K U W T B Q C D U E P D Y Y Y H Q I H V S H C N S K J U E U R Y D C A S K R K H Y Y H O P A H F U O Y F Q F B D C N E P G I U L R O Q D H A Q X S T N M K I X O A Y F G Z A V C R O B R E Y N W J D J L Q T I H F Z B A R C A C L R B C G B F V P N O N X K B D N M J W T B I V P Y K E J U E V J J X O E P B Z X B X A K W O R E U A M Y X R E T A W J F D V C P T G C X E G O I O N W R D R E U Y H H U Z P M E W T W Z C J H W X U A D T S Z A V H G I U G E M X H Y V B P I H F O I T D S S U O L M F O B J P G O F

APPLICATIONS BAR EXAM BEACH EXERCISE FOOD FRIENDS

INTERNSHIP NO SCHOOL PARTY PARTY READING RELAX STUDY ABROAD

SUMMER SCHOOL SUNSHINE TRAVEL WATER

Sudoku Puzzle

CONGRATULATIONS

DUE PROCESS 2013-2014 EXECUTIVE COMMITTEE

Editor-in-Chief Tiesha'Fields'

Asst. Editor-in-Chief Simon'Caine'

Technical Editor Naitasia'Hensey'

Assistant Editor Brendan'Gupta'Treasurer Eric'Wind'

THE DUE PROCESS NEWSPAPER EXECUTIVE COMMITTEE

NEW ENGLAND LAW|BOSTON 154 STUART STREET - BOSTON, MA 02116

THOUGHTS AND

PRAYERS T O A L L A F F E C T E D

B Y T H E S E N S E L E S S & V I O L E N T A T T A C K S T H I S

P A S T Y E A R

“ B E T H E R E F O R O N E A N O T H E R A S F E L L O W M E M B E R S O F H U M A N I T Y , I N T H E F I N E S T S E N S E O F T H E W O R D ” – G O R A N P E R S S O N

NEWTOWN, CONNECTICUT

DECEMBER 14, 2012

AURORA, COLORADO

JULY 20, 2012

BOSTON, MASSACHUSETTS

APRIL 15, 2013