Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
SPRING 2010
CUNY
Law’s Clinics
Advocating Justice, Leading Clinical Education
Join the Campaign
for CUNY School of Law
2 Court Square
Long Island City
4 6 12
features departments
4 STUDENT SPOTLIGHT: Cesar Vargas
6 HAYWOOD BURNS CHAIR IN CIVIL RIGHTS:
Dean’s Letter 2
Dean Spade News Brief 3
cover story Alumni News 24
Faculty Notes 27
8 C UNY LAW’S CLINICS
Legal Education for Social Justice
Editor and Articles Author
10 Immigrant & Refugee Rights Clinic Vivian Todini
Director of Communications
11 Helping Haitians in Need vivian.todini@mail.law.cuny.edu
Letter from the Dean justice system. Through CUNY Law’s extensive network of col-
leagues in the field, our Equality Concentration and Health Law
Concentration provide students with in-depth placements in
Dear Friends,
public interest settings. Students in the Community & Economic
I am pleased to share this special issue of CUNY Law
Development Clinic assist nonprofits and small businesses in
Magazine, which spotlights the Law School’s signature clinical
assessing and establishing viable governance structures. Our
program. Nationally recognized as one of the strongest pro-
Mediation Clinic teaches students another way of lawyering that
grams in the country, our clinic is widely respected for being
often enhances outcomes for the parties involved and increases
both innovative and on the vanguard of clinical education.
their satisfaction with the process. And our International Wom-
Our approach is different. We do not wait for the third
en’s Human Rights Clinic uses human rights law to advocate for
year to introduce students to the practice of lawyering. Practice
justice nationally and abroad.
experience begins on day one. Our amazing faculty—whom
Assistant Attorney General for the Civil Rights Division
the Princeton Review ranks among the 10 best law faculties in
at the U.S. Department of Justice Thomas Perez visited the
the country—integrate theory and practice in both doctrinal
Law School recently and reflected on the first time he came
classes and lawyering seminars. Our curriculum is modeled on
to CUNY Law many years ago. Having just been appointed
the belief that abstract knowledge cannot be separated from
director of clinical programs at the University of Maryland
practical skills and professional experience.
School of Law, the first thing he did was travel to CUNY so
In recognition of our approach, the Carnegie Foundation’s
that he could “learn from the masters of clinical education.”
report “Educating Lawyers: Preparation for the Profession of
We are so proud of our clinical program. I am sure you
Law” praised CUNY Law, stating: “We believe legal education
are, too.
requires not simply more additions, but a truly integrative
approach in order to provide students with a broad-based yet
Yours,
coherent beginning for their legal careers. It is the systematic
effort to do this in their curriculum that makes programs
like that at CUNY’s law school so noteworthy.”
Our small lawyering seminars in the first and second Michelle J. Anderson
years provide students with the grounding they need to Dean and Professor of Law
“I’ve always loved what I do, and it doesn’t assistant attorney general for civil rights under Attorney
General Janet Reno, and special counsel to the late Senator
feel like work. Civil rights is the unfinished Edward Kennedy, including being Kennedy’s principal advi-
sor on civil rights, criminal justice, and constitutional issues.
business of America, and it’s something For the final two years of the Clinton administration, Perez
that we need to address every day.” served as the director of the Office for Civil Rights at the U.S.
Department of Health and Human Services. At the state level,
Perez served as the secretary of Maryland’s Department of
Perez, whose visit was hosted by CUNY Law’s Career Labor, Licensing, and Regulation, where he was the principal
Planning Office, encouraged students to think hard about architect on lending and foreclosure reforms.
their future careers and the mark they want to leave on the “I’ve always loved what I do, and it doesn’t feel like work,”
world. “Here’s your homework,” he said. “Take a piece of he said. “Civil rights is the unfinished business of America, and
paper and write your obituary. What do you want it to say? it’s something that we need to address every day.”
What kind of legacy do you want to leave?” He advised the This is Perez’s second visit to CUNY Law School. His first
students to “take educated risks in pursuit of what you want was in 2001, when he was named clinic director at the Uni-
to do.” And, he reminded them, “always use your moral com- versity of Maryland School of Law. “When I joined Maryland
pass.” Perez told the students if they love what they do each School of Law, one of the first things I did was meet with clinic
day, they will always be motivated. faculty at CUNY Law, because I knew that in order to develop
He also challenged the students to be proactive in pursuit an excellent program for Maryland, I first needed to learn and
of their careers, but not at the expense of others. “I was always hear from the masters of clinical education.”
taught not to bring up the ladder behind me,” he said, referring CUNY Law consistently ranks among the top 10 law
to the values imparted by his family. “My parents raised me to schools in the country in clinical training.
think about the community and community service.” The Civil Rights Division, said Perez, is tackling a variety of
Perez has spent more than two decades in state and issues such as foreclosure and voting rights. “It was a privilege
federal government service, including being the first Latino to have him back at the Law School,” said Dean Michelle J.
ever elected to the Montgomery County Council in Maryland Anderson. “He inspired the students and spoke of issues that
and serving as the council’s president in 2005. He was deputy are at the heart of CUNY Law’s mission.” ••
SPRING 2010 3
student spotlight
Cesar Vargas
C
esar Vargas is considering two potential career paths: He could become an officer in the Marines as a military lawyer or an
assistant district attorney. Vargas, who is finishing up his second year at CUNY Law, acknowledges that on the surface, those
career choices may not appear to align with CUNY Law’s values. But, he said, these careers are very much in sync with the CUNY
Law mission.
“It’s all about creating access to justice,” he said. As a military lawyer in the Judge Advocate General’s (JAG) Corps, Vargas
said, he would work toward ensuring fair treatment of troops, and he would defend individuals in courts-martial. He also said
he would ensure that generals follow international human rights treaties. “The military is the ultimate in public service,” he said.
“Plus, troops need representation, and the generals need oversight.”
Vargas is torn, however, because he has an equally strong calling to be a prosecutor for the State. “I wouldn’t be a tradi-
tional prosecutor,” he said. “I would work toward changing the system and the prosecutorial model. We need more emphasis
on treatment, prevention, and alternatives to incarceration,” he explained. “For instance, when we take the accused out of
the community and isolate and marginalize him in prison, it often doesn’t work.” Vargas advocates a more holistic approach
involving the community.
“The criminal justice system has to use the strength of the community to prevent a path to crime,” he said. “This is especially
important in the case of our youth. We need greater community links and intervention, so we don’t have to keep prosecuting
youths whose lives are changed in a minute because of a misdemeanor or a felony.”
A need to diversify the profession is another reason that a prosecutor career holds Vargas’s interest. “We need more prosecu-
tors who come from the community,” he said. “It makes a big difference for people in the community to know that the people
who prosecute them actually understand them and aren’t detached from their communities.”
In keeping with a community prevention model, Vargas said he intends to join the Community & Economic Development
Clinic next year. His goal is to help address the legal needs of local small businesses, including helping them incorporate.
“Small businesses are the commercial lifeline of the community. If we help local entrepreneurs flourish, it will help the com-
mercial welfare of the entire community, making it possible for business owners to hire people from within their community,”
he said, adding, “Jobs are a crime prevention strategy. I love CUNY because it gives you a rich and wide array of possibilities to
pursue justice.”
Vargas said that other students share his interest, and, as a result, he has started the Prosecutor Law Students Association.
Vargas recently interned at the Brooklyn District Attorney’s Office. “It was an opportunity to get real legal experience by draft-
ing legal documents and assisting senior ADAs with trials,” he said. “It was also an opportunity to see success stories of prison
alternative programs.”
Vargas cites his Mexican roots as his pull toward social justice. “In Mexico, it’s all about ‘whoever has money has justice,’ ” he
said. “It’s actually not so different from here. The thing I love about CUNY Law is that we want to make sure that race or class
doesn’t dictate who gets access to justice.” ••
SPRING 2010 5
What led you to establish the
Sylvia Rivera Law Project (SRLP)?
I founded SRLP in 2002 to respond to the enormous unmet
legal needs of low-income people and people of color facing
gender identity and expression discrimination. I knew from
my own experiences and from those I was close to that trans
and gender nonconforming people face high levels of police
harassment and arrest, homelessness and barriers to social
services, imprisonment, employment discrimination, evic-
tion, deportation, harm in juvenile justice and foster care
systems, and sexual violence.
The fact that most of the institutions of social control
where poor people and people of color are overrepresented
(shelters, jails, prisons, group homes, detention centers, hospi-
tals, etc.) are sex-segregated and refuse to recognize nontradi-
tional gender identities means that trans and gender noncon-
forming people face both heightened vulnerability to violence
and exclusion from services. Further, the increasing trend of
2009–2010 Haywood Burns Chair in Civil Rights Dean Spade excluding trans-related health care from Medicaid and other
CUNY Law’s Haywood Burns Chairs 2003–04 Susan Jones, Clinical Professor at the George Washing-
ton University Law School and expert on microenterprise and
1997–98 The Hon. Nathaniel R. Jones, Judge of the U.S. Court of economic rights.
Appeals for the Sixth Circuit and former General Counsel of the Na-
2004–05 Ida Castro, Commissioner of the New Jersey State
tional Association for the Advancement of Colored People (NAACP).
Department of Personnel and former Chair of the U.S. Equal
1998–99 Theodore M. Shaw, Associate Director-Counsel of the Employment Opportunity Commission.
NAACP Legal Defense and Education Fund, Inc.
2005–06 Professor Paula Johnson of the Syracuse University
1999–2000 William L. Robinson, former Dean of the District of College of Law, former Co-president of the Society of American
Columbia School of Law and former Executive Director of the Law Teachers (SALT), a national organization of nearly 800 law
Lawyers’ Committee for Civil Rights Under Law. professors; she is widely known for her work to advance scholar-
2000 The Hon. Robert L. Carter, Judge of the U.S. District Court, ship in the area of race, gender, and the law.
Southern District, and close working associate of U.S. Supreme 2006–07 Professor Anthony Paul Farley of Boston College Law School,
Court Justice Thurgood Marshall, when both were part of the an expert on constitutional law, criminal procedure, and legal
famed NAACP legal team that won Brown v. Board of Education. theory, and an Affiliated Professor with the Graduate Department of
2001 Judge Albie Sachs of the Constitutional Court of South Sociology and African & African Diaspora Studies at Boston College.
Africa and former African National Congress leader in the 2007–08 Richard Abel, Michael J. Connell Professor of Law
struggle for democracy in South Africa. at UCLA and Faculty Coordinator for the public interest law
2001–02 Professor Eric Yamamoto of the William S. Richardson program; he participated in the founding of the Conference on
School of Law at the University of Hawaii, civil rights scholar, Critical Legal Studies in 1977, and helped organize the Confer-
and litigator of cases on reparations for Asian-Americans in- ence’s meeting titled Law and Racism: The Sounds of Silence.
terned during the Second World War. 2008–09 Professor Margaret Montoya of the University of New
2002–03 Professor Camilo Perez Bustillo, formerly of the Instituto Mexico Law School, the first Hispanic woman accepted at Harvard
Tecnologico y de Estudios Superiores in Monterrey, Mexico, Law School, and an expert on race, ethnicity, gender, and language;
founder of Multicultural Education, Training, and Advocacy she received the Harvard University Frederick Sheldon Traveling
(META), and scholar/activist on international issues of poverty Fellowship and runs a television roundtable on a local PBS station
and self-determination. discussing the news in New Mexico.
SPRING 2010 7
IMMIGRANT&REFUGEERIGHTSHELPINGHAITIANSI
DEFENSECLINICCOMMUNITY&ECONOMICDEVELO
CUNY
Law’s Clinics:
Legal Education for Social Justice
INTERNATIONALWOMEN’SHUMANRIGHTSMEDIATIO
EQUALITYCONCENTRATIONHEALTHLAWCONCENTR
F or more than a decade, CUNY Law’s signature clinical program has been recognized
as a national leader in clinical education. The clinics are structured as an in-house
law firm called Main Street Legal Services. Students in the clinic provide direct, super-
vised client representation to more than 1,000 low-income individuals and families through-
out New York City.
“The clinics model effective social justice lawyering in a range of areas,” said Associate
Dean for Clinical Programs Sameer Ashar. “Our students bring to the program strong commit-
ment and, in most cases, directly relevant work experience. We provide them with opportuni-
ties to work alongside clients and partner organizations, as they learn to become excellent
lawyers for poor people.”
Unlike other law schools, which typically limit clinical experience to eight credits, CUNY re-
quires each third-year student to participate in a clinic or clinical concentration for one or two
semesters (12 to 16 credits). To prepare students for direct client work, the clinics engage
them in a prerequisite lawyering seminar, which uses simulations, mock jury trials, media-
tions, arbitrations, and substantive theory as training.
Each CUNY Law clinic and clinical concentration serves a distinct social justice and edu-
cational need. We invite you to read more about the amazing students, faculty, and clients at
the heart of CUNY Law’s clinical program.
J
ose and Carmen were getting on a bus back to New York
City after a long day of employment training in upstate New
York. Their journey stopped abruptly, however, when U.S.
Immigration and Customs singled them out at the bus station
for identification to determine whether they were legally al-
lowed to be in the United States.
“Racial profiling has led to the targeting and intimidation of
different communities in this country,” said Liliana Yanez, an
instructor in CUNY Law’s Immigrant & Refugee Rights Clinic
(IRRC). “There’s a clear disregard for basic rights under the law,
and many people, as in Jose and Carmen’s case, are being denied
due process,” she added.
This case is among the many addressing the constitutional, From left, Director of the Immigrant & Refugee Rights Clinic (IRRC)
due process, and search and seizure violations that make up the Ramzi Kassem, IRRC Instructor Liliana Yanez, IRRC Social Work
Supervisor and Adjunct Professor Martha Garcia, and CUNY Law
docket of the IRRC. One of the first immigration law clinics in
Director of Immigrant Initiatives Alizabeth Newman
the country, the clinic takes a broader approach than most law
three detainees in Guantánamo Bay and a detainee at Bagram
IMMIGRANT
Airbase in Afghanistan who has been imprisoned since 2003
without charges or access to an attorney. In the U.S., students
&REFUGEERIGHTS
in the IRRC, in tandem with CUNY Law School’s Criminal
Defense Clinic, also work with Muslim-based community
groups in Queens whose members suddenly find themselves
approached by law enforcement. “Individuals and families are
schools. It covers areas as varied as national security and de- facing interrogation at home, at work, and in their places of
tainee rights in the wake of 9/11, battered immigrant women’s worship,” said IRRC Director Ramzi Kassem. “The students are
rights, labor rights, and deportation and asylum. educating people on their rights.”
Through the clinic, students act as first chair in represent- IRRC students also provide urgent legal assistance to im-
ing clients. They interview witnesses, prepare clients for trial, migrant survivors of gender violence. Immigrant spouses of
gather and submit evidence, craft legal strategy, and brief abusive U.S. citizens or legal permanent residents are easy prey.
issues. “The students are centrally involved in all of the cases,” “Often, women suffer physical and emotional abuse, but if they
said Yanez. “We provide the supervision to support them in leave their marriage before they gain legal status, they could
their role as attorneys.” face deportation,” said CUNY Law Director of Immigrant Initia-
The clinic’s docket continues to grow as misguided legisla- tives Alizabeth Newman. In response, the clinic partnered
tion, passed under the guise of anti-terrorism measures and with an organization called SEPA Mujer in Long Island to assist
immigration reform, further threatens the civil liberties of im- women in applying for legal status. The clinic provides an
migrant communities of color. The docket includes cases of legal interdisciplinary environment, with the involvement of social
permanent residents who have already served their sentences for work students and IRRC Social Work Supervisor and Adjunct
misdemeanors committed decades ago but who suddenly find Professor Martha Garcia. This gives law students a broader,
themselves facing deportation for those long-ago crimes. more multifaceted approach to clients, particularly clients who
“Families are being torn apart in the name of ‘immigration have experienced trauma.
enforcement,’ ” said Yanez. “These punitive laws make every Some immigrants confront exploitation and abuse not
immigrant vulnerable, including legal permanent residents and only in the home, but also on the job. Clinic students represent
those fleeing persecution from other countries.” The clinic repre- domestic workers and immigrant restaurant workers who are
sents individual clients and also supports a variety of communi- denied wages, hours, or worker protections. “Our immigrant
ty-based organizations to advocate for changes in the law. labor docket directly supports low-wage worker organizing in a
Through its national security work protecting the habeas range of industries and immigrant communities,” said Sameer
corpus rights of detainees abroad, the students represent Ashar, associate dean for clinical programs. ••
W
hen tragedy struck Haiti in January, CUNY Law stu- every Saturday, CUNY Law students go on-site to Cambria
dents took action. “Immediately the students wanted Heights and screen people for TPS eligibility, counsel them on
to use their legal skills to do something to help,” said the application process, assist them with the paperwork, and
CUNY Law Director of Immigrant Initiatives Alizabeth New- draft affidavits, when necessary, to prove Haitian descent.
man. “They recognized that many Haitians living in the U.S.
HELPING
could not return home, since their communities were destroyed
by the earthquakes,” she explained. “But the students knew
HAITIANSINNEED
that legal protection was needed for them to stay here.”
As a result, the students formed a new partnership with
Haitian Americans United for Progress, helping Haitians file
for temporary protected status (TPS). Gaining TPS will enable
Haitians living here to stay in the U.S. for another 18 months Although this project is being run through CUNY Law’s
while their country is being rebuilt. TPS also provides an op- IRRC, it is not limited to third-year clinic students. First-year and
portunity for work authorization that serves as a government- second-year CUNY Law students have also volunteered and are
issued ID and entitles the holder to a Social Security number, getting direct hands-on experience serving communities in need.
so that he or she can work while in the United States. “We have students acting as assistants and interpreters and have
“There are people who were here on a three-month tourist established a tiered level of supervision and training among stu-
visa, and suddenly their entire village and families are gone,” dents,” said Newman. Alums from the Law School’s Community
reflected Newman. “Others have been here longer, trying to Legal Resource Network with expertise in immigration law are
build a better life. Their options for going back to Haiti have also involved.
radically, and often irrevocably, changed.” “CUNY Law students and practitioners are linked to dif-
To support the student-driven initiative, Newman said, ferent communities, so we can be responsive when something
faculty from the Immigrant & Refugee Rights Clinic (IRRC) comes up,” Newman noted. “We are very proud of our students’
agreed to reconfigure the syllabus, so that Newman could teach initiative, commitment, and savvy in supporting New York’s
the history, politics, and legal mechanics of filing for TPS. Now, diverse populations.” ••
SPRING 2010 11
CRIMINALDEFENSECLINICCOMMUNITY&ECONOM
CRIMINAL
W
alking down the street on the way to a friend’s house doesn’t sound risky, does
DEFENSE
it? It could be, however, if you are African-American or Latino. Data reveals that
most individuals stopped and frisked, arrested, and locked in holding cells in
New York City’s criminal courts are people of color.
“There are some stops and arrests that would never happen in other neighbor-
Challenging the Status Quo hoods. When we have clients who are arrested for trespass while simply trying to
visit a friend’s apartment, it really makes you question the practices and policies that
are being used by the police,” said Nicole Smith, an instructor in the Criminal Defense Clinic.
In other scenarios, Smith said young African-American and Latino men can suddenly find themselves handcuffed for resist-
ing arrest, simply because they questioned why they were frisked when only cell phones and keys were found.
“Many law school clinics deal with prisoner reentry,” said Clinic Director Steve Zeidman. “We’re more concerned with how
and why someone entered in the first place. You don’t have to look too far to see the racially disparate impact of New York City’s
heralded quality-of-life policing,” he explained. “The end results of so-called ‘broken windows’ policing, where police target certain
neighborhoods and aggressively enforce minor infractions, are the harassment and destabilization of families and neighborhoods
of color. If broken windows are the problem, why not just fix the windows?”
Student defenders are wholly involved in their cases. They interview clients and witnesses, investigate the scene, research the
law, file all necessary motions, and advocate on their clients’ behalf in and out of the courtroom. In addition to this aspect of its
docket, the clinic strives to address some of prisoners’ unmet legal needs, including addressing disciplinary hearings that result
in long stretches of de facto solitary confinement, resentencing under Rockefeller Drug Law reforms, and submitting petitions for
gubernatorial clemency. “Given that the U.S. has the highest incarceration rate in the world, our goal is to train new lawyers to
help a desperately underserved population and to expose the injustice and absurdity of trying to solve social problems by locking
people up,” said Clinic Professor Donna Lee.
Recently, the clinic assisted several men eligible for new, lower sentences under Rockefeller Drug Law reforms. The process
made a deep impression on clinic student Bronyn Heubach. “The man we met with had no reason to trust us or to put his faith in
us. But he did, and he opened up his entire life. You just don’t get that in any other context, and it’s powerful to tell someone you
are going to try to help deliver their freedom,” Heubach said. Heubach and her law student partner argued that the reforms were
meant specifically for someone like their client, a man with undiagnosed mental health problems serving five-and-a-half to 11
years for being peripherally involved in a drug sale. The motion was granted, and their client was released from prison.
In another case, a man with deep community and family ties was serving four-and-a-half to nine years for selling $10 worth
of cocaine. The students filed a motion on his behalf arguing that on every statutory and moral measure, he had already served
more than enough prison time. Although the prosecutor argued in opposition, the motion was granted and the client was released.
“The work in the clinic immediately reconnected me to why I wanted to go to law school,” said student Beena Ahmad. “From
the initial interaction with a client to seeing a case all the way through, I’ve had the opportunity to tackle the issues of civil liber-
ties and incarceration.” Both Heubach and Ahmad called it “an honor” to work on these cases. ••
Back row, from left: Instructor Nicole Smith, Clinic Director Steve Zeidman, Student Bronyn Heubach
Front row, from left: Professor Donna Lee, Student Beena Ahmad
R
amona Ortega’s vision to organize domestic workers in Queens and launch a worker-owned cooperative was met with wide-
spread enthusiasm. “Cooperatives create desperately needed employment alternatives and contribute to the larger workers’
rights movement,” said Ortega, who founded Cidadao Global (CG), the first Brazilian community-based organization in New
York City. “A domestic workers’ cooperative owned and operated by immigrant women guards against the pervasive wage and
gender exploitation that is all too common in the industry,” she added.
“Now that the domestic workers are part of a cooperative, they aren’t just going alone into someone’s house, and that makes
a powerful difference,” Ortega said. “Joining together supports them in negotiating wages and hours and provides them with the
respect that their work deserves and the dignity of being a small-business owner.”
Ortega turned to CUNY Law’s Community & Economic Development Clinic (CEDC) to help the women establish their
business. “I knew that CUNY Law was the place to assist us in develop-
ing the cooperative,” she remembered. “The commitment to public interest
shows in how the students work with the women.” Incorporating a small
business and drafting bylaws are not just legal transactions for the CEDC. COMMUNITY&
ECONOMIC
Instead, students get involved with organizations on a much deeper and
more philosophical level.
DEVELOPMENT
“We work creatively with nonprofits and cooperatives to help them think
through different models of sustainability and structure,” said CEDC Director
Carmen Huertas-Noble. “The traditional hierarchical and centralized business
models typically don’t represent our clients’ missions, which are based on
diffusing and sharing power,” she added. As a result, students have the op-
Turning Vision into Reality
portunity to help launch organizations that build collective leadership and are
structured on alternative ownership and governance models. “Typical corporate structures don’t apply neatly to our clients, and
a lot of tailoring needs to be done. It’s exciting and engaging for our students to work on innovative projects that promote social
justice,” said Huertas-Noble.
Students work directly with the members of CG, talking through their vision, facilitating their decision making on the legal
issues, and capturing those decisions when drafting corresponding legal documents. In addition to CG, CEDC clients include
Rehabilitation in Action to Improve Neighborhoods (RAIN), a community land trust on the Lower East Side that provides for sus-
tainable affordable housing, and the Restaurant Opportunities Centers United (ROC-U), which fights for improved employment
conditions for restaurant workers. In this instance, students have counseled ROC-U on its vision of expanding nationally and are
currently drafting an affiliation agreement between ROC-U and its affiliates.
“CEDC clients are advocates against employment abuses, gender exploitation, environmental injustice, and other social injus-
tices. They want to structure their model organizations to reflect their social justice values,” Huertas-Noble emphasized. “Students
work closely with clients to help them navigate their choices on a number of mission-driven subjects in which other attorneys
typically don’t engage. We help our clients figure out who will have what kind of power within the organization and how that
power will be exercised,” she said. “It’s very nuanced in that we help organizations institutionalize their values through the legal
structures we help create.” ••
From left: Student Thyra Smith, Cidadao Global Founder Ramona Ortega,
Student Maggie Sposato, CEDC Director Carmen Huertas-Noble
SPRING 2010 15
EQUALITYCONCENTRATION HEALTHLAWCONCENTR
F
rom its inception as one of the first human rights clinics at a What are you working on in the clinic?
U.S.-based law school, CUNY Law’s International Women’s
Farnoosh: I’m currently working on the case of a young woman
Human Rights Clinic has pursued a multifaceted strategy
who was trafficked to the United States from her home in South
to access justice, paying particular attention to the intersections
America when she was 16 years old. She was falsely promised
of race, gender, and class worldwide. The clinic’s innovative legal
that she would be paid to take care of her stepsister’s newborn
advocacy and in-depth collaborations with clients, activists,
infant and that she would have the opportunity to go to high
and co-counsel in diverse and multicultural settings are dis-
school in the United States. This action was brought under federal
tinct marks of its groundbreaking work in the areas of violence
and state wage and hour laws, pursuant to the Alien Tort Claims
against women and reproductive, sexual, and economic justice.
Act for trafficking, slavery, forced labor, involuntary servitude,
unjust enrichment, and state torts. At this point, we are preparing
WOMEN’SHUMAN
occurrence, it has been overlooked by the legal system. This case
shows that abuse and exploitation of domestic workers occurs not
RIGHTS
only in traditional settings but also among family members.
O
ne of the founding faculty members of CUNY School of Law,
Professor Beryl Blaustone is a leading authority in the fields
of alternative dispute resolution and clinical legal education.
Recognized nationally and internationally for her scholarship and
subject-matter expertise, Professor Blaustone has published in the
areas of mediation theory, professional roles, clinical legal educa-
tion, professional skills theory, and evidence law.
MEDIATION
averages between 55 and 75 cases each fall semester.
SPRING 2010 17
HELPINGHAITIANSINNEEDCRIMINALDEFENSECLIN
T
he impact of a new local ordinance was clear: It primarily targeted Latinos, said third-year CUNY Law student Katie Meyers.
Passed in a suburban enclave of Long Island, the law banned day laborers, most of whom were Latino, from soliciting work.
“I was in the field, meeting with community advocates and brainstorming means by which to organize Latinos who were
suddenly prohibited from seeking the work that was so vital to supporting their families. It’s important that people affected by
the law have a voice,” said Meyers, discussing her field placement with LatinoJustice PRLDEF, formerly the Puerto Rican Legal
Defense and Education Fund.
Challenging civil rights violations is at the heart of CUNY Law’s Equality Concentration. Through a range of social justice field
placements, students learn firsthand how to apply constitutional law and civil rights statutes. Meyers said her internship with
LatinoJustice PRLDEF also provided her with an opportunity to brief recent Supreme Court decisions for attorneys, including
analyzing what impact these cases will have on future litigation, particularly disparate impact cases. “The fieldwork gave me an
opportunity to extend the work I did as an undergraduate on contemporary race relations and discrimination.”
Professor Rick Rossein, who runs the Equality Concentration, said that
CUNY Law’s deep ties to the civil rights and social justice communities
EQUALITY provide ample opportunity for solid, in-depth field placements. Student
experiences might include conducting fact finding on a police brutality case,
CONCENTRATION
investigating discrimination claims, drafting a brief in a gender or race dis-
crimination case, or assisting with depositions. “We have a strong network of
field placements, and CUNY Law students are trusted by the organizations in
On Site, Fostering Justice which they are placed,” said Rossein. “The students’ knowledge base allows
them to be quickly integrated into a field placement and to take on important
responsibilities.”
“Through the years, CUNY Law interns have provided valuable legal research, client preparation, and pre-trial preparation in
our constitutional and civil rights litigation,” said Jackson Chin, an associate counsel at LatinoJustice PRLDEF. “We continue to
support the School’s vision of incubating the next generation of public interest law practitioners and leaders.”
Other field placements include the Center for Constitutional Rights; Legal Momentum; New York Lawyers for the Public Inter-
est; the New York State Attorney General’s Office, Civil Rights Bureau; the U.S. Equal Employment Opportunity Commission; the
New York State Division for Human Rights; and private firms handling civil rights litigation.
“Our goal,” explained Rossein, “is to pair on-site learning with doctrine, theory, and lawyering skills so that students get a well-
rounded and strong knowledge base.” Rossein added that those in the concentration examine racial and sexual discrimination and
harassment in the workplace, in addition to affirmative action, sexual orientation, disability, age, and other potential discrimina-
tion issues. “Part of the pedagogy is to ensure that seminar teachings relate directly to the work the students do in the field. Unlike
other law schools,” he added, “we don’t just outsource our students into field placements. We closely supervise them, pay attention
to their placements, and provide an opportunity for the students to learn from one another.”
In addition to fieldwork and weekly rounds where students talk about the legal issues they are addressing in the field, the con-
centration includes group work, where students are put in small teams that then act as a “firm” on a hypothetical case. Through
the simulations, students collaborate in lawyering exercises including developing the facts of a case, drafting legal memoranda,
preparing discovery plans, drafting court complaints, and conducting examinations in a trial-like setting. “Throughout CUNY
Law, whether it is in the clinics or in the classroom, we take a comprehensive approach, using everything from hypotheticals to
field placements, all with the goal of integrating theory and practice,” said Rossein. ••
C
allers phoning the New York Legal Aid Society’s Health This year she was honored with the Commission on the Public’s
Law Unit face serious legal problems, including the denial Health System’s 2010 Public Health Heroes and Sheroes Award.
of life-saving surgery, crushing medical debt, and the “We have a very dedicated group of field supervisors who
wrongful termination of Medicaid benefits. They’ve called the do interesting and important work and who have a real interest
unit because they can’t afford a lawyer. For many years, interns in teaching our students and being role models,” said Professor
from CUNY Law School’s Health Law Concentration have been Paula Berg, who directs the concentration, which has been co-
among the people taking their calls. taught with CUNY Law Professor Janet Calvo. “Field opportuni-
ties for students in health law are extremely varied in terms of
substantive law and lawyering skills,” she added.
CONCENTRATION
organizations focused on HIV/AIDS and other health issues,
private firms handling plaintiffs’ medical malpractice cases
and suits against health insurance companies, government
In the Field, Making Change agencies that regulate health-care institutions, and hospital in-
house counsel offices.
The curriculum and placements look at health care as a
“CUNY Law students are very well-rounded and can hit social justice issue. “One of our main goals is to teach students
the ground running,” said Legal Aid Supervising Attorney Lisa how to use the law to secure access to quality health care for
Sbrana, a 1993 CUNY Law School graduate who was one of the vulnerable populations, such as the disabled, poor people, the
first students in the concentration. “CUNY students are good elderly, and those with HIV,” said Berg. Sbrana agrees that the
listeners and make people know that they’ve been heard,” she concentration makes an important contribution to the field
added. “They are very adept at sifting through each situation and and to academia. “The Health Law Concentration has a unique
making recommendations for potential cases. And,” she noted, perspective in its approach to health care as a human right and
“when CUNY Law interns translate a caller’s case into a fair in the way that it links book knowledge to practical skills and
hearing or an advocacy letter, it isn’t just stilted legal analysis. real life,” observed Sbrana.
They link the law to the facts in a way that’s very compelling.” “The most gratifying thing about teaching this program for
In 2009, for Sbrana’s contribution to protecting the health- so many years,” said Berg, “is that there are now many, many
care rights of low-income New Yorkers, she was recognized Health Law Concentration graduates who, like Lisa, are doing
with the New York City Bar Association’s Legal Services Award. great work and making a real difference.” ••
I
n 1996, when Congress enacted federal “welfare reform,” offers a new model for social justice movement building. “Our
lives across the country changed, including the lives of commitment of legal resources to advance grassroots organiz-
more than 25,000 low-income students pursuing degrees at ing efforts both borrows from ’60s-era strategies and attempts
CUNY campuses across New York City. Large numbers of these to move beyond them. We encourage our students to think
students were single mothers working to obtain the college creatively, though perhaps with some humility, about the vari-
degree that would enable them to lift their families out of pov- ous ways in which law and its practitioners can contribute to
erty, but the new law—which mandated harsh new “workfare” movements for progressive social change.” ••
requirements—made it virtually impossible for these students
ECONOMIC
to continue their education.
Indeed, the federal law, coupled with a particularly aggres-
sive campaign by then mayor Rudy Giuliani’s administration
to slash the city’s welfare rolls, forced thousands of low-income
CUNY students to abandon school—and the promise of living-
wage employment—to take up “workfare” positions, raking
JUSTICEPROJECT
leaves in the parks, sweeping streets, and the like. “Not only Graduation as an Anti-Poverty Strategy
did the City’s approach senselessly harm thousands of strug-
gling families,” said Stephen Loffredo, director of CUNY Law’s
Economic Justice Project, “it was also enormously counterpro-
ductive from a policy perspective.”
Empirical studies showed that nearly 90 percent of welfare
recipients permitted to earn a baccalaureate degree from CUNY
obtained substantial employment and exited the welfare sys-
tem permanently. By contrast, parents forced out of school and
into the first low-wage job available overwhelmingly remained
in poverty and tended to cycle back into welfare.
In response to this social justice crisis, CUNY Law launched
the Economic Justice Project (EJP) in 1997. EJP students work
on several fronts, including providing direct representation to
CUNY undergraduates facing challenges to their workfare re-
quirements and pressing for the adoption of more rational and
humane policies. EJP students also work with community anti-
poverty organizations, principally the Welfare Rights Initiative
(WRI), an activist organization mobilizing low-income students
that emerged at CUNY’s Hunter College.
EJP and WRI’s collaboration has reached more than 1,000
CUNY students and has achieved important successes in shift-
ing public policy, including the Work Study and Internship
Law. This state statute substantially increased access to college
for people receiving public assistance. Currently, the EJP–WRI
collaboration is focused at the state level on legislation that
would permit four-year college students to count academic
work toward workfare requirements. At the federal level, EJP
and WRI are working on the 2010 Congressional reauthoriza-
tion of the Temporary Assistance for Needy Families program.
“The mutual reinforcement between legal advocacy, law
reform, and grassroots activism makes it possible to deepen
our impact,” said Loffredo. He also noted that the collaboration Economic Justice Project Director Stephen Loffredo
SPRING 2010 21
22 CUNY School of Law • www.law.cuny.edu
EQUALITYCONCENTRATIONHEALTHLAWCONCENTR
ELDERLAW
“W
orking in the Elder Law Clinic is like having a regular job with the added advantage
of close supervision and guidance from the professors,” said Elder Law Clinic student
Maryam Arif. “We get direct client contact, go to court, and draft documents that Protecting the Aged
help ordinary people solve everyday problems.”
Aside from physical and emotional issues that may require attention, elders and their families often have to tackle a number of
legal issues, such as planning for incapacity and death, navigating the maze of government benefits, or securing a guardianship as
a last resort for an elder who needs help in managing her personal and property needs. Elders also face situations of neglect and
abuse, which require urgent legal intervention.
“Students in the clinic work closely with clients, other professionals, the courts, and families to map out and resolve the elder’s
specific legal needs,” said Elder Law Clinic Director Joe Rosenberg. “The Law School curriculum, including clinic seminars and
supervision, provides students with a critical perspective, legal knowledge, and lawyering skills that prepare them for client repre-
sentation,” added Rosenberg, who supervises each case and works closely with students individually and in teams.
The cases on which students work can vary from adult guardianships that involve litigation to estate planning that requires
students to draft wills, trusts, powers of attorney, and advanced health directives. In addition, in a testament to the credibility and
reputation of the Elder Law Clinic, phone calls from courts and prospective clients seeking CUNY Law’s assistance in guardian-
ship proceedings are common.
Specifically, courts appoint the Elder Law Clinic to serve as court evaluator or attorney in guardianship cases to protect indi-
viduals who are alleged to be incapacitated. Students investigate these cases to ensure that the allegations are authentic, and, if a
guardian is appointed, that the guardian is granted only those powers that are necessary.
Arif talked about the complexities of these cases. “These cases can determine who may or may not ultimately gain control of
someone’s finances, property, health care decisions, and other personal matters, including where to live,” said Arif. “These are ma-
jor life decisions, so it’s critical that we investigate each case thoroughly and protect the rights of the elderly, some of whom may
be vulnerable to financial exploitation and abuse.”
Arif is in the process of arguing in support of an elderly woman who contacted CUNY Law because a guardian was appointed
to oversee her personal and property needs after a New York Supreme Court in Queens County deemed her incapacitated follow-
ing an eviction proceeding. Each month, the caseworker from the guardianship agency gives Arif’s client only a small portion
of her Social Security check to live on, while asserting that the remainder is going into a trust. “The client is understandably
distressed and wants to be free from their control,” said Arif. “I have been working with her and believe that she is able to care
for herself with the support of friends and family, making a guardian unnecessary. We will go to court on her behalf, should the
guardian refuse to step down,” she added.
In cases in which the clinic serves as court evaluator (the “eyes and ears” of the court), clinic students work with the judge and
attorneys for the parties, and an array of other professionals (including doctors, nurses, social workers, psychologists, and home
care workers) analyze legal and nonlegal issues, outline a series of recommendations in a written report, and testify at the hearing.
Although graduating students in this clinic are prepared for elder law practice, they also often apply their clinic experience in
family law and general community-based practices. ••
Elder Law Clinic Director Joe Rosenberg and Student Maryam Arif
SPRING 2010 23
a lumni • news
Alumni News
1986 1998 as associate general counsel, and versity’s Beasley School of Law. He lives
patents and regional patent director of in northwest Philadelphia with REBECCA
ROBERT BANK joined American Jew-
Northeast Asia. BAEHR (’93) and their two daughters.
ish World Service as executive vice
president in March 2009. Last year, HON. THOMAS J. WALSH was sworn in as a 1994
he received the Lifetime Achievement superior court judge for the State of New
ANN FAWCETT AMBIA and HARVEY EPSTEIN
Award from Gay Men’s Health Crisis Jersey in January 2010. He was assigned to
(’94) were honored at the New York City
and the Partners in Justice Award from the Family Part of the Chancery Division
Chapter of the National Lawyers Guild’s
AVODAH: The Jewish Service Corps. in Union County Vicinage in Elizabeth.
2009 Spring Fling for legal work in the
In January, he was a featured speaker
at Congregation Beth Simchat Torah, 1991 tenants’ rights movement. Now with
the Administrative Law Unit at DC 37
as part of their Martin Luther King Jr.
MELS, Fawcett Ambia is also doing
Day celebration. He lives in New York
some temporary protected status appli-
City with his life partner, Alan Cohen.
cations for undocumented Haitians.
JANE COLEMAN CAMERON was recently cer-
KATYA PLOTNIK announces the birth of her
tified as an advanced Relax and Renew
daughter, Tara Sophie, born in December
yoga instructor.
2009. She has started a solo immigration
ALICE GADELOFF GRAVES writes “The Sec- practice in Forest Hills, New York.
ond Half,” a column about life after 50,
for the St. Petersburg Times. She is work- HON. TODD M. TURNER was elected to a
ing on her master’s degree in library and third term in November as council mem-
information science at the University of ber in the City of Bowie, Maryland, and
South Florida. was recently selected to serve as second
Ellen Pober Rittberg vice chair of the Washington Council of
BRIAN H. LOWY received the President’s Governments Transportation Planning
Award for Excellence in Teaching at the ELLEN POBER RITTBERG has published 35
Board as the Maryland representative.
Queens College Faculty and Staff Assem- Things Your Teens Won’t Tell You, So I Will.
bly in October 2009. The book describes her techniques, such as 1995
guerilla parenting, using stealth, express-
CHARLES CASOLARO was recently asked
1987 ing love, and assuming the proper stance
by the new Nassau County execu-
and position. Visit www.ellenpoberritt-
HON. DORIS GONZALEZ was appointed act- tive, Edward Mangano, to assist in the
berg.com for information on readings.
ing supreme court justice by Hon. Anne revamping of the Nassau tax/property
assessment system.
Pfau in Bronx County in January 2010. 1992
1988 MARYBETH ROGERS has been named a JUDITH FLAMENBAUM closed her private prac-
superior court judge of the Civil Division tice in 2002, in which she had represent-
Since October 2007, JANE JAFFE has been
in Hudson County, N.J. ed women who were victims of domestic
an administrative law judge in Brooklyn
violence. She then became the director
for the New York State Office of Chil- 1993 of the Contested Matrimonial Program
dren and Family Services.
EVE ROSAHN continues to serve as the di- at the Association of the Bar of the City
1990 rector of the Parole Revocation Defense of New York (ABCNY). Now retired, she
Unit of the Legal Aid Society, a position volunteers at ABCNY on publication
EDWARD A. SQUILLANTE JR. is registered
she has held since 2008. divorces and is on the Legal Advisory
to practice before the U.S. Patent and
Committee for Sanctuary for Families.
Trademark Office and received an LL.M. ROGER SCHRADING continues as a public
in intellectual property law from the John defender in the Homicide Unit of the De- DR. SAM OAKLAND, though no longer
Marshall Law School in January 1999. He fender Association of Philadelphia. He is with the Siberian Law Institute at
has been working at Unilever USA since also an adjunct professor at Temple Uni- Novosibirsk State University (NSU),
SPRING 2010 25
a lumni • news
MEAGHEAN MURPHY and AARON AMARAL handling all the juvenile cases, some adult 2008
(’09) helped win a four-week extension indictable crimes, and violations of proba-
on the recent layoffs of 530 school aides tion. He and wife, Janne, had their first Since October of 2009, MATTHEW BARTOLINI
across Manhattan and Brooklyn. As part child, Annika Claire, on January 22, 2010. has been the housing attorney for the
of the Department of Education Employ- Homelessness Prevention and Rapid
ees Local 372 and District Council 37’s CARLA P. MONIZ was recently named one of Rehousing Program of the Legal Aid
legal team, they are preparing a new the Boston Bar Association’s 2009–2010 Society of Northeastern New York in
case in an effort to have the aides rein- top 15 up-and-coming public interest Albany.
stated as soon as possible. leaders.
LISA DAVIS is drafting a shadow report
NASOAN SHEFTEL-GOMES continues as ELIZABETH PALOMBO is employed as the on women’s human rights violations
a staff attorney for the Community director of administration/staff writer in response to the Colombian govern-
Development Project at the Urban Justice for the president of the New School in ment’s periodic report to the U.N. Hu-
Center, providing direct legal services to Greenwich Village. man Rights Committee. She provides
low-income New Yorkers with consumer technical assistance to the University of
debt issues. She is engaged to be married Los Andes Public Interest Law Clinic in
to painter/sculptor Navin June Norling framing prisoner human rights abuses,
on October 10, 2010. including gender-based abuses, for U.N.
submission.
2006 Juliette Forstenzer Espinosa completed
RICHARD ANTHONY CELESTIN became the her LL.M. at Georgetown Law in 2009.
program manager for the Criminal She was married last year and started
Justice Agency’s Supervised Release Health Care Rights Initiative, a new
Program in Queens in January 2010. The nonprofit. Forstenzer Espinosa is also
program targets persons at arraignment program consultant for the Alliance
assessed to be a moderate risk of failure for Ethnical International Recruitment
to appear and likely to be held on bail, Lara Rabiee and Ava Practices at Academy Health in Wash-
and provides supervision and support ington D.C.
services while their cases are pending in LARA RABIEE is employed in Melbourne,
court. Australia. She and her partner, Mark, MUL KYUL KIM works as health policy
had their first child, named Ava, in Sep- counsel at the D.C.-based National Cen-
NATHANIEL E. DEAKINS works as a deputy ter for Transgender Equality on health-
tember 2009.
state public defender in the Appellate related issues that the LGBT popula-
Division of the Office of the Colorado 2007 tion faces, with a particular focus on
State Public Defender in Denver. transgender people.
SIENNA BASKIN went from Equal Justice
Works fellow to interim co-director of DEJANA PERRONE and MASSIEL ZUCCO (’08)
the Sex Workers Project at the Urban have joined CLRN’s Incubator for Jus-
Justice Center, where she advocates for tice to start a small firm, Perrone
the rights of sex workers and survivors & Zucco, PLLC, focusing on direct
of human trafficking. She lives with her low-bono representation in immigra-
partner, CHRISTA DOUAIHY (’08). tion law.
SPRING 2010 27
facult y • notes
Solving Skills in the Training of Ef- Critical Outsider Theory and Praxis in
fective Lawyers,” at the Washington the Policymaking of the New American
University Scholarship Roundtable on Regime” and moderated the roundtable
New Directions in Dispute Resolution discussion “In Search of a Wise Latina: A
and Clinical Education in November Discussion on the Nomination and Con-
2009. The article will be published in firmation of the First Latina Supreme
volume 34 of Washington University Court Justice,” at the LatCrit XIV Annual
Journal of Law & Policy. Huertas-Noble Conference at American University in
was also a panelist for CUNY Law’s October 2009.
CLORE fall 2009 film program screen-
ing of Whose Barrio? The Gentrification
of East Harlem.