The Most Important Thing I Learned from Taking the Civil Litigation: Housing Justice Clinic

This guest post was written by Melanie Barber, a second-year student at BC Law.


In the fall, I participated in BC Law’s Civil Litigation: Housing Justice Clinic. I enrolled in the clinic because I was personally motivated by the work. I (like many Boston-area students) have collected my fair share of landlord horror stories and I relished the opportunity of holding landlords accountable. I also wanted to strengthen my understanding of civil procedure, which was not my strong suit when I took it as part of the 1L curriculum. Most importantly, I felt a growing obligation to use my legal education to critically consider access to justice issues.

Before our first seminar, my professor asked us to read an essay from Atul Gawande’s Complications. In this essay, titled Education of a Knife, Gawande reflects on his experience as a surgical resident learning to place a central line. He writes of his self-doubt and mistakes. It was an interesting read, but I remember thinking: what is my professor trying to suggest here? I am only a 2L trying to navigate the first few weeks of Evidence and Professional Responsibility. My professor isn’t going to throw me into a trial, right?

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Why Professors’ Office Hours are Essential to Staying Sane

Everyone knows the saying “It’s the people that make the place.” That idea has held true in every phase of my life, from middle school on Long Island to college in Gainesville, Florida,  and now law school in Boston. Law school – especially the first year – is stressful. It is demanding and can take a huge mental toll. While you’re navigating this new and challenging first year of law school, the people you surround yourself with become one of the most important aspects of your life that is within your control. Thankfully, BC Law already makes it easy for us to surround ourselves with good and supportive people, particularly the faculty.

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Should You Disclose You’re a Law Student on Dating Apps? Here’s What Happened to Me.

I recently dipped a hesitant toe into the pool of online dating. While scary enough on its own, I was also mildly concerned by the parade of horror stories, bad dates, and just plain weird things I had heard about from friends and veteran dating app users looking for love in the digital age. Heedless of their advice, and with a level of ignorance that was almost courageous, I dove in anyway. 

I should have known better.

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Need a Reset? Find Peace on the BC Ski Trip

I lived in Washington D.C. for two years before moving to Boston. After growing up in New York and spending plenty of time in Maine, the one thing I missed most in DC was winter. When I took my first BC Law tour, my tour guide mentioned the Killington ski trip. My mom, who joined me on the tour, saw my face light up and knew I was sold, as silly as it might seem.

This past weekend was the long-awaited trip, and I was nervous about it. I finally recovered from a bad flu that made the start of the semester wobbly at best. I got back to the gym and danced once I healed up, but was worried my body and mind were out of sorts. I was also rooming alone and wondered if I was missing out on the bonding experiences 2Ls and 3Ls talked about on prior trips. 

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Four Things to Know for Those Considering Clerking

A judicial law clerk assists a judge in their most important duties: preparing to supervise an oral argument, drafting opinions, and preparing jury instructions. With direct contact from the arbiters of the law, the value of a judicial clerkship cannot be matched. Not only will a judicial clerk’s writing, reading, and analytical skills vastly improve, their network among members of the Bar, other clerks, and judges will also expand.

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After Net Neutrality: The Return of the States

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

I recently discussed the Sixth Circuit decision classifying broadband as a Title I information service and effectively eliminating the Federal Communications Commission’s (FCC) general power to regulate broadband. But like nature, regulators abhor a vacuum. While closing the door to federal regulators, the decision also creates opportunities for states to act. This post examines the present and potential future of state-level broadband regulation.

Historically, state regulators were key players in the telecommunications space. The Communications Act of 1934 divided the telecommunications world into two neat hemispheres: The FCC regulated interstate long-distance service, while state commissions regulated local and intrastate long distance. This division of authority made sense in a world where 98 percent of calls were local, and long-distance calls were a luxury. But the Telecommunications Act of 1996 dramatically rearranged the balance of power between the federal government and the states. Meanwhile, local telephone service largely disappeared as a separate market, before communication shifted from the telephone to broadband networks. As a result, most states shuttered their telecommunications regulators early in the 21st century.

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Legal Podcast Review: ‘Rebuttal’ Pod

If you’ve ever seen Once Upon A Time in Hollywood – or are chronically online (like me) — you’re familiar with the image of Rick Dalton, played by Leonardo Dicaprio in a violently yellow t-shirt, pointing furiously at an (off-camera) television screen. The image was reenacted by me recently, as I poured over my criminal law reading this week. 

The reason I was furiously pointing at a case from the 1800s? Well, I recognized it. Not from a previous class, but from a podcast I had listened to on my commute to work this summer – ‘Rebuttal,’

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Reading List for Rising Lawyers

The number one question I get from incoming 1Ls is: how do I prepare for law school? 

The short answer is: you shouldn’t prepare. Whether you’ve worked a long career or you’re fresh out of college like I was, use your time before law school to decompress and reset. I promise you won’t fall behind. The briefing, the outlining, the cold call, it’ll all come together eventually. 

But if you’re looking for something to do or want to get the gears turning ahead of time, here’s a list of my favorite legal reads: 

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Environmental Law and the Climate Apocalypse

He rounded a bend to hear the roar of the conflagration and see a fire a half mile ahead like a black-and-red curtain dropped from a night sky. Even from that distance the heat stopped him. He collapsed to his knees, sat in the warm ashes through which he’d been wading, and wept.  – Denis Johnson, Train Dreams.

Fire has always been an inherent part of life in the American West. The mountains, plains, and forests that sprawl from the Mississippi to the Pacific see conflagrations that can reduce thousands of acres of landscape into smoldering ash in just a few days. Then, over time, the plants and wildlife return, and the ecology and lifestyles of the place return to normal over time. But nothing is normal anymore. And I fear we are long past the point where any legal efforts can save humanity from the bed it has made for itself.

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Sixth Circuit Strikes Net Neutrality in Victory for Tech, Administrative Law

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.


My fellow tech policy enthusiasts, our long national nightmare is over. Last week, the Sixth Circuit brought an end to the decade-long fight over net neutrality by prohibiting the Federal Communications Commission (FCC) from applying Title II common carrier regulation to broadband providers. The decision is a victory for tech policy, freeing Internet access from the shadow of overbearing regulation. It’s also a win for administrative law, as it aligns with the Supreme Court’s guidance that courts, not agencies, should resolve disputes over statutory interpretations. The ruling reaffirms the principle that important policy decisions should be made by Congress, not by agencies under the guise of interpreting ambiguous statutes.

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