We Are Stronger Than We Think

Editor’s note: due to the novel coronavirus outbreak, Boston College has moved all classes online and sent students home for the semester. The BC Law Impact blog has suspended its normal posting schedule, and bloggers are now focused on writing about the impact of the shutdown and the current state of the world on their academic and social experiences as law students. We are all in this together; let’s find our way through together.


The day after spring break, when the name “coronavirus” was barely on my radar, I received an email that my ballet classes were cancelled for the rest of the semester. “This is such an overreaction,” I thought, “hopefully I can get my money back.” I was disappointed because dance had been one creative outlet I’d relied on during tough academic semesters. I thought that as young and healthy dancers we could have easily worn masks or broken the class into smaller groups to limit the spread of germs. But I knew those in charge simply wanted to protect us from the spreading virus, so I comforted myself with “better safe than sorry.”

I heard “coronavirus” again the next day when my law school professors gently warned students that classes may be moved online if things get worse. “That seems extreme. Should that really be the first step?” I asked a classmate who then joked that we should have extended our spring vacation. Meanwhile the apocalyptic headlines rolled in: “Massachusetts Governor Declares State of Emergency,” “U.S. Cases of Coronavirus Surpass 1,000,” “Prepare for the Inevitable.” Facebook and Instagram posts from individuals pleading with people to “wash their hands” (people needed a reminder?!) and to “stay home if sick” (wise words) saturated my news feeds. But still, I was in denial of how serious the situation was. It had to mainly be media dramatization, right? BC would never cancel classes – certainly not for the whole semester.

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What Do Bats and Viruses Teach Us About American Government?

Editor’s note: due to the novel coronavirus outbreak, Boston College has moved all classes online and sent students home for the semester. The BC Law Impact blog has suspended its normal posting schedule, and bloggers are now focused on writing about the impact of the shutdown and the current state of the world on their academic and social experiences as law students. We are all in this together; let’s find our way through together.


Recently, I’ve been thinking about a night I spent in Panama trapping bats. More precisely, I was taking pictures of a team of German scientists who were trapping bats. I had been traveling in Latin America when a journalist friend asked me to meet him in Panama and tag along on a story he was doing for the Smithsonian Tropical Research Institute, which studies tropical ecosystems and their impact on human well-being. As the virulence of the coronavirus has shown, bats are especially potent and prolific reservoirs of disease due to their strong immune systems. So every night, this team of scientists would head out into the tropical forest, put nets up between trees, and catalog and take samples from all the captured bats.

The goal was to understand the dilution effect, which refers to the way that biodiversity in the natural world helps prevent the spread of disease from animals to humans. The theory is that when an ecosystem has high levels of biodiversity, it is more difficult for a disease to take hold in any one species. Without any species becoming a potent reservoir for that disease, it is more difficult for it to spill over into human populations. When biodiversity is low, however, a single species can serve as host to a critical mass of disease, facilitating its transmission to humans.

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Impact Update: BC Campus Shutdown

The coronavirus has impacted life around the globe, and it’s now hit Boston College where we live: the University has moved to online learning for all classes and students are required to leave campus (unless you file for an exemption due to travel restrictions, serious personal reasons, or university obligations). Here’s the official BC announcement.

We’re not alone in this: as most of our readers already know, universities are shutting their doors around the country for weeks, or in some cases (as with BC) for the rest of the semester. It’s the right thing to do to try to limit the spread of the virus and keep people safe, but we’re going to miss our daily BC Law routines, professors, and friends!

That said, the Impact blog isn’t shutting down. So keep checking back for more posts from us on all sorts of subjects, including our recent spring break service trip experiences. We’re all still here (at least on a virtual basis), and ready to bring more content your way. Stay safe everyone!

 

Moot Court: Mock Trial’s Nerdy But Cool Older Sibling

Note: The 60th Annual Wendell F. Grimes Moot Court Competition Finals will be held at BC Law on Wednesday, March 11 at 4:00 pm in East Wing Room 120. 


Television shows like Judge Judy prepare every person in the English-speaking world for what could possibly go on at a mock trial competition: there are opening statements, directs, crosses, redirects, closing arguments, and certainly tons of objections and shocking witness impeachments. These are all aimed at typically convincing a jury that your side has better evidence to prove your point, or in the alternative, that the other side simply lacks sufficient evidence to prove theirs.

While this is, I am sure, one of the many cool things about grade school, college, and yes indeed law school, I have found mock trial’s lesser known appellate sibling to be much more entertaining.

Picture this: you, your moot court partner, your opposing counsel and their partner, a panel of typically three judges (often actual judges and high powered successful attorneys), and a fascinating point of law. Your job in a fifteen minute span is to engage in an eloquent and respectful conversation with the judges about the issue at hand. Opposing counsel cannot object to your argument. In fact, the only people who can interrupt you at all are the judges who, if you’re lucky, are peppering you with questions about holes in your arguments and points raised by your opposing counsel. Or they’re asking you about circuit courts that disagree with your theory of the case. Because there’s no jury for whom you must translate the law into something a lay (read normal) person can understand, you just have a bunch of highly intelligent, legally trained people discussing the nuances of our legal system. It’s a total nerd party!

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Opportunity Knocks: The Attorney General Civil Litigation Program

The view from the twentieth floor of the Massachusetts Attorney General’s office building is incredible. From the executive conference room you can see clear to the Heights; BC’s Gasson bell tower rises above the surrounding suburbs. From my desk, I could peek out onto Boston Harbor or the Charles River, depending on which way I turned. One day I caught glimpses of the tall ships taking their annual jaunt through the harbor. Viewed through a metaphorical lens the height of the AG’s office, which towers above the statehouse next door, hints at the independence, responsibility, and power bestowed on the office. In Massachusetts, the AG (who is elected, not appointed, and is currently Maura Healey) both protects and enforces the state’s laws, and stands up for its citizens when the federal government’s actions threaten them. Every year, a select few third-year BC Law students get to peek into and experience the extensive and demanding work behind fulfilling those duties. Last year, I had the fortune of being one of those students.

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Student Service Trips: Spring Break Update

Each spring, over 60 BC Law students spend their spring break providing pro bono legal services to underrepresented communities and individuals locally and across the country. As a 1L, this was my first experience with a spring break service trip, and I have to say it’s pretty inspiring. BC Law really does have a committed culture of giving back and delivering justice around the world.

This year, 65 students are volunteering at pro bono placements serving:

  • communities in the District of Columbia, Navajo Nation and 10 states, including AL, TX, MD, NY, GA, LA, TN & OK
  • communities in 12 cities from Harlingen, TX to Baltimore, MD
  • 23 organizations, including the Southern Poverty Law Center, Legal Aid Services of Oklahoma, Navajo Nation, ProBAR, Disability Rights Louisiana, Oxfam America, Volunteer Lawyers Project and Legal Aid of East Tennessee

Here in Montgomery, Alabama, we are spending our spring break working at governmental and nonprofit organizations across the state, and we’re planning on writing more about our experiences when we return. For now, here are some photos from Montgomery of me and my fellow students!

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Hate Law School? Try BC Law

In a recent article by the National Jurist titled “Hate Law School? You’re Not Alone,” a law school graduate delved into tips to avoid the abhorrence many feel for their programs. Citing the grading system, the unequal level of opportunity, and law students themselves, the author argued that few people actually like law school. She offered up some tips to help students who are feeling discouraged, even recommending that if all else fails and if they really hate it that much, students should drop out and save their money.

Reading this article, I couldn’t help but think of another solution—come to BC Law instead.

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Why I Went to Law School

Growing up, I always said I wanted to be a lawyer. Both my dad and my stepmom were lawyers and I always loved to write. When it came time to take the LSAT and write a personal statement, however, I began to rethink this career choice and decided to wait to apply.

In April 2015, right before my college graduation, I received one of the worst phone calls of my life. I learned that someone close to me had been sexually assaulted. Although the details were fuzzy, she decided to take all the available steps she could. She went to the hospital where a rape kit was performed, she reported the rape, and decided to move forward with pressing charges.

When this case was unfolding before my eyes, I constantly had more questions than I did answers. I could not understand what additional evidence the prosecutor “needed” before pursuing the case, the standard of proof—guilty beyond a reasonable doubt—meant very little to me, and the perpetrator’s ability to walk away with a misdemeanor charge seemed unjust.

Simply put, this was the most difficult time in my life. My emotions were everywhere and I felt stuck in a position where I was unable to help. But finally, I discovered the true reason why I wanted to be a lawyer.

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A Unique Opportunity: The Rappaport Fellows Program

Today I’m hosting a guest blog from Kadie Martin, a second-year student and Rappaport Fellow, about her experience with the Rappaport Center for Law and Public Policy at BC Law.


My first love wasn’t the law. It was public service.

A lot of people assumed I would go to law school because I studied (and loved) political science in college. But I didn’t always see that as my path. After college, I worked in state government, first in the State Senate, and then for the Attorney General’s Office, and saw how state law shaped Massachusetts residents’ lives. It always seemed that if I wanted to pursue a life of public service, particularly in government, I would have to make a choice. I could go to law school or study public policy.

But then I heard about the Rappaport Center for Law and Public Policy at BC Law, and all that changed.

The Rappaport Center, led by Executive Director Lissy Medvedow and Faculty Director Dan Kanstroom, convenes Massachusetts leaders within government, nonprofits, business, and academia to think through the most pressing, complex, and challenging societal issues of our time. This spring, for example, Senator Markey will be on a Rappaport panel about criminal justice reform. Rappaport hosts visiting professors, including former Massachusetts Governor Jane Swift this semester, and Senior Fellows in Residence.

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United States v. Bhagat Singh Thind: On Gaining Citizenship & Losing Identity

What is one promise you make when you become a United States citizen? To give up loyalty to other countries.

I remember this very question from my parents’ civics test as part of their naturalization process. We moved here from India in 1998 on an H1-B visa, eventually became permanent residents, and then finally became citizens in 2012. I didn’t have to take the citizenship test myself since I was a minor, but I remember helping my parents study. This one question in particular made me pause and realize how significant this step was for us, ceremonially: we were officially becoming Americans now.

It’s a real privilege to become a United States citizen, and I’m not sure how many American-born people realize what immigrants give up – both physically and symbolically – and how grateful they are to become citizens. That’s why it stings when throughout history, American-ness has been conflated with whiteness, and this sentiment lingers to this very day. I’m especially reminded of this bitter truth today because February 19 marks the anniversary of a particular SCOTUS case decision that hits close to home: United States v. Bhagat Singh Thind (1923).

Thind, an Indian Sikh man, had come to the United States in 1913. Having obtained a bachelors degree from India, he wanted to further his education at the University of California Berkeley. He enlisted in the US Army, served in WWI, and was discharged honorably in 1918. After his discharge, he applied for citizenship in Oregon state, and was granted naturalization. Yet, soon after he became naturalized, an examiner appealed the decision. Thus began the fight for citizenship that eventually reached the Supreme Court. Thind’s citizenship was challenged because of the statutes of the time. The Naturalization Act of 1790 restricted naturalization to ‘any free white person’ of ‘good character’ and the Naturalization Act of 1870 extended citizenship to ‘aliens of African nativity and persons of African descent.’ In the Ozawa case the previous year, a Japanese-American man petitioned for naturalization on the grounds that he was white in skin color. In that case, the Supreme Court held that ‘white’ meant Caucasian, and hence denied him from gaining citizenship. The Ozawa case is a striking example of how whiteness was used as a defining factor of someone’s worthiness to be American.

Thind, relying on the Ozawa case rationale, used anthropological texts and studies to argue that he was from North India, the original home of the Aryan conquerors, and so that meant he was of Caucasian descent. Further, he argued that as a high-caste Indian himself, he had a repugnance towards marrying a “low-caste” Indian woman. One line from his actual argument reads: “the high-caste Hindu regards the aboriginal Indian Mongoloid in the same manner as the American regards the Negro” (note that the term ‘Hindu’ at the time was used not to describe religion, but as a racial and geographical marker). Despite his assertions, the court unanimously decided against Thind, upholding that Indian people are not white and cannot become citizens. This decision was not overruled until President Truman signed the Luce-Cellar Act of 1946.

It hurts that Thind was denied citizenship because of his ethnicity, but it pains me even more that he himself tried to disown his heritage. In both the Ozawa and Thind cases, these men didn’t challenge the discriminatory nature of the racial criteria, but instead contended that they were white, too. Maybe they didn’t think it was possible to win by challenging the racist motivations behind the laws of their day, or maybe they genuinely wanted to be white in order to fully belong. Either way, this mindset of being different than other minority groups, of somehow being “more white” lingers to this day.

The model minority stereotype today paints the narrative that Asian-Americans are the paragon of immigrant success stories. It perpetuates the idea that Asians achieve higher in education, rise to higher socioeconomic statuses, and overall attain more prosperity than other groups. This blanket statement undermines the diversity inherent within Asian-American experiences. Moreover, by creating a hierarchy and placing Asians at the top, this myth furthers racial wedges between minority groups, maintaining a sense of division among people of color. It advances the same problematic sentiment present in Thind’s argument, that we Asian immigrants are somehow better; under this logic, our status is more close to that of white people, and hence, we are more American.

The Thind case reminds me that the life of an immigrant is one of sacrifice: we leave behind our homes, our families, and everything we’ve ever known. But we give all this up with hope, because we love this country and have faith in the opportunities available for us here. We take an oath to ‘defend the Constitution and laws of the United States’, to ‘do important work for the nation if needed’. We are proud Americans, too. Please, do not pit us against other minority groups or make us give up the very essence of our identities to prove it.

Roma Gujarathi is a first-year student. She loves hearing from readers: email her at roma.gujarathi@bc.edu.