Today I am hosting a guest post by BC Law student Marija Tesla about her experience in BC Law’s new International Human Rights Practicum.
I have taken many international law and human rights courses at BC Law, and have loved them all: International Law with Professor David Wirth; International Human Rights: The Law of War, War Crimes, and Genocide (or what is more commonly known as humanitarian law) with Professor Allen Ryan; Immigration Law and the Human Rights Interdisciplinary Seminar with Professor Daniel Kanstroom; International Legal Research with Professor Sherry Chen. I came to law school because this is my calling in life, and every experience I got here (after the slog of the very provincial 1L experience), further proved to me that this is what I was meant to do.
All those courses were amazing, but what I have loved most of all is my experience in the International Human Rights Practicum with Professor Daniela Urosa.
I loved working on the amicus brief that we submitted to the Inter-American Court of Human Rights (IACtHR) with Professor Urosa and my amicus partner, Nadia Bouquet, because I got to think about and analyze a technical area of international human rights law while having an opportunity to be creative and to think outside the box (I wrote an earlier post about our visit to the IACtHR; read it here). My aim in everything I do is to challenge the status quo and to focus on how the law can challenge systems of oppression and create societies in which every person can and does live a life of dignity. Human rights law is aspirational and sometimes it creates standards that are not at all lived on the ground by the people who are most marginalized in our societies. Yet, if those of us who dare to remain idealists in a world often run by realists stop aspiring and working towards creating a more just and equitable world, then where will we end up as a collective? What I love about human rights law is that it cares deeply about individual life while caring about the collective. In a world of great economic inequality, environmental and racial injustice, human rights law is not just necessary, it is a difference of not just life and death, but a difference of what it means to live and to be alive.
The following is a reflection based on my experience observing a Zoom hearing in housing court. Attending this hearing was part of an assignment for my clinic, the COVID-19 Relief Housing Clinic. The case I observed is not that of a client of our firm, but simply that of a litigant who virtually appeared in Zoom court that morning.
When I watch courtroom scenes on television and in movies, I am captivated by the persuasive oration, surprise evidence, and yes, the juicy drama. Superficially, attending a status hearing in Housing Court via Zoom was not so different from watching a televised courtroom experience. After all, I opened up my laptop and sat down at my desk to watch the scenes unfold through my screen. But the experience was nothing like watching a media portrayal of a courtroom drama. Because this wasn’t Netflix, and the spectacle wasn’t written with the sole function of my entertainment. That morning, I left feeling the opposite of entertained. It’s a lot less fun when the characters aren’t just reciting their scripts on a stage. It’s hard to find enjoyment in the unfolding of real problems of real people, especially when you can sense that there may not be a happy ending.
In my eyes, the protagonist of today’s narrative was the defendant tenant (let’s call her J), setting forth her case for numerous civil damages against her landlord, C. Particularly, she was experiencing various issues with heat, both in a bedroom and with her oven. This made me remember my own apartment last winter, when the heat was stuck at 64 degrees for less than a day. I was angry, less so because the cold was intolerable, and more so because I feel I have an entrenched right to this utility at all times.
J was situated in her apartment, wearing what looked like a bathrobe. She had attended the hearing after getting three hours of sleep after her overnight shift at work. She looked stressed and overwhelmed. It was like the frustration I feel when I have to stay up late for RA duty, but still have an 8 am class the next day.
Deciding where to go to law school is no easy task. If you are anything like I was, you may still be deciding if a city or traditional campus is right for you. You also may even be wondering if you are more of an East Coast or West Coast person (or something in between). Well, lucky for you, BC Law is hosting Admitted Student Month, which kicked off on March 1! Throughout the month of March, BC will be hosting a ton of live and recorded content, which you can find out about here.
Although this virtual world is not what any of us hoped for, both the administration and students have tried to find ways to connect with prospective students and share why we love BC Law, while answering any questions future students may have. One unique way that I have particularly enjoyed meeting prospective students is through the virtual coffee chats.
Just last week, my roommate and I hosted one over Zoom and we received a number of good questions. It immediately made me realize that many of the questions we were receiving were largely due to the fact that students can’t visit campus (if this is true for you, be sure to check out the brand new virtual tour.) Although coffee chats are still taking place throughout March (and you can sign up here), I thought it would be helpful to provide a roundup of some of the questions we’ve received, as well as our responses.
Over the decade and a half since its start, The Boston College Innocence Program has amassed an astonishing reputation for its work in innocence advocacy and wrongful convictions. Bolstering an impressive record, BCIP both represents innocent individuals and works with policymakers regarding legislative reform, quite literally changing lives every step of the way.
This year in particular, BCIP has secured an impressive amount of exonerations and releases, using new evidence and instances of misconduct, with three major victories in 2020 alone:
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!
“I don’t have a voice. But when you speak on my behalf, I get heard.”
As a law student, I don’t usually consider myself to be in a position of power or influence. In fact, I usually feel quite intimidated, whether I’m with a professor during office hours, trying to sound intelligent (when I’m actually utterly confused about the subject), or at a job interview, doing my best to persuade the interviewers that I’m a worthy candidate (while trying not to shake and stutter from anxiety).
So when my client Joseph* said those words to me, I practically burst into tears. Me? A mere law student? Give him a voice?
As part of BC Law’s Center for Experiential Learning Ninth Circuit Appellate Program, four of our third-year law students prepared briefs and argued today in front of the 9th Circuit Court of Appeals on behalf of indigent clients.
In the Ninth Circuit Appellate Program, supervised law students prepare briefs and argue immigration cases brought by indigent clients who would otherwise be without counsel. The Ninth Circuit Court of Appeals, headquartered in San Francisco and hearing cases arising from Alaska, Hawaii, Washington, Oregon, California, Montana, Idaho, Nevada, and Arizona, screens pro se cases and selects those that present important issues that deserve further development. Past cases have included asylum, withholding, Convention Against Torture claims, questions relating to immigration consequences of criminal convictions, and issues of statutory interpretation that present questions of first impression to the Court.
The Court schedules the opening brief to be filed in October, the reply brief in January, and oral argument before a panel of sitting judges in April of the same academic year. Students travel to the court hearing to present oral argument. The Court then issues its decision based on the merits of the individual cases.
Students develop and apply numerous skills, including client communication, legal research, brief writing, and oral advocacy.
These students have been preparing all year for this day, and you can watch their arguments here: