Feb ZA - Whittier Law School
Transcription
Feb ZA - Whittier Law School
ZEALOUS ADVOCATE FEBRUARY 2014 WHITTIER LAW SCHOOL SPRING ISSUE 1 {in this issue} 2 About the EIC 3 Proud Poets Bring Home the Award: Frederick Douglass Moot Court Competition 5 Welcome Back BBQ 7 International Child Adoption 8 Making Your Dream Come True 9 Life at Wallin & Klarich 10 State of the Union Viewing Party 11 PILF CARES 12 Stella’s Food Corner 15 1Ls Speak Out 16 Upcoming Events about the editor-in-chief: Hi everyone, I’m Claire Chang, and I am proud to be the newly elected Zealous Advocate Editor-in-Chief for Spring 2014. As an ungraduated student at California State University, Long Beach, I served as a student reporter for Daily 49’er. Upon earning my Journalism and Communication Studies degrees, I was the senior contributing writer Patch of Fountain Valley. Currently, I am a second-year, the vice president of APALSA and a child advocate at the Children’s Rights Clinic on campus. I am interested in pursuing a practice in real property law. I am originally from Taiwan, but moved to California in elementary school and grew up in Orange County. I love outdoor activities, eating ice cream, baking sweets and feeling the sun’s ray on my skin. I am excited to be a part of Zealous Advocate this semester and look forward to a great spring term with you all! For any questions, comments or concerns, please do not hesitate to contact me or flag me down in the hallways. Best Regards, Claire Chang Editor-in-Chief [email protected] Proud Poets Bring Home the Award by Krystle White, 2L Many people aren’t aware of the Frederick Douglass Moot Court Competition. So, I’ll fill you in… National Black Law Students Association, the largest student run organization in the United States, operates this competition. The program facilitates and promotes academic excellence through brief writing, critical thinking, and oral advocacy. Each year, between 100-120 teams of Black law students have the opportunity to compete in oral advocacy competitions at the regional and national level, and connect with attorneys and judges. In 2004, Whittier Law School BLSA Chapter brought home the second place trophy for best respondent brief. This year, our school’s chapter chose to participate in the competition, represented by James Drake, IV , 3L, and Mykhal Ofili, 2L. The first round, the Western Regional competition, took place in Sacramento, CA, where seven teams, including University of San Diego Law School, UC Davis School of Law, Santa Clara Law School and University of Southern California School of Law, competed along with Whittier Law School in a three day competition that left James and Mykhal the last team standing. They will go on to represent Whittier Law School in the National Competition that will take place March 12 to 16 in Milwaukee, WI. I spoke with James and Mykhal about their thoughts and experiences in their preparation for the competition, the actual competition itself and how it felt to come back with the ultimate prize. *** Question (Q): What made you want to compete in the Fredrick Douglass Moot Court Competition? James: I heard about the FDMCC during my 1L year because it was one of the courses that you could sign up for on TWEN. I wanted to compete during my 2L year, [but] I was incredibly busy so I made it a priority to do it this year. Mykhal: I wanted to participate in Moot Court so that I could better my advocacy skills. I really enjoyed the 1L competition and looked for any opportunity to continue that experience. (cont.) (cont.) Q: How was it to prepare for the competition? James: Extremely stressful because like all Moot Court competitions you are researching, drafting and editing a complicated brief with a strict page limit during the school year while you are in school full[time], [with] working, extracurricular activities and your personal life all vying for your attention. As the deadline nears you are constantly tinkering with your brief and trying to make it better. Once the deadline arrives, you submit your brief but you always, in the back of your mind, think it could have been better. Mykhal: It was pretty time consuming to prepare for the competition. The problem itself was arguments possible. Q: How did you feel once you found out that you made it to the final round? Were you surprised? Did you expect to make it to the final round? James: We came to the competition with the expectation of winning it and advancing to nationals. Anything less than first place would have been personal disappointment. After the preliminary rounds we had a feeling that we were one of the stronger teams at the competition and we had the second highest score of all the teams up until that particular point in time. Mykhal: Honestly, we did expect to make the final round. James and I met roughly one month before the briefs were due and decided that we weren’t going to waste our time “putting in a good effort”. We decided that we had the potential to win and all we needed was to match our potential with the amount of time we spent pouring over the prompt and on the brief. Once we made the final round, we were of the opinion that we just had to finish strong. the briefs were due and decided that we weren’t going to waste our time “putting in a good effort”. We decided that we had the potential to win and all we needed was to match our potential with the amount of time we spent pouring over the prompt and on the brief. Once we made the final round, we were of the opinion that we just had to finish strong. Mykhal: Ecstatic. Definitely the best achievement I have had thus far in law school and I look forward to continuing our success at the [national] level. Q: Did you feel the pressure competing in the final round? James: We are reaching [out] to the faculty to help us conduct as many mock panels as possible before the competition. We are also trying to work with the Moot Court Honor Board as well to get as much practice in as possible so our presentation at nationals will be flawless. James: The pressure we felt was mainly the expectations that we put on ourselves to win the competition. The other team scored higher than us in the preliminary rounds so they had the upper hand and we previously faced them in round 3. We faced them again in the final round so we had a bit of a chip of our shoulder going in that we used to our advantage. During the final round it is a whole completely different ballgame. The nerves are 10 times worse than what you experienced in the preliminary rounds because the final round is the last round of the competition because you spend most of the day waiting to compete which is usually spent sitting around with your opponent engaged in awkward conversation and going through your opening statements and arguments a thousand times in your head. The time goes by so slowly so by the time the round begins you are ready for the whole thing to be done with already. Mykhal: YES! The final round was the toughest series of questions I have ever faced in doing a mock presentation. They did not let us slide on anything and our adversaries were also extremely prepared. We went in with an argument prepared and did our best to stay on topic. Q: How did you feel once you it was announced that you won first place? James: After they announced the 2nd place team we both knew we were going to win the competition so we just looked across the table at each other and grinned. When they announced that we won, we just walked up to the stage and received our trophy. It felt very good for our hard work and our school to be recognized. Mykhal: Ecstatic. Definitely the best Q: How are you preparing for the National competition? Mykhal: So far, James and I have been in touch with the Moot Court team on campus, as well as many other professors. We are working on setting up times so that we may run through mock arguments at least twice a week with professors as the mock judges. Q: What are your expectations for the National competition? James: We are not trying to go for 2nd place if that gives you any indication. I would really like to bring home a trophy and have a banner in the cafeteria. Mykhal: Our expectation is to win. We want to show people that Whittier Law School does a fabulous job of preparing its student to go out and practice. A lot of “big name” schools that are highly ranked seemed to come in with the attitude that they just deserve the title based off the name on their degree. We let our hard work and performance do the talking. *** “Teamwork makes the dream work.” Yes, its cliché, but it’s exactly what brought the first place trophy of the Western Region competition to WLS. They’re not done yet though. There’s still one more trophy to be brought home and that’s the first place trophy of the national competition. If you see them around campus, be sure to congratulate them on their win and show your support as they prepare for nationals. Good luck guys! Peace and Blessings. WELCOME BACK BBQ January 23, 2014 Kicking off Spring 2014 INTERNATIONAL CHILD ADOPTION A Different Approach on the Theory of Intercountry by Melissa Chichportich, 2L On Jan. 16, Professor Christopher Balding from the Peking University’s HSBC School of Business in Shenzhen, China, gave a presentation entitled, “A New Ethical Framework for International Child Adoption.” My first thought, along with others I’m sure, was why an economist would be interested in the issues of international adoption. To my surprise, his presentation was To my surprise, his presentation was interesting as well as eye-opening. According to Professor Balding, all public policy and legislation is data driven except in intercountry child adoption. Professor Balding became interested in this topic because despite the overwhelming data and statistics available on international adoption, no one in the field was using these statistics in the discourse regarding the pros and cons of intercountry adoption. Rather, many of the arguments both in favor of and against intercountry adoption were based on anecdotal information. The data that Professor Balding presented was staggering. According to his presentation, one in six couples are infertile and approximately 750,000 women are actively seeking to adopt. The problem is not that people are not willing to adopt, but rather that there are obstacles to adopting internationally. Using these statistics and others, Professor Balding focused on applying and understanding data and statistics to help construct a safer and more ethical legal framework for intercountry adoption. Professor Balding uses an economic and statistical approach to this problem by using risk analysis. The risks associated with orphaned children are mortality, malnourishment, physical health, mental health, and disease. The risks of intercountry adoption include the potential for child trafficking, removing orphans from reliable single parents or extended family, child labor, institutionalization, and domestic violence. However, the risks of not being adopted far outweigh the risk of falling victim to one of the risks of being adopted. Professor Balding argues that risk is driven by data and facts, anecdotes and innuendoes are no substitute in making policy. When one removes the emotion and anecdotes and simply applies a statistical analysis, the overwhelming amount of evidence points to the fact that we should be encouraging intercountry adoption rather than creating bureaucratic and other roadblocks to it. His presentation was definitely not what I expected, but maybe an economist view is exactly what is needed. MAKING YOUR DREAM COME TRUE by Claire Chang, 2L On those days when the feeling of defeat is taking over, be reminded that, “Success is never final, failure is never fatal, and courage is always crucial.” Those inspiring words were spoken by Ruthe Ashley, Esq. during her visit on campus last month. Orange County law school students and local professionals gathered in room 3 on Jan. 10 to attend APALSA’s first spring event, “Making Your Dream Come True,” where guest speakers, Ashley, and Quyen Tu, Esq. shared the key to success: building relationships, learning how to overcome obstacles and having leadership skills. Tu, a solo practitioner in Orange County, emphasized the necessity of having a mentor and building relationships with those in the legal community. As she was making the transition from being a Consumer Law attorney at Public Law Center, to starting her own firm, those who encouraged and guided her through the challenges she faced as a new business owner, were attorneys whom she had maintained relationships with throughout the years. One of her biggest supporter was, and still remains to be, Ashley, whom she met while attending University of the Pacific, McGeorge School of Law. Ashley had been the Director of Career Services at that time on campus. “She just walked into my office one day, introduced herself and said, ‘I want to be your intern,’” said Ashley. “I didn’t even know I needed an intern!” Ashley used that story of how she met Tu in order to demonstrate a leadership quality that many are afraid to embrace and act on: taking that leap, despite the chances of falling. She reminded us that success never arrives without failures (yes, plural). As a former National Asian Pacific American Bar Association president, founder of Reeves and Ashley, LLP, and current CEO of Diversity Matters Consulting, Ashley knows a thing or two about those heartbreaking moments when things don’t pan out as imagined. She reminds us that it is not until we learn from those failed attempts, which then we grow and be one step closer to making our dream come true. Law school brings out all sorts of feelings for us students -- whether it’s the feeling of acing that paper or the gut-wrenching moment the professor calls on you and you realized you weren’t as prepared you had thought. Despite it all, we all keep going back for more the next day. For better or for worse, it’s that determination to be better that drives us to be the future attorneys of the world. My Life at Wallin & Klarich by Adam Jackson, 3L For the past six months, I’ve been working as a legal assistant at Wallin & Klarich, a private criminal defense firm. I got the job through a seldomused part of Whittier Law School’s system: Symplicity. During my time in law school, I have worked exclusively in the criminal law field and wanted to find a way to continue learning more about this area. I externed for three semesters at the Orange County District Attorney’s Office and spent a summer working for the Honorable Judge Stephen Bromberg, who handles criminal law matters in Central Orange County Superior Court in Santa Ana. Like many of my classmates, I panicked once that externship ended. I knew I needed to work somewhere. I needed experience. I needed something for my resume. I needed a job and I needed it badly. So, I went onto Whittier’s Symplicity website, looked through the various job listings and stumbled upon Wallin & Klarich. I did some independent research and then submitted my information. It wasn’t long before I was contacted for an in-person interview. Wallin & Klarich has been practicing criminal law for over 30 years. I interviewed at the corporate office in Tustin, but noticed that Wallin & Klarich has offices throughout Southern California, including San Bernardino, Riverside, Ventura and Los Angeles. Now, working at a private criminal defense firm, I find myself on the opposite end of the criminal law spectrum. I thought the adjustment would take time, but it was seamless. During my time at Wallin & Klarich, I have realized many things cannot be replicated without experience. For one, I’ve had direct, face-to-face contact with clients. I’ve met them, talked to them on the phone and e-mailed them – I know who these people are. From the first day our clients retain us and I open their file, I begin to understand their stories. I get accounts from various sources, such as the police, the client and the district attorney, in order to learn more. I’ve also worked on countless motions, including expungements, petitions to seal and destroy arrest records and petitions for early termination of probation – many of which have been granted. I work directly under Attorneys Jonathan Lynn and Matthew Wallin. Our teamwork plays a vital role in allowing us to give each client our best efforts. Working at a criminal defense law firm is interesting and enjoyable. I’ve seen people screw up. Some people do bad things and must atone for their decisions. Other people make mistakes that can be forgiven. Through my supervising attorneys and mentors like Senior Partner Paul Wallin, I have learned what it takes to run a business, help a client throughout the entire legal process and, ultimately, do the right thing. This experience has prepared me, in my last semester of law school, for what lies ahead. I couldn’t recommend a better place to work or a better opportunity to have. I began working at Wallin & Klarich because I needed a job, but found much more than that. I’ve seen the entire gamut of criminal law opportunities, but no other experience has prepared, challenged, or made me grow more than my time at Wallin & Klarich. I can truly say I am lucky for this opportunity. by Naheed Sahak, 2L Campus Democrats held its annual viewing party in room 14 on Jan. 29. Students gathered to watch President Obama give the 2014 State of the Union Address as he gives his recommendation to Congress on the agenda that are important for him to push through for nation. JOIN BECAUSE YOU CARE[S] by Mykhal Ofili, 2L Public Counsel: Connecting Angelenos to Resources and Essential Services (CARES) allows volunteers the opportunity to provide direct legal services and advocate on behalf of indigent and homeless clients who are receiving or applying for public assistance. Advocates will go to Los Angeles County Department of Social Services Offices as the result of a famous law suit: City of LA v. County of LA. Participants receiving public benefit brought suit in federal court because of improper administrative barriers placed on benefits by the workers. Pursuant to the lawsuit, the court ordered that Public Counsel and other non-profit legal agencies go directly to these offices and fill out “benefit inquiry forms” that will force the DPSS workers to provide participants with clear rules and reasons why they are denying their benefits. In plenty of cases, the DPSS workers realize they have made the mistake and will award the participant back benefits. CARES represents an amazing opportunity for law students to get experience dealing with a client in a live setting. To get involved, students must either attend a live training on public benefits or listen to the audiotape available on Whittier’s Public Interest Law Foundation’s TWEN site. Once the student gains an understanding of the different rules present to receiving benefits, they will be matched with other law students or master’s students and a supervisor familiar with the process and assigned to a DPSS office. Whittier students have frequently advocated at the Southwest Special DPSS office in south Los Angeles due to the close proximity to Orange County. Teams typically meet outside the office and walk in together to begin advocacy. The process is very much “trial-by-fire” and many who participate feel as though they could always learn more about the process. One does not need to know every single law of public benefits in order to advocate effectively. There are six key questions every advocate must ask the participants and once the supervisor is made aware of these answers, they will know whether to submit a benefit inquiry or not. If you are interested in participating with the program, be proactive! Join Whittier PILF and register with the TWEN page because the trainings are password protected. Listen to an audio recording of the training and look out for announcements from PILF regarding future outings. To learn more about CARES, visit: the official Public Counsel website or contact a Whittier PILF member. Stella’s Food Corner by Stella Kim, 3L Breakfast at Tiffany’s? Check! Breakfast at Plums? Check! If you haven’t had breakfast at Plum’s Café and Catering, you’ve been missing out! Located: 369 E. 17th St. Costa Mesa, CA 92627 Phone: (949) 722-7586 Reservations? YES! Refund check worthy: YES! POSITIVE YES! I think I have had almost everything on their menu and there is nothing I don’t like! Between their famous Crab Dungeness omelet (which is AMAZING, with chunks of crab and crispy asparagus to top!)and their famed Dutch Baby (perfect with lemon and powdered sugar) being raved in reviews, I love the variety that the offer. The food appeals to all types, from those that crave sweets, savory, or both. The French Toast is crispy, flaky, and perfectly gooey inside. Do you see those crispy flakes? The French Toast was doused and baked with coconut goodness! I loved how the coconut flakes added more texture to the gooeyness of the inside of the toast. The fresh fruit on top of the toast was so sweet, I wish I almost – ALMOST didn’t add any syrup. The eggs benny was unreal. The hollandaise was creamy but not oily and the eggs were perfectly poached. This benedict was not your normal benny with Canadian bacon and an English muffin. I’m a fan of normalcy but Plum’s did such a great job making exceptions. The ham was peppered and juicy. The baguette gave an extra crunch and added heartiness to it. Plum’s isn’t for the weak. The potatoes and peppered bacon as one of the many sides they offer really boost the meal. Throw on a bit of their special ketchup and your belly will be one happy camper. TICKETS ON SALE NOW "Since finals this past semester, I have been meeting with professors for critique on my exams, and I have been reviewing notes more frequently." -Christy Garcia surveyed by Tiffany Larson, 1L and Christy Garcia, 1L "I started taken more notes this semester, and I make sure to review them at least once before the next class." -Ani Grigoryan "Now that I have taken my first law school finals, I have a better understanding of how to attack an exam. My preparation will be focused on taking practice tests weekly and starting my outlines much earlier. I will still keep my oneday at a time approach, as I realize that law school is not a sprint, but a marathon." -Jimmy Applegate "I'm starting on my outlines now instead of waiting for dead week. Also I'm making flash cards to memorize the specific rules of law that the professors want us to know." -Luis Sandoval "After the first semester, I realized the need for outlining earlier in the semester. If not just to avoid a ton of work at once, it helps to organize material in a meaning way. I will also be hitting the practice tests earlier this time around." -Robert Greenhall “Now that I know my professors better I know how to approach reading assignments and practice exams. I am definitely doing outlines a lot earlier than last minute this semester!" -Isha Kakkar "Study, grill professor after class, and practice with prior exams with Prof. McDonald!" -Kenroy Cherrington “I have somewhat of a different approach to this semester. I know more of what the professors are looking for from exams, from class participation, from office hours etc. First semester was a great learning tool. The tough thing about spring semester is that we were on break for four weeks and it has been hard to get back into the groove of law school. After completing finals in December I can say that I am more confident in my abilities and know that this is definitely something I can handle even though it will continue to take a considerable amount of work.” -Andrew Cobb february UPCOMING EVENTS 3 Voir Dire 6 PM - Courtroom 4 Coffee with Dean Pritikin 9:30 AM 4 Grad Fair (3Ls & 4Ls) 12 PM - Lower Concourse 8 UCLA Public Interest Career Day UCLA School of Law, 385 Charles E. Young Dr. E., 1242 Law Building, Los Angeles, CA 90095 10-13 APALSA Valentine’s Day Gram Lower Concourse 10-13 WLSA Women’s Professional Clothing Drive Drop off box at Lower Concourse 13 WLSA Valentine’s Day Gram Lower Concourse 12 Inns of Court 5 PM Room 1 18 20 Pizzas & Pointer: Business & Tax Law 12 PM - Room 2 Spirit Day 4 PM - Quad 20-23 National Trial Advocacy Competition Courtroom 24-28 Spring Break Lower Concourse Zealous Advocate is a publication voicing the voices of Whittier Law School students and local community members. The content in each article reflects only of the opinions of the authors, and not necessarily that of Zealous Advocate, Student Bar Association or the Editorial Board. Questions, comments or concerns? email Claire Chang at [email protected]