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Monday, September 21, 2009

CleanSweep with the Environmental Law Society


New England's Environmental Law Society will be assisting with COASTSWEEP 2009 from 2 to 4 pm on Friday, October 9 on the Esplanade. Those interested will be meeting in front of the Hatch Shell on the Esplanade. Click here to learn more about COASTSWEEP.


If you need any additional information, please contact Susan Anamier at susan.anamier@gmail.com.

Thursday, September 10, 2009

Student Opportunities at the Maryland Department of the Environment



Roberta R. James, Assistant Attorney General of the Maryland Department of the Environment, and New England alumna of the Class of '95, has shared the following information about appling for their Summer Law Clerk Program as well as their Spring and Fall Internship Program:


STATE OF MARYLAND

OFFICE OF THE ATTORNEY GENERAL
MARYLAND DEPARTMENT OF THE ENVIRNMENT


POSITION DESCRIPTION - LAW CLERK/LEGAL INTERN

Program Overview:
The Office of the Attorney General (OAG) at the Maryland Department of the Environment (MDE) provides complete legal support for all aspects of the MDE’s work, including pollution control in the areas of air, water, waste, sediment and storm water control. Work in the OAG includes initiating enforcement actions and other litigation, providing advice and counsel, drafting legislation, and reviewing new and revised regulations. Law clerks/interns engage in legal and policy research, litigation and pre-litigation support, developing case strategies, and other projects. Law clerks/interns may attend meetings with state and federal agencies, legislators and citizen groups and are encouraged to assume a significant level of responsibility commensurate with their interests and abilities. Law clerks are also invited to attend OAG in-house work practice group meetings and other educational seminars held throughout the year. Summer law clerks enjoy a series of special tours and programs.

Summer Law Clerk Program:
The OAG's summer law clerk program runs from 8 – 12 weeks, depending on student schedules, with a minimum hourly requirement of 40 hours per week. Summer law clerks receive an hourly wage, which is set each year according to available funding through MDE.

Spring and Fall Legal Internship Program:
The OAG's spring and fall legal internship program runs for 10 - 16 weeks, in accordance with individual school curriculum. The hourly requirement for the internship is 20 hours per week, with limited flexibility. Spring and/or fall legal interns do not receive monetary compensation, but may receive law school credit in accordance with the requirements of individual schools.

QUALIFICATIONS AND HOW TO APPLY:
The OAG at MDE generally hires two law clerks for the summer program and up to two legal internships are available during the fall and spring semesters. Effective legal research and writing is a fundamental aspect of the summer law clerk and semester internship positions offered by the OAG. Preference is given to students who have successfully completed either an environmental law or administrative law course. Students in good standing who are completing their second year, or students who are completing their first year and who have capable legal research and writing skills as demonstrated by the student’s legal research and writing grade, references, or legal writing sample, are eligible to apply for positions at the OAG. All students applying for these positions should send the below documentation to: Roberta James, Office of the Attorney General, Maryland Department of the Environment, 1800 Washington Blvd., Suite 6048, Baltimore, MD 21230 or rjames@mde.state.md.us.

· Resume and cover letter
· References
· Unofficial law school transcript
· Short writing sample

JOB DESCRIPTION:

Legal Research and Advice
Through one of the attorneys within the OAG, the law clerk/intern will be required to apply their research and analytical skills to provide timely advice on matters related to State and federal environmental laws and policies and other areas of the law about which the client agency routinely seeks advice, including administrative, personnel and procurement law.

Litigation
The law clerk/intern will assist attorneys within the OAG to prepare and litigate civil and administrative cases on behalf of MDE to enforce State environmental laws and regulations and to defend the State and the State’s interests in State and federal courts and administrative tribunals. Litigation may include preparation of witnesses and other evidence, conducting and responding to discovery, hearings, motions practice, negotiation, participation in the trial or other adjudicatory proceeding, post trial procedures and appeals.
Business Transactions
The law clerk/intern may assist attorneys within the OAG in representing client agency in commercial or regulatory transactions to insure compliance with applicable laws and regulations. The law clerk/intern may also be required to draft, review and/or revise appropriate documentation.

Communications/Client Relations
The law clerk/intern will communicate daily with attorneys within the OAG and, as appropriate, the client agency and other branches and units of government in a way that ensures the timely, thorough, and accurate flow of information and responses to inquiries, using procedures that comply with the law and policies of the client and the Attorney General.

Writing
Under the supervision of an attorney at the OAG, the law clerk/intern will write letters, memoranda, pleadings and other legal documents, to the client, courts, the Office of Administrative Hearings, and others within OAG to inform or advise others of policies and positions in a format appropriate to the task.

Tuesday, September 8, 2009

Postconviction Access to DNA Testing


On June 18, 2009, the United States Supreme Court decided District Attorney’s Office for the Third Judicial District v. Osborne and held there is no due process violation in denying a convicted defendant's postconviction request for DNA testing when he claims it will exonerate him. Writing for the majority, Chief Justice Roberts wrote, "To suddenly constitutionalize this area would short-circuit what looks to be a prompt and considered legislative response." Continuing, he stated that "[t]he dilemma [of] how to harness DNA’s power to prove innocence without unnecessarily overthrowing the established system of criminal justice" is a task relegated to the states to decide.

Massachusetts is one of only four states in the nation that has yet to enact a statute addressing postconviction access to forensic and scientific analysis of biological evidence. A bill, co-drafted by New England Law’s own, Professor David Siegel, and introduced to the Massachusetts’ House and Senate in January 2009 hopes to change this. The bill outlines the procedures and requirements of not only accessing postconviction DNA evidence, but also guidelines for the preservation biological material and evidence after conviction. Stay tuned to track the progress of this bill.