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Thursday, June 23, 2011

Hello again, from Kathmandu, Nepal

As I sit down to write about my experiences, I cannot decide where I should begin. There are so many events I want to talk about that my outline for this blog itself is becoming a blog.

Looking for a needle in a haystack (the struggle to locate a case precedent)

Previously, I had mentioned that I was buried in stacks of books locating case precedents. To my awe, I found out that these reported cases are just a few of the cases from the Supreme Court which are selected as important cases by a committee (still awestruck as to what really is the committee’s basis for the selection of cases). However, there are many cases which remain unreported and the only way to find them is by networking. Even with networking, it is impossible if one is not aware of the decision number, party name or date decided and yet, here we are just talking about Supreme Court cases. The district court or appellate court’s precedents are near to impossible to locate. More and more, I am starting to believe that my possibility of getting on-board a flight to the moon might be better possibility than locating these cases. I feel like I am Nancy Drew trying to solve a mystery. Now! Really? Does it really have to be that hard to locate cases?

But, there is definitely light at the end of the tunnel. I found two Supreme Court cases which admitted that the defendants were victims of Battered Woman Syndrome (BWS). Even though the court’s mention of BWS is literally two sentences which are the definition of BWS in English, then the translation in Nepali. So now, I am unsure if it is still considered as two sentences. The defendants were found guilty but received reduced sentences because they were victims of BWS. At least, these cases are some basis for me to further explore so that I can write a suggestive and persuasive memorandum advocating recognition of such defenses.

The value of life according to ……..

The inequality in terms of number of years to be served by defendants of different genders who committed similar crimes behind bars somehow is shocking even though I should have expected this. There is a hierarchy in value of life. The most valuable are men, a little less valuable are women and the least valuable are children. After reading so many precedents, I discovered a common trend. I can almost create a nice, colorful and pretty pie chart to demonstrate the significant difference in value of life amongst the three classes of human race; the only problem is that the numbers are nowhere near being nice, colorful or pretty. Simple illustrations:

1. Murder of MAN: Wife killing husband in a fight (provocation by husband) gets 15 years even though the murder was almost accidental. Here are the fascinating sets of facts. Husband tries to hit wife with a log of wood while quarrelling. Wife snatches the log and hits the husband with the log. Husband sustains a head injury, denies seeking medical treatment and dies after twelve days due to the injury being infected.

2. Murder of WOMAN: Husband killing wife and staging it as a suicide gets 9 years imprisonment.

3. Murder of CHILD: Women killing their new born child (infanticide) get 2 to 5 years imprisonment. For some reason there are so many of those infanticide cases in the Nepal Supreme Court precedent. It almost looks as if these are the only types of cases NSC is interested in deciding.

The need to protect the most vulnerable (Children) is almost nonexistent.

My mid way

My midway to the weeks of my internship is fast approaching. My days here have been somewhat entertaining in ways one cannot even imagine. In the past three weeks, I have managed to slip and fall on a banana peel in the middle of a major street on my way back from work. Too bad I cannot file a slip and fall TORTS claim. No broken bones, just slightly bruised knees and arms but have since healed. Thanks to the scarce supply of water, I managed to get my first food poisoning since my arrival two days ago. Yet, I find these experiences amusing and simply refreshing. They are priceless experiences because they make me realize how much we take our lives for granted back in the United States. It is a win, win situation because I am learning about law and life at the same time.

I am happy to report that my researches are finally coming together and the outline for my memorandum is almost ready.

Follow-up on the District Court

For those of you who wanted to know what happened to those shackled kids charged with possession, use and selling of illegal narcotics, I am happy to report that they were set free on bail. The bail amount was very small. All thanks to the well trained ILF-Nepal defense attorney for he presented a very compelling argument backed with evidence. The case is far from being over but at least, these kids are free from the unruly detention centers.

My ending note

I think I have written enough for two weeks. I will report back in a fortnight, hopefully with a more enlightening, entertaining and engaging blog.

Rina Gurung

Kathmandu, Nepal

BAY AREA LEGAL AID 2012 FELLOWSHIP SPONSORSHIP

Bay Area Legal Aid provides free civil legal assistance to low-income families of the San Francisco Bay Area. Its mission is to provide high quality service regardless of the client's disability, language, or Bay-Area location. Since 2000, BayLegal has successfully sponsored one Shartsis Friese, five Equal Justice Works and three Skadden fellowship applications.

BayLegal invites law students beginning their third year and recent law school graduates to propose innovative fellowship projects for 2012 for submission to the Skadden Fellowship Foundation, Equal Justice Works, Soros Justice Fellowship Program, and/or similar programs. Project ideas should relate to one or more of BayLegal's four substantive practice areas:
• Domestic Violence Prevention/Immigration: help survivors of domestic violence navigate the various legal, housing, and income options available to them as they strive to end the violence and create a safe and stable environment for themselves and their children. This can include: divorces, restraining orders, custody, visitation and support orders; preventing unwarranted evictions, and obtaining priority transfers within public housing. BayLegal also provides full legal representation on immigration-related matters under VAWA.
• Housing Preservation: work to preserve and expand affordable housing by enforcing housing laws and regulations. This includes: assisting clients who are victims of illegal evictions, housing discrimination, substandard housing conditions, foreclosure rescue scams, and wrongful termination from affordable housing programs.
• Health Care Access: help people enroll in and obtain services from health insurance programs for the indigent, including Medi-Cal, Healthy Families, and county care programs. In addition to providing brief services and extended direct representation, BayLegal conducts education and outreach activities at community-based organizations and public policy advocacy.
• Economic Security: secure income and support services for those who qualify for public benefits such as SSI, CalWORKs, General Assistance, Food Stamps, and In-Home Support Services. This includes: assisting clients in reversing unfair terminations or denials of benefits; working with local and state government to improve the administration of these programs, thereby helping public agencies become more responsive to the community’s needs.

Factors that will be utilized in evaluating candidates for sponsorship include:
• Demonstrated commitment to public interest law;
• Knowledge of or strong interest in the relevant issues presented in the fellowship proposal;
• Membership in a minority population served by BayLegal, including the LGBT Community;
• Fluency in a non-English language spoken by many BayLegal clients;
• Excellent oral, writing and legal research skills;
• Ability to work both independently and as part of a team; and
• Anticipated or current California Bar membership.

Application materials are due July 15, 2011. For application details, please visit the CSO Symplicity site.

Monday, June 13, 2011

Volunteer Opportunity: Shelter Legal Services

Shelter Legal Services (“SLS”) offers many different opportunities for law students, including first year students, to gain legal experience working directly with low income clients. We offer several legal clinics on-site at homeless shelters and service centers in the Boston area. By providing services on-site, SLS reaches underserved individuals who may otherwise not receive the legal help they need.

SLS clinics also provide unique opportunities for law students to gain valuable experience in a variety of fields. We take many different types of cases, including consumer debt, housing, family law, veterans’ benefits, and Social Security. We encourage our student volunteers to expand their experience into new areas of law under the guidance and supervision of our attorneys. Each clinic is unique and provides a variety of volunteer opportunities on-site at the following facilities:

Rosie's Place
889 Harrison Avenue, Roxbury, Mondays, 5:00-8:00pm (arrive 4:45pm)
(Homeless and low income women)

Cambridge Multi-Service Center for the Homeless
19 Brookline Street, Central Square, Tuesdays, 8:30-11:30am (arrive 8:25am)
(Homeless individuals)

New England Shelter for Homeless Veterans
17 Court Street, Government Center, Wednesdays, 6:00-9:00pm (arrive 5:45pm)
(Veterans)

Chelsea Soldiers’ Home
91 Crest Avenue, Chelsea, Mondays 10:30am- 2:00pm (arrive 10:25am)
(Veterans)

Veterans Advocacy Network (telephone intake only)
Massachusetts Bar Association
20 West Street, Boston, Mondays 3:00pm – 5:00pm (arrive 2:45pm)
(Veterans)

If you are interested in volunteering, you must attend a SLS orientation, which will take place on Tuesday, June 21, 2011 from 6-8PM at the BU School of Law Barristers Hall. Food and material will be provided and all class years and divisions are welcome!

If you are interested in attending and volunteering this summer, please RSVP by 5:00pm on Tuesday, June 21th to ShelterLegalTraining@gmail.com

Already attended a training and haven’t yet volunteered? Email ShelterLegalTraining@gmail.com with your availability. Indicate “Previously Trained Volunteer” as the subject.

Thursday, June 9, 2011

Equal Justice Works Webinar

Winning Equal Justice Works Style: Tips for Creating a Successful Fellowship Application.
During this webinar we will walk participants through the process and provide inside tips for creating a successful application. Law school professionals and students are welcome to join the session.

Plan Before You Borrow: What You Should Know About Educational Loans BEFORE You Go to Graduate School
This webinar will prepare incoming students to take of the necessary steps to benefit from loan repayment programs before they enter the classroom.

Space for both webinars is limited so register today!


Winning Equal Justice Works Style: Tips For Creating a Successful Fellowship Application
Thursday, June 16, 1 p.m. EDT
Click here to register


Plan Before You Borrow: What You Should Know About Educational Loans BEFORE You Go to Graduate School
Thursday, June 16, 2 p.m. EDT
Click here to register

Tuesday, June 7, 2011

Job Opportunity: Practitioner-in-Residence/Lecturer

Miami Law invites applicants for the position of Practitioner-in-Residence/Lecturer in its Human Rights Clinic (HRC). The Practitioner-in-Residence/Lecturer will have the opportunity to join the vibrant and supportive clinical community at the School of Law. Together with the HRC’s Director, the Practitioner-in-Residence/Lecturer will help run the HRC, including assisting in the teaching of clinic classes, supervising students, managing cases/projects, and representing clients. The position is designed for a lawyer with at least three years of practice experience who is interested in human rights law and advocacy at the domestic and international levels and has an interest in pursuing a career in law school clinical teaching.

The Human Rights Clinic includes a critical and a skills-based seminar on human rights law and practice. The Clinic is engaged in human rights projects and cases before the United Nations, the Inter-American Commission and Court of Human Rights, and other domestic and international tribunals, as well as other forms of advocacy including human rights documentation/fact-finding, report-writing, legislative initiatives, and community organizing campaigns.

Qualifications: J.D. and/or L.L.M. degree from a U.S. law school is required. Applicants must have at least three years of legal practice experience. Applicants should have significant experience in human rights and cross-cultural lawyering; enthusiasm for clinical teaching, student development and training; a demonstrated commitment to social justice and public interest law; the ability to work independently and as part of a team; excellent legal, analytical, organizational, and written and oral communication skills; and ability to travel with and without students. English fluency is required; high proficiency in Spanish and/or Haitian Creole is preferred. Experience in creative and community-driven advocacy, clinical education, project management, supervision of student interns is a strong plus.

Responsibilities: Job responsibilities include:
* Developing, implementing, managing, and supervising all aspects of student work on Clinic cases/projects. The Practitioner-in-Residence/Lecturer will have the opportunity to develop new projects that are connected with the Clinic’s objectives.

* Co-teaching Clinic classes on human rights law, advocacy, and practice.

* Assisting with administrative and operational aspects of the Clinic, including outreach activities to publicize the Clinic’s work; student recruitment and professional counseling; responses to public inquiries regarding the Clinic; participation in strategic planning; liaising with student and community groups; providing content for the Clinic’s website; assisting with the Clinic application process; and providing support for development activities, including grant writing and fundraising.

* Covering cases/projects during the summer and between semesters. Depending on student interest and other needs, the Clinic may run through the summer, in which case the Practitioner-in-Residence/Lecturer would be solely or primarily responsible for teaching and supervising students and cases/projects.

For additional information and application details, please visit the CSO Symplicity site.

Monday, June 6, 2011

Hello from Kathmandu, Nepal


Seized stolen properties collecting dust

Temporary Jail in Kathmandu District Court


Record Room

Settlement Room

Flag of Nepal in the center of Kathmandu District Court

Hello, I am an up-an-coming second year law student from the New England Law | Boston. I was offered an opportunity for a summer legal internship with the International Legal Foundation (ILF) in Nepal. ILF is a 501(c) (3) not-for-profit organization and it provides free quality criminal defense services to the poor in post-conflict, transitional countries. Thanks to today’s advancement in technology, my interview was conducted via Skype.

I was able to accept this offer with the help of the Center for Law and Social Responsibility at the NEL|B. Special thanks to Prof. Dina F. Haynes and Ms. Martha Drane, Fellow (CLSR) for their endless efforts to ensure that I obtain this opportunity.

Sharpening my LRW Skills

My internship started on May 30, 2011. While most Americans were celebrating Memorial Day and grilling barbeques, I was buried in a large pile of books that I had to digest in order to understand the aspects of criminal law in Nepal. My first task was to research precedents by the Nepal Supreme Court to write memorandum regarding Nepal Court Management Rule 188. It had been ages since I read materials in Nepali (the national language) and, to add to my misery, a Supreme Court decision is a far cry from the short sentences I was used to reading in Nepali a decade ago. However, I managed to be mentally prepared in researching and reading case precedents. To my greatest disadvantage, none of the materials are found online. I had left behind the world of LexisNexis and Westlaw the minute I took off from JFK Airport in New York. Hence, I started my research by digging the books from the ILF Library and going through the indexes of each book in anticipation that the cases used Rule 188.

Rule 188 is a provision in the General Code of Nepal which gives the presiding judge the power to make a discretionary judgment, in terms of reducing punishment penalties based on the circumventing circumstances at the time of crime. It was a moment of awakening to read so many Supreme Court opinions and discover that none of the opinions ever cited a single precedent. The law here is studied by learning statutes and codes, unlike in the United States where the law is learned from cases. A practice such as this in Nepal has led to major discrepancies in the way codes and statutes are interpreted. The courts do not pay much attention to how a previous case with similar facts was decided. This reality demonstrates that, to a certain extent, law in the United States is consistent. Here, it is up to the judge to find the argument by either side plausible.

I am currently working on cases that might help the court recognize certain defenses. Defendants charged with crime, who suffer from psychiatric problems such as insanity or psychiatric trauma such as battered woman syndrome, are often indicted. The courts are very reluctant to accept excuse/justification defense. My work hopefully will help the courts change their direction for the better.

I will further update everyone on these developments in the coming weeks.

Visit to the District Court

For those of us who complain about the courts system in the United States, please visit Nepal and observe a day in court; then, our opinion might alter drastically.

I observed a jail bail argument for defendants who were charged with possession and selling of illegal narcotic substances. The charged defendants were virtually kids who were picked up by the police from the streets and were simply in the wrong place at the wrong time. They were on the lucky side of the system because their jail bail court day was set two months after they were arrested. There are many instances where arrested individuals have to wait months or even years just to find themselves in the court for the first time after their arrest.

Innocents are trapped for months if not years in jail due to corrupt law enforcement agents (police), a broken court system (law, lawyers, and judges) and political turmoil (the continuous struggle to write a new constitution for two years and counting).

My one day in court confirmed my idea to knowledge that, in Nepal, only the helpless poor get arrested for petty crime while the police and courts salute the major criminals who are always the rich and powerful.

Rina Gurung

Kathmandu, Nepal