Fall 2015

This summer I was lucky enough to travel to both China and France through the Thomas Jefferson School of Law Study Abroad program.  The program consisted of 3 weeks in Hangzhou, China and 4 weeks in Nice, France.  While in China we were able to see and experience many things about the Chinese culture, most of which we were unaware of.  In the second week of the trip we travelled to Beijing and visited the Chinese Supreme Court, the Great Wall of China, and the Forbidden City.  It was quite an amazing experience because prior to visiting China, I had a very limited knowledge or perception of what life was like in China.  One aspect I really enjoyed in China was the fact that all students stayed in the same hotel and travelled to class together daily.  This is something that I did not grow to appreciate until I arrived in France and realized that everyone was spread out throughout Nice.  China is a communist country and as such, they limit the Internet.  This was a very frustrating aspect of our stay in China, however after a week or so, it did not matter.

After the China program, I flew to Chester, England.  Chester is a smaller city in England that I used to live in and I still have many friends who live there.  I was in Chester for two weeks and I had a chance to relax and enjoy spending some time with my friends before heading off to France.

I arrived in France the day before classes began and I was able to see some of the people who were in China with me and I was also able to meet some new classmates as well.  Classes in France were Monday through Thursday afternoon, which gave us three and a half day weekends.  During my first weekend in France I travelled to Marrakech, Morocco.  The second weekend, I joined some of my English friends in Amsterdam, Netherlands.  The third weekend, I went to Barcelona, Spain and Lisbon, Portugal.  During one of my extended layovers I was able to explore Geneva, Switzerland, which is a gorgeous city.  My favorite country of my trip would probably be Morocco.  Although I was a bit out of my comfort zone, Morocco was a beautiful country and everyone was extremely helpful and nice.   One of the most beneficial aspects of the France program was the fact that there are so many countries within a quick flight of Nice, coupled with the fact that we were only two miles from the airport and had three and a half day weekends.  The biggest negative of the France trip were the accommodations.   I stayed in a hotel/apartment style complex. First, our room was never cleaned by their cleaning service, even though they said they would do so every few days.  Secondly, there was only one key for our room, which made things difficult.  Thirdly, the rooms were very small, not uncommon for Europe, but space is needed in order to study for law school.  One thing I wish had been suggested to me was an idea that came to me in the middle of my France program.  If someone was planning on traveling during the weekend, which most students did, it would be wise to book separate accommodations Sunday-Thursday for the four weeks we were in Nice during the program and then normal hotels or AirBnb while we were travelling.  Instead, I paid for accommodations in Nice and while I was visiting the other countries, I still paid for my room in Nice and all the countries I travelled to.  I would have saved thousands of dollars if I had done this.

Pros

1. Amazing experience whilst being able to travel the world and get course credits
2. Networking experiences
3. Made friends with people and was able to share experiences with them

Cons

1. Accommodations in France were quite bad
2. I had to jump through hoops to access the internet in China
3. Hand written exams were unbearable

Overall, this summer program was a great experience.  Sometimes the program seemed a bit scattered and unorganized, but this did not bother me because I was able to travel to 10 different countries for the same price as going to summer school in San Diego. Also, I was able to take 8 credits all while travelling, which was a nice bonus to the whole program.   Although three months is a long time to be gone from home, the experiences and memories I gained far outweigh any negative aspect of the study abroad program.

There are several legal issues that are brought up by the recent actions of Rowan County Clerk Kim Davis after she refused marriages licenses to several couples following the June SCOTUS decision.  The first of these legal issues is more of a common misconception.  Why wasn’t she just fired for not doing her job?  The answer is simple, she was elected as the county clerk, so she is an elected official rather than just an ordinary employee.  Under Kentucky law the only method of removing an elected officer for misconduct or neglect of duty would be by impeachment before a committee 2/3rds vote in the Kentucky State House of Representatives or the Kentucky State Senate. KY. Const. Sections 66-68.  In Davis’s cases “neglect of duty” could be considered careless or intentional failure to exercise due diligence in the performance of official duty or gross immorality or misconduct in office amounting to neglect of duty.  KY. ST. Section 63.090.

The next issue is whether or not Davis should have accommodations for her religious beliefs.  Accommodations that would allow her to ignore her duties to issue same-sex marriage licenses or to allow her to use her office deny those licenses.  After the SCOTUS decision in June that essentially legalized same-sex marriage, the Governor of Kentucky issued a directive that all county clerks were to follow this decision.  The court has disposed of this issue in some sense by affirming the Governor’s directive because it neither asks Davis to condone same-sex marriages nor impairs her religious beliefs.  As well as ordering Kim Davis to cease interference with her deputy clerk’s issuance of licenses to same-sex couples.  Miller v. Davis, No. CIV.A. 15-44-DLB, 2015 WL 4866729, at *15 (E.D. Ky. Aug. 12, 2015).  Further interference with the issuance of marriage licenses could result in more jail time for Davis.

The third issue being discussed is whether or not the current licenses being issued by deputy clerks in the Rowan County Clerk’s office are valid.  During the 5 days Davis was jailed for contempt after ignoring court order not to interfere, a county executive judge was allowed to issue licenses in her absence, this was valid under Kentucky statute.   KY. ST. Section 402.240.  After Davis returned to work she altered the license forms and the Rowan County Clerk’s Office deputies began issuing marriage license forms without any markers identifying Davis, names only one of her clerks and the Rowan County Clerk’s Office but instead “in accordance with a federal court order”.  This lack of required markers has brought issue to whether theses licenses are valid when non-compliant with some KY marriage statutes.  Kentucky marriage statutes require that a marriage shall not be solemnized without a license but that a license shall be issued by a clerk of the county.  KY. ST. Section 402.080 A marriage license must also contain the signature of a county clerk or a deputy county clerk. KY. ST. Section 402 .100.  This provides some safeguards for those marriages issued by the executive county judge for the five days Davis was in jail for contempt, but not necessarily for those issued while she continues to work at the office with the revised form because it lacks the statutory requirements, although they are being issued under federal court order.

Further legal issues to watch for in the future are other reported actions filed by other county clerks for similar accommodations as well as 2016 KY House Bill No. 31 which would transfer the responsibility of issuing marriage licenses and related marriage responsibilities to the state registrar of vital statistics.

Kim Davis is not Rosa Parks.  She is not a martyr, nor is she a hero.  Kim Davis is the bus driver who refused to do his job when Rosa Parks sat down on that bus. Kim Davis did not need a U.S. Marshall to protect her while she was at work, she needed a U.S. Marshall to prevent her from having to do her work.  

Our country has rarely welcomed change.  This past June, the Supreme Court made a ruling we thought would bring about a more just, loving, and open society; one that would come with the same speed and alacrity that mobilized the same sex marriage movement. It was naive of us to think there would be no resistance after the Obergefell decision.  We were wrong.  We should have seen this coming and we should expect more to come.   We cannot change the beliefs and views of others.  What we can change is how we react.

Kim Davis wants attention.  That is the foundation of her cause.  Not her God, her faith, or her convictions.  What she desires is attention, and we are giving it to her just as she hoped we would.

When we share, post, and re-post articles denouncing her we too are contributing to her cause.  We perpetuate her story and draw out every second of her fifteen minutes of fame.  When we call her a hypocrite and a bigot we are lowering ourselves to her level of blind hatred, we are not riding a wave of righteousness.  Despite our intentions, we are as wrong as she and we are chopping the wood to keep her fire ablaze.

The sincerity and depth of her beliefs should not be in doubt as they are as sincere and strong as the beliefs of those who believe a marriage between two persons of the same sex is a basic liberty our country cannot deny us.  We should denounce her actions, not her convictions. 

History will not remember Kim Davis well, nor the supporters and politicians who stand by her side.  We already know this to be true.  History does not look fondly at the picture of George Wallace blocking the doorway at the University of Alabama.  History remembers the students who had the courage to walk through that doorway.  We must rise above and act, not just speak.

We live in a society where we are welcome to our own beliefs so long as they do not infringe on those of others.  Ms. Davis has turned the tables.  She isn’t stepping down and she isn’t resigning.  And for now, she isn’t going away because we won’t let her.

We must prove to Kim Davis and her supporters that same sex marriage strengthens our country. If we change our reaction and deny her the attention she so desires, her fire will cease to burn.

Instead of spending our time, resources, and energy blogging, tweeting, and creating memes about her, it is time to show her how powerful love truly is.  It is not our job to change her views or the views of others that may be contrary to our own, it is our job to prove to the world how strong and unified we are.  It has been said that the arc of history is long and it bends in the way of justice.  Together we can bend that arc sooner.  The time for words has passed; it is now time to act.

In 2010, The California Bar Journal and the American Bar Association (ABA) published articles listing a study done by the National Institute on Alcohol Abuse and Alcoholism (NIAAA). The study found that “while about 7 percent of Americans were alcoholics, nearly 13 percent of lawyers surveyed by the ABA admitted to consuming six or more alcoholic drinks per day.” According to the NIAAA, moderate drinking is up to 1 drink per day for women and up to 2 drinks per day for men. In 2014, the numbers still hadn't changed much, as those in the legal profession still reportedly abused alcohol at twice the rate of the general U.S population.

The study of law is brutal. For 3 or 4 years students have to learn the language and rules of law, learn new study habits, and focus on passing midterms and final exams. All the while, the anxiety of passing the state bar at the end looms overhead. Student’s weeks are filled with all-night study sessions and a demanding academic calendar so, it is easy to understand that students may go out with friends and get drunk on weekends or during semester breaks as a means to relax or even celebrate. However, these occasions can soon turn into a daily way to escape or cope with school pressures. Anxiety over financial worries and fear of failure can also lead to depression or the use of drugs in order to cope with it all.

What law students need to know is that stress does not end once they officially enter the legal profession. And those addictive behaviors that began in law school (or in undergrad) oftentimes follow fledgling attorneys into the workplace and remain during their career. The stress of starting a new legal practice, paying back student loans, and building a prosperous career can all lead legal professionals to use alcohol and drugs. Depression is very prevalent within the legal field, particularly among female attorneys. The ABA reports that, “The legal profession has the 4th highest rate of suicides, and that those who are lawyers are 3.6 times more likely to suffer from depression than those who are not.” Depression causes sadness, hopelessness, and trouble sleeping. Sometimes medication is needed to combat depression, but if not prescribed, people may self-medicate with drugs or alcohol.

The website, Lawyers With Depression (www.lawyerswithdepression.com), features a September 2015 blog from a female attorney who writes, “Acknowledging my depression for the first time during my third year of law school was as terrifying a realization as it was liberating…I would wake up in the morning in tears, yet by the afternoon I was at school, going through the motions, and relieved to just make it to the end of the day.” Since law school is where addiction and depression seem to initially become noticeable, this is the best time to make students aware and give them the skills needed to cope with these issues. Developing a healthy lifestyle of eating well, exercising and getting enough sleep are key. Also, maintaining good support systems with friends and family, as well as ties to their faith and interaction with their local community are great ways to combat isolation.

While each law student has different motivations for entering the legal profession. It is probably safe to say that one motivation shared by all is the desire to be their best. Being the best can be measured by reputation, income, or impact on the communities they serve. So perhaps, the best reason and motivation for not getting “hooked” on drugs and alcohol is knowing that the quality the legal services you provide will be greatly compromised, whether it be a malpractice suit for ineffective counsel, a DUI arrest, or showing up late to court; students should be aware of the detrimental impact substance abuse will have on their career.

Still, reports from the ABA indicate that, “50 to 75 percent of major attorney disciplinary cases nationwide involve chemical dependency.” In an effort to deal with the problem of substance abuse the ABA has created Lawyers Assistance Programs (“LAP”) in each of the 50 states. LAP’s provide free and professional, confidential counseling for bar members, immediate family members, and law students. The goal is not to punish but to intercede and provide help before an attorney not only causes irreparable damage to his career, but to clients and the legal profession as a whole.

Stress is an unavoidable part of both law school and the legal profession. However, it is incumbent on each of us to be committed to finding healthy ways to deal with that stress. The first step is admitting that you are human, and that you need help to develop tools for stress management such as yoga, exercise, prayer and meditation. Therapy, counseling and setting realistic work goals and boundaries can help keep stress from becoming unmanageable.  If you need help now as a law student, or know someone who does please contact your school or the LAP for California.

During the conflict in Syria, approximately 220,000 people have been killed while 12.8 million people are in need of urgent humanitarian assistance. Statistically, more than 50% of Syria’s population is currently displaced.

According to Amnesty International, the Syrian gulf countries, which includes, Qatar, United Arab Emirates, Saudi Arabia, Kuwait, and Bahrain have offered zero resettlement to Syrian refugees.

As of 2014, Qatar has the highest Gross Domestic Product (GDP) per capita in the world with approximately 14% of their households being dollar millionaires. Meanwhile the economy of the United Arab Emirates is the second largest in the Arab world.  However, despite the vast array of wealth and luxury these countries enjoy they have yet to extend a helping hand to their neighbors in need.

Similarly, other high-income countries like Russia, Japan, Singapore, and South Korea have also offered zero resettlement. Instead, Germany and Sweden together have received 47% of Syrian asylum applications while the 26 remaining European countries have pledged 8,700 resettlement places, which only amounts to 0.2% of Syrian refugees.

Meanwhile, economists are predicting that the sudden influx of refugees will help to boost the EU’s economy by advancing fertility rates and working age populations.  Therefore, while we see the Syrian refugees as a humanitarian crisis, the aforementioned countries see them as a challenge and threat, economists are hopeful that things can only go up from here.

But putting statistics and predictions aside, let’s take a moment and focus on things from a more humanistic perspective. Yes, the preservation of wealth is important, yes, the preservation of a countries economic power is important, but what about the preservation of human life?  What about the lives lost? What about the children’s homes that are ruined, their families torn, and parents lost?

In this day and age where we are surrounded with constant advances in technology and fights for the next “it” job, when do we stop wanting to climb the ladder of success and look around to see what is happening in the world?  When do we see that the things depicted in the media are happening in the real world? Can we stop and think how is this child going to go forward in life, the child whose life was uprooted, whose home was taken, whose innocence was shattered?

There is nothing wrong with wanting to get somewhere in life. We all need to do it to survive in this economy and to survive in a generation that constantly craves more-more-more. But what about the people who can’t do as we do? What about the people who are not afforded the same educations, the same basic necessities, and the same fundamental desires? When do we pause in helping ourselves to see how we can truly help others?

When the mistakes of history are constantly repeated, what can we do to correct them?

Better yet, can we?

Sources:

https://en.wikipedia.org/wiki/Qatar#Economy

https://en.wikipedia.org/wiki/Economy_of_the_United_Arab_Emirates#Human_...

https://www.amnesty.org/en/latest/news/2015/09/syrias-refugee-crisis-in-...

The Moot Court Honor Society is not just about bettering one’s advocacy skills, but also taking those skills and giving back to the community. During Constitution Week, Mesa College requested that Thomas Jefferson’s Moot Court Honor Society put on a demonstration on a topic of law relevant to constitutional rights; a request Moot Court members were more than happy to oblige with.

Moot Court’s President, Brian Del Vecchio, Vice President, Elizabeth Atkins, and Moot Court member, Donny Samporna argued Fisher v. University of Texas along with the assistance of Moot Court members Nadia Akaweih and Pua Uyehara.

During the demonstration, Samporna argued for Plaintiff, Fisher, while Atkins argued for Defendant, University of Texas. Del Vecchio served as Solicitor General and Akaweih and Uyehara assisted with practices and the facilitation of questions.

Fisher v. University of Texas is a constitutional law case pertaining to a Caucasian applicant, Fisher, who was denied admission to the state university. Fisher brought suit alleging that the university’s race-conscious admissions program violated her Fourteenth Amendment right to equal protection.

In 1997, the year that Fisher had applied to the university, the Texas legislature had enacted a law that required the University to admit all high school seniors who ranked in the top ten percent of their high school. Fisher did not fall within the top ten percent.

For those students who did not fall into that category, the school would consider race, amongst a number of other factors, such as Personal Achievement scores, as factors for admission. Fisher believed that the consideration of race violated her Fourteenth Amendment right to equal protection.

However, the district court did not agree as they decided in favor of the University.  Upon appeal, the Fifth Circuit affirmed the district court’s decision. However, Fisher appealed the court’s decision and the case found it’s way before the Supreme Court.

The Supreme Court held that such cases were reviewable under the Fourteenth Amendment and that a strict scrutiny standard was to be applied in determining whether such policies are “precisely tailored to serve a compelling governmental interest.” The Court held that the lower courts had not properly conducted the strict scrutiny analysis in this case. 

What was most exciting for Moot Court members was having the chance to demonstrate their litigation skills as thought they were really presenting a case before a court.

In addition to the invaluable experience, Samporna, who argued for Fisher, really enjoyed the process of helping college students see how Moot Court works and what all it represents. Samporna said, “Helping non-legal minds develop an understanding and appreciation of laws and the legal process deepens my own appreciation for my chosen profession.”

Hopefully the demonstration inspired more than just Moot Courters but also the young minds at Mesa College hoping to pursue a career in the field of law.

While living in Washington, D.C. this summer I somehow ended up watching “Diners, Drive-ins, and Dives” on The Food Network Channel. For those who aren’t aware, this is a show led by host Guy Fieri where he travels around the county and finds the best “hole in the wall” restaurants to showcase. Of course, as luck would have it, the episode I watched highlighted restaurants in San Diego. One of which was Blue Water Seafood Market and Grill.

Blue Water Seafood Market and Grill is a restaurant and market located north of Little Italy off India Street that serves up some of the most outstanding food I have come across. The restaurant is a little small and always has a line; but is without a doubt, worth the wait.

Now as someone who doesn’t particularly enjoy seafood, I am always hesitant to branch out so I tried the shrimp tacos and crab and artichoke dip. I enjoyed the artichoke dip but what was the best was the shrimp tacos. My entrée came with three tacos, but I could have easily eaten way more. The shrimp were beer-battered and topped with cabbage, tomatoes, onions, white sauce, cheese, and came with a side of tomatillo sauce. I have never had a better shrimp taco. It was simply outstanding.

The great thing about this restaurant (other than its food) is the ordering technique. If you want something from the grill you choose your fish, the marinade, and how you want it – either in as a sandwich, a salad, or a plate. The fish is fresh daily and cooked simply. The owners are avid fisherman who built the restaurant around their love of fishing. When dining inside you are surrounded by pictures of their fishing adventures and sizeable catches. It’s a really cool place.

There are a few things that I did not appreciate about the restaurant. One of which is the parking. The restaurant shares a parking lot with a few businesses and only has a few designated spaces that are quickly filled by patrons, the other spots in the lot are designated for the business and they will tow your car. Additionally, their staff are seating fascists. It’s the type of restaurant where you wait in line and place your order at the counter and then take a seat but instead of allowing you to choose, they have staff who place you at a table by your order in line. So if you happen to be waiting for someone to arrive before you place your order and take a seat, the seating fascists will come and tell you that saving tables is not permitted and then make you move. Very weird – and annoying.

Blue Water’s prices are reasonable. On the grill items range in prices depending on the type of fish you order. Sandwiches are approximately $8-$14; entrée salads $10-$19; plates $15-$25; and tacos from $4-$10. I would highly recommend this place and will be back!

Rating 4.5 stars for restaurant overall $$ for cost of food

Professor Susan Tiefenbrun runs what may be one of the best study abroad programs out there. Based out of the Nice University's Law School on the French Riviera, students are able to choose from a colorful assortment of international law classes. I had the privilege of taking Professor Tiefenbrun's course on international human rights and Professor Herald's course on comparative constitutional law, both of which allowed me to broaden my legal horizons while reinforcing the law learned during 1L and 2L years.

Besides amazing curricula in the classroom, other perks for me personally included: A romantic setting for my wife and I to celebrate our 1-year wedding anniversary; living a block away from the beach with 80 degree water temperature; building strong relationships and lifetime friendships with the professors and students there; free French classes; three-day weekends offering opportunities to experience European art, history, and culture; and an amazing weekly lecture series including an Italian Supreme Court Justice and a French sports law doping expert involved with the Tour de France scandals.

Would I recommend the program to other students? YES. Would I do it again? YES. In fact, I am already making arrangements to return to the program during Summer 2016 to take part in the opportunity-of-a-lifetime and receive classroom instruction from Supreme Court Justice Antonin Scalia, who will be teaching one of the courses!

Pros

1. Earning 4 credits in 1 month, which count towards the International Law Certificate
2. Make lifetime friends and strengthen your network with fellow students, faculty, and guest speakers in an intimate setting
3. Become cultured by utilizing 3-day weekends for traveling around Europe

Cons

1. Supreme Court Justice Antonin Scalia did not teach in 2015, but will be teaching in 2016!!!
2. It takes place approximately June 15 - July 15, right in the middle of summer which might interrupt summer internships
3. Likelihood of weekend traveling is a little more than your budget allows

In my opinion, coffee boy/girl internships can wait. Hope to see some of you next Summer!