~ Archive for January, 2008 ~

The “Dish” on Weekend Dining at HLS

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Admissions staffer Julia Foresman sat down with 2L Erin Carroll a few weeks ago to “dish” about the new weekend dining club Erin initiated this fall as an RA in North Hall Dorm. Conceived in part by the large number of international L.L.M students here at HLS looking to make friends and explore Boston, the club has taken off as a social success open to all.

In addition to captaining the dining club, Erin spoke of her editing roles with the Journal on Law and Gender and her work with the Women’s Law Association.

Erin Carroll: (8:03)

HLS Student in NYTimes

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NY Times columnist Nicholas Kristof mentioned Andrew Klaber JD/MBA ‘10 yesterday in talking about social entrepreneurs. Visit the link.

Slaying the Law School Dragon

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photo winner

Christoph Luschin, 1L, shares his mindset going into finals last semester.

Who’s his partner in crime? “It’s actually my wife, who is studying for an MEd at BU. She is a great support and reminds me daily that good will come of being a 1L just yet.”

China and the Problem of (E)-Waste

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HLS has a number forums in which visiting scholars can share insights of their research projects with the HLS community. One example is the Visiting Scholars and Research Colloquium, which recently hosted Jung-hoon Kim, a Professor of Law from Seo-Kyeong University in Seoul, South Korea. Professor Jung-hoon Kim recently conducted a study that examined the environmental conflicts surrounding the disposal of electronic waste (e-waste), such a circuit boards, through the lens of environmental justice in China. Kim suggested that the importer/exporter relationship of electronic waste between developing and developed countries has economic benefits that laced with egregious human rights violations that demand worldwide reform.

“In spite of the determination of the UN Commission on Human Rights that everyone has a right to live in a world free from toxic pollution and environmental degradation,” explained Kim, “violations of these rights occur in poor communities where companies illegally operate environmentally hazardous facilities.” To further explain environmental justice, Kim introduced a two-axis approach that provided for fair treatment and meaningful involvement in which the mutual needs of the importer and exporter countries are met. “Because environmental justice is a human right, it can be regarded as a goal of the entire human race… rich countries should not externalize their pollution treatment cost to poorer neighbors through imports.” said Kim.

Yet, due to the economic benefits of the trans-boundary movement of hazardous waste to both developed and developing countries, the problem continues. As Kim pointed out, the cost-benefit analysis to a developed country for exporting its hazardous waste in lieu of facing strict domestic regulations is too tempting. Likewise, this business creates many jobs for laborers and farmers in the developing country who have been hit by high unemployment and poverty rates.

To illustrate his point, Kim presented the case study of Taizhou, China, a small port industrial city whose e-waste intake skyrocketed over ten years from 10,000 tons in 1992 to 1,500,000 tons at the end of 2004. Upon import, the waste is handled by thousands of workers hired to extract bullion from the discarded electronics. “In addition to pollution and the frequency of injury among workers, the e-waste business is stripping countries of their domestic jobs and thwarting the development of environment-friendly technology,” he said.

To close, Kim proposed a World Environmental Organization (WEO). “The WEO could push for comprehensive regimes or governance to deal with trans-boundary hazardous waste, air pollution, water pollution, and climate change problems,” Kim explained. Among the possible benefits of the WEO would be identifying gaps in existing overage of international environmental problems and bridging interactions between international trade agreements to implement reforms. “The question of how to get worldwide participation is a difficult one… but we must begin to work towards a solution.”

3 Weeks on International Humanitarian Law… Go!

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A few weeks ago, staffer Julia Foresman caught up with 2L Pat McNally to discuss his winter term project in Amman, Jordan researching the relationship between sharia and international humanitarian law. After working with Program on Humanitarian Policy and Conflict Research here at HLS last year, Pat became interested in how humanitarian law is disseminated around the world.

We hope to track Pat’s story, as well as that of other students abroad for winter term, through January… so check back!

Pat McNally: (5:42)

Crime-fighting, Wall Street style

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In an era where the financial world is rife with corporate scandal, the demand for attorneys who specialize in white-collar litigation is fast on the rise. Recently, the Harvard Association for Law and Business (HALB) hosted a panel of New York-based attorneys who are familiar with this new trend in corporate litigation through their work in investment banking, hedge funds, law firms, and the U.S. attorney’s office.

“The market for white-collar criminal defense is very new,” began Carey Dunne, a partner at Davis Polk & Wardwell and former prosecutor at the Manhattan District Attorney’s Office. “Back when I started in the mid-1980s, very few firms had a white-collar criminal practice and there was no focus on the prosecution of corporations, mainly because the Justice Department didn’t see fit to do so.” This began to change in the mid-1990s in part because of the Uniform Sentencing Laws, which reshaped the view of corporations engaging in criminal behavior. “Thus, as these larger companies have run into such problems as compliance with SEC enforcement, the market for expertise in law firms has changed,” explained Dunne. All the panelists agreed that this new market is unlikely to change regardless of which transgressions are under scrutiny; the recent credit fallout is merely the latest crisis.

“Because of this new white collar focus, the regulating agencies have come into play in a huge way, and thus what it means to be in-house counsel has changed dramatically,” said Pierre Gentin, Managing Director and Head of Litigation at Credit Suisse Securities, LLC. Gentin cited four focal points that he felt banks should reexamine frequently: 1) evaluating the ability to manage the regulatory obligations of SEC agencies; 2) determining whether any litigations brought against the firm involve counterparties or new claims for civil litigation consequences; 3) approaching and dealing with the “ethical minefield” of non-compliant employees; and 4) analyzing the under-discussed impact of the media on company press. “As an in-house attorney, you must manage these risks simultaneously,” said Gentin.

Looks like lots of opportunities for HLS-trained attorneys…!

Advice for Prospective Supreme Court Clerks

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Saw this on the Record’s online page — it’s a write-up of a session where Professor Jeannie Suk ‘02 gave advice to students on the path to a Supreme Court clerkship. Thought it might be of interest.

The Return of Bob Bordone

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Professor Bob Bordone recently returned to speak with us about the Harvard Negotiation and Mediation Clinical Program, of which is Director.

The Harvard Negotiation and Mediation Clinical Program (HNMCP) provides HLS students with practical, real-world experience in the fields of negotiation, dispute resolution, and conflict management, with a particular focus on conflict mapping and dispute systems design. Students in the program are paired with outside organizations, institutions, or individuals who provide projects related to negotiation, dispute resolution, or conflict management.

Bob Bordone: 8:29

Winter Term: A View from the Road

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AIA_ATA Conference

Therese Rohrbeck, 3L, with Dr. Donny George Youkhanna, former Chairman of the State Board of Antiquities and Heritage in Iraq.

With winter term well underway here at HLS, Therese Rohrbeck followed up on her podcast with us from a few weeks ago by sending some intriguing commentary from the road about about her experience researching cultural property so far.

“I had a fabulous time in Chicago during the Archaeological Institute of America/American Philological Association (Joint Annual AIA/APA meeting). I spent January 3-6th volunteering for both SAFE (Saving Antiquities for Everyone) and the AIA itself. I served as a 2008 SAFE Beacon Awards Committee member. My responsibilities included helping to recruit new volunteers for SAFE, selling tickets for both the SAFE Beacon Awards ceremony and SAFE Tour, and attending various lectures on archaeology and the law.’

“The SAFE Beacon Awards ceremony honored both Dr. Neil Brodie and Dr. Donny George Youkhanna for their commitment to the preservation of cultural property. I had the opportunity to network with both gentlemen during the conference. Dr. Neil Brodie formerly served as Research Director of the Illicit Antiquities Research Centre at the McDonald Institute in Cambridge University. He presented ‘Personal Perspectives on the Antiquities Trade,’ urging archaeologists to refrain from publishing on antiquities which lack provenance or find spot information.’

“Dr. Donny George Youkhanna served as Director General of the Iraq Museum from 2003-2005 and then Chairman of the State Board of Antiquities and Heritage in Iraq in 2006. He left Iraq for the safety of himself and his family. During my discussions with Donny, he described to me how he witnessed firsthand the looting and destruction of Iraq’s national museum that followed the collapse of Saddam Hussein’s regime. Since then, he has worked tirelessly to recover thousands of priceless antiquities that have gone missing. Donny has calculated that 15,000 objects were looted from Iraq’s national museum. Only 4,000 objects to date have been recovered and returned. I went on a SAFE Tour with Donny to the Oriental Institute in Chicago through the ancient Mesopotamian galleries (modern day Iraq). He explained to the tour how the Oriental Institute is renowned not just for the scope and quality of the collection, but for the legal, ethical, and scholarly way it was obtained. ‘

“In addition to networking with an amazing group of scholars, attorneys, and activists, I attended several lectures. Some of the lectures included Archaeological Site Preservation: Approaches and Advances, Archaeology and Law, and The Archaeology of Damaged Landscapes. These lectures helped to build communication between archaeologists and lawyers in finding practical solutions to curb the illicit trade in cultural material. The lectures broadened my understanding of how cultural property is illegally removed from archaeological sites and what law is currently in place to aid its return. My goal next year is to present a paper topic at the conference.”

My Classmate in Iraq

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Saw this posted to the main HLS page today on the subject of Jay Munir ‘01 and his foreign service experience in Iraq: Link.

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