May 21, 2009 – A year-long case of the Safe Harbor Project on which six dedicated students worked ended happily this week. The client, a woman from Haiti, had been subjected to terrible abuse at the hands of kidnappers over a nine-day period of captivity. After being in detention for nine months in San Diego, she finally was released and allowed to come to New York to live with her relatives. At that point, Alex Fridman, Melanie Grover, and Leila Hull started working with her to build a case. Although the facts of her case were compelling, a legal theory was elusive. Building on their work, spring semester students Bob Alleman, Emily Allenbach and Hallie Cohen pulled together an extremely well-supported submission that included a country conditions expert affidavit, psychological examination reports, declarations from fact witnesses, and more than 50 exhibits.

Emily, Hallie and Bob performed with great confidence in court (although Emily’s summation was never delivered, since the judge granted at the end of the evidence). Leila and Melanie were in the audience. The ruling brought tears to the eyes of all of the students who had championed our client’s case for so many months.

Prosecutors Clinic: U.S. Attorney, EDNY

April 14, 2009 – In a case that captured a lot of media attention, a bird smuggler from Guyana plead guilty in U.S. Magistrate Court for smuggling finches through J.F.K. Airport by stuffing the little birds, prized for their singing ability, into hair curlers. The case was handled by the BLS student prosecution team of Valerie Morochkovskaya Chianuri, Adam Kalish and Matt Livitis under the supervision of Professor Carolyn Pokorny, Chief, Narcotics/International Narcotics Strike Force at the U.S. Attorney's Office, Eastern District of New York. The students secured a guilty plea, following jury selection, for the offense of lying on a Customs declaration form for failing to declare the birds. See below for press coverage of the case.

March 6, 2009 – The United States Court of Appeals for the Second Circuit upheld the conviction of a passenger who struck a flight attendant, a case that four BLS alumni worked on when they participated in the Federal Prosecution Clinic. In 2007, Ben Moore ’07 and Kate Brooker ’07obtained the trial conviction, and the following year Lauren Davis ’08 and Blake Denton ’08 drafted the brief in United States v. Delis.

The clinic is taught by Carolyn Pokorny, Chief of the Narcotics/International Narcotics Strike Force at the U.S. Attorney’s Office, EDNY.

Unfortunately, the New York Times article about the case, reprinted below, did not mention the alumni, who are nevertheless thrilled with the outcome.

About 90 minutes into an American Airlines flight from Zurich to New York a few years ago, the crew was serving the meals and asking passengers the age-old question: chicken or beef?

Then the bad news came: The crew had run out of chicken.

A passenger became unruly, cursed at a flight attendant and then struck her, the authorities said. The matter escalated into a federal case.

After the plane landed at Kennedy International Airport, the passenger, Pierre Delis of Maryland, was arrested. He was convicted of simple assault and sentenced to time served — the few hours he had spent in jail. He also had to pay $10 in court costs.

Mr. Delis, believing he had been wrongly convicted, appealed. The case moved upward, and what had begun as a simple question — chicken or beef? — evolved into a legal issue that landed in the laps of the esteemed judges of the United States Court of Appeals for the Second Circuit, in Manhattan.

On Thursday, a three-judge appellate panel issued a unanimous ruling: Mr. Delis’s conviction should stand.

There is little dispute about how the altercation aboard Flight 65 began on Sept. 24, 2006: the crew was pushing a food cart toward the rear of the main cabin, handing out entrees. A flight attendant, Louisa Williams-Beauvil, testified that by the time they got to Row 25 or 26, they had run out of chicken.

At Row 37, where Mr. Delis was seated, she said she told him, "I only have beef left."

There is disagreement about what happened next. She says Mr. Delis shouted obscenities at her; he says she misheard him, that all he said was, "O.K., forget it."

"We argued back and forth over chicken and beef," he testified.

According to Ms. Williams-Beauvil’s testimony, Mr. Delis then struck her in the chest, bruising her. He testified that he never meant to hurt her, saying that she had put her finger in his face, and he had pushed her hand away, perhaps inadvertently touching her chest.

Eventually matters calmed, and the flight continued without further incident.

When a federal magistrate judge in Brooklyn, Joan M. Azrack, sentenced Mr. Delis in 2007, a prosecutor told the court that the argument could have escalated dangerously.

"It’s an enclosed space," the prosecutor said. "There’s nowhere to run. There’s no way to call for help. And if it interferes with the operation of the airplane, it could have disastrous consequences." On Thursday, Judge Debra A. Livingston, writing for the appellate panel, rejected Mr. Delis’s claim that the conviction should be overturned because he did not intend to injure the flight attendant.

The panel, which also included Judges Joseph M. McLaughlin and Guido Calabresi, held that his conviction did not require a finding that he had intended to injure her.

Mr. Delis could not be reached by phone for comment. His trial lawyer, Florian Miedel, said Mr. Delis appealed because he felt the crew overreacted when he tried to move the flight attendant’s hand out of his face. "Our argument was that ‘pushing away’ is not criminal conduct," Mr. Miedel said.

"He just felt so utterly wronged," Mr. Miedel added. "He wanted to fight it to the bitter end."

Safe Harbor Project

April 26, 2009 -- Congratulations to Elizabeth Retter, Fareed Elcott and Tracy Feng and their Sudanese client for obtaining a grant of asylum and withholding of removal in immigration court on Tuesday. The students put together a fantastic evidentiary package filled with witness declarations which led to a shortened hearing in immigration court before Immigration Judge Margaret McManus, a BLS alum. The government lawyer, who is a BLS/Safe Harbor alum, appeared largely convinced by the claim on paper and was amenable to many stipulations. Our client was extremely well prepared and performed flawlessly, guided by skilled questioning from Tracy. Elizabeth ably prepared witnesses and Fareed gave a moving closing.

Congratulations are also due to Kalenna Lee, Minnie Yuen and Kyle Marler and their Ecuadoran client for obtaining a grant of withholding of removal in Immigration Court on Thursday. The team’s work was praised by the judge and the evidence provided left no doubt in the judge’s mind that their client was more likely than not to be harmed if he returned to his home country. The team worked particularly hard to prepare an emotionally fragile client and the preparation paid off. Kalenna and Minnie performed.

Feb. 2009 -- This semester, we had two student teams representing clients from Chad. The first asylum grant was awarded to a young student at Lehman College who discovered the tragic news that the male family members of his had been taken away by the secret police in Chad, and his mother and sisters had been raped and beaten. The atrocities occurred during the Battle of N’Djamena, when the Deby government arbitrarily retaliated against everyone from the same ethnic group as the defeated rebels. He finally learned that his mother and sisters were in Cameroon. A year later, they are still refugees, while his father and brothers have disappeared. Happily, he received asylum and can at least count on the U.S. for refuge for himself. His case was masterfully handled by Becky Wasserman, Christina Tung and Todd Batson. The client has some peace of mind for the first time in a year.

Jan. 2009 -- Congratulations to Erica D’Angelo, Nait Patel and Mat Varghese for helping their client, a Tibetan monk, obtain a recommended approval for his asylum application. The client was driven out of his monastery, placed under extended surveillance and escaped secretly from Tibet. Erica, Nait and Mat constructed an extensive documentary package, wrote an effective brief, and prepared their client for testimony at the asylum office, all under the supervision of Professor Dan Smulian. We expect their client’s grant of asylum to be final soon.

November 2008 -- The Safe Harbor Project successfully represented an asylum seeker from Indonesia who, as an ethnic Chinese-Christian, had grown up in an environment of intimidation and brutality. Immediately before his flight from the country, he had been threatened at machete-point by thugs who were breaking up religious services at his church. This victory was particularly rewarding because the government takes the position there is no longer a pattern and practice of such persecution in Indonesia. The students’ amazing work in gathering evidence and expert affidavits blew this position away!

Jared Watkins ’09, Claire Nicolay ’08 and Elizabeth Xu ’08 started working on the case last January. After Claire and Elizabeth graduated, Oliver Olsen ’09 and Cindy Siessel ’09 assisted on the case. Jared’s eloquent summation capped off a terrific direct examination of two witnesses. This case reflects the enduring client commitment of so many clinic students.

Community Development Clinic

November 2008 -- The Community Development Clinic has been representing these diverse groups:

Coney Island Generation Gap
This client is a community-based organization that works to help individuals develop work skills and engage in community-building. The Clinic applied for a determination of this client’s tax exempt status, revised its by-laws, and advised its board members regarding their duties as directors of a not-for-profit organization.

Cooper Park Residents Council, Inc.
This public housing tenants association is located in Williamsburg. The Clinic revised this client’s bylaws and prepared its application for a determination of tax-exempt status.

David P. France Dance Company, Inc.
The Clinic incorporated this client, drafted its by-laws and applied for a determination of its tax-exempt status. The Clinic also counseled the client on translating its creative vision into an operational program.

Friends of Dean Playground
This client is a neighborhood organization formed to advocate for and provide community oversight over Dean Playground located in Prospect Heights, Brooklyn. The Clinic drafted by-laws, applied for a determination of tax-exempt status and solicited support for that application from local government officials.

Gateway to Gov., Inc.
This client is a 501(c)(3) tax exempt entity that operates a "good government" website to better inform the public about politics. Students, working with the BLIP Clinic, drafted a fiscal sponsorship agreement for Gateway to sponsor the Open Forum Foundation, a new entity that shares many of the same goals as Gateway. The Open Forum Foundation does not yet have 501(c)(3) status and wishes to use the tax exempt status of the sponsor, Gateway, in its early operations.

Gowanus Canal Conservancy
This client is a not-for-profit organization devoted to cleaning up and restoring the Gowanus Canal. The Clinic responded to inquiries from the IRS regarding this client’s application for a determination of its tax-exempt status. The IRS ultimately issued that determination.

Neighbors Helping Neighbors
This client helps low- and moderate-income Brooklyn residents to secure quality housing and build financial assets. Our team counseled the client on federal, state and city lobbying restrictions and advised the client on how these laws would impact its operations.

New York Asian Women's Center
This client provides services to victims of domestic violence. The Clinic is advising this client regarding whether its counselors have a privilege comparable to the doctor-patient or attorney-client privilege. The Clinic is also advising this client regarding the possible creation of an affiliated foundation and the restructuring of its operations.

Shoot Hoops Not Guns Basketball Association
This client operates a substantial youth basketball league in Crown Heights. The Clinic filed this client’s application for a determination of tax exempt status.

South Brooklyn Youth Consortium This client is an umbrella organization, funded by a federal Communities Empowering Youth Grant, which provides capacity-building services to a collection of faith-based and community-based organizations operating throughout Coney Island. We counseled this client regarding the structuring of fiscal sponsorship agreements among nine affiliated neighborhood organizations.

Sunnyside Community Supported Agriculture (CSA)
This client is a food cooperative that provides locally grown foods to western Queens residents, promotes environmental sustainability in agriculture, and subsidizes the cost of fresh produce and seasonal vegetables for low-income residents of the community. The Clinic drafted this client’s certificate of incorporation and bylaws as well as its application for a determination of tax exempt status.

The Learning about Multimedia Project (The LAMP)
The LAMP promotes media literacy among children, parents and other New York City residents. The Clinic has assisted this client with developing a Terms of Use Agreement for their YouTube Channel and with other copyright protection issues.

The Toy Museum of New York (formerly Doll and Toy Museum of New York City)
The Clinic helped this client change its name by completing the proper filings with the NYS Department of Education. The Clinic also investigated the feasibility of trademarking the museum’s new logo.

Theology and Peace
This client is a religiously-affiliated not-for-profit membership corporation. The Clinic represented this client on a variety of corporate matters, including the unique incorporation and tax issues related to religious organization. The Clinic also drafted the certificate of incorporation along with appropriate Department of Education consents; prepared by-laws, drafted its application for a determination of its tax-exempt status, and prepared the agenda for, and participated in, the client’s organizational meeting.

Clinic Students’ Petition Challenging Georgia’s Review of Death Sentences Persuades Supreme Court Justice, But the Case Will not be Heard by High Court

October 2008 -- It was with very mixed emotions that students in the Capital Defender and Federal Habeas Clinic learned the surprising news on October 20th that a certiorari petition they had filed in the capital case Walker v. Georgia had prompted written opinions by two Supreme Court justices. Bethany Jones ’09, who worked on the petition, said: "After reading through the Justices’ statements, reality sunk in as I realized how close we came to giving our defendant a chance to be heard in the Supreme Court."
Read more.

Victory for Investor Rights Clinic, with Some Surprise Extras

June 2008 -- Professor Karen van Ingen reported an unusual success story for the Investor Rights Clinic (formerly the Securities Arbitration Clinic) in the case of an elderly woman who received a monetary settlement from a personal injury suit. She invested the money through a broker, intending it to eventually provide for her retirement, but the investment soon plummeted in value.

The IRC students filed a statement of claim for her alleging unsuitable investment advice, failure to supervise the broker and unauthorized trades. She was awarded over 90 percent of her requested damages.

Beyond that, she was also awarded interest on her damages -- not just from the date of the award -- but from 2004. "This is unprecedented in the clinic’s history," Professor van Ingen said.

And for good measure, the arbitrator required the respondents to pay the filing fee. "This reflects the arbitrator’s positive reaction to the quality of the students' advocacy," the professor said.

The students who worked on the case were principally Kat Reznik ’08 and Peter Kessler ’08, with intake by last summer's intern Nabeel Haque ’08. "The client is ‘over the moon,’ as she puts it," Professor Van Ingen added.

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• Housing Conservation Coordinators (a not-for-profit organization in the Clinton section of Manhattan)
• Urban Justice Center (a city-wide not-for-profit organization with a community development unit)
• Urban Homesteading Assistance Board (a city-wide not-for-profit organization which develops low-income cooperatives)
• New York State Attorney General's Real Estate Financing Bureau (the government office responsible for reviewing and approving cooperative and condominium conversions) and
• New York City Department of Housing Preservation and Development (the city agency responsible for developing low-income housing).

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• Professor Jonathon Askin has joined BLS to create and teach the BL-IP clinic.
• Professor Minna Kotkin was on sabbatical in Cape Town, South Africa (following in the tradition of Professor Ursula Bentele).
• BLS was well represented at the annual AALS Clinical Teachers Conference. Professors David Reiss and Debbie Bechtel presented a panel on "Social Justice Lawyering and Community Needs: Opportunities and Barriers in the Clinical Setting." Professor Dan Smulian led a session on "Taking Risks and the Specter of Loss."
• Professor Debra Bechtel was promoted to Associate Professor of Clinical Law in January of 2008. She has an article in the forthcoming spring issue of the ABA Affordable Housing Journal entitled "Forming Entities to Negotiate Community Benefits Agreements." She is the co-chair of the New York State Bar Co-op and Condo Committee’s Subcommittee on Affordable Housing.
• Professor Smulian also was voted SBA Professor of the Year, the first time a clinical faculty member won this award.
• This year, two new adjunct faculty taught the externship seminars. BLS’s very own Magistrate Judge Ramon Reyes (EDNY) taught a section of the Judicial EXternship Clinic and Glen Magpantay of the Asian American Legal Defense Fund taught the individual rights section of the Civil Practice Clinic.

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