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October 2007 Archives

October 2, 2007

All We Need Is Just A Little Patents...

Interested in patents?  Come hear Jennifer Yeh speak on Thursday, October 4 at 12:30 in the Rich Room.  Ms. Yeh is a patent attorney and Director of the BAR/BRI Patent Bar Exam.  She will tell you everything you need to know about the Patent Bar Exam and how to pass the first time.  Don't miss this great opportunity!

Still not convinced?  Two words:  FREE PIZZA!

Mid-Autumn Festival Party THIS FRIDAY

On October 5, the Taiwanese Student Association and Chinese Students will co-host the Mid-Autumn Festival Party.  The party will begin at 6:00 in the Jury Box.  The Mid-Autumn Festival is tradionally celebrated on the 15th day of the 8th month of the lunar calendar.  It commemorates the year's abundant harvest and remains one of the most important Chinese festivals.  Family and friends gather together to enjoy moon cakes and the beauty of the full moon- an auspicious symbol of fruition, harmony, and luck. 

So come celebrate the Mid-Autumn Festival and enjoy some delicious moon cakes, Chinese food, Chinese tea, and nonalcholic drinks. 

This event is sponsored by the Student Bar Association (SBA).

October 4, 2007

Dean Hutson on the hazards of brutal interrogations

In today's New York Times story on the Bush Administration's secret endorsement of "severe interrogation techniques"  or in the words of its critics, "torture" -- Dean Hutson gets the final word. The Times reports: 

...soon after Alberto R. Gonzales’s arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. It was a very different document, according to officials briefed on it, an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.

The new opinion, the officials said, for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures.

Mr. Gonzales approved the legal memorandum on “combined effects” over the objections of James B. Comey, the deputy attorney general, who was leaving his job after bruising clashes with the White House. Disagreeing with what he viewed as the opinion’s overreaching legal reasoning, Mr. Comey told colleagues at the department that they would all be “ashamed” when the world eventually learned of it.

The article concludes with Dean Hutson's observation:

John D. Hutson, who served as the Navy’s top lawyer from 1997 to 2000, said he believed that the existence of legal opinions justifying abusive treatment is pernicious, potentially blurring the rules for Americans handling prisoners.

“I know from the military that if you tell someone they can do a little of this for the country’s good, some people will do a lot of it for the country’s better,” Mr. Hutson said. Like other military lawyers, he also fears that official American acceptance of such treatment could endanger Americans in the future.

“The problem is, once you’ve got a legal opinion that says such a technique is O.K., what happens when one of our people is captured and they do it to him? How do we protest then?” he asked.

 

Women's Law Student Association meeting Friday, 10/5

The Women's Law Student Association will hold its first general body meeting on Friday October 5th at 12:30pm in Room 201. 

Dean Hutson in the Wall Street Journal on Military Commissions

Dean Hutson also appeared in the Wall Street Journal today with this letter to the editor: 

Military Commissions Fail

One wonders why at this late date we don't just let terrorism cases at Guantanamo Bay go to Federal District Court ("Dispute Stymies Guantanamo Terror Trials," Politics & Economics, Sept. 26). I was an early and ardent supporter of military commissions. However, we obviously can't make them work so we should just give it up as a noble, but ultimately failed, effort. Rather than showcasing the best judicial system in the world, we are a laughing stock, or we would be if it weren't so unfunny.

John D. Hutson
Dean and President
Franklin Pierce Law Center
Concord, N.H.

(Mr. Hutson was judge advocate general of the U.S. Navy from 1997-2000.)

 

Next Week @ Pierce Law, October 7-13

Next Week at Pierce Law

Sunday, October 7

George Mason, author of the Virginia Declaration of Rights (precursor of the Bill of Rights), died on this day in 1792. Mason also happens to be the great-great-great-great-great-great-great-great grandfather of Paris Hilton. No joke.

Birthdays today include Desmond Tutu, Oliver North, John Cougar Mellencamp, Yo-yo Ma, and Radiohead's Thom Yorke.

 

Monday, October 8

Welcome prospective students! Admissions is hosting an Open House today starting at 9:00 a.m.

12:00 noon, Room 200 - Join the Public Interest Coalition for a pizza lunch to learn about future PIC events including: Bruce Friedman Community Service Day (October 27); November tour of the NH State Prison; annual PIC auction (March 20); and PIC fellowships.

Taking a brief respite from recruiting, both Katie McDonald and Barbara Wilson will be in the Admissions Office together for the first time in weeks. Will they recognize one another?

On this day in 1869, New Hampshire's Franklin Pierce, the 14th president of the United States, died in Concord, N.H., at age 64. An alcoholic, Pierce succumbed to cirrhosis of the liver -- "chronic inflammation of the stomach, attended with dropsical effusion of the abdomen" in the words of the day. Read his obituary.

It's Columbus Day! School's open, of course.

 

Tuesday, October 9

5:30 p.m., Rich Room - Greg Lukianoff, President of the Foundation for Individual Rights in Education (FIRE) will talk about the conflict between speech and conduct codes at centers of higher learning and a student's right to free speech. Pizza and drinks will be served. Presented by the Pierce Law chapter of the American Constitution Society.

The dynamic duo of Denise Presby and Lynn Froleiks will recruit for Pierce Law at UNH's Graduate and Professional School Fair.

David Souter of New Hampshire was sworn in as an associate justice of the U.S. Supreme Court on this day in 1990. 

 

Wednesday, October 10

Learn about Externships. 12:00 noon in the Rich Room. Professor Ellen Musinsky will present an overview of the program and students will talk about their experience while on externship. Lunch will be served!

7:00 p.m. Professor Emeritus Richard A. Hesse will present a program on free speech at the Derry Public Library.

Katie McDonald returns to the Midwest to attend the University of Minnesota, Twin Cities Law Fair. Meanwhile, Barbara Wilson visits Colby College in Waterville, Maine to attend their law fair. 

It's World Mental Health Day.

 

Thursday, October 11

Be loud. Be proud. Talk about it. It's National Coming Out Day.

12:00 noon, Room 203 - Scholar in Residence Stanley Kowalski will speak about golden rice in a presentation entitled "Intellectual Property and the Global Public Interest: Challenges and Opportunities." RSVP to the Social Justice Institute for lunch.

Bates College in Lewiston, Maine and Bowdoin College in Brunswick host law fairs.  Barbara Wilson will represent Pierce Law Center. Denise Presby recruits in Waltham, MA at Brandeis University's Graduate and Professional Schools Fair.

 

Friday, October 12

Dean John D. Hutson, Associate Dean Susan Richey and Assistant Dean for Student Services Fran Canning will meet with student organization leaders at 12:00 noon in room 201. The discussion will focus on making sure the school's students organizations are getting what they need to be successful and to talk about ways the administration can help further their missions.

 

Saturday, October 13

What will you do to clean up the world this weekend? When 35 million volunteers around the planet take part in the annual United Nations-backed “Clean Up the World Weekend” today and Sunday, their activities will for the first time also break into cyberspace with photos and videos posted onto Google Maps, giving a global platform to every local initiative.

 

Also...

Don't forget the Mid-Autumn Festival! 6:00 p.m. in the Jury Box tonight (Friday 10/5). Free Chinese food, Chinese tea, Chinese moon cakes, and nonalcoholic drinks. Some traditional souvenirs will be given out as rewards. Every member of the Pierce Law Community is welcome!

Sunny Mulligan reports the latest New Hampshire bar results: For the July 2007 bar we had an 83% passage rate... 36 students sat, 30 passed, 6 failed. Overall in New Hampshire, 139 sat, 113 passed, 26 failed" for an overall state pass rate for this bar of 81%.

 

Got news for Next Week @ Pierce Law, October 14th to 20th? Send your events and notices to jmccrory@piercelaw.edu no later than 3 p.m. on Thursday. NW@PL is produced by the Pierce Law Communications Office and distributed to faculty, staff, and students towards the end of each week. 

October 5, 2007

Imagine this...

    It's December and classes are winding down.  The reality of finals has finally hit like a Pedro Martinez fastball from 1999.  So you study, outline, meticulously prepare, and what have you.  You go to bed the night before the exam feeling a bit queasier than normal, you're freaking out about the test and you may have just spent $200 on some infomercial product (perhaps the Magic Bullet or Ron Popeil's latest invention) but you're not sure what you're doing from all the stress.  You wake up the morning of the test and feel sick to your stomache.  Your head's pounding and you start to sneeze, covering your precious outline in thick nose mucous. 

    No, you're not hungover, sick from stress, or suffering from side affects caused from a coffee overdose.

    You've got the flu.

    How could this happen?  How could this have been prevented?

    From 2:00 pm to 4:00 pm on October 30, 2007 in Room 102 of the Franklin Pierce Law Center, you and any relative aged four or older can get your very own flu shot for the small fee of $25.00.  Contact the Bursar, Sue Ahern, in the Business Office for more details and to RSVP so a count can be taken to ensure enough flu shots for all.

Albany Times Union highlights Dean Hutson

The Albany Times Union's lead editorial today on the secret opinions highlights Dean Hutson's concluding observation from yesterday's New York Times article:

Denials aren't enough

So the United States doesn't torture people, does it?

Now that's a quaint thought, to use a favorite word of former Attorney General Alberto Gonzales, who apparently approved, yes, torture.

The New York Times reported on Thursday, and in extensive detail, about how the Justice Department secretly authorized such physical and painful tactics against terrorism suspects as simulated drownings and freezing temperatures. Torture, in a word.

....

[T]he government... seemingly is ill-prepared to consider this scenario, raised by John D. Hutson, formerly the Navy's top lawyer.

"The problem is, once you've got a legal opinion that says such a technique is OK, what happens when one of our people is captured and they do it to him?" Mr. Hutson asks. "How do we protest then?"

You may read the editorial in its entireity. The Decatur (Ala.) Daily also has an editorial today quoting the Dean on this issue.

 

 

 

Congratulations Dean Chemerinsky

Catching up with the recent hired-not hired-yes you're hired drama of Erwin Chemerinsky's appointment as Dean of the country's newest law school at the University of California-Irvine, we thought in might interest you to read Prof. Chemerinsky's 2004 Pierce Law Review article on the "Rehnquist Revolution" in which he critiques the Rehnquist court's limitations of Congressional power in favor of state governments and, as is perhaps more apparent in 2007 than when he wrote this article, the Executive Branch:

A doctrine derived from the premise, “the King can do no wrong,” deserves no place in American law. The United States was founded on a rejection of a monarchy and of royal prerogatives. American government is based on the fundamental recognition that the government and government officials can do wrong and must be held accountable. Sovereign Immunity undermines that basic notion.

Sovereign Immunity is inconsistent with the United States Constitution. Nowhere does the document mention, or even imply, that governments have complete immunity to suit. Sovereign Immunity is a doctrine based on a common law principle borrowed from the English common law. However, Article VI of the Constitution states that the Constitution should prevail over claims of Sovereign Immunity. Yet, Sovereign Immunity, a common law doctrine, trumps even the United States Constitution and bars suits against government entities, when they violate the Constitution and federal laws.

Sovereign Immunity is inconsistent with a central maxim of American government: that no one, not even the government, is above the law. The effect of Sovereign Immunity is to place the government above the law. It ensures that some individuals who have suffered egregious harms will be unable to receive redress for their injuries.
Chemerinsky's conclusion: "The Rehnquist Court’s federalism revival is profoundly misguided because it denies the federal government needed authority to achieve important social objectives, especially advancing freedom and equality."

 

 

October 7, 2007

Computer Services password policy change

On Monday, October 15, between 7 a.m. and 7:30 a.m., we will be abandoning our current 2-password system (wherein e-mail and network passwords are different) in favor of a unified password system. At said time, your network password will reign supreme and be used for both network and e-Mail access (amongst other things), while your GroupWise password will simply vanish into the ether.
 
Once this change takes effect, you will be able to change your password in any of three ways: On any school-provided computer; through the GroupWise client; or through our GroupWise WebAccess portal. When it is time for your 90-day password change, any of these three mechanisms will automatically ask you to change to your password.
 
Please be aware that our passwords require at least 6 characters (no more than 20) with at least one numeral, and no more than 2 consecutively-repeating values. Because of this change, capital letters are no longer required.
 
Sorry third-party e-mail client users, there is no other way for you to change your password. However, everyone should receive e-mail notifications about their impending password expiration 7, 2, and 1 days before it actually expires. If you use a third-party e-mail client and your password has expired, you will have no choice but to use one of the aforementioned mechanisms to change it or else your access will eventually be cut off.
 
If you have any questions or concerns, please do not hesitate to contact us.
 
Computer Services,
Marc and Paul

October 9, 2007

Lights, Camera, Action....

theater masksLaw school is all about case briefs and outlines, right? WRONG! FPLC has dozens of organizations that offer students the opportunity to learn about the legal profession, serve the community, meet new people, and HAVE FUN!  Throughout the semester, the Reporter will be spotlighting various organizations to let you know who they are, what they do, and why YOU should check it out.

 This week, we look at the Entertainment Law Society.  The purpose of the Entertainment Law Society is to promote an understanding and appreciation of the legal  structure of the motion picture, music, and theatrical industries. The Entertainment Law Society intends to familiarize law students with the intellectual property rights and contractual relationships between the media producers, distributors, and authors of these industries as well as the deal making and advising aspects of practice in the greater entertainment field. The Entertainment Law Society aims to accomplish this by sponsoring extracurricular programs such as guest lectures from experts in entertainment law, career planning seminars to aid students entering this field, and forums for interaction and communication between current students, faculty, and alumni from various backgrounds in intellectual property law.

For more information or to join: entertainment@piercelaw.edu
 

October 14, 2007

First Lambda Meeting

Lambda is having its first school-wide meeting on Thursday, October 18th at Noon in room 202. Please stop by and see what we are all about and all of the fun activities we have planed for this year. There will be snacks and drinks.

Lambda is committed to promoting diversity, tolerance, and acceptance for all throughout Pierce Law and the surrounding community. People of all age, race, nationality, religion, gender, and sexual orientation are welcome!

October is also LGBT History Month.  For more information on Lambda or LGBT History, email lambda@piercelaw.edu.

October 15, 2007

Next Week at Pierce Law, October 14-20

Next Week @ Pierce Law
 

Sunday, October 14

Professor Karl F. Jorda will attend the 2007 Annual Meeting of the Licensing Executives Society (LES) in Vancouver, Canada, today through Wednesday.

Monday, October 15

Dean John D. Hutson will be speaking at the Human Rights First Annual Dinner in New York City tonight as a distinguished guest. The event will be attended by 900-1000 invited guests and major donors to Human Rights First. This year's Human Rights First Award honors Iranian women's rights advocate Fariba Davoodi Mohajer. Dean Hutson is being recognized along with a group of more than forty retired generals and admirals "who are deeply concerned about U.S. policies that sanction torture and dishonor the values that American servicemembers fight to protect." The evening recognizes "the leadership of these extraordinary men and women whose commitment to human rights is grounded in the principles on which this country was founded." Others on the agenda include Sigorney Weaver, Meredith Viera, and Tom Waterston. 
 

Tuesday, October 16

Dean Hutson will give the annual State of the School address at 12:00 noon in the Rich Room.
 
Professor John Garvey will speak on developments in comparative negligence and contribution law in New Hampshire at the New Hampshire Trial Lawyers CLE in Bedford, NH.
 
Professor Richard A. Hesse will be speaking on Ray Bradbury's book Fahrenheit 451 at 7:00 p.m. at the Richards Public Library in Newport.
 

Wednesday, October 17

Judy Gire, Cindy Landau, and Kathy Fletcher of the Pierce Law Library will be attending the Northeast Regional Law Libraries meeting in Toronto, "Libraries Without Borders II."  The meeting will provide "a diverse and challenging program of over 40 sessions is being planned around the theme in all its senses -- the internationalization of law, the globalization of legal practice, and the role of libraries and librarians in an ever-changing world of information that recognizes no borders." Through Saturday.
 
Today is the deadline for signing up for the Social Justice Institute's prison tour on November 7th. Give Megan De Vorsey your name and date of birth to register.
 
As part of Concord Reads: Nickeled and Dimed, the Concord Public Library holds a panel discussion panel discussion on the issues facing both employers and low-income workers in New Hampshire, featuring Gary Hirshberg, CEO of Stonyfield Farm; Maureen Beauregard, President of Families in Transition; and Rosemary Heard, President of CATCH. The event will be moderated by Professor John P. Resch, who will ask questions of the panelists to provide different perspectives on the same issues, and also facilitate participation by audience members. 7:00 p.m in the Concord Public Library Auditorium.
 

Thursday, October 18

The Lambda Student Organization holds its first general meeting at 12:00 noon in room 205. 
 
Cecie Hartigan will discuss the new Lawyer's Assistance Program in NH and the confidential help it can provide for lawyers and law students. 12:00 noon in Room 200. Sponsored by the Daniel Webster Scholar Honors Program. 
 
SIPLA board meeting 12:00 noon in Room 202. 
 
Faculty Meeting, at 1:00 p.m. in Room 200.
 
The American Intellectual Property Law Association (AIPLA) annual meeting begins today in Washington D.C. and lasts through Saturday. A large delegation from Pierce Law will attend.
 
Ann McCrackin will speak at AIPLA on "The LabCorp Dissent & the Federal Circuit's Patent Eligibility Decisions" as part of a 3-hour panel on patentable subject matter. Her fellow panelists include Chief Judge Paul Michel, Steve Kunin, and US Patent Office Representatives.  
 

Friday, October 19

At 12:10 in Room 227, the J. Reuben Clark Law Society will be hosting a short video presentation on "Rainmaking." Doughnuts will be provided and students are encouraged to bring their lunch.
 
Alumni reception in Washington DC in association with the AIPLA annual meeting. Faculty and staff attending include Dean Hutson, Tom Field, Ann McCrackin, Karl Jorda, Marcus Hurn, Laura Chaney, Gayle Mazalewski and Sharon Callahan. 5:00 p.m. at LeftBank bistro and lounge.
 
On this day in 1789, John Jay was sworn in as the first Chief Justice of the U.S. Supreme Court. 
 
 
 
Got news for the next Next Week @ Pierce Law? Send your events and notices to jmccrory@piercelaw.edu no later than 3 p.m. on Wednesday of the preceding week. NW@PL is produced by the Pierce Law Communications Office and distributed to faculty, staff, and students towards the end of each week.

Dean Hutson on whether private security contractors are unlawful combatants

Julian Barnes writes in this morning's Los Angeles Times on the evolving issue of the use of private security contractors in Iraq and Afghanistan, turning to Dean Hutson for his expertise: 

America's Own Unlawful Combatants?

Using private guards in Iraq could expose the U.S. to accusations of treaty violations, some experts think.

by Julian E. Barnes, Los Angeles Times 

As the Bush administration deals with the fallout from the recent killings of civilians by private security firms in Iraq, some officials are asking whether the contractors could be considered unlawful combatants under international agreements.

The question is an outgrowth of federal reviews of the shootings, in part because the U.S. officials want to determine whether the administration could be accused of treaty violations that could fuel an international outcry.

But the issue also holds practical and political implications for the administration's war effort and the image of the U.S. abroad.

If U.S. officials conclude that the use of guards is a potential violation, they may have to limit guards' tasks in war zones, which could leave more work for the already overstretched military.

... 

John Hutson, a former top Navy lawyer, said he did not consider contractors to be unlawful combatants.

But that will be a difficult argument for U.S. officials to make, he emphasized.

"We are going to be hard-pressed to draw a distinction between the guys in Blackwater carrying automatic weapons and the bad guys setting bombs along the side of the road," said Hutson, now dean of Franklin Pierce Law Center in New Hampshire.


U.S. officials have described many of the suspected Al Qaeda and Taliban affiliates it holds at Guantanamo Bay as unlawful combatants either for taking part in hostilities against the United States or by supporting the hostilities while not part of a nation's military.

By that standard, some of the private guards in Iraq and Afghanistan also could be seen as unlawful combatants, particularly if they have taken offensive action against unarmed civilians, experts said.

Read this story in its original context on the Los Angeles Times web site.

 

October 16, 2007

As School Prepares for ABA, Dean Addresses Students and Faculty

With over 50 students and faculty in attendance, Dean John D. Hutson gave his State of the School Address in the Rich Room on Tuesday. 

Dean Hutson began by explaining the details of the American Bar Assocation visit, which will take place from October 22-24.  Every seven years, the ABA visits accredited law schools to ensure they are complying with accreditation standards.  "We want to be honest with the ABA, but we also want to put our best foot forward," Hutson said, noting that the school has addressed many of the issues that the ABA brought up from their last visit in in 2000, including increasing library space, strengthening attendance policies, and ensuring JD students are not bumped out of classes by graduate students. 

The biggest issue that Hutson expects the ABA to bring up next week is weaknesses in the strategic plan, which he admits does "not reach far enough" to implement new ideas.  Hutson also said that an ABA staff member will be in classes on Monday and Tuesday, and students are encouraged to interact with them.

Hutson also gave a facility update, specifically addressing the construction on the third floor.  Hutson admitted that the $2.5 million project has been an inconvenience to the campus, but he is excited for the finished product.  "I appreciate your patience," Hutson said, "The school will be a lot better as a result."  Hutson expects the project to be completed by Thanksgiving. 

Hutson is also excited for admissions season.  After a significant drop in applications last year, he is optimistic that this year's applicant pool will be strong.  "There was a drop in applications across the country," Hutson said, "But we kept our standards high and this year's 1L class is great."  Hutson believes a revamped web site, which will be launched by the spring, is critical to improve the school's marketability to applicants.

Hutson also addressed the school's "vigorous" pursuit to join the American Association of Law Schools.  Pierce Law has resisted joining the organization, but Hutson believes membership will allow the school to reach out to a broader audience.  "Its easy to think that we are a quiet, little law school in Concord, New Hampshire, but it is a big world and it is important that we play in it."  Hutson also believes AALS membership will make other law professors and administrators better aware of the unique education Pierce Law offers its students, which will improve the school's reputation.

October 18, 2007

J. Reuben Clark Law Society to Show "Rainmaking" Movie on Friday

The J. Reuben Clark Law Society will be showing a short movie on "Rainmaking."  "Rainmaking" is a marketing strategy for bringing in new clients to a firm.  Learn about this important skill and how its shaping the legal profession!  

What:        Short video presentation on Rainmaking (presented by the J. Reuben Clark Law Society and the SBA)

Date:         Friday, Oct. 19th

Time:        12:10 p.m.

Where:      Room 227

Duration:   30-40 minutes

Why:         To inform students about "Rainmaking," a.k.a. how to bring in new clients to your firm

Why else:  Doughnuts, milk, and juice will be provided for those in attendance (in order to wash down your lunch) 
 

"Productivity is up 2%, and it's all because of my motivational techniques -- like doughnuts and the possibility of more doughnuts to come."  -Homer Simpson

 

Dean Hutson testifies before the Senate Judiciary Committee

Dean Hutson is in Washington, D.C. today as an invited panelist at the hearings on the nomination of Judge Michael B. Mukasey to be the next Attorney General of the United States. The dean is in rare company as one of just six invited panelists, including former Attorney General Dick Thornburgh and former U.S. Attorney Mary Jo White. 

He provided us with a copy of his written testimony, in which he says,

Law isn’t practiced in a vacuum, it is practiced in real life and while good lawyers know the law, great lawyers know about life. That’s a quality we need in our next Attorney General. The job description should call for a wise counselor, not just a clever lawyer.

...

The next Attorney General must be capable of recognizing a legal problem, step back from it and analyze it in the context of real life and understand the non-legal consequences of his advice. One might think, “What a clever lawyer. He defined “torture” so narrowly and the defenses to torture so broadly that we can never be found guilty. He has done a great service to the Nation.” One would be dead wrong. We have seen the consequences of that sort of twisted legal analysis and we must never repeat it.

You can read Dean Hutson's complete prepared testimony on our web site, and tune in to the Senate Judiciary Committee hearing through the live web cast available on its web site. We expect Dean Hutson's testimony will occur this afternoon.

 

On the Stand: Meet Alberto Interian III

This post is the first of a new regular series, On the Stand, in which we will profile members of the Pierce Law Community. The series will primarily feature students but will include some staff and faculty.--Ed.

Alberto Interian III, a student in the second year of the JD program, came to Pierce Law with an undergraduate degree in mechanical engineering. The eldest of eight siblings Alberto was born in Miami, Florida, where his parents settled after coming to the U.S. from Cuba in the 1960s in search of political freedom.

He could not have pointed out New Hampshire on a map when he first heard of the school, Alberto says, but was convinced to apply after learning about the great IP program. “Having never lived very far from my home in Miami, I thought it would be an interesting experience to live in a small town in a different part of the country.”

He also thought being in New Hampshire would mean fewer distractions, making it a good place to pursue the rigors of law school. But, there are so many nice things to do right here in his new backyard, he says, that sometimes he finds it hard to confine himself to a chair for several hours a day.

At all times of year, New Hampshire will tempt anyone who loves the outdoors with many opportunities to be immersed in nature. Alberto loves to go for walks in the woods, swim in local lakes and rivers, and when it starts to snow, glade ski at local mountains. He insists he is still a city boy at heart, and loves to go out dancing, so he occasionally makes the hour-long trip to Boston to hit the dance clubs.

He also is very active at the Vrinda Center of New Hampshire, a Vaishnava temple on South Main Street in downtown Concord. (Vaishnavism is a branch of Hinduism.) Alberto helps lead several programs throughout the week, including vegetarian cooking classes, meditation and yoga classes, philosophical discussions, and Kirtan, a type of meditation which takes the form of chanting bhajans (songs) and mantras.

The bhajans are one of his favorite types of music. "It is quite stress-relieving, even when one does not understand what all the words mean," he said. He encourages everyone to come visit the Vrinda Center, especially when feeling stressed by law school and life in general.

Though he never lived anywhere but Miami before arriving in Concord, Alberto has enjoyed travelling widely. Fluency in three languages — his native Spanish, English and French — has helped him meet many very nice people in 19 different countries he has visited, as well as people from all over the world who are here in the Pierce Law community.

"It is an immense pleasure to have the opportunity to meet so many people here from such diverse backgrounds, getting to know them better both at personal and professional levels and getting such varied perspectives and opinions on so many contrasting issues, both inside and out of classrooms."

After he graduates, Alberto plans to work as a patent attorney. He wants to work with law firms as well as with nonprofit organizations and other concerns in the public interest.

Friends describe Alberto as humble and down to earth, with a smile for everyone, a great friend and someone you want to know better after you meet him the first time.

Thanks for being our first student On the Stand, Alberto! It’s nice to have met you!

The rack and thumbscrews

One of the few sharp exchanges in today's hearings on the Mukasey nomination came when Sheldon Whitehouse (D-RI) asked Mukasey if waterboarding is constitutional. The AP report on the hearing explains:

During terse questioning by Sen. Sheldon Whitehouse, D-R.I., Mukasey said he did not know if waterboarding is torture because he is not familiar with how it is done.

"If it's torture?" Whitehouse responded incredulously. "That's a massive hedge. I mean, it either is or it isn't."

"If it amounts to torture, it is not constitutional," Mukasey answered.

"I'm very disappointed in that answer," Whitehouse said. "I think it is purely semantic."

Mukasey looked down at his hands and took a deep breath.

In the panel that followed Mukasey's testimony, the AP article notes, Dean Hutson addressed the waterboarding issue head-on:

"Other than perhaps the rack and thumbscrews, waterboarding is the most iconic example of torture in history," said retired Rear Adm. John D. Hutson, a former Navy lawyer and dean of Franklin Pierce Law Center in Concord, N.H. "It has been repudiated for centuries. It's a little bit disconcerting to hear now that we're not quite sure where waterboarding fits in the scheme of things."

 

October 19, 2007

Next Week @ Pierce Law, October 21-27

Next Week at Pierce Law

 

PAD and Lambda Legal are teaming up to raffle off a brand new silver iPod Nano. Benefits are going to the Susan G. Komen Cancer Foundation. Tickets are $1 per ticket or $4 for 5 tickets. Raffle tickets will be sold in the Jury Box from 12:00 noon to 1:00 p.m. every day next week. This is an SBA sponsored event.

Volunteer as part of the 10th Annual Bruce Friedman Community Service Day. Sign-up with PIC in the Jury Box from 12:00 noon to 1:00 p.m. Wednesday, Thursday, or Friday. The event will take place Saturday, October 27th from 8:30 a.m. to 12:30 p.m. Breakfast will be provided for all volunteers by Bagelworks on Main Street in Concord.

 

Monday, Oct. 22

Happy Birthday to Nobel Laureate Doris Lessing, Robert Rauschenberg and Catherine Deneuve.

 

Tuesday, Oct. 23

Professor Richard A. Hesse will speak on "Civil Liberties and National Security" at 7:00 p.m. at the Tracy Library in New London.

Professor Mary W.S. Wong will be in New York City, attending the Morrison & Foerster "20 Years in New York" anniversary celebration. From 1998-2001, Professor Wong was Special Counsel to the firm, resident primarily in New York, with stints also in the Brussels and Singapore offices.

 

Wednesday, Oct. 24

Professor Karl F. Jorda and Honorary Degree '91 recipient Judge Pauline Newman will be inducted into the Intellectual Property Hall of Fame at a Gala Dinner at the Field Museum in Chicago. 

Professor Richard A. Hesse will speak on "Civil Liberties and National Security" at 7:00 p.m. at the Weeks Public Library in Greenlands.

 

Thursday, Oct. 25

Annual Employee Recognition Barbecue, 12:00 noon to 1:00 p.m. in the Courtyard. 

Careers in Immigration Law panel featuring Lorne M. Fienberg, Associate at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo in Boston. 1:00-2:00 p.m. in Room 200. 

Professor Buzz Scherr will speak at Spelman College in Atlanta on "Race & Genetic Identity: The Lure of Money & The Illusion of Fear" In the evening, he will host a cocktails & conversation reception for Atlanta-area alumni.

Professor Sophie Sparrow will attend the 32nd Annual Conference of the Professional and Organizational Development Network in Higher Education in Pittsburgh, PA, today through Sunday.

 

Friday, Oct. 26

William J. Morris III, Esq. of Bromberg and Sunstein, Boston, speaks on "A day in the life of a trademark/entertainment lawyer--what it is really like to practice in these fields" in Room 200 from 12:00 to 1:00 p.m., with a separate question and answer session from 3:00 to 3:30 p.m.

 

Saturday, Oct. 27

10th Annual Bruce Friedman Community Service Day, organized by the Public Interest Coalition (PIC).

Professors Bill Hennessey and Mary W.S. Wong will be in Beijing, China, through Tuesday for the 4th Annual IP.Net International Conference on Intellectual Property, co-organized by Tsinghua University School of Law and Harvard Law School. Professor Hennessey is on the organizing committee. Professor Wong will speak on copyright "safe harbors" for Internet Service Providers (ISPs).

 

 

Got news for the next Next Week @ Pierce Law? Send your events and notices to jmccrory@piercelaw.edu no later than 5 p.m. on the preceding Wednesday. NW@PL is produced by the Pierce Law Communications Office and distributed to faculty, staff, and students towards the end of each week. 

October 24, 2007

Student, Recent Alum Publish Law Review Articles

Two members of the Pierce Law community, alum Jason Tuttle ’07 and student Takashi Saito ’08, have recently published law review articles on intellectual property topics. Tuttle’s “Fame v. Infamy: An Analysis of Self-Dilution Under the Trademark Dilution Revision Act of 2006”, appears in the Fall 2007 issue of Bright Ideas, also known as The New York State Bar Association Intellectual Property Section Newsletter. The Journal of the Patent and Trademark Office Society is publishing Saito’s article, “Dressing Design Patent: A Proposal for Amending the Design Patent Law in Light of Trade Dress” in its August 2007 issue.

Saito’s article analyzes the competing public interests of allowing the public to make, use, and sell inventions for which the patents have expired, v. the right of buyers to know the source of products they are buying through trade dress rights, which are perpetual. A few recent court decisions have held that product designs can be protected as trade dress after the expiration of design patents, but Saito argues that the two types of rights should be based on the same policy.

The Trademark Dilution Revision Act gives special protection to famous trademarks. "Fame v. Infamy" discusses the legal consequences of a trademark’s “fame” being gained by negative behavior on the part of the trademark owner or licensees (self-dilution), rather than the goodwill which the TDRA was intended to protect. Tuttle focuses on self-dilution caused by the owner’s activity.

October 25, 2007

It's a Great Halloween Party, Charlie Brown

The leaves are turning color; the days are getting shorter; there is a chill in the air; and Halloween is right around the corner.  Come enjoy some halloween fun THIS Sunday at the Jury Box.  Phi Alpha Delta (PAD) and the Student Board Association (SBA) will be hosting a Halloween party for kids and students on Saturday, October 27, 2007. The kids party will start at 2:00 and run until 3:30.

 At 6:30, the big kids get their chance to party.  Find your best costume and join your fellow Pierce Law students for snacks, games, and prizes until 10:00. There will be free treats for students (and maybe even a few tricks).

HAPPY HALLOWEEN!

More Halloween Fun...

With halloween approaching, bring the whole family down to Main Street and enjoy beautiful downtown Concord.  Main Street Concord, Inc. will be hosting the 16th Annual Halloween Howl on Friday, October 26th from 5:00 to 7:00pm.  Downtown stores will be open for trick-or-treaters! FREE CANDY!!!!  There will also be horse-drawn wagon rides, ghost stories, and a costume parade.  Bigger kids will enjoy free hot chocolate, coffee, and apples at the Cooperative Market.

For more information, see http://www.mainstreetconcord.com/tabid/75/Default.aspx or call the Main Street Concord office at 226-2150.

Lend A Helping Hand This Saturday

BRUCE FRIEDMAN COMMUNITY SERVICE DAY IS Saturday October 27!

Sign up to take part in this day of community service in the Jury Box Wednesday, Thursday and Friday.

Plan to come and help local volunteer agencies on Saturday, but first have a nourishing breakfast courtesy of BagelWorks on Main St. and hear from local attorney Tom Fredenburg.

Meet in the Jury Box
Saturday  October 27
8:30-12:30

For more information, email PIC@piercelaw.edu.

We come from the land of the ice and snow...

COME FIND OUT WHAT IT'S LIKE TO BE AN IMMIGRATION LAWYER

No, Led Zeppelin will not be singing "Immigrant Song,"  but Career Services will be hosting an Immigration Law Panel, Presentation and Q&A  by Lorne M. Fienberg, Immigration Associate at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo of Boston.

TODAY!
Thursday, October 25th
1:00-2:00 p.m.
Room 200

Paint Balling this Saturday

There's a new club in town.  The Paintball Club.  To get things started we are having our first paintball outing this Saturday, October 27th, at 3:30.  We will be meeting at White's Park and then traveling a short distance, about 15 minutes, out to East Concord where we will be playing. If you are interested please RSVP tpratt@piercelaw.edu by Thursday night.  The club will be subsidizing some of the money spent on filling your air tank if you RSVP by Thursday.  So put on your camo, bring your paintball gun, paint, full air tank and we will see you Saturday at 3:30.

For more informatiom, contact Tyson Crane at TCrane@piercelaw.edu.

October 26, 2007

On the Stand: Anne St. Martin

Next on the stand, we have Anne St. Martin. Born and reared in Ottawa, Ontario, to a French Canadian father and a mother from Connecticut, for Anne her family always comes first and foremost, especially her parents who, she says have always been extremely supportive of her unorthodox educational endeavors.

After completing high school at St. Mark High School in Manotick, Ontario, Anne went on to complete a double major at Worcester Polytechnic Institute. She earne a Bachelors of Science with High Distinction in Chemistry, as well as a degree in International Studies. Along the way she has studied abroad a great deal, including in Russia, Namibia, Germany, France, Sri Lanka, Bangladesh, China, and other countries.

Anne enjoys hiking, running, and horse riding. When horse riding she concentrates on dressage which is a classical form of English riding in which the rider displays skill at controlling the horse. She is an active member of the Outdoors Club on campus at Pierce Law. She is on the Willem C. Vis International Commercial Arbitration Moot team and also serves as the secretary of both SIPLA and the Licensing Executive Society and Vice President of International IP Organization.

Currently a student in the second year of the JD program, her main areas of interest focuses on organic chemistry and the affect of international IP rights on pharmaceutical development and access in the developing world. Anne chose to come to Pierce Law on th strength of the IP program here and the great faculty resources, she says. Though she loved chemistry, she says, did not want to remain restricted to the laboratory for the rest of her life. "With a career in IP, I can play a role with emerging discoveries without having to spend a lifetime in the lab developing them." The global nature of IP, Anne adds, provides a perfect combination of her interest in international relations and transactions and her love of chemistry.

Thoroughly enjoying her time at Pierce Law, Anne says she finds the faculty here most extraordinary, with the way they enjoy what they do and equally enthusiastically share their passion with everyone. She is also highly appreciative of Stan Kowalski and Professor Cavicchi’s work with international IP management and agricultural development. Anne says the IP Development Clinic is a completely revolutionary concept that could be highly beneficial to many developing nations if they are able to gain the right funding and support.

"Pierce does a good job training a fair amount of professionals each year to build capacity in these countries," Anne says, "but there is always more that can be done. Moreover, if American students during their time at Pierce Law are exposed to the needs of these countries as part of their studies, then they will be more likely to apply their knowledge in the future through pro bono initiatives such as PIPRA."

Anne plans to work for an IP firm and solidify IP prosecution skills after she graduates from law school. She says she would eventually like to do IP transactional work, get some experience with IP litigation, pursue the very narrow avenue of IP arbitration, and work her way into an international IP organization (or start her own) to work with developing countries.

Anne is particularly excited about the new International IP Organization that is bringing domestic and international students together to talk about IP issues with a global perspective. She invites students to participate by giving a brief presentation about an IP topic in the context of their home countries. To volunteer or get involved, email IIPO@piercelaw.edu.

 

October 28, 2007

Do you want to be disbarred? Do you, punk?

What Do These People Have In Common?
George Kersey        Aaron Budnitz        John Coffey

THEY’VE ALL BEEN DISBARRED.  
DON’T LET THIS HAPPEN TO YOU!

Come to a Career Services-sponsored panel regarding common mistakes made by new lawyers.

October 31st, noon to 1pm, Room 227
Lunch will be served
Please RSVP to Mary Anne Aspell by Noon, October 30th.

BUT MORE IMPORTANTLY THAN BEING DISBARRED, RSVP IF YOU PLAN ON ATTENDING AND WANT LUNCH! 

Recycle your old computer, TV, XBox...

This coming Tuesday, October 30th, The New Hampshire Technical Institute’s Recycling Club will be sponsoring an Electronics Recycling Day from 10 a.m. until 2 p.m.

This will be a great (and inexpensive!) opportunity to safely and responsibly dispose of your old electronics -- computers, monitors, TVs, stereos, MP3 players, etc. A truck will be stationed in Parking Lot B of NHTI’s Concord campus to collect your equipment.

All electronics will be disposed of in an environmentally responsible manner. Parts that are reclaimable -- chips, wires, glass, etc -- will be reused in their component forms. Monitors are 100 percent recycled in an environmentally safe manner. Hard drives are shredded to eliminate security concerns. None of the electronics are shipped to foreign countries, where waste is often uncontrolled or poorly regulated.

Cost will be determined by the type of electronic. For example, $7.00 will be charged for monitors, $5.00 for portable stereos, and TVs will range from $6.00 to $18.00 depending on the size of the screen.
For any questions concerning this event, please contact Ruth Heath at rheath@ccsnh.edu or 271-7722.

Next Week @ Pierce Law, October 28-November 3

Next Week at Pierce Law

Sunday, October 28

Thomas Edison applied for his first patent -- for an electric vote recorder -- on this day in 1868. He was granted the patent eight months later, but no one wanted to buy it.

 

Monday, October 29

The new International IP Organization (IIPO) holds an informational meeting at 12:00 in room 205.

Dean Hutson and Director of Development Gayle Mazalewski are in New Mexico through Wednesday, meeting with donors in Las Cruces, Santa Fe, and Albuquerque.

Prof. Buzz Scherr continues his southern swing for Pierce Law's Admissions office as he meets with students at the University of Georgia.

Assistant Dean for Students Fran Canning will recruit at Southern Methodist University in Dallas, Texas as part of the South West Pre-Law Advisors' Texas Caravan.

Assistant Director of Admissions Barbara Wilson travels to Bryant College in Smithfield, RI to attend their fourth annual Law Day.

Assistant Dean for Admissions Katie McDonald meets with pre-law advisors as she visits schools across Ohio.

Professor Richard A. Hesse speaks on Civil Liberties and National Security at 7:00 p.m. at the Philip Read Memorial Library in Plainfield, NH.

 

Tuesday, October 30

Winter is coming -- get your flu shot today! From 2:00 to 4:00 p.m. in Room 102, the Concord Regional Visiting Nurse Association is providing flu shots to adults and children age 4 or older. Bring your ID: Medicare B, Medicaid, Healthy Kids, and Anthem* clients ( *Anthem Prefix YG ONLY ) with ID card do not have to pay a fee. All others must pay a $25 fee. Walk-ins are welcome!

Recycle your computers, TVs, and other electronics in a safe and environmentally responsible way today at the New Hampshire Technical Institute's Electronics Recycling Day. 10:00 a.m. to 2:00 pm.

Dean Hutson and Gayle Mazalewski host an alumni reception in Albuquerque, NM. 

Fran Canning explores more of Texas while she visits the University of Texas at San Antonio.
 
Katie McDonald represents Pierce at Miami University's Law Fair Day at the "other" Miami in Ohio.

Professor Richard A. Hesse presents a program on Freedom of Speech at 6:30 p.m. at the Sandown Public Library.
 

 

Wednesday, October 31

Boo! It's Halloween. Did you know that on the Emerald Isle where the holiday originated, Jack O'Lanterns were originally carved from turnips? Why not carve a scary face on a turnip today in memory of the olden days?

Learn what not to do: