The Wake Forest University School of Law’s Veterans Advocacy Law Organization will host a free legal clinic for veterans on Friday, Feb. 3.

Mike Miranda, is President of the VALOR organization and a student at Wake Forest University’s School of Law. He’s also an Iraq War veteran. He said the program will provide legal information or documents on a variety of topics including, housing, medical enrollment and pensions.

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PEMBROKE, N.C. — Four Wake Forest University School of Law students traveled on Sept. 30  to the Pembroke office of Legal Aid of North Carolina (LANC) where they conducted a Wills Clinic.

The students — Katherine Barber (’12), Kaitlyn Girard (’12), Derrick Lankford (’12) and Scott Villarreal (’12) — drafted simple wills and advance directive documents for low-income LANC clients from Robeson County under the supervision of LANC Staff Attorney David Richardson.

While LANC receives a grant to prepare advance directives for local residents, the demand for these services has greatly exceeded the Pembroke office’s resources, according to Girard, who is the law school’s Pro Bono Project director.

“Under Richardson’s guidance, the Wake Forest students were able to prepare more than 25 documents for 10 LANC clients,” she explained.

The law students are planning to return to Pembroke to conduct another Wills Clinic in late October to commemorate National Pro Bono week and continue to serve area clients.

“Travelling to Pembroke to create wills and other documents for the older residents was a great experience,” Barber said.  “We hit the road with a group of students who are all excited about doing pro bono work, which made the 2 1/2- hour drive seem short.  Both my morning and afternoon appointments were with lovely women, and David Richardson was great at reviewing and providing guidance on questions as they came up. Dale Deese and the Legal Aid folks welcomed us and cooked a seasonal seafood treat for lunch spot, a kind of fish that comes out on the coast at the end of September.  At the end of the day, we joined forces to copy, staple, witness and notarize a last group of a dozen documents.  In one day, our group of four prepared more than 25 wills, advanced directives, and powers of attorney.  We are excited to go back in October.”

It was not Girard’s first visit to Pembroke. She participated in the Pro Bono Project’s spring break trip to the area in March 2011.

“I was struck by how warm and welcoming the LANC staff and the local clients were to a group of ‘foreign’ law students, so I jumped at the chance to visit the office again,” Girard said.  “I have previously worked with Legal Aid and some estate planning projects, but this was the first time I got to interview clients and assist in preparing their wills and other advance directives.  The Robeson County residents I worked with were incredibly understanding and patient about working with a law student, and continued to entertain me with Robeson County stories as I worked on their documents.  I learned a lot about serving low-income clients and preparing legal documents at Pembroke, so I hope we are able to continue working with the LANC office to serve the surrounding community.”

Lankford said the time he spent drafting wills and powers of attorney at the Legal Aid Office of Pembroke offered him so much more than just legal experience.

“It gave me the opportunity to meet and work with fellow classmates whom I had always seen around but never gotten to know,” Lankford said.  “It also gave me the opportunity to meet the good people in Pembroke who do this type of work every day.  They prepared a fantastic fish-fry for all of us, complete with hushpuppies and cole slaw, and it was great to chat and get to know them as well.  Most importantly, it gave me the opportunity to work with and assist clients who needed our help greatly.  It is hard to articulate the amount of satisfaction I have gotten out of knowing that I made a positive impact on their lives.  I look forward to returning in October.”

Villarreal described his participation in the Pembroke Wills Clinic as a truly a great experience.

“I was able to interact with clients one-on-one and give my time to a community that is in need,” Villarreal said. “The best part of the trip was the appreciation expressed by the clients for our willingness to help prepare the wills and advance directives.  I was also impressed by the hospitality we were shown by the staff at Legal Aid.”

The Wake Forest Law Review  will host ”The Sustainable Corporation” as its 2011 Business Symposium on Friday, April 1, in the Worrell Professional Center.

The symposium will bring together legal scholars and policy leaders who offer a range of perspectives on “The Sustainable Corporation.” How do business firms contribute to – or undermine – the ability of social, ecological and environmental systems to endure?

The question raises issues concerning community development, corporate governance, energy policy, environmental law, institutional shareholders, labor relations, business transparency, nonprofits, and securities markets.

The business community is actively engaged in understanding the practical challenges of sustainability, according to event organizer Professor Alan Palmiter.

“This symposium seeks to create greater awareness of the legal challenges to the corporation becoming an instrument of sustainability,” he said.

The  event, which is free and open to the public, is being made possible by the generous donation of Bill Wilson (’80).

Contributing authors are:
Matt Bodie, Saint Louis University School of Law
Dana Brakman Reiser, Brooklyn Law School
Steve Ferrey, Suffolk University Law School
Jose Gabilondo, Florida Int’l University College of Law
Kent Greenfield, Boston College Law School
Brett McDonnell, University of Minnesota Law School
David Millon, Washington & Lee University School of Law
Alan Palmiter, Wake Forest University School of Law
Beate Sjafjell, University of Oslo (Norway)
Judd Snierson, Hofstra University School of Law
Faith Stevelman, New York Law School
Wendy Wagner, University of Texas (Austin) School of Law
David Yosifon, Santa Clara University School of Law

For more information, please visit http://lawreview.law.wfu.edu/symposium/

Friends, colleagues and students share their best wishes for Melanie on the occasion of her retirement from Wake Forest University. Melanie has been part of the law school for more than 40 years.

Wake Forest University of Law professor Omari Simmons was recently quoted in a blog  on the department of education’s website, in reference to his most recent Huffington post blog.“Omari Scott Simmons, Associate Professor of Law at Wake Forest University School of Law and the Executive Director of the Simmons Memorial Foundation, a nonprofit organization promoting college access for vulnerable students makes this point in his Feb. 25 Huffington Post blog.   Simmons argues that low-income, minority, and first-generation students are less likely to go to college, but not for the reasons we think.  Usually we blame the gaps in their learning or the cost of college tuition, but the real culprit is a system made of counselors and teachers who don’t discuss college with these students.”

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The following is an excerpt from Professor Omari Scott Simons piece about the disparities that exist among “vulnerable students” in higher education. His op-ed piece was published on the www.huffingtonpost.com, February 25th . “The dearth of college counseling in the nation’s public schools derails many students as they transition between high school and college. Compared to their more privileged peers with similar academic qualifications, low-income, minority, first-generation, and other vulnerable students are less likely to attend college.”

“When these vulnerable students pursue higher education, they are more likely to attend vocational schools, community colleges, for-profit universities, and less selective four-year colleges. This phenomenon highlights a sorting process in the act of choosing among higher education options that further perpetuates socio-economic inequality and limits the nation’s global competitiveness.”

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Wake Forest University School of Law Professor Shannon Gilreath is cited in a Feb. 24 Winston-Salem Journal article about gay marriage.

“President Barack Obama’s decision to no longer defend the constitutionality of a federal law that bars the government from recognizing same-sex marriages is a ‘very rare’ move, not often used by presidents,” according to Gilreath. “The announcement Wednesday means that the federal government will not step in to defend its own law.”

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Katie Serfas (’11) argued in the United States Court of Appeals for the Fourth Circuit, in the case of Cousins v. Green, on Jan. 25.  Alayna Ness (’11), who helped Serfas prepare, also attended the argument, which was held in the Fourth Circuit courthouse in Richmond, Va.

The issue in Cousins is whether Mr. Cousins’ state court trial counsel provided ineffective assistance by failing to find an exculpatory witness.  Cousins was convicted of second degree murder and using a firearm to commit a felony, after a shooting that occurred on a street in Capitol Heights, Md., and sentenced to 50 years in prison. 

There were no eyewitnesses to the murder, and only two witnesses connected Cousins to the crime – the other suspect, and the other suspect’s aunt, who claim that Cousins confessed to the crime.  At trial, Cousins’ counsel argued that those two witnesses had conspired to pin the crime on Cousins and that the gun was fired from an upstairs window on the street where the victim was found. 

The other suspect, his aunt, and his grandmother all lived on that same street, yet trial counsel did not interview neighbors to try to find other witnesses.  After trial, an eye witness linking the crime to the other suspect came forward.  During the murder, he was outside a house two doors down, about to visit a friend.

Cousins unsuccessfully appealed through the Maryland state court system and then petitioned the United States District Court of Maryland for habeas relief pro se, on the ground that his right to effective counsel under the Sixth Amendment to the United States Constitution had been violated.

There is a two-part test for ineffective assistance of counsel, including attorney conduct below an objectively reasonable standard, and prejudice to the client.  The District Court ruled against Cousins, he appealed to the Fourth Circuit, and the Fourth Circuit appointed the Appellate Advocacy Clinic to represent him.  Two members of the Class of 2010 wrote a brief on his behalf last year.

“Katie did a fantastic job arguing for Mr. Cousins,” said Professor John Korzen, director of the Appellate Advocacy Clinic.  “She was clear, persuasive, and in command of the facts and the law.  The ‘prejudice’ prong is a tough argument, but she did as well as one could hope.  Judge Agee, in fact, told her afterwards that ‘you did a great job with what you had to work with!’”

A decision is expected sometime in the next three to four months.  If the Court rules against Cousins, the Clinic will petition the United States Supreme Court for certiorari on another issue that the Fourth Circuit did not certify for appeal, which involved the prosecution withholding evidence.

Of the experience, Serfas said, “I never dreamed I would have the opportunity to argue before a federal appellate court before I graduated from law school.  I am very grateful to Wake Forest for providing me this opportunity – it is an experience I will not soon forget!”

In addition to Alayna, Clinic members Megan Curran (’11) and John Byron (’11) also helped Serfas to prepare by reviewing the briefs and judging practice arguments.  

The Appellate Advocacy Clinic represents clients in various appellate courts.  It is open to third-year law students who have demonstrated proficiency and interest in LAWR I & II and Appellate Advocacy.  For  more information about the Clinic, contact Professor Korzen.

testing 1, 2, 3, 4

John Byron (’11) argued to the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., on Friday, Sept. 24, as part of the law school’s Appellate Advocacy Clinic.  The Fourth Circuit decides federal appeals from five states, including North Carolina.  The Clinic represents Danny Keith Thomas in the case of United States v. Thomas.

“John did an excellent job arguing the appeal,” said Clinic Director Professor John Korzen.

A three-judge panel heard the argument:  Chief Judge William Traxler of South Carolina, Circuit Judge Robert King of West Virginia, and District Judge Jerome Friedman of the United States District Court for the Eastern District of Virginia, who coincidentally is a 1969 Wake Forest University School of Law graduate.  All three judges praised Byron’s performance in comments after the argument.

It was a fairly “hot” bench, with at least a question per minute and each judge asking multiple questions, according to Korzen.

“John was well-prepared and gave persuasive answers to every question,” he said.  “Before going to Richmond for the argument, John practiced his argument with the entire Clinic and again in one-on-one sessions with classmates Megan Curran and Ben Wiles.”

The Thomas appeal includes a significant “retroactivity” issue.  In 2005, Thomas pled guilty to attempted possession of methamphetamine and to either “possession” or “use” of a firearm during a drug transaction.  (In his 40s, with no prior criminal record for the past 20 years, Thomas developed a methamphetamine addiction, which he fueled by selling the drug.)

At issue on appeal is whether Thomas should have his firearm conviction reversed due to a later Supreme Court decision, Watson v. United States. In 2007, the Court held in Watson that one who trades drugs for a firearm does not “use” a firearm during a drug transaction.  An earlier Supreme Court decision, Smith v. United States, held the reverse – that one who trades a firearm for drugs does “use” a firearm in a drug transaction.

In 2008, Thomas filed a motion to vacate his conviction, based on Watson, in the United States District Court for the Western District of North Carolina.  The District Court dismissed the motion because the Supreme Court had not made Watson “retroactive” to prior cases.  Thomas appealed, and the Fourth Circuit appointed the Clinic to represent Thomas.

Last year, Caroline Payseur (’10), researched and wrote a brief  in the Thomas case contending that substantive changes to the law such as Watson automatically apply retroactively.  The Fourth Circuit has not yet decided a similar issue.  A decision in Thomas is expected within three months.

The Appellate Advocacy Clinic represents clients in various appellate courts.  The Clinic currently has four appeals pending in the Fourth Circuit and two appeals pending in the North Carolina Court of Appeals.  Students who want to enroll in or obtain information about the Clinic should contact Professor Korzen.