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The following is the Elder Law Clinic spring 2016 class: Brandy Davis, Alec Roberson, Marcus Fields, Tim Lewis, Emily Morris, Jenna Coogle, Rebecca Daddino and Sharon Ukodie.

Elder Law Clinic celebrates 25 years of community service

Since 1991, the Elder Law Clinic has provided free legal services to the community in Forsyth and surrounding counties.  Each semester, a new group of students joins the Elder Law Clinic to provide free legal assistance to moderate income seniors.  Continue reading »

Professor Mark Rabil talks to reporters following a hearing in Iredell County Superior Court for an Innocence and Justice Clinic client.

Last minute discovery prevents Innocence and Justice Clinic client from going free from prison

The following story, “Last minute discovery prevents Iredell man from going free from prison,” by Robert E. Lee of the Statesville Record & Landmark that ran May 20, 2016, involves a client of Wake Forest Law’s Innocence and Justice Clinic.

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Ashley Escoe (JD ‘16) and Rolf Garcia-Gallont (JD ’16) argue in Fourth Circuit for Appellate Advocacy Clinic

Rolf Garcia-Gallont (JD ’16), Professor John Korzen (JD '91) and Ashley Escoe (JD ‘16)

Rolf Garcia-Gallont (JD ’16), Professor John Korzen (JD ’91) and Ashley Escoe (JD ‘16)

Ashley Escoe (JD ’16) and Rolf Garcia-Gallont (JD ’16) argued on May 10, 2016, in the United States Court of Appeals for the Fourth Circuit, in Richmond, Virginia, as part of the Appellate Advocacy Clinic.

Escoe and Garcia-Gallont argued as amicus in support of the defendants-appellees in the case of Andrews v. America’s Home Living Centers, LLC et al. The three-judge panel that heard the argument consisted of Chief Judge William B. Traxler Jr. of South Carolina; Judge Roger L. Gregory of Virginia; and Senior Judge Joseph F. Anderson Jr. of the United States District Court for the District of South Carolina, who was sitting with the circuit court by designation.

In Andrews, the plaintiff filed a complaint in the Western District of North Carolina alleging that the defendants violated minimum wage provisions of the Fair Labor Standards Act. After the defendants moved to dismiss the complaint for failure to state a claim, the plaintiff moved to amend the complaint. After a hearing at which a magistrate judge implied that the amended complaint would be futile and the original complaint would be dismissed, the plaintiff took a voluntary dismissal and then filed a new complaint with the same claim.

The defendants then moved for costs, including attorney’s fees, under Rule 41(d) of the Federal Rules of Civil Procedure. The district court allowed the motion, calculated the costs at around $13,000, and later dismissed the action when the plaintiff failed to pay the costs. The plaintiff appealed to the Fourth Circuit, which appointed the Wake Forest Law Appellate Advocacy Clinic to support the decision after the defendants were unable to afford counsel.

The appeal involves two issues:  (1) whether “costs” under Rule 41(d) may ever include attorney’s fees, and (2) whether the circumstances of the case support the award in this case. The first issue is an issue of first impression in the Fourth Circuit, and there is a three-way split in how other circuits have decided the issue. At the oral argument, Escoe and Garcia-Gallont split the time allotted to the appellees, with Escoe addressing the first issue and Garcia-Gallont addressing the second issue.  (They had similarly divided the research and drafting of the appellate brief, which was filed back in March, taking one issue each.)

“Ashley and Rolf both did a fantastic job in Richmond,” said Appellate Advocacy Clinic Director John Korzen (JD ’91).  “They were very clear and organized. Ashley used case law very well and had great answers to questions, while Rolf very persuasively explained why deference to district court judges is appropriate in Rule 41(d) situations,” Korzen explained.

Elissa Hachmeister (JD ’16) and Garcia-Gallont’s father and two sisters also attended the oral argument.

A decision is expected later this year, according to Korzen.

With the arguments by Escoe and Garcia-Gallont, a total of six Appellate Advocacy Clinic students made appellate oral arguments during the 2015-16 academic year, a new high for a single year in the Clinic.

Hooding 2016

Wake Forest Law celebrates first JD/MDiv and JD/MaSus dual degrees, first female SJD degree holder and confers hoods on 200-plus graduates

The Wake Forest University School of Law conferred hoods on more than 200 graduates on Sunday, May 15, including 184 Juris Doctor degree candidates, 16 international Master of Laws in American Law degree (LLM) candidates, 11 Master of Studies in Law (MSL) candidates and two Scientiae Juridicae Doctors (SJD) candidates. The school conferred hoods on the first two JD/MDiv dual degree graduates, Ashley Escoe of Arnoldsville, Georgia, and Marie Nkonge of Greensboro, North Carolina, and the first JD/MaSUS dual degree graduate, Nicholas Griffin of Fox Island, Washington. In addition, the law school conferred a hood on its first female SJD, Danya Abdulrahman Bin Mahatsin of Riyadh, Saudi Arabia. Continue reading »

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Wake Forest Law Review renames closing dinner the Dan McGinn Law Review Closing Dinner

The Wake Forest Law Review presented its annual awards at its closing dinner, held on Friday, April 15, at the Forsyth Country Club. At the dinner, the Law Review board also announced that the dinner would henceforth be known as the Dan McGinn Law Review Closing Dinner, in honor of previous editor of the Law Review Dan McGinn (BA ’64, JD ’67). The dinner was sponsored by Brooks Pierce, where McGinn is a partner.

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greener

Graduation Profile: Joseph Greener (JD ’16)

Joseph Greener (JD ‘16) chose Wake Forest Law because it felt like home.

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7th circuit (1)

Joseph Greener (JD ’16) argues in the United States Court of Appeals for the Seventh Circuit

Joseph Greener (JD ’16) argued on April 27 in the United States Court of Appeals for the Seventh Circuit, in Chicago, as part of the Appellate Advocacy Clinic. Greener and Lauren Emery (JD ’16) represent Charles Evans in the case of United States v. Evans, which is a direct appeal to the Seventh Circuit following a guilty plea and sentencing in the United States District Court for the Western District of Wisconsin. The Seventh Circuit is the federal appellate court for cases arising in Illinois, Indiana and Wisconsin. The Court appointed the clinic to represent Evans on appeal.

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Aaron

Dr. Aaron Oyarce Yuzelli (SJD ’16) presents dissertation on sustainability and indigenous populations

Dr. Aaron Oyarce Yuzzelli (SJD ’16) of Peru recently presented his Scientiae Juridicae Doctor (SJD) dissertation to faculty, staff and classmates, entitled, “Sustainability and Indigenous Populations: Yaneshos Amueshos Ashaninkas of Peru and Sioux of the United States.”

Oyarce Yuzzelli, who has previously earned a JD and a Ph.D. in Education from the Universidad San Martin de Porres, a Magister and an LL.M. from Universita di Roma la Sapienza  and an SJD from Universidad Alas Peruansa, also has an LL.M. from Wake Forest University. His published texts include Temas de Derecho Ambiental and Nuevas Tendencias del Derecho (Themes of Environmental Law and New Trends in Law, respectively), among others. During his SJD studies at Wake Forest Law, he has continued his research and investigation on environmental law. His dissertation advisor was Professor Richard Schneider, associate dean of international programs, and his advisory committee was rounded out by Professor Wilson Parker and Professor John Knox.

Oyarce Yuzzelli’s presentation began with a survey of the status of the studied indigenous peoples in international law. This included a focus on the protections and declarations involving indigenous peoples, as well as the regional systems and federal recognitions that pertain to these populations. Oyarce Yuzzelli’s attention to environmental law included transboundary issues, previous case studies and legal precedents and how environmental protection treatises protect and engage the indigenous populations of the United States and Peru. Specific topics included how ecotourism may benefit the Yaneshos Amueshos Ashaninkas and how Genetically Modified Organisms (GMOs) may have negative effects on both the peoples and their surrounding biodiversity.

Oyarce Yuzzelli concluded from his research that the gaps between international and national laws regarding the environment and indigenous peoples must be closed, and there must be global agreements on protections and support. Oyarce Yuzzelli also called for widespread anthropological study and documentation of Peruvian tribes, in order to both record the cultures for posterity and also to gain an understanding of the peoples affected by international environmental law.

Aaron Oyarce

Andrew Kilpinen (JD ’16) to clerk for Chief Judge Brendan L. Shannon of the United States Bankruptcy Court for the District of Delaware

Wake Forest Univ. Law School Head Shots 8/16/13

Andrew Kilpinen (JD ‘ 16) has accepted a judicial clerkship with Chief Judge Brendan L. Shannon of the United States Bankruptcy Court for the District of Delaware. Kilpinen’s clerkship will begin after graduation. Continue reading »

Tim Readling (JD ’16) to clerk for North Carolina Court of Appeals

Wake Forest Univ. Law School Head Shots 8/16/13

Tim Readling (’16) has accepted a judicial clerkship with Judge Robert N. Hunter, Jr. of the North Carolina Court of Appeals. Readling’s clerkship year will begin no later than January 1, 2017. Continue reading »