Text
Volume XVI. No. 2
February 2017
The State House Across from Suffolk as seen in The Departed. (Alison Farquhar/Dicta)
What The Departed Got Right About Boston
By Alison Farquhar, Staff Writer
Bostonian, but the acting, directing, and
writing was overall superb. Its depiction
Cambridge native Casey
of the houses and lesser-known buildings
Affleck won Best Actor at this year’s
of Boston felt authentic as well, and
Academy Awards for his role in
provided a look at Boston beyond just
Manchester-by-the-Sea, a film set in
the iconic sights of the town and the
the namesake coastal town in
Irish-American non-rhotic stereotype
northeastern Massachusetts.
that some other films sets in The Hub
Massachusetts’ film legacy includes
fail to move beyond.
numerous critically-acclaimed films,
For example, we see Costigan
including last year’s big Oscar winner
several times inside and on the top porch
Spotlight, 1990s favorite Good Will
of his three-decker, Sullivan walks up
Hunting, and 2006 Best Picture
the back entrance of the State Police
winner, Martin Scorsese’s The
building on Staniford Street and
Departed.
Merrimac, and later, Costigan meets
Based loosely on the life and
Dignam (Mark Wahlberg) and Queenan
times of Boston organized crime leader
(Martin Sheen) under the Neponset
James “Whitey” Bulger, The Departed
Bridge on the Dorchester side. A scene
follows two Massachusetts State Police
set in Costello's condo on Boston Harbor
officers, corrupt Detective Colin
provides a memorable and dark
Sullivan (Matt Damon), and
perspective on the scenic stretch near
undercover trooper William Costigan
Boston Harbor Hotel, and later, a chase
(Leonardo DiCaprio), both
sequence through back-alleys of
simultaneously working, to different
Chinatown highlights parts of the former
ends, for South Boston gangster
crime-ridden so-called “Combat Zone”.
Francis Costello (Jack Nicholson). The
Additionally, and most notably,
films features roles by Vera Farmiga,
the film touches on the social
Anthony Anderson, Martin Sheen,
consequences of recent events in Boston
Mark Wahlberg, and Alec Baldwin.
history, like the busing riots of the
Photo courtesy of Dicta Staff
SULS students may not realize it,
1970s, the expulsion of the Italianbut our law school lent a notable filming
American mob from the North End (and its
location for The Departed, and it is even
relocation to Providence, RI) of the 1980s,
Madden: When was the last time
referenced in character dialogue in the film: you checked?
and the Catholic church pedophilia scandal
of the 2000s. Issues of sexism,
Sullivan: Before I went to fuckin’
Madolyn Madden (Vera Farmiga): Suffolk!
homophobia, racism, religion, and the
Are you a Statie?
immigrant search of the American dream
Colin Sullivan: Yeah, I’m actually The 7th floor’s Corcoran Room lent the
are also raised. Anyone from eastern
going to law school also.
Massachusetts is likely to recognize and
view from the CGI-generated apartment
Madden: Suffolk? Nights?
identify with the themes that come up in
occupied by Sullivan in the film, with its
Sullivan: Well they don’t run
panoramic view of the Massachusetts State the film. The Departed genuinely captures
Harvard at night last time I checked.
Boston’s dark heart where other films set in
House providing a thematic and selfThe Hub do not, and is among the very best
referential backdrop to several scenes.
films about our town.
I loved The Departed, which feels
cliché as a Massachusetts native and a
2| February 2017
Trump vs. Freedom
of the Press
Elizabeth Green, Opinion Columnist
Photo Credits: Retrieved from Forbes.com on
February 21, 2017
On Friday, February 17, 2017, President
Donald J. Trump criticized the national
media by tweeting from his personal
Twitter account, “The FAKE NEWS
media (failing @nytimes, @NBCnews,
@ABC, @CBS, @CNN) is not my
enemy, it is the enemy of the American
people!” He had previously posted and
quickly deleted a similar tweet so he
could be sure to add CBS and ABC. He
didn’t delete it because he realized that
perhaps a sitting president should not be
attacking the press due to the First
Amendment of the U.S. Constitution, but
because he wanted to make sure that those
other news organizations were included.
The original post also concluded, in
typical Trump fashion, with one word:
“SICK!”
Americans and the world are well
aware that this is not unlike President
Trump. Trump has been extremely active
in the twitter-sphere for years and things
haven’t changed since his inauguration,
though I must admit I had hoped the
Secret Service (or just anybody) would
have taken his phone away from him after
he was sworn in. I’m not sure about how
you feel, dear reader, but it’s somewhat
worrisome that the President of the United
States is taking time out of what most
would imagine is a rather busy workday
to keep up an almost seamless stream of
twitter commentary about how unfairly he
and his administration are being treated
since taking office.
This particular tweet came just
one day after Trump held what could be
considered a rather combative and lengthy
press conference (over an hour.) Trump
D I C T A
addressed topics such as his views on
Russia, the first month of his
administration, and of course—his views
on the media. There is much to be
considered concerning some of the things
he said during this particular presser, but
alas—the focus of this column is on Mr.
Trump’s troublesome views about the
press.
Something that Americans and we
as law students know is that the First
Amendment of the Constitution bars
Congress from “abridging the freedom of
speech, or of the press…” Not only that,
but what Trump tweeted, declaring the
media as “the enemy of the American
people” is eerily similar to words used by
some of the worst “baddies” in modern
history—Vladimir Lenin, Joseph Stalin,
and of course Adolf Hitler. While the
term “enemy of the people” originated
back in Roman times, its current form is
Soviet-based terminology. A few months
shy of a century ago, Vladimir Lenin
coined the term “vrag naroda,” “enemy of
the people,” one month after taking power
of the Soviet Union on November 28,
1917. As leaders of the Soviet Union,
Lenin and Stalin both used this term to
justify the murder of millions of innocent
lives.
Photo courtesy of Businessinsider.com
This declaration also rings true to the term
adopted by Nazis during Hitler’s time in
power: Lügenpresse—“lying press.” This
was successfully implemented for their
propaganda against the Jewish population,
communists, and foreign press. I don’t
want to come off as pompous by stating
what I studied or what I have a degree in,
but I feel like it’s warranted for this
particular topic. Whilst studying for my
Masters in history, it was drilled into me
that to compare a modern-day person to
Hitler or the Nazis was an easy out…it’s
cheap, if that’s the right word. However,
in this particular instance it’s hard to get
around such a thing. The parallels
(concerning the press at the least) are
slapping us right in the face like a dead,
stinking fish and to be frank—I’m not
alone in saying that it’s frightening.
I don’t bring up these men to be
overly dramatic, but to simply draw
attention to how positively dangerous it is
for the President of the United States to be
so quick to make such a declaration. I get
it—he’s not a politician, he’s not wellspoken as most of his base will
continually say when any hint of
skepticism of the president is suspected.
However, I don’t accept that as an excuse
for this. I don’t believe I ever accepted
that as an excuse for the majority of what
has come out of this man’s mouth, to be
honest.
Photo courtesy of History.com
I’m uncertain what the future of
this administration will be, especially with
the continuing leaks being made
concerning Russia. Trump’s ongoing
battle with the press does not bode well
with me and many other Americans, but if
I let all of the worries I have fill my mind
I will go absolutely crazy. So to take
things one at a time, with this one being
the freedom of the press, I’ll look to the
words of some of America’s most
prominent historical figures for comfort.
Thomas Jefferson, one of the U.S.
Founding Fathers once said: “Our liberty
depends on the freedom of the press, and
that cannot be limited without being lost.”
John Adams wrote “the liberty of the
press is essential to the security of the
state.” I’ll finish this article with
something George Washington once
stated: “Freedom of speech is a principal
pillar of a free government: when this
support is taken away, the constitution of
a free society is dissolved.
_________________________________
"Donald J. Trump on Twitter". Twitter. Retrieved 2017-02-18.
"Donald J. Trump on Twitter". Twitter. Retrieved 2017-02-18.
Benedikt Sarnov,Our Soviet Newspeak: A Short Encyclopedia
of Real Socialism., Moscow: 2002, ISBN 5-85646-059-6
Nicolas Werth, Karel Bartošek, Jean-Louis Panné, Jean-Louis
Margolin, Andrzej Paczkowski, Stéphane Courtois, The Black
Book of Communism: Crimes, Terror, Repression, Harvard
University Press, 1999, hardcover, 858 pages, ISBN 0-67407608-7
Staying Woke: Why The Celebration of Black History Is So Important
By Nicholas Williams, Editor in Chief
“What is this…the 60s?” Mr. Shaun King says during a presentation he delivered at Suffolk University Law School. Inspired and in
awe at this incredibly knowledgeable writer of social justice, everyone sat on the edge of their chairs hungrily soaking up the knowledge and
lessons he was imparting to the very vast audience of law students and undergrad students. Shaun King is a journalist who, in addition to
being a very outspoken voice for justice reform, is also a formidable source of support for victims of consistent oppression; oppression that
comes in many colors, shapes, and forms. Police Brutality is one of the most well-known, well documented forms of oppression, but it is not
the only form of oppression as we’ve just seen in this recent presidential election.
3| February 2017
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human rights. Shaun King’s presentation drove home a point that,
hopefully, everyone in the audience received with open minds and
hearts: for true change to happen, real action must first occur. Real
action goes beyond electing senators and representatives to congress
and presidency; real action begins here, at our schools, in our homes,
within our communities. Humanity has not changed since the
beginning of time. Humanity has fluctuated, had its highs and lows,
but to answer the pressing question posed above, it has not
significantly changed, at least not in a way that’s meaningful. It’s not
the 60s even though it might feel that way. Fact is we’ve never left the
60s behind—never evolved from that oppressive nature.
Electing Donald Trump to the highest office in this country
was not a mistake, nor was the country taken back 50 years. Mr.
Trump cleverly reawakened the inner humanity of America’s
conscience, so it can be no surprise that he won. As Shaun King
pointed out, with each new innovation, there is a drop in humanity.
The signing of the Emancipation Proclamation, the Civil War, the
Women Rights Movement, the Election of President Obama were all
new innovations that marked the beginning of a downward spiral in
humanity.
“Staying Woke”cont. from page 2.
Shaun King at Suffolk Law School on February 8, 2017
(Photo Credit: Nicholas Williams/Dicta)
Mr. King does a great job pointing out that one of the primary
reasons it feels as if we are still living in the 60s is because, contrary
to popular belief, humanity has not gotten better with time. Such is
especially true when in 2017 black people are still being incarcerated
at a higher percentage than their white counterparts for the same
crimes; when in 2017 black people are still cut off from the many
opportunities that their white counterparts have access to; when in
2017 black people are still targeted by police and find themselves
victims of police brutality; when in 2017 we can elect a man who has
vocally and visually exhibited misogynistic views to the highest office
in the land. Sitting here to type out everything that’s still wrong with
America in 2017 is equal to reading an American history book.
Considering all this, in celebrating black history we are not just
celebrating black people and their accomplishments, we are
celebrating the breakthroughs of our society. Celebrating black
history serves as a constant reminder of where our society and our
country were and where we should hope to steer further away from.
With consistent forms of oppression in modern day America, it is now
more important than ever to be reminded of America’s troubled but
not soon forgotten past; especially when it comes to issues relating to
Photo courtesy of Dailymail.com
In order to halt this downward spiral in humanity, one can
engage in celebration by way of acknowledging the past. Celebrate
black history and any other kind of history that documents and
illustrates the disregarded values of America that led to the
nationwide changes we see today. Together we can effectively
encourage people to stay woke, inspired, and consciously advocate for
the oppressed. Being that this is law school and we are all training to
be advocates, let us take the time to understand what being an
advocate in today’s society means. Reality is not black and white,
neither is justice, and neither is right and wrong. So come to terms
with the fact that humanity has only fluctuated and never reached the
mythical preferable peak where it is significantly better than past
generations. Then get involved and help clean up. Once again, if
better days are to come, real action must take place.
Sources: http://www.naacp.org/criminal-justice-fact-sheet/
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www.MyRAWR.org
4| February 2017
D I C T A
Annual Diversity Dinner
“Around the World”
Buffet
Wednesday, March 1 at 6PM- Fifth Floor Commons
Come celebrate diversity and inclusion at Suffolk Law with a very special
and delicious “Around the World” buffet sponsored by:
The SBA Diversity Committee, several student affinity groups and the Dean
of Students Office.
Some insightful remarks will be given by our very own
Judge Isaac Borenstein
5| February 2017
Suffolk Law Library’s
New MCLE OnlinePass
Offers Never-Before-Seen
Access to Webcasts,
eBooks, and Professional
Development Plans
By Liza Rosenof, Legal Research
Librarian
Wedged inconspicuously in an alley
between Stoddard’s Fine Food & Ale and
the snazzy new restaurant, Yvonne’s—a
mere stone’s throw away from Suffolk
Law—lies the headquarters of a venerable
local institution you may not have heard
of: MCLE New England. This non-profit
organization, established in 1969, has
dedicated itself to providing
D I C T A
Massachusetts attorneys with training for
their continued professional growth.
Governed by a board of trustees and
assisted by curriculum advisory
committees addressing nine distinct areas
of legal practice, MCLE focuses its
mission on applied law, meaning
“practical, highly concrete training for
attorneys in the essential elements of
professional practice.”
Its more than 160 practice
manuals, written by experienced
practitioners with expertise in the
relevant field, adorn the desks and
bookshelves of law offices across the
region. Perhaps even more importantly,
MCLE regularly offers programming inperson and online—around 250 such
sessions annually—with upcoming
programs including “A Kaleidoscopic
Perspective on the Impact of Divorce,”
“Title Insurance for Commercial
Transactions,” and “Hanging Your
Shingle.” Attendance at these programs
usually costs between $150 and $300.
While these are great prices for what they
offer, it’s not exactly chump change for
most students and newly minted
attorneys. But do not despair; Suffolk
Law students now have unprecedented
access to MCLE’s various offerings.
The Law Library already had
access to MCLE’s vast collection of
practice guides online through Westlaw,
Lexis Advance, and Bloomberg Law, in
addition to about 100 publications in print
on reserve. Recently, though, the Law
Library negotiated with MCLE to provide
access to a veritable treasure trove of
materials through its OnlinePass,
including: all live MCLE webcasts (over
200 a year); unlimited online access to the
entire archive of MCLE on-demand
webcasts and downloadable mp3 audio
programs (over 500); unlimited access to
MCLE’s entire collection of practice
manuals both in a searchable online
library or as individual downloadable
eBooks; and, curated professional
development plans that take you unit by
unit through the fundamentals of a
particular practice area.
Rick Buckingham, Director of the Law
Library and Information Resources at
Suffolk, said, “We are very excited that
our students now have access to this
expanded suite of MCLE resources,
which we know attorneys throughout
New England value highly and use
regularly. These resources can help
students develop the practice-ready skills
that are crucial for new attorneys.”
To access the MCLE OnlinePass,
simply head to the Law Library website at
www.suffolk.edu/law/library. From there,
click “Research Databases” on the lower
left-hand side of the screen. Choose
“MCLE OnlinePass” from the list of
links. You can access the full subscription
at school and off-campus. Suffolk Law
alumni are welcome to access the
OnlinePass when they visit the Law
Library.
If you have any questions, contact
the Reference Desk at
lawref@suffolk.edu or 617-5738516.
Once a man has made a commitment to a way of life,
He puts the greatest strength in the world behind him.
It's something we call heart power.
Once a man has made this commitment, nothing will stop him short of success.
-Vince Lombardi
6| February 2017
D I C T A
Dicta Executive Board
Nicholas Williams
Editor-in-Chief
Samantha LeBrun
Managing Editor
Keicha Mora
Secretary
Ashley Malans
Head Copy Editor
Stephanie Herbello
News Editor
Alison Farquhar
Copy Editor
Elizabeth Green
Opinion Columnist
David Feldman
Layout Editor/Director of Public Relations
Staff Writers:
Kierra MacDougall
Desiree Tembo
Rachel Seed
Bayley Weese
A school newspaper of the people, by the people, and for the people. Dicta is your source for news, stories and opinions of immediate concern
to the Suffolk Law student body. The content we provide is a reflection of the community involvement we all crave but don’t have the time to
enjoy. So speak up by reading and contributing to Dicta!
Dicta is the official student newspaper of the Suffolk Law School community, existing solely to help foster a sense of community through
communication. The goal of Dicta is to educate, inform, enlighten, and entertain the student body through outstanding reporting and editorials
on news, events, trends, sports, arts, food, and popular culture. The opinions and views expressed in Dicta are not necessarily those of the
Dicta staff and are not the opinions of Suffolk University Law School or the student body. Suffolk Law School students control and conduct
all facets of this paper. Dicta does not discriminate against any persons and complies with the university policies concerning equality. Dicta
encourages students, alumni, faculty, and administrators to submit letters to the editor and articles for publication. Submissions should include
the author’s name, class and/or position at the university or in the community. Dicta reserves the right to edit and publish all submissions.
Anonymous submissions will not be published.
Sometimes you will never know the
value of a moment until it becomes a
memory. --Theodor Seuss Geisel
Hardship often prepare ordinary people
for an extraordinary destiny.
--C.S. Lewis
7| February 2017
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SUFFOLK UNIVERSITY ALERT: COMMUNITY ADVISORY
By Desiree Tembo, Staff Writer
30 full-time security officers
5 full-time non-sworn dispatchers
manager of campus card services
systems administrator
office coordinator
student security workers
Photo courtesy of The Suffolk Voice
“The Boston Police are investigating stabbings at Tremont Street
and Stuart St. Please stay away from the area.” –09/25/16
“The Citizens Bank on the first floor of 73 Tremont St has just been
robbed. Please avoid police presence in front of the building. Party
fled the area.” –10/06/16
Suffolk University police
officers wear dark blue
shirts, have a Suffolk
University Police badge,
and wear the seal of the
Commonwealth of
Massachusetts on their collar. They carry a baton and
pepper spray. Suffolk University security officers wear light
blue shirts and have a Suffolk University Security badge.
They do not carry weapons or pepper spray.
-Courtesy of Suffolk University Police Website
We understand it can be very difficult for a person who is a victim,
accosted by two individuals at the corner of West Street and observes, or has knowledge of a criminal act to report it to the
authorities. However, in the event of an emergency situation we ask
Mason Street. One of the individuals stated that he had a
that you immediately contact the SUPD by calling 617-573-8111 or
gun and proceeded to rob one of the students. The
you may also call 911 to reach the Boston Police Department. If it is a
individual did not show a gun. The two individuals fled
non-emergency safety related matter, you can report it to the SUPD
away from West Street on Mason Street. SUPD and Boston by calling 617-573-8333.
PD were unable to locate the individuals.”—11/15/16.
We can work towards a safer Suffolk community with everyone’s
cooperation.
Most of us have seen these types of safety alerts from the
University regarding incidents that have occurred near campus. They
If you do not feel safe walking alone, you may contact the Suffolk
serve as a warning to us, of the multiple crimes that take place right
University Police Department’s escort service. They will walk with
outside our law school’s doors. Recently, we have heard accounts
you to and from any Suffolk University building, as well as the
from students regarding incidents of which they have been victim to
entrance of the Park Street T Station, Charles River Parking Garage,
enroute to or from the law school.
Sanford Parking Garage, Center Plaza Parking Garage, and the
In the coming weeks, Dicta will be reaching out to the student body Government Center T Station. You may request this service through
the LiveSafe App (download from the App Store or Google Play) or
to assess your personal sense of safety near or on school property in
you may call SUPD in advance at (617) 573-8333 and a uniformed
an effort to determine what, if anything, can be done to increase our
officer will meet you at your location.
overall sense of safety.
“At about 7:00p.m. two Suffolk University students were
PHOTO COURTSEY OF BOSTON GLOBE 9/25/16
Firefighters sprayed blood off the sidewalk after Sunday’s
early morning stabbing on Tremont Street in the Theater
Suffolk University Police (SUPD) and Security staff consists of:
28 full-time police officers
District. Seven people were wounded, police say.
8| February 2017
D I C T A
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9| February 2017
D I C T A
“Wisdom is knowing we are all One. Love is what it feels like and compassion is what it acts like”. –Ethan Walker III
when it becomes necessary. You have to power through as best you
can.
You're not always going to be your best, but you can try. I think that's
all anyone can ask of you. I am reminded of Maryland attorney, M.
Cristina Gutierrez (who many of you know as Adnan Syed’s first
lawyer from the Serial fame), who was disbarred, in part, as a result
of putting work before her failing health and mismanaging
cases. You fail your client when you fail yourself.
So how do you function in spite of yourself? You get out of bed. You
talk to people. You do what you need to do, not out of desire or duty
but out of necessity. You try your best to take care of yourself, even
when every ounce of your being says, "I can't." You find your support
both at home and at work. Our work is not done completely alone, nor
should it be. You don't have to martyr yourself for every case, but that
doesn't mean you shouldn't try your hardest. You talk to a counselor
Photo Courtesy of Odyssey Online
to try and figure out a plan to get through.
People's lives do depend on us, and as lawyers, we should not take
that lightly. I am not saying, "Be lazy! It's all pointless, so just wing it
By Ashley Malans, Head Copy Editor
and hope for the best!" I am saying that sometimes you have to fight,
and sometimes you have to walk away when the burden is too great.
It's not really a rare occurrence that any given semester is difficult for I don't know about you, but I've got a little more fight left in me.
a lot of students. I find myself in the midst of one of the most difficult
years on record, and I've found it incredibly hard to keep my work
separate from my personal life. I'm not going to lie, I've let myself
drop the ball at times.
So, I'm sure you're thinking, how are you going to tell us how to do
better when you have clearly not been doing better? Good question. I
don't have an answer for that yet, but I will try.
I think as lawyers we are often encouraged by a culture of overwork:
that unless we are sleepless and caffeine-fueled and smoking 4 packs
a day to cope—we aren't doing our jobs right. I think I have struggled
with this the most this semester, this guilt that I am not doing
everything for my clients, even though I'm doing the best to my
ability given my physical and mental health this year.
What I think I've learned is that you have to learn your own limits.
You have to know yourself well enough to not take on what you
cannot finish. You have to admit to yourself that you need help. You
have to seek that help, be it from colleagues or elsewhere. You have
to be upfront with your clients about what you can do and step back
Photo courtesy of buzzfeed.com
How To Function In Spite Of Yourself
10 | F e b r u a r y 2 0 1 7
D I C T A
Forget yesterday – it has already forgotten you.
Don’t sweat tomorrow – you haven’t even met.
Instead, open your eyes and your heart to a
truly precious gift – Today.
--Steve Maraboli
Update on DAPL
By: Rachel Seed, Staff Writer
What’s been done?
Months and countless protests
have passed, but DAPL is still making
news, which for a law student and
particularly anyone interested in Federal
Indian Law, has been history in the
making.
Last year, the Standing Rock Sioux
Tribe sued the United States Army Corps
of Engineers to block the approval and
construction of the Dakota Access
Pipeline (DAPL). DAPL is a $3.7billion
project which would carry 470,000 barrels
of oil daily from North Dakota to Illinois.
Both the company behind the pipeline,
Energy Transfer, and President Trump,
insist that the pipeline will boost local
economies and create thousands of jobs.
However, the Sioux Nation views
the pipeline, or the “black snake,” as they
refer to it, as an “encroachment onto their
national heritage,” as well as a threat to
their main water source. Though the
pipeline runs half a mile outside of the
reservation, the Tribe emphasizes that it
would destroy sites of historical and
cultural significance.
As a result, the Sioux Nation filed
a Motion for Preliminary Injunction back
in September of last year. The Complaint
articulated that DAPL would threaten their
“environmental and economic wellbeing,
as well their cultural resources.”
Normally, domestic oil pipelines do not
require general approval from the federal
government, and DAPAL was no
exception (because 99% of its route is
beneath private land).
However, construction activates in
federally regulated waters, as is the case
here, need to be allowed under a permit.
DAPL activities were permitted under
Nationwide Permit 12, but the Sioux
Nation alleges that the U.S. Army Corps
of Engineers violated multiple federal
statutes including the National
environmental Policy Act; the Clean
Water Act, and the National Historical
Preservation Act, in doing so.
http://cdn.inquisitr.com/wp-content/uploads/2016/
https://www.colorlines.com/sites/default/files/styles
Judge James Boasberg, who has
been the presiding judge over this case,
denied the injunction on the grounds that
the Tribe failed to meet its burden to
demonstrate that the court could “prevent
damage to their cultural resources by
enjoining the DAPL-related permitting.”
By mid-November, the
Department of Justice, Department of the
Interior and Department of the Army said
DAPL would not be authorized until it
was determined whether reconsideration
was needed over previous decisions
regarding the Lake Oahe site (part of the
Missouri River System) under the
National Environmental Policy Act
(NEPA) and other applicable statutes. As
of early December the project had been
halted, much to the Tribes’ and protestor’s
relief.
Just this past week, Judge
Boasberg denied a request by the Sioux
and other tribes, seeking a temporary
restraining order to halt construction of the
final link in the pipeline. They argue that
“tribal officials hadn't been properly
consulted and that cultural sites were in
immediate peril.”
Another hearing is scheduled for
Feb. 27, as the Tribes seek another
injunction ordering the Army Corps to
withdraw the easement.
Moving Forward
Just how safe are pipelines?
What Now?
On January 24th of this year,
President Trump signed a memo calling
for the expedited review and approval of
the construction and operation of DAPL,
including the grant of a final easement. He
also approved permits under the Clean
Water Act and the Rivers and Harbors
Act. President Trump expressed his belief
that “[the] construction and operation of
[a] lawfully permitted pipeline
infrastructure serve[s] the national
interest.”
At this time, the pipe only needs
to cross beneath Lake Oahe, to connect a
final 1,100foot gap in the 1,170-mile pipeline.
http://cdn.countercurrentnews.com/
The federal Pipeline and
Hazardous Materials Safety
Administration as well as most pipeline
companies maintain their safety records,
stating that “it is far safer to move oil and
natural gas in an underground pipe than in
rail cars or trucks, which can crash and
create huge fires.
However, in 2013 a Tesoro
Logistics pipeline in North Dakota broke
and spilled 865,000 gallons of oil, while in
2010, an Enbridge Energy pipeline spilled
more than 843,000 gallons into the
Kalamazoo River, resulting in a cleanup
that lasted years and cost more than a
billion dollars. Furthermore, a 2012
examination of pipeline safety reported
that more than half of the country’s
pipelines were at least 50 years old.
Regardless, it would seem that this
administration’s policy on transporting oil
11 | F e b r u a r y 2 0 1 7
D I C T A
is a “pick your poison” type scenario in
regards to environmental and human risks.
“A pipeline is the cheapest and quickest
method of doing the job.
http://www.commondreams.org/site
What can you do to help?
Sign a Petition
https://www.change.org/p/stop-the-dakota-accesspipeline
Send supplies
http://sacredstonecamp.org/supply-list/
http://sacredstonecamp.org/faq/#camping
https://www.amazon.com/registry/wishlist/196PVIWRD
X1M4?tag=thehuffingtop-20
Donate to Protestors’ Legal Defense Fund
https://fundrazr.com/d19fAf
Call
North Dakota Gov. Jack Dalrymple, at 701-328-2200.
The White House, at 202-456-1111.
Energy Transfer Partners, the pipeline owner ― Lee
Hanse, executive vice president, 210-403-6455;
Glenn Emery, vice president, 210-403-6762; Michael
(Cliff) Waters, lead analyst, 713-989-2404.
Army Corps of Engineers, which issued the permit
allowing construction of the pipeline, even though it
would cross under the Missouri River within a half-mile
of the Sioux reservation boundary, at 202-761-5903
12 | F e b r u a r y 2 0 1 7
D I C T A
13 | F e b r u a r y 2 0 1 7
D I C T A
Boston Youth Activists Demand Increased Job Funding and Juvenile
Criminal Justice Reform
(Photo Credit: David Feldman)
"The Youth Job Coalition is asking Gov. Charlie Baker for $13.4 million to fund 5,000 year-round youth
jobs. The group is also asking for the criminal records of youth offenders to be expunged once they turn
18 years old," Bodden, Shawn, WBUR News: Boston. WBUR News: Boston, 23 Feb. 2017. Web. 27 Feb. 2017
14 | F e b r u a r y 2 0 1 7
D I C T A
Immigration Law Forum
Immigration Law Forum:
From Left to Right
Kathy Sparaco; Ragini Shal; Jean Joyce-Brady
Letter to the Editor
To The Editor,
I am very pleased to learn that Dicta is being revived, and wish you
every success in publishing articles and information of interest to the
Law School community. There are always issues arising that affect
our students’ experience here that deserve to be aired by the press. If
your reporters ask around you will find them, and I hope your articles
will provide useful information to the student body, faculty, and
administration. Such issues may be about the curriculum, about
clinical and pro bono activities, journals and moot court activities,
about faculty and student activities, about academic regulations,
alumni activities and many other issues.
Dicta can also be a forum for opinions on matters of interest to the
Law School community and the wider world as well.
Faculty can also contribute articles about initiatives under
consideration, their own work, and other matters. You should not be
shy about approaching faculty members to help as well in reviving
this important source for news and constructive community
discussion.
“Bon chance.” I look forward to reading Dicta again. Professor, Joe
Glannon
A Word From The
President
Daniel Hahn, Suffolk University Law
School Student Bar Association (SBA)
President
-Surviving the hardest part of the yearI was thinking about what to write—
what topic I could go into that might be
helpful from a 3L perspective—but there has
just been so much else to worry about that it
has been hard to
find the time.
Clinic on one
hand, the SBA on
the other, work,
classes, and all
that balanced with
whatever kind of
life, if any, I’m
trying to have
outside of school;
it’s a lot.
Of course, I don’t
have to tell any of
you that. We’ve got our folks on Journal out
here. We’ve got our avid club members.
We’ve got people applying to FYSIP, looking
for summer internships, and getting ready for
the next trial competition; if there’s ever been
a community that I don’t have to explain
being busy to, that community is Suffolk
Law. That is exactly what I want to talk
about: being busy. Being busy during the
hardest time of the year, to be specific, and I
really do think these next few weeks leading
up to Spring Break are the hardest time of the
academic year.
15 | F e b r u a r y 2 0 1 7
Consider this with me: it’s far enough
into classes that grades are going to start to
matter. We can’t be getting behind on
reading. Can’t be falling behind on those
weekly quizzes (if you’re in the unfortunate
collection of folks who have those), and we
have to start thinking about getting started on
those outlines for our finals. We’re in the
thick of it, but neither are we close to the end.
We are looking for summer jobs and
internships but far enough away where we
won’t be hearing back for a few weeks. This
is the period of
just far enough to worry but not far enough to
have any resolutions. Now, sure finals are
tough, but I’ll take a week-of-preparationfollowed-up-with-a-test over a few-weeks-ofwondering-if-I-need-to-start-looking-for-anew-apartment-because-my-landlord-mightdecide-to-raise-next-year’s-rent, any day.
This is the toughest part of the year
because now is when the work is due. Now is
when we need to get focused and balance out
our lives, but it won’t be until much later
when any of that pays off. It’s easy to let all
this stress get to us. It’s easy to start to fray a
bit at the edges and find it harder and harder
to get up out of bed and get to class, or to our
morning job, or onto the T, or what have you.
But let me tell you, from a 3L getting ready to
D I C T A
graduate who is just as busy as you and who
understands completely: it gets better.
I want to stress here that I’m saying
better, not easier. The work doesn’t really
stop coming. It doesn’t get any more pleasant
waking up, chugging coffee, and getting out
the door (feel free to insert whatever order of
morning ritual plus transit applies to you). But
it does get better.
There’s something about being in this
community as the year wears on that first
feels exhausting but then it gets comfortable.
It becomes a routine. Trust me when I say
teachers feel it too, administration feels it too,
and it’s like this bubble that builds and builds
and right around now it bursts and it feels like
we’re all the most stressed we’ve ever been,
and we’re all alone in being the most stressed
we’ve ever been, and we just need a break
now and can’t go on but we do.
I saw it 1L year. I saw it 2L year. And
I feel it now in 3L year. Law school is hard.
Law school is a major strain on us not only
academically but socially and mentally. But
every year around this time, just when it feels
like it’s as hard as it will get and those
thoughts start churning of “maybe this wasn’t
for me,” we break through and we just keep
going.
One of my good friends in 1L year—
and during this time when we were all feeling
the Stress (the stress, as in proper noun,
capital ‘s’, kick your ass kind of stress)—had
made a comment that really stuck with me
about dealing with the stress: we’re not made
of glass. I think about that a lot when
deadlines start piling up and responsibilities
start to feel impossible to manage. We can
bend and adjust without breaking, we aren’t
glass, and just because we have these hard
moments doesn’t mean we aren’t cut out for
this experience.
This is the hardest time of the year.
Too late to push anything off and too soon to
expect any results; but it doesn’t last forever.
Each year, in my experience, this mid-spring
semester season of stress comes on hard. But
without fail, each year it has also evaporated
as quickly as it has come. There’s something
about being in a community where every
member is straining as hard as they can that
can actually make the strain seem not so bad
after all.
So, while I certainly can’t do anything
for your workload, nor can I tell anyone if
their summer job will pan out, I can say:
things will get better, and I hope that is at
least a little bit of help.
16 | F e b r u a r y 2 0 1 7
D I C T A
17 | F e b r u a r y 2 0 1 7
D I C T A
Suffolk Law School
Academic Calendar
MARCH
13-17 Monday - Friday
Spring recess
17
MONDAY
Patriots Day - University Holiday
18
TUESDAY
Monday class schedule
22
SATURDAY
Class make-up day
26
WEDNESDAY
Spring 2017 classes end
Dear students, staff, faculty, colleagues, and
administrators:
APRIL
27-28 Thursday - Friday
Reading days
1
MONDAY
Spring 2017 examinations begin
10
WEDNESDAY
Spring 2017 examinations end
11
THURSDAY
Examination make-up day
MAY
20-21 Saturday - Sunday
Commencement weekend
22
MONDAY
Summer session begins
29
MONDAY
Memorial Day - University
Holiday
Suffolk Law School
Calendar of Events
We are pleased to share that Dicta is expanding
rapidly in terms of student/faculty interest,
newspaper content variety, staff writers, board
members, and media outreach (online website/print
editions, twitter @SuffolkDicta, Facebook etc.).
In fact, Dicta’s February Edition will be available
on Tuesday, February 28th on our new, mobilefriendly, website:
www.TheSuffolkLawPaper.com
Furthermore, Dicta is proud to announce that we
are going back to print in April. At its core, the
2016-2017 academic year has been largely about
restoring Dicta to its former glory by way of
encouraging student and faculty involvement, as
well as joining arms with various organizations
surrounding Suffolk Law School.
Dicta was established more than 40 years ago by
law students, was the winner of several awards, and
enjoyed a tremendous degree of prestige. However,
over the years, Dicta’s vision was forgotten. To that
end, we are in the process of reaffirming our vision,
presence, and purpose this academic year.
With a newfound interest, constitution, energetic
staff, and proactive approach, it is our ultimate goal
to ensure its place for generations to come. Our goal
here is to reach beyond Suffolk Law’s walls. Rather
than simply making a comeback, Dicta is aiming to
roar back, exhibiting fresh qualities of resilience and
vigor.
Wednesday, March 1
All Day -
Due date to petition for Division Transfer
12:00 AM - 12:00 AM Concentration Completion Forms Due
5:00 PM - 8:00 PM
Rhode Island Alumni Reception
6:00 PM - 8:00 PM
Diversity Dinner
Thursday, March 2
5:00 PM - 6:00 PM
Transgender People and the Law
6:00 PM - 8:00 PM
Clark Appellate Advocacy Competition Final
7:30 PM - 11:00 PM
Moot Court: Clark Competition Reception
Tuesday, March 7
6:00 PM - 8:00 PM
Holler Law Firm Lecture
Reviving Suffolk Law School’s only newspaper
means that we need, students alumni, faculty, and
administrators to submit letters to the editor and
articles for publication. Dicta is happy to print, or
post on our website, all in-house announcements or
advertisements for Suffolk clubs, organizations, and
law-school related events.
With that in mind, we invite you all to check out
our website:www.TheSuffolkLawPaper.com check
out our online edition on February 28th, be on the
lookout for our printed edition in April and consider
contributing to Dicta to bolster the sense of
community a small law school needs to thrive. Once
you have viewed it, we ask that you share with your
friends, family, and colleagues—near or far,
wherever they are, and ask them to further share for
it takes a village to reach our ultimate goals of
restoration.
Yours truly,
The Publishing Board of Dicta
Crossword Answers: DOWN 1. Thurgoodmarshall 2.littlerocknine
3.JamesWeldonJohnson 6.Johnrock 7.Carterwoodson
9.Samuellowery ACROSS 4.HattieMcDaniel 5. MadamecjWalker
9.Freemensbureau 10.ThomasVReelandJones 11. RosaParks
February 2017
The State House Across from Suffolk as seen in The Departed. (Alison Farquhar/Dicta)
What The Departed Got Right About Boston
By Alison Farquhar, Staff Writer
Bostonian, but the acting, directing, and
writing was overall superb. Its depiction
Cambridge native Casey
of the houses and lesser-known buildings
Affleck won Best Actor at this year’s
of Boston felt authentic as well, and
Academy Awards for his role in
provided a look at Boston beyond just
Manchester-by-the-Sea, a film set in
the iconic sights of the town and the
the namesake coastal town in
Irish-American non-rhotic stereotype
northeastern Massachusetts.
that some other films sets in The Hub
Massachusetts’ film legacy includes
fail to move beyond.
numerous critically-acclaimed films,
For example, we see Costigan
including last year’s big Oscar winner
several times inside and on the top porch
Spotlight, 1990s favorite Good Will
of his three-decker, Sullivan walks up
Hunting, and 2006 Best Picture
the back entrance of the State Police
winner, Martin Scorsese’s The
building on Staniford Street and
Departed.
Merrimac, and later, Costigan meets
Based loosely on the life and
Dignam (Mark Wahlberg) and Queenan
times of Boston organized crime leader
(Martin Sheen) under the Neponset
James “Whitey” Bulger, The Departed
Bridge on the Dorchester side. A scene
follows two Massachusetts State Police
set in Costello's condo on Boston Harbor
officers, corrupt Detective Colin
provides a memorable and dark
Sullivan (Matt Damon), and
perspective on the scenic stretch near
undercover trooper William Costigan
Boston Harbor Hotel, and later, a chase
(Leonardo DiCaprio), both
sequence through back-alleys of
simultaneously working, to different
Chinatown highlights parts of the former
ends, for South Boston gangster
crime-ridden so-called “Combat Zone”.
Francis Costello (Jack Nicholson). The
Additionally, and most notably,
films features roles by Vera Farmiga,
the film touches on the social
Anthony Anderson, Martin Sheen,
consequences of recent events in Boston
Mark Wahlberg, and Alec Baldwin.
history, like the busing riots of the
Photo courtesy of Dicta Staff
SULS students may not realize it,
1970s, the expulsion of the Italianbut our law school lent a notable filming
American mob from the North End (and its
location for The Departed, and it is even
relocation to Providence, RI) of the 1980s,
Madden: When was the last time
referenced in character dialogue in the film: you checked?
and the Catholic church pedophilia scandal
of the 2000s. Issues of sexism,
Sullivan: Before I went to fuckin’
Madolyn Madden (Vera Farmiga): Suffolk!
homophobia, racism, religion, and the
Are you a Statie?
immigrant search of the American dream
Colin Sullivan: Yeah, I’m actually The 7th floor’s Corcoran Room lent the
are also raised. Anyone from eastern
going to law school also.
Massachusetts is likely to recognize and
view from the CGI-generated apartment
Madden: Suffolk? Nights?
identify with the themes that come up in
occupied by Sullivan in the film, with its
Sullivan: Well they don’t run
panoramic view of the Massachusetts State the film. The Departed genuinely captures
Harvard at night last time I checked.
Boston’s dark heart where other films set in
House providing a thematic and selfThe Hub do not, and is among the very best
referential backdrop to several scenes.
films about our town.
I loved The Departed, which feels
cliché as a Massachusetts native and a
2| February 2017
Trump vs. Freedom
of the Press
Elizabeth Green, Opinion Columnist
Photo Credits: Retrieved from Forbes.com on
February 21, 2017
On Friday, February 17, 2017, President
Donald J. Trump criticized the national
media by tweeting from his personal
Twitter account, “The FAKE NEWS
media (failing @nytimes, @NBCnews,
@ABC, @CBS, @CNN) is not my
enemy, it is the enemy of the American
people!” He had previously posted and
quickly deleted a similar tweet so he
could be sure to add CBS and ABC. He
didn’t delete it because he realized that
perhaps a sitting president should not be
attacking the press due to the First
Amendment of the U.S. Constitution, but
because he wanted to make sure that those
other news organizations were included.
The original post also concluded, in
typical Trump fashion, with one word:
“SICK!”
Americans and the world are well
aware that this is not unlike President
Trump. Trump has been extremely active
in the twitter-sphere for years and things
haven’t changed since his inauguration,
though I must admit I had hoped the
Secret Service (or just anybody) would
have taken his phone away from him after
he was sworn in. I’m not sure about how
you feel, dear reader, but it’s somewhat
worrisome that the President of the United
States is taking time out of what most
would imagine is a rather busy workday
to keep up an almost seamless stream of
twitter commentary about how unfairly he
and his administration are being treated
since taking office.
This particular tweet came just
one day after Trump held what could be
considered a rather combative and lengthy
press conference (over an hour.) Trump
D I C T A
addressed topics such as his views on
Russia, the first month of his
administration, and of course—his views
on the media. There is much to be
considered concerning some of the things
he said during this particular presser, but
alas—the focus of this column is on Mr.
Trump’s troublesome views about the
press.
Something that Americans and we
as law students know is that the First
Amendment of the Constitution bars
Congress from “abridging the freedom of
speech, or of the press…” Not only that,
but what Trump tweeted, declaring the
media as “the enemy of the American
people” is eerily similar to words used by
some of the worst “baddies” in modern
history—Vladimir Lenin, Joseph Stalin,
and of course Adolf Hitler. While the
term “enemy of the people” originated
back in Roman times, its current form is
Soviet-based terminology. A few months
shy of a century ago, Vladimir Lenin
coined the term “vrag naroda,” “enemy of
the people,” one month after taking power
of the Soviet Union on November 28,
1917. As leaders of the Soviet Union,
Lenin and Stalin both used this term to
justify the murder of millions of innocent
lives.
Photo courtesy of Businessinsider.com
This declaration also rings true to the term
adopted by Nazis during Hitler’s time in
power: Lügenpresse—“lying press.” This
was successfully implemented for their
propaganda against the Jewish population,
communists, and foreign press. I don’t
want to come off as pompous by stating
what I studied or what I have a degree in,
but I feel like it’s warranted for this
particular topic. Whilst studying for my
Masters in history, it was drilled into me
that to compare a modern-day person to
Hitler or the Nazis was an easy out…it’s
cheap, if that’s the right word. However,
in this particular instance it’s hard to get
around such a thing. The parallels
(concerning the press at the least) are
slapping us right in the face like a dead,
stinking fish and to be frank—I’m not
alone in saying that it’s frightening.
I don’t bring up these men to be
overly dramatic, but to simply draw
attention to how positively dangerous it is
for the President of the United States to be
so quick to make such a declaration. I get
it—he’s not a politician, he’s not wellspoken as most of his base will
continually say when any hint of
skepticism of the president is suspected.
However, I don’t accept that as an excuse
for this. I don’t believe I ever accepted
that as an excuse for the majority of what
has come out of this man’s mouth, to be
honest.
Photo courtesy of History.com
I’m uncertain what the future of
this administration will be, especially with
the continuing leaks being made
concerning Russia. Trump’s ongoing
battle with the press does not bode well
with me and many other Americans, but if
I let all of the worries I have fill my mind
I will go absolutely crazy. So to take
things one at a time, with this one being
the freedom of the press, I’ll look to the
words of some of America’s most
prominent historical figures for comfort.
Thomas Jefferson, one of the U.S.
Founding Fathers once said: “Our liberty
depends on the freedom of the press, and
that cannot be limited without being lost.”
John Adams wrote “the liberty of the
press is essential to the security of the
state.” I’ll finish this article with
something George Washington once
stated: “Freedom of speech is a principal
pillar of a free government: when this
support is taken away, the constitution of
a free society is dissolved.
_________________________________
"Donald J. Trump on Twitter". Twitter. Retrieved 2017-02-18.
"Donald J. Trump on Twitter". Twitter. Retrieved 2017-02-18.
Benedikt Sarnov,Our Soviet Newspeak: A Short Encyclopedia
of Real Socialism., Moscow: 2002, ISBN 5-85646-059-6
Nicolas Werth, Karel Bartošek, Jean-Louis Panné, Jean-Louis
Margolin, Andrzej Paczkowski, Stéphane Courtois, The Black
Book of Communism: Crimes, Terror, Repression, Harvard
University Press, 1999, hardcover, 858 pages, ISBN 0-67407608-7
Staying Woke: Why The Celebration of Black History Is So Important
By Nicholas Williams, Editor in Chief
“What is this…the 60s?” Mr. Shaun King says during a presentation he delivered at Suffolk University Law School. Inspired and in
awe at this incredibly knowledgeable writer of social justice, everyone sat on the edge of their chairs hungrily soaking up the knowledge and
lessons he was imparting to the very vast audience of law students and undergrad students. Shaun King is a journalist who, in addition to
being a very outspoken voice for justice reform, is also a formidable source of support for victims of consistent oppression; oppression that
comes in many colors, shapes, and forms. Police Brutality is one of the most well-known, well documented forms of oppression, but it is not
the only form of oppression as we’ve just seen in this recent presidential election.
3| February 2017
D I C T A
human rights. Shaun King’s presentation drove home a point that,
hopefully, everyone in the audience received with open minds and
hearts: for true change to happen, real action must first occur. Real
action goes beyond electing senators and representatives to congress
and presidency; real action begins here, at our schools, in our homes,
within our communities. Humanity has not changed since the
beginning of time. Humanity has fluctuated, had its highs and lows,
but to answer the pressing question posed above, it has not
significantly changed, at least not in a way that’s meaningful. It’s not
the 60s even though it might feel that way. Fact is we’ve never left the
60s behind—never evolved from that oppressive nature.
Electing Donald Trump to the highest office in this country
was not a mistake, nor was the country taken back 50 years. Mr.
Trump cleverly reawakened the inner humanity of America’s
conscience, so it can be no surprise that he won. As Shaun King
pointed out, with each new innovation, there is a drop in humanity.
The signing of the Emancipation Proclamation, the Civil War, the
Women Rights Movement, the Election of President Obama were all
new innovations that marked the beginning of a downward spiral in
humanity.
“Staying Woke”cont. from page 2.
Shaun King at Suffolk Law School on February 8, 2017
(Photo Credit: Nicholas Williams/Dicta)
Mr. King does a great job pointing out that one of the primary
reasons it feels as if we are still living in the 60s is because, contrary
to popular belief, humanity has not gotten better with time. Such is
especially true when in 2017 black people are still being incarcerated
at a higher percentage than their white counterparts for the same
crimes; when in 2017 black people are still cut off from the many
opportunities that their white counterparts have access to; when in
2017 black people are still targeted by police and find themselves
victims of police brutality; when in 2017 we can elect a man who has
vocally and visually exhibited misogynistic views to the highest office
in the land. Sitting here to type out everything that’s still wrong with
America in 2017 is equal to reading an American history book.
Considering all this, in celebrating black history we are not just
celebrating black people and their accomplishments, we are
celebrating the breakthroughs of our society. Celebrating black
history serves as a constant reminder of where our society and our
country were and where we should hope to steer further away from.
With consistent forms of oppression in modern day America, it is now
more important than ever to be reminded of America’s troubled but
not soon forgotten past; especially when it comes to issues relating to
Photo courtesy of Dailymail.com
In order to halt this downward spiral in humanity, one can
engage in celebration by way of acknowledging the past. Celebrate
black history and any other kind of history that documents and
illustrates the disregarded values of America that led to the
nationwide changes we see today. Together we can effectively
encourage people to stay woke, inspired, and consciously advocate for
the oppressed. Being that this is law school and we are all training to
be advocates, let us take the time to understand what being an
advocate in today’s society means. Reality is not black and white,
neither is justice, and neither is right and wrong. So come to terms
with the fact that humanity has only fluctuated and never reached the
mythical preferable peak where it is significantly better than past
generations. Then get involved and help clean up. Once again, if
better days are to come, real action must take place.
Sources: http://www.naacp.org/criminal-justice-fact-sheet/
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4| February 2017
D I C T A
Annual Diversity Dinner
“Around the World”
Buffet
Wednesday, March 1 at 6PM- Fifth Floor Commons
Come celebrate diversity and inclusion at Suffolk Law with a very special
and delicious “Around the World” buffet sponsored by:
The SBA Diversity Committee, several student affinity groups and the Dean
of Students Office.
Some insightful remarks will be given by our very own
Judge Isaac Borenstein
5| February 2017
Suffolk Law Library’s
New MCLE OnlinePass
Offers Never-Before-Seen
Access to Webcasts,
eBooks, and Professional
Development Plans
By Liza Rosenof, Legal Research
Librarian
Wedged inconspicuously in an alley
between Stoddard’s Fine Food & Ale and
the snazzy new restaurant, Yvonne’s—a
mere stone’s throw away from Suffolk
Law—lies the headquarters of a venerable
local institution you may not have heard
of: MCLE New England. This non-profit
organization, established in 1969, has
dedicated itself to providing
D I C T A
Massachusetts attorneys with training for
their continued professional growth.
Governed by a board of trustees and
assisted by curriculum advisory
committees addressing nine distinct areas
of legal practice, MCLE focuses its
mission on applied law, meaning
“practical, highly concrete training for
attorneys in the essential elements of
professional practice.”
Its more than 160 practice
manuals, written by experienced
practitioners with expertise in the
relevant field, adorn the desks and
bookshelves of law offices across the
region. Perhaps even more importantly,
MCLE regularly offers programming inperson and online—around 250 such
sessions annually—with upcoming
programs including “A Kaleidoscopic
Perspective on the Impact of Divorce,”
“Title Insurance for Commercial
Transactions,” and “Hanging Your
Shingle.” Attendance at these programs
usually costs between $150 and $300.
While these are great prices for what they
offer, it’s not exactly chump change for
most students and newly minted
attorneys. But do not despair; Suffolk
Law students now have unprecedented
access to MCLE’s various offerings.
The Law Library already had
access to MCLE’s vast collection of
practice guides online through Westlaw,
Lexis Advance, and Bloomberg Law, in
addition to about 100 publications in print
on reserve. Recently, though, the Law
Library negotiated with MCLE to provide
access to a veritable treasure trove of
materials through its OnlinePass,
including: all live MCLE webcasts (over
200 a year); unlimited online access to the
entire archive of MCLE on-demand
webcasts and downloadable mp3 audio
programs (over 500); unlimited access to
MCLE’s entire collection of practice
manuals both in a searchable online
library or as individual downloadable
eBooks; and, curated professional
development plans that take you unit by
unit through the fundamentals of a
particular practice area.
Rick Buckingham, Director of the Law
Library and Information Resources at
Suffolk, said, “We are very excited that
our students now have access to this
expanded suite of MCLE resources,
which we know attorneys throughout
New England value highly and use
regularly. These resources can help
students develop the practice-ready skills
that are crucial for new attorneys.”
To access the MCLE OnlinePass,
simply head to the Law Library website at
www.suffolk.edu/law/library. From there,
click “Research Databases” on the lower
left-hand side of the screen. Choose
“MCLE OnlinePass” from the list of
links. You can access the full subscription
at school and off-campus. Suffolk Law
alumni are welcome to access the
OnlinePass when they visit the Law
Library.
If you have any questions, contact
the Reference Desk at
lawref@suffolk.edu or 617-5738516.
Once a man has made a commitment to a way of life,
He puts the greatest strength in the world behind him.
It's something we call heart power.
Once a man has made this commitment, nothing will stop him short of success.
-Vince Lombardi
6| February 2017
D I C T A
Dicta Executive Board
Nicholas Williams
Editor-in-Chief
Samantha LeBrun
Managing Editor
Keicha Mora
Secretary
Ashley Malans
Head Copy Editor
Stephanie Herbello
News Editor
Alison Farquhar
Copy Editor
Elizabeth Green
Opinion Columnist
David Feldman
Layout Editor/Director of Public Relations
Staff Writers:
Kierra MacDougall
Desiree Tembo
Rachel Seed
Bayley Weese
A school newspaper of the people, by the people, and for the people. Dicta is your source for news, stories and opinions of immediate concern
to the Suffolk Law student body. The content we provide is a reflection of the community involvement we all crave but don’t have the time to
enjoy. So speak up by reading and contributing to Dicta!
Dicta is the official student newspaper of the Suffolk Law School community, existing solely to help foster a sense of community through
communication. The goal of Dicta is to educate, inform, enlighten, and entertain the student body through outstanding reporting and editorials
on news, events, trends, sports, arts, food, and popular culture. The opinions and views expressed in Dicta are not necessarily those of the
Dicta staff and are not the opinions of Suffolk University Law School or the student body. Suffolk Law School students control and conduct
all facets of this paper. Dicta does not discriminate against any persons and complies with the university policies concerning equality. Dicta
encourages students, alumni, faculty, and administrators to submit letters to the editor and articles for publication. Submissions should include
the author’s name, class and/or position at the university or in the community. Dicta reserves the right to edit and publish all submissions.
Anonymous submissions will not be published.
Sometimes you will never know the
value of a moment until it becomes a
memory. --Theodor Seuss Geisel
Hardship often prepare ordinary people
for an extraordinary destiny.
--C.S. Lewis
7| February 2017
D I C T A
SUFFOLK UNIVERSITY ALERT: COMMUNITY ADVISORY
By Desiree Tembo, Staff Writer
30 full-time security officers
5 full-time non-sworn dispatchers
manager of campus card services
systems administrator
office coordinator
student security workers
Photo courtesy of The Suffolk Voice
“The Boston Police are investigating stabbings at Tremont Street
and Stuart St. Please stay away from the area.” –09/25/16
“The Citizens Bank on the first floor of 73 Tremont St has just been
robbed. Please avoid police presence in front of the building. Party
fled the area.” –10/06/16
Suffolk University police
officers wear dark blue
shirts, have a Suffolk
University Police badge,
and wear the seal of the
Commonwealth of
Massachusetts on their collar. They carry a baton and
pepper spray. Suffolk University security officers wear light
blue shirts and have a Suffolk University Security badge.
They do not carry weapons or pepper spray.
-Courtesy of Suffolk University Police Website
We understand it can be very difficult for a person who is a victim,
accosted by two individuals at the corner of West Street and observes, or has knowledge of a criminal act to report it to the
authorities. However, in the event of an emergency situation we ask
Mason Street. One of the individuals stated that he had a
that you immediately contact the SUPD by calling 617-573-8111 or
gun and proceeded to rob one of the students. The
you may also call 911 to reach the Boston Police Department. If it is a
individual did not show a gun. The two individuals fled
non-emergency safety related matter, you can report it to the SUPD
away from West Street on Mason Street. SUPD and Boston by calling 617-573-8333.
PD were unable to locate the individuals.”—11/15/16.
We can work towards a safer Suffolk community with everyone’s
cooperation.
Most of us have seen these types of safety alerts from the
University regarding incidents that have occurred near campus. They
If you do not feel safe walking alone, you may contact the Suffolk
serve as a warning to us, of the multiple crimes that take place right
University Police Department’s escort service. They will walk with
outside our law school’s doors. Recently, we have heard accounts
you to and from any Suffolk University building, as well as the
from students regarding incidents of which they have been victim to
entrance of the Park Street T Station, Charles River Parking Garage,
enroute to or from the law school.
Sanford Parking Garage, Center Plaza Parking Garage, and the
In the coming weeks, Dicta will be reaching out to the student body Government Center T Station. You may request this service through
the LiveSafe App (download from the App Store or Google Play) or
to assess your personal sense of safety near or on school property in
you may call SUPD in advance at (617) 573-8333 and a uniformed
an effort to determine what, if anything, can be done to increase our
officer will meet you at your location.
overall sense of safety.
“At about 7:00p.m. two Suffolk University students were
PHOTO COURTSEY OF BOSTON GLOBE 9/25/16
Firefighters sprayed blood off the sidewalk after Sunday’s
early morning stabbing on Tremont Street in the Theater
Suffolk University Police (SUPD) and Security staff consists of:
28 full-time police officers
District. Seven people were wounded, police say.
8| February 2017
D I C T A
Conveniently located next door to Suffolk Law School
on food at
and
with your Suffolk Law ID
Hours: Mon-Sun 10am-2am
Craft beers, specialty cocktails, billiard tables, and
19 HD televisions for the best study break spot
Open late! Eat til 1am and drink til 2am 7 nights a
week, whatever the weather
Live music entertainment and promotions every
weekend for Brunch
Hours:
Mon-Fri 7:30-4
Sat 9-4
Sun 9-2
Open for full sit-down breakfast and coffee with full
bar at Ziggy's every morning
Ziggy's now offers grab and go sandwiches...
Great deal at $
for a huge gourmet
sandwich, bag of Cape Cod chips, and a can of soda
9| February 2017
D I C T A
“Wisdom is knowing we are all One. Love is what it feels like and compassion is what it acts like”. –Ethan Walker III
when it becomes necessary. You have to power through as best you
can.
You're not always going to be your best, but you can try. I think that's
all anyone can ask of you. I am reminded of Maryland attorney, M.
Cristina Gutierrez (who many of you know as Adnan Syed’s first
lawyer from the Serial fame), who was disbarred, in part, as a result
of putting work before her failing health and mismanaging
cases. You fail your client when you fail yourself.
So how do you function in spite of yourself? You get out of bed. You
talk to people. You do what you need to do, not out of desire or duty
but out of necessity. You try your best to take care of yourself, even
when every ounce of your being says, "I can't." You find your support
both at home and at work. Our work is not done completely alone, nor
should it be. You don't have to martyr yourself for every case, but that
doesn't mean you shouldn't try your hardest. You talk to a counselor
Photo Courtesy of Odyssey Online
to try and figure out a plan to get through.
People's lives do depend on us, and as lawyers, we should not take
that lightly. I am not saying, "Be lazy! It's all pointless, so just wing it
By Ashley Malans, Head Copy Editor
and hope for the best!" I am saying that sometimes you have to fight,
and sometimes you have to walk away when the burden is too great.
It's not really a rare occurrence that any given semester is difficult for I don't know about you, but I've got a little more fight left in me.
a lot of students. I find myself in the midst of one of the most difficult
years on record, and I've found it incredibly hard to keep my work
separate from my personal life. I'm not going to lie, I've let myself
drop the ball at times.
So, I'm sure you're thinking, how are you going to tell us how to do
better when you have clearly not been doing better? Good question. I
don't have an answer for that yet, but I will try.
I think as lawyers we are often encouraged by a culture of overwork:
that unless we are sleepless and caffeine-fueled and smoking 4 packs
a day to cope—we aren't doing our jobs right. I think I have struggled
with this the most this semester, this guilt that I am not doing
everything for my clients, even though I'm doing the best to my
ability given my physical and mental health this year.
What I think I've learned is that you have to learn your own limits.
You have to know yourself well enough to not take on what you
cannot finish. You have to admit to yourself that you need help. You
have to seek that help, be it from colleagues or elsewhere. You have
to be upfront with your clients about what you can do and step back
Photo courtesy of buzzfeed.com
How To Function In Spite Of Yourself
10 | F e b r u a r y 2 0 1 7
D I C T A
Forget yesterday – it has already forgotten you.
Don’t sweat tomorrow – you haven’t even met.
Instead, open your eyes and your heart to a
truly precious gift – Today.
--Steve Maraboli
Update on DAPL
By: Rachel Seed, Staff Writer
What’s been done?
Months and countless protests
have passed, but DAPL is still making
news, which for a law student and
particularly anyone interested in Federal
Indian Law, has been history in the
making.
Last year, the Standing Rock Sioux
Tribe sued the United States Army Corps
of Engineers to block the approval and
construction of the Dakota Access
Pipeline (DAPL). DAPL is a $3.7billion
project which would carry 470,000 barrels
of oil daily from North Dakota to Illinois.
Both the company behind the pipeline,
Energy Transfer, and President Trump,
insist that the pipeline will boost local
economies and create thousands of jobs.
However, the Sioux Nation views
the pipeline, or the “black snake,” as they
refer to it, as an “encroachment onto their
national heritage,” as well as a threat to
their main water source. Though the
pipeline runs half a mile outside of the
reservation, the Tribe emphasizes that it
would destroy sites of historical and
cultural significance.
As a result, the Sioux Nation filed
a Motion for Preliminary Injunction back
in September of last year. The Complaint
articulated that DAPL would threaten their
“environmental and economic wellbeing,
as well their cultural resources.”
Normally, domestic oil pipelines do not
require general approval from the federal
government, and DAPAL was no
exception (because 99% of its route is
beneath private land).
However, construction activates in
federally regulated waters, as is the case
here, need to be allowed under a permit.
DAPL activities were permitted under
Nationwide Permit 12, but the Sioux
Nation alleges that the U.S. Army Corps
of Engineers violated multiple federal
statutes including the National
environmental Policy Act; the Clean
Water Act, and the National Historical
Preservation Act, in doing so.
http://cdn.inquisitr.com/wp-content/uploads/2016/
https://www.colorlines.com/sites/default/files/styles
Judge James Boasberg, who has
been the presiding judge over this case,
denied the injunction on the grounds that
the Tribe failed to meet its burden to
demonstrate that the court could “prevent
damage to their cultural resources by
enjoining the DAPL-related permitting.”
By mid-November, the
Department of Justice, Department of the
Interior and Department of the Army said
DAPL would not be authorized until it
was determined whether reconsideration
was needed over previous decisions
regarding the Lake Oahe site (part of the
Missouri River System) under the
National Environmental Policy Act
(NEPA) and other applicable statutes. As
of early December the project had been
halted, much to the Tribes’ and protestor’s
relief.
Just this past week, Judge
Boasberg denied a request by the Sioux
and other tribes, seeking a temporary
restraining order to halt construction of the
final link in the pipeline. They argue that
“tribal officials hadn't been properly
consulted and that cultural sites were in
immediate peril.”
Another hearing is scheduled for
Feb. 27, as the Tribes seek another
injunction ordering the Army Corps to
withdraw the easement.
Moving Forward
Just how safe are pipelines?
What Now?
On January 24th of this year,
President Trump signed a memo calling
for the expedited review and approval of
the construction and operation of DAPL,
including the grant of a final easement. He
also approved permits under the Clean
Water Act and the Rivers and Harbors
Act. President Trump expressed his belief
that “[the] construction and operation of
[a] lawfully permitted pipeline
infrastructure serve[s] the national
interest.”
At this time, the pipe only needs
to cross beneath Lake Oahe, to connect a
final 1,100foot gap in the 1,170-mile pipeline.
http://cdn.countercurrentnews.com/
The federal Pipeline and
Hazardous Materials Safety
Administration as well as most pipeline
companies maintain their safety records,
stating that “it is far safer to move oil and
natural gas in an underground pipe than in
rail cars or trucks, which can crash and
create huge fires.
However, in 2013 a Tesoro
Logistics pipeline in North Dakota broke
and spilled 865,000 gallons of oil, while in
2010, an Enbridge Energy pipeline spilled
more than 843,000 gallons into the
Kalamazoo River, resulting in a cleanup
that lasted years and cost more than a
billion dollars. Furthermore, a 2012
examination of pipeline safety reported
that more than half of the country’s
pipelines were at least 50 years old.
Regardless, it would seem that this
administration’s policy on transporting oil
11 | F e b r u a r y 2 0 1 7
D I C T A
is a “pick your poison” type scenario in
regards to environmental and human risks.
“A pipeline is the cheapest and quickest
method of doing the job.
http://www.commondreams.org/site
What can you do to help?
Sign a Petition
https://www.change.org/p/stop-the-dakota-accesspipeline
Send supplies
http://sacredstonecamp.org/supply-list/
http://sacredstonecamp.org/faq/#camping
https://www.amazon.com/registry/wishlist/196PVIWRD
X1M4?tag=thehuffingtop-20
Donate to Protestors’ Legal Defense Fund
https://fundrazr.com/d19fAf
Call
North Dakota Gov. Jack Dalrymple, at 701-328-2200.
The White House, at 202-456-1111.
Energy Transfer Partners, the pipeline owner ― Lee
Hanse, executive vice president, 210-403-6455;
Glenn Emery, vice president, 210-403-6762; Michael
(Cliff) Waters, lead analyst, 713-989-2404.
Army Corps of Engineers, which issued the permit
allowing construction of the pipeline, even though it
would cross under the Missouri River within a half-mile
of the Sioux reservation boundary, at 202-761-5903
12 | F e b r u a r y 2 0 1 7
D I C T A
13 | F e b r u a r y 2 0 1 7
D I C T A
Boston Youth Activists Demand Increased Job Funding and Juvenile
Criminal Justice Reform
(Photo Credit: David Feldman)
"The Youth Job Coalition is asking Gov. Charlie Baker for $13.4 million to fund 5,000 year-round youth
jobs. The group is also asking for the criminal records of youth offenders to be expunged once they turn
18 years old," Bodden, Shawn, WBUR News: Boston. WBUR News: Boston, 23 Feb. 2017. Web. 27 Feb. 2017
14 | F e b r u a r y 2 0 1 7
D I C T A
Immigration Law Forum
Immigration Law Forum:
From Left to Right
Kathy Sparaco; Ragini Shal; Jean Joyce-Brady
Letter to the Editor
To The Editor,
I am very pleased to learn that Dicta is being revived, and wish you
every success in publishing articles and information of interest to the
Law School community. There are always issues arising that affect
our students’ experience here that deserve to be aired by the press. If
your reporters ask around you will find them, and I hope your articles
will provide useful information to the student body, faculty, and
administration. Such issues may be about the curriculum, about
clinical and pro bono activities, journals and moot court activities,
about faculty and student activities, about academic regulations,
alumni activities and many other issues.
Dicta can also be a forum for opinions on matters of interest to the
Law School community and the wider world as well.
Faculty can also contribute articles about initiatives under
consideration, their own work, and other matters. You should not be
shy about approaching faculty members to help as well in reviving
this important source for news and constructive community
discussion.
“Bon chance.” I look forward to reading Dicta again. Professor, Joe
Glannon
A Word From The
President
Daniel Hahn, Suffolk University Law
School Student Bar Association (SBA)
President
-Surviving the hardest part of the yearI was thinking about what to write—
what topic I could go into that might be
helpful from a 3L perspective—but there has
just been so much else to worry about that it
has been hard to
find the time.
Clinic on one
hand, the SBA on
the other, work,
classes, and all
that balanced with
whatever kind of
life, if any, I’m
trying to have
outside of school;
it’s a lot.
Of course, I don’t
have to tell any of
you that. We’ve got our folks on Journal out
here. We’ve got our avid club members.
We’ve got people applying to FYSIP, looking
for summer internships, and getting ready for
the next trial competition; if there’s ever been
a community that I don’t have to explain
being busy to, that community is Suffolk
Law. That is exactly what I want to talk
about: being busy. Being busy during the
hardest time of the year, to be specific, and I
really do think these next few weeks leading
up to Spring Break are the hardest time of the
academic year.
15 | F e b r u a r y 2 0 1 7
Consider this with me: it’s far enough
into classes that grades are going to start to
matter. We can’t be getting behind on
reading. Can’t be falling behind on those
weekly quizzes (if you’re in the unfortunate
collection of folks who have those), and we
have to start thinking about getting started on
those outlines for our finals. We’re in the
thick of it, but neither are we close to the end.
We are looking for summer jobs and
internships but far enough away where we
won’t be hearing back for a few weeks. This
is the period of
just far enough to worry but not far enough to
have any resolutions. Now, sure finals are
tough, but I’ll take a week-of-preparationfollowed-up-with-a-test over a few-weeks-ofwondering-if-I-need-to-start-looking-for-anew-apartment-because-my-landlord-mightdecide-to-raise-next-year’s-rent, any day.
This is the toughest part of the year
because now is when the work is due. Now is
when we need to get focused and balance out
our lives, but it won’t be until much later
when any of that pays off. It’s easy to let all
this stress get to us. It’s easy to start to fray a
bit at the edges and find it harder and harder
to get up out of bed and get to class, or to our
morning job, or onto the T, or what have you.
But let me tell you, from a 3L getting ready to
D I C T A
graduate who is just as busy as you and who
understands completely: it gets better.
I want to stress here that I’m saying
better, not easier. The work doesn’t really
stop coming. It doesn’t get any more pleasant
waking up, chugging coffee, and getting out
the door (feel free to insert whatever order of
morning ritual plus transit applies to you). But
it does get better.
There’s something about being in this
community as the year wears on that first
feels exhausting but then it gets comfortable.
It becomes a routine. Trust me when I say
teachers feel it too, administration feels it too,
and it’s like this bubble that builds and builds
and right around now it bursts and it feels like
we’re all the most stressed we’ve ever been,
and we’re all alone in being the most stressed
we’ve ever been, and we just need a break
now and can’t go on but we do.
I saw it 1L year. I saw it 2L year. And
I feel it now in 3L year. Law school is hard.
Law school is a major strain on us not only
academically but socially and mentally. But
every year around this time, just when it feels
like it’s as hard as it will get and those
thoughts start churning of “maybe this wasn’t
for me,” we break through and we just keep
going.
One of my good friends in 1L year—
and during this time when we were all feeling
the Stress (the stress, as in proper noun,
capital ‘s’, kick your ass kind of stress)—had
made a comment that really stuck with me
about dealing with the stress: we’re not made
of glass. I think about that a lot when
deadlines start piling up and responsibilities
start to feel impossible to manage. We can
bend and adjust without breaking, we aren’t
glass, and just because we have these hard
moments doesn’t mean we aren’t cut out for
this experience.
This is the hardest time of the year.
Too late to push anything off and too soon to
expect any results; but it doesn’t last forever.
Each year, in my experience, this mid-spring
semester season of stress comes on hard. But
without fail, each year it has also evaporated
as quickly as it has come. There’s something
about being in a community where every
member is straining as hard as they can that
can actually make the strain seem not so bad
after all.
So, while I certainly can’t do anything
for your workload, nor can I tell anyone if
their summer job will pan out, I can say:
things will get better, and I hope that is at
least a little bit of help.
16 | F e b r u a r y 2 0 1 7
D I C T A
17 | F e b r u a r y 2 0 1 7
D I C T A
Suffolk Law School
Academic Calendar
MARCH
13-17 Monday - Friday
Spring recess
17
MONDAY
Patriots Day - University Holiday
18
TUESDAY
Monday class schedule
22
SATURDAY
Class make-up day
26
WEDNESDAY
Spring 2017 classes end
Dear students, staff, faculty, colleagues, and
administrators:
APRIL
27-28 Thursday - Friday
Reading days
1
MONDAY
Spring 2017 examinations begin
10
WEDNESDAY
Spring 2017 examinations end
11
THURSDAY
Examination make-up day
MAY
20-21 Saturday - Sunday
Commencement weekend
22
MONDAY
Summer session begins
29
MONDAY
Memorial Day - University
Holiday
Suffolk Law School
Calendar of Events
We are pleased to share that Dicta is expanding
rapidly in terms of student/faculty interest,
newspaper content variety, staff writers, board
members, and media outreach (online website/print
editions, twitter @SuffolkDicta, Facebook etc.).
In fact, Dicta’s February Edition will be available
on Tuesday, February 28th on our new, mobilefriendly, website:
www.TheSuffolkLawPaper.com
Furthermore, Dicta is proud to announce that we
are going back to print in April. At its core, the
2016-2017 academic year has been largely about
restoring Dicta to its former glory by way of
encouraging student and faculty involvement, as
well as joining arms with various organizations
surrounding Suffolk Law School.
Dicta was established more than 40 years ago by
law students, was the winner of several awards, and
enjoyed a tremendous degree of prestige. However,
over the years, Dicta’s vision was forgotten. To that
end, we are in the process of reaffirming our vision,
presence, and purpose this academic year.
With a newfound interest, constitution, energetic
staff, and proactive approach, it is our ultimate goal
to ensure its place for generations to come. Our goal
here is to reach beyond Suffolk Law’s walls. Rather
than simply making a comeback, Dicta is aiming to
roar back, exhibiting fresh qualities of resilience and
vigor.
Wednesday, March 1
All Day -
Due date to petition for Division Transfer
12:00 AM - 12:00 AM Concentration Completion Forms Due
5:00 PM - 8:00 PM
Rhode Island Alumni Reception
6:00 PM - 8:00 PM
Diversity Dinner
Thursday, March 2
5:00 PM - 6:00 PM
Transgender People and the Law
6:00 PM - 8:00 PM
Clark Appellate Advocacy Competition Final
7:30 PM - 11:00 PM
Moot Court: Clark Competition Reception
Tuesday, March 7
6:00 PM - 8:00 PM
Holler Law Firm Lecture
Reviving Suffolk Law School’s only newspaper
means that we need, students alumni, faculty, and
administrators to submit letters to the editor and
articles for publication. Dicta is happy to print, or
post on our website, all in-house announcements or
advertisements for Suffolk clubs, organizations, and
law-school related events.
With that in mind, we invite you all to check out
our website:www.TheSuffolkLawPaper.com check
out our online edition on February 28th, be on the
lookout for our printed edition in April and consider
contributing to Dicta to bolster the sense of
community a small law school needs to thrive. Once
you have viewed it, we ask that you share with your
friends, family, and colleagues—near or far,
wherever they are, and ask them to further share for
it takes a village to reach our ultimate goals of
restoration.
Yours truly,
The Publishing Board of Dicta
Crossword Answers: DOWN 1. Thurgoodmarshall 2.littlerocknine
3.JamesWeldonJohnson 6.Johnrock 7.Carterwoodson
9.Samuellowery ACROSS 4.HattieMcDaniel 5. MadamecjWalker
9.Freemensbureau 10.ThomasVReelandJones 11. RosaParks