Text
D I C T A
The Suffolk Law Paper
Volume XV No. 2
October 2013
NY court ruling
intensifies unpaid
internship debate
By Alex Maur
Staff Writer
Photograph by Yuen Yi Chung, Art Director.
CHEERS! The Women’s Law Association, headed by President Brianna Reed (right), hosted an Annual Welcome Back event on Thu., Sep. 26,
in the Faculty Dining Room.
Heavy consequences of Congressional inaction
By Andrew Di Iorio
News Editor
The chess game between Democrats and
Republicans to fund the government saw a
significant move on Sep. 20, 2013. Republicans passed a continuing resolution (“CR”)
that would keep the government running
through mid-December but took away funding for the Affordable Care Act (“ACA”).
Without money set aside for the President’s
marquee domestic achievement, the bill has
little hope for passage in the Senate. Senator
Rand Paul (R-KY) noted the pipe dream at
play here, “We probably can’t defeat or get
rid of Obamacare.” Although conservative
voters may dislike the ACA, they will be even
more upset if their senators cause the federal
government to come to a halt; many Republicans are reading these smoke signals.
Consequences of Congressional Inaction
The political drama which has ensued
for the last several weeks has pushed back
the schedule for important pieces of legislation that can help Americans. First and foremost, the immigration package which was
passed with legitimate bipartisan support
remains languishing in the House of Representatives. Along with the White House,
this was a priority for Republican leaders
like senators John McCain (R-AZ) and Lindsay Graham (R-SC). Months of negotiation
produced a meaningful bill that accounted
for border security and would pay down the
deficit. A farm bill, which once had a chance
to become law, will be pushed back once
more for debate following the spending and
debt limit fight that is upon us. The farm bill
gives the government the authority to subsidize American farmers when prices are low
Congress, continued on page eight
This past June, a judge in the United
States District Court for the Southern District of New York ruled that two unpaid
interns who worked on the set of the movie
Black Swan were employees and should have
been paid. In 2011, Eric Glatt and Alexander
Footman brought a class action suit against
Fox Searchlight Pictures Inc., and Fox Entertainment Group. The two former interns
claimed that Fox had violated both New
York and federal labor laws when they classified them as unpaid interns instead of paid
employees.
The Fair Labor and Standards Act defines “employ” very broadly to include both
paid and unpaid work. However, the District Court relied heavily on a Department
of Labor factsheet that outlines six different
criteria that help determine whether an internship may be unpaid: (1) the internship
position must be for the benefit of the intern;
(2) the experience must be comparable to
training from an educational environment,
even if the work involves some actual operation of the facilities of the employer; (3) the
intern does not displace regular employees;
(4) the employer derives no immediate advantage from the intern (and that the intern
may sometimes actually impede operations);
(5) the intern is not necessarily entitled to
a job following the internship; (6) the employer and intern both understand that the
intern is not entitled to wages during the internship.
Using this set of criteria, the court found
that the intern positions at Fox Searchlight, a
for-profit organization, were not educational
in nature, and violated federal law. The judge
ruled that they should have been paid and
viewed their experiences working with the
production company as more similar to that
of regular employees. The court also rejected
what is known as the “primary benefit test,”
which states that the unpaid internship
is legal as long as the benefit to the intern
outweighs the benefit to the employer, and
instead focused on the stricter Department
Unpaid, continued on page eight
INSIDE | “No Call” Policy, 3 | Dirty Farms, 5 | Crossword & Horoscopes, 9 | Boston History, 11 | Commentary, 12
2 | October 2013
DOCKET
UPCOMING
OCTOBER
FRI
7
EVENTS
4
MON
D I C T A
Second Annual Corporate Counsel Institute:
Technology & In-House Counsel – Managing to
Protect and Enhance Your Business
CENTER FOR ADVANCED LEGAL STUDIES
9am-5pm | Room 295
Register: 617.573.8627, als@suffolk.edu, www.law.suffolk.edu/als
FRI
18
SAT
19
THU
24
Ahead of the Game, An Evening with Bruins GM
Peter Chiarelli
DEAN CAMILLE NELSON, OFFICE OF PROFESSIONAL AND
CAREER DEVELOPMENT (OPCD), & SPORTS ENTERTAINMENT LAW ASSOCIATION (SELA)
5:30pm | First Floor Function Room
Reception to follow. RSVP to bruins@suffolk.edu.
Fall Ball
STUDENT BAR ASSOCIATION (SBA)
8pm-12:30am | New England Aquarium
SBA is maintaining a wait list for Fall Ball tickets. Email sbasocial@suffolk.edu to
be added.
Battle of Boston Softball Tournament
SUFFOLK SOFTBALL CLUB
Moakley Field (South Boston)
Players needed! SULS Softball is defending its title in the annual tournament which
features all the Boston area law schools. For more information, contact AJ Chalifour
at sulssoftball@gmail.com.
Internship Information Sessions
INTERNSHIP PROGRAMS
Session I, 2-4pm; Session II, 5-6:30pm | Corcoran Room, Floor 7
Multiple for-credit internship programs will be discussed. For more information,
contact wrodriguez@suffolk.edu.
NOVEMBER
TUE 5 Boston General Municipal Election
CITY OF BOSTON
7am-8pm
Vote for mayor and city councilors. Visit cityofboston.gov/elections for more information and voter status.
TO BE DETERMINED
First Annual Golf Gala: “A Night That Has
Nothing to Do With Golf.”
SUFFOLK LAW GOLF CLUB
Featuring drinks and food pairings inspired by your favorite legal cases. Tickets go
on sale soon. Check www.facebook.com/SuffolkLawGolfClub for updates.
Skyzone Trampoline Dodgeball & Open Jump Night
PHI DELTA PHI & DICTA
Reserve a spot: thesuffolklawpaper@gmail.com.
D I C T A
The Suffolk Law Paper
Volume XV No. 2
October 2013
thesuffolklawpaper@gmail.com
Editor-in-Chief
Jennifer Faillace
Managing Editor
Alexandra Hassell
Art Director
Yuen Yi Chung
News Editor
Andrew K. Di Iorio
Layout Editor
Hillary S. Cheng
Opinion Editor
Alex Zamenhof
Staff Writers & Copy Editors
allie deangelis Jeff Gangi Shannon O’Connor
Lucas Oliver Alex Maur
Board of Publishers
Jennifer Faillace
Alexandra Hassell
Melanie Klibanoff
Casandra Medeiros
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.
D I C T A
Suffolk’s
New “No Call”
Policy
Jennifer Faillace
Editor-in-Chief
October 2013 | 3
Suffolk University School of Law recently added a “no call” policy to the
student handbook. The policy addresses the increasing incidence of parents
calling the school on behalf of their enrolled student-child. If you‘re interested
in reading the policy, you might have to dig a little bit, it’s located in the handbook’s section on the Family Education Rights and Privacy Act (FERPA).
Under FERPA, access to a student’s “education records” has always been
restricted. The Act defines “education records” as records “directly related
to a student and maintained by the institution or by a party acting for the
institution.” However, despite the privacy restrictions, Suffolk previously allowed students to permit some communication between the administration
and students’ parents through an informal waiver of their FERPA rights.
Suffolk’s new policy codifies the Administration’s position that appropriate communications about such matters as a student’s current enrollment,
academic record, or requests for transcripts should occur solely between the
student and the administration directly.
Now, your parents cannot call to request a transcript on your behalf, cannot email the Dean of Students to ask about your course load, and certainly
cannot ask what time you will be home for dinner. They have no
right to communicate with the school in order to access
any of your information that may constitute “education records.”
The policy was drafted by the Dean of Students office with assistance from additional
associate and assistant deans.
For the complete policy, go to law.
suffolk.edu > Offices > Dean of Students
> Student Handbook > Policies > Family Education Rights and Privacy Act.
After the launch of the new Suffolk
Law website, the student handbook
should be located under “Student
Life” > “policies.”
Artwork by Yuen Yi Chung, Art Director.
D I C T A
4 | October 2013
ABOUT THE CENTER
The award-winning Advanced Legal Studies was founded 30 years ago to
provide in-depth CLE to the Bar. The Center now presents over 35 highly
rated CLE programs per year in various practice areas, as well as academic
conferences. Featuring leading practitioners, judges, academics, and other
professionals, most programs also include prominent alumni, and offer discounted tuition to alumni.
Although these courses are designed for practicing lawyers, we also admit
Suffolk students for free whenever possible. Attending can give you insights
into various areas of the law to help with career decisions. Suffolk is the only
law school CLE provider in Massachusetts.
The following is a partial list of how you can benefit
from the resources and courses provided:
Learn practical information about an area of interest
Attend programs and receive course materials for free or for minimal cost
Employment opportunities through contact with attorneys
Networking opportunities
Center for
Advanced
Legal Studies
www.law.suffolk.edu/als
617.573.8627 | Suite 120
FALL
2013
Calendar
Hearsay Hazards | September 12
Developing an Exit Plan: How to
Realize the Value of
Your Law Practice | September 26
2nd Annual Corporate Counsel Institute | October 4
The Masterman Institute:
Tribute to Anthony Lewis | October 10
Facing Complex Issues in Family Court Issues | October 17
Crash Course--What Is IP Anyway? | October 18
40th Annual NLRB/U.S. DOL Labor Law Conference | October 24
Emerging Trends in Health Care Fraud Litigation | November 7
Policing in Trying Times:
Law, Policy, and Practice in a Post-9/11 World | November 8
Resolving Business Disputes
Using Collaborative Law | November 15
Legal Practice Innovation 101 | November 21
Design Patents: Modernizing an
Old Property Interest | November 22
Veteran’s Benefits | December 6
D I C T A
Feeling Cooped Up
October 2013 | 5
From farms to “Concentrated Feeding Operations”
Photograph by Hillary Cheng, Layout Editor.
By Jennifer Faillace
Editor-in-Chief
Lawsuits are mounting against industrial agricultural operations in the U.S. Two recent lawsuits involve Concentrated Feeding
Operations or “CAFOS” in Iowa and Maryland. These animal-growing operations are
contracted to produce chicken, beef cattle,
and other animals for companies like Perdue.
CAFOs confine animals to cages indoors for
their entire lives until they are slaughtered.
As a result, the operations produce large
amounts of animal waste which is not regulated under the federal Clean Water Act or
Clean Air Act. According to a recent article
in the Westlaw Journal Environmental, there are
about 450,000 CAFOs in the U.S.
These feeding operations are being sued
by citizens and non-profit groups for polluting the water and air with runoff and noxious
odors caused by large amounts of manure
and other by-products of raising animals in
confined spaces.
Trouble in the Hen House
A suit in Maryland was just dismissed
for failure to identify the correct source of
the pollution – chicken poop or cow poop?
Lead plaintiff Waterkeeper Alliance alleged
it was chicken poop (actually, the technical
term is “chicken litter”) from the “chicken
houses.” The court decided that the source of
the pollution was likely from the cattle manure and not the chickens.
Waterkeeper Alliance, a non-profit
with members in Maryland, brought the suit
against the Maryland chicken CAFO, known
as Hudson Farm. Hudson Farm was under
contract with Perdue to raise Cornish hens.
Waterkeeper sued Hudson Farm and Perdue
alleging that the chicken litter (a mixture
of chicken manure and other material) was
contributing to the significant pollution of
the nearby river. Samples of the river showed
levels of pollution in excess of federal Clean
Water Act standards. Waterkeeper, the
court, and the defendants agreed that the
river was polluted, and likely from animal
manure. The decision stated “the Pocomoke
River, a tributary of the Chesapeake Bay, in
whose watershed the Hudson Farm is located, is impaired by nitrogen, phosphorus, and
bacteria, all pollutants that are associated
with animal manure.” Waterkeeper Alliance,
Inc. v. Hudson, CIV.A. WMN-10-487, 2012 WL
6651930 (D. Md. Dec. 20, 2012).
However, the court was not satisfied
by Waterkeeper’s investigation of Hudson
Farm. Waterkeeper’s investigation included
an aerial fly-over, multiple aerial photographs, twelve water samples of the river
over two years, and an analysis of their samples in conjunction with sampling done by
the Maryland Department of Agriculture.
The court found that the sampling and testimony of both of Waterkeeper’s experts was
insufficient to establish that Hudson Farm’s
chicken house caused the pollution. Instead,
the court concluded that the likely cause of
the pollution was the cow manure - not the
chicken manure. The court dismissed the
suit entirely, stating that “any claim under
the [Clean Water Act] based upon discharges from the cattle operation would be beyond
the scope of the [Notice of Intent to Sue letter], which was clearly limited to poultry
waste.” Id.
The only upside to this story is that the
court refused to order Waterkeeper to pay
the defendants’ multi-million dollar legal
fees. The court denied legal fees for Hudson
Farm and Perdue, finding that “Waterkeeper
Alliance's lawsuit was not ‘frivolous, unreasonable or without foundation’ or that the
group continued to pursue the lawsuit ‘after
it clearly became so.” See Waterkeeper Alliance
Inc. v. Hudson, 2013 WL 4561739 (D. Md. Aug
27, 2013). The court applied the standard for
civil rights cases in this environmental citizen suit brought under the citizen suit provision of the federal Clean Water Act in finding in favor of Waterkeeper.
Bad Air in Iowa
This past August, parents of children attending a school in Iowa sued a local CAFO
for air pollution emissions. The suit alleges
that emissions from the CAFO, which is
located near the school, allegedly cause
asthma. The suit cites a 2006 asthma study
showing increased rates of asthma at the elementary school. Further, the suit includes
the findings of a 2011 air quality study which
showed levels of pollutants in excess of the
federal Clean Air Act standards. See Zook et al.
v. McCarthy et al., No. 13-CV-1315, complaint filed
(D.D.C. Aug. 29, 2013).
D I C T A
6 | October 2013
TRICK OR
TREAT!
Give me
something
good to eat?
Artwork by Yuen Yi Chung, Art Director.
SUFFOLK UNIVERSITY LAW SCHOOL
Fútbol Club
Season Opener at Emmet’s
Sponsored and
Supported by:
more details to be
announced soon.
Captain: Darius Pakrooh
Co-Captain: Chris Barnett and Steve DiCairano
D I C T A
October 2013 | 7
MOAK L E Y
L Aw Libr ArY
lawref@suffolk.edu • 617-573-8516 • law.suffolk.edu/library
Beyond Lexis and Westlaw
Lexis and Westlaw are comprehensive research tools—but they don’t have everything. The Moakley Law Library subscribes to
numerous databases that will allow you to broaden your research beyond what’s available on Lexis and Westlaw.
BLOOMBERG LAW
HEINONLINE
Legal news, company and market information, state and federal dockets,
transactional documents, full-text BNA treatises, and more.
Full text of hundreds of recent and older issues of law reviews, English
Reports, Code of Federal Regulations, Federal Register, U.S. Treaties,
Statutes at Large, Congressional Record, U.S. Attorney General opinions,
U.S. Supreme Court cases, state session laws, and more.
BNA DATABASES
An excellent source for current developments in a wide range of topic areas.
Titles include:
•
ABA/BNA Lawyer’s Manual on Professional Conduct
•
Bankruptcy Law Reporter
•
Criminal Law Reporter
•
Electronic Commerce and Law Report
•
Employment Discrimination Report
•
Environment Reporter
•
Family Law Reporter
•
Health Law Reporter
•
International Trade Reporter
•
Labor and Employment Law Resource Center
•
Patent, Trademark, and Copyright Law Daily
•
Securities Regulation and Law Report
•
Tax Management Portfolios
•
U.S. Law Week
Summaries of the legal systems of nearly 200 countries and jurisdictions
with references (and limited links) to primary and secondary sources.
Corporate Law Daily
•
FOREIGN LAW GUIDE
BNA E-MAIL SUMMARIES
Students can register to receive regular e-mails with summaries of recent
developments for all the BNA databases, including those listed above.
CALI LESSONS
CALI’s hundreds of interactive lessons in more than 35 subject areas are a
great resource for preparing for class and studying for exams—especially
during your first year of law school.
MULTI-DISCIPLINARY JOURNALS
If your research involves non-legal topics like science, medicine, business, or
the social sciences, try these databases:
•
JSTOR
•
EBSCOHost
•
Oxford Journals Online
•
Wiley Online Library
OXFORD SCHOLARSHIP ONLINE: LAW COLLECTION
Browse, search, and read over 900 full-text monographs from Oxford
University Press.
ACCESSING THE DATABASES
Most databases are available to students from both on- and off-campus,
although the licenses for some require that you to come to the library and be
assisted by a reference librarian.
You’ll find links to these databases, and others, on the library’s Web site at
www.law.suffolk.edu/library/research/databases.cfm.
Contact a reference librarian—in-person on the 6th floor of the library, at
617-573-8516, or lawref@suffolk.edu—for help accessing and using any of
the library’s resources.
8 | October 2013
D I C T A
Congressional deadlock
Congress, continued from page one
so that they can maintain their crops when
the market doesn’t demand them. Additionally, the farm bill provides for insurance during harsh conditions such as drought, tornadoes, and crop disease. Gun control will not
move as the focus of Congress continues to
be on the spending limit and the threat of
government shutdown. Mental health reform, which is cited by Republicans as the
cause of recent mass shootings, will not receive any worthy attention from law makers
either. However, the House did pass a separate provision that cut $40 billion dollars
from the Supplemental Nutritional Assistance Program (“SNAP”). The Washington
Post noted, “Cutting back on the food stamp
program will have a sharp impact on low-income households, the majority of which are
headed by single women.”
Why Are We at This Juncture?
Democrats and Republicans have not
been able to find common ground on where
to cut spending and where investment
should be made. Democrats will hold firm
to the funding put in place so that the ACA
can remain in effect, particularly as health
care exchanges open on Oct. 1. Republicans
seek to level funding for government operations for a second consecutive year through
the continuation of the sequester. Last edition’s readers will remember that sequester
forced significant spending cuts throughout
the government, including required days off.
However, the threat of government shutdown was coupled with the funding of the
health care law as Republicans passed a continuing resolution (“CR”), but specifically
eliminated money for healthcare. President
Obama highlighted their possible motivations on Sept. 19: “They’re focused on politics. They’re focused on trying to mess with
me. They’re not focused on you.”
Market Consequences
The real impact of a government shutdown will be felt on Wall Street. We have
seen many financial leaders speak out against
A Dicta “Thank You” to Dean Cove
inaction, and moves such as the September
20 vote, that invite conflict. Alan Greenspan,
the former Chairman of the Federal Reserve,
opined recently, “both uncompromising
sides of our ongoing debate on fiscal and
other issues need to recognize that financial crisis lurks should we fail to resolve our
deeply disruptive fiscal imbalance. And that
imbalance is far greater than the official data
portray [because of contingent liabilities to
the U.S. government from possible rescues of
large financial firms and iconic nonfinancial
firms].” The market will assuredly have a sell
off if the government stops operations on the
first of October, prompting more economic
insecurity.
What Will Happen?
Fortunately, commentators are not predicting a government shutdown on the last
day of September. (The government runs out
of money on Oct. 1, the same day as the opening of the health care exchanges. I’m not sure
if this was planned.) However, a great majority are predicting that Republicans will
be blamed by Americans for this turmoil.
They use the previous “movies” we’ve seen
in recent memory to predict the continuation of this regretful saga. Once zero-hour
arrives with the prospect of being blamed
for shutting down the government, Speaker
John Boehner (R-OH) will pull together
enough of his colleagues to keep the coffee
pots running. The “gun to the head” scenario
provides Boehner the greatest amount of political cover from tea party outlash. Since the
Democratic Senate refuses to get rid of the
Supreme Court-validated health care reform
bill, it will be in the final version of a spending measure. The President will sign the financial bandaid, which keeps the Pentagon
in the dark about how it can keep our service
members safe, and will prevent logical positive action. It is likely that the Senate will
pass a CR that has ACA funding in it, the
House and Senate bills will go to conference
committee (face-to-face negotiation) and the
requisite horse trading will commence to
keep the national parks open.
Photograph by Yuen Yi Chung, Art Director.
Photograph by Yuen Yi Chung, Art Director.
Dicta Secretary and staff writer Melanie Klibanoff shakes hands with Lorraine Cove, Associate Administrative Dean of Student Enrollment Services and Registrar in the Registrar’s Office. Mention Dean Cove to a student, and you will likely hear stories of how she personally
helped them with class scheduling, enrollment status questions, or exam day mix-ups. Thank
you, Dean Cove, for the personal touch; we should have visited your office sooner.
District court judge rules unpaid
interns have legal standing to bring
suit for wages owed
Unpaid, continued from page one
of Labor standards. Robert Weich, a Wisconsin complainant, gave an interview with
the La Crosse Tribune about his claim. He
described, “The company takes advantage
of free help…They have 15 to 20 interns at
any one time…[they have] them doing some
things that normal employees would do.”
Following this ruling in New York, debate over the acceptability of these unpaid
intern positions has increased across the
fashion, entertainment, publishing and legal
sectors. With youth employment arguably at
its highest in decades, recent graduates are
beginning to push for change and demand
more out of their internship experiences.
Commentators also worry that the acceptance of these unpaid positions is leading to
greater economic inequality, arguing that
these internships only help advance the ca-
reers of recent graduates who can afford to
work for free.
Some attorneys disagree with fighting
against this system through the courts. They
argue that these interns willingly sign up
for positions knowing that they will not be
paid. They believe that regardless of how you
classify the positions, they still help “build
resumes” and provide insight into how a particular industry operates.
The validity of these unpaid positions
in the private sector remains unclear. Since
June there have been a number of other cases
brought by interns who have shared similar
experiences. Jack Newhouse is an attorney
for former entertainment interns and noted
the future of this practice on Forbes.com,
“The recent uptick in cases indicates that the
threat of a lawsuit is no longer a theoretical
risk associated with hiring unpaid interns.”
D I C T A
Horoscopes
CROSSWORD
Fall Potpourri
Fall Potpourri Faillace
By Jennifer
Libra
You always weigh your options, but the
time has come to question your routine and
who you take orders from. Networking can
be a beautiful thing and so too is your significant other. Indulge yourself in both and
think about all the cool stuff you can buy
loans you can pay back when you
land that new gig.
1
2
3
4
5
6
7
8
9
10
11
ACROSS
4 November test on professional responsibility
5 fish sign
Across
8Down
Outgoing Boston mayor
9 Massachusetts Attorney General and candidate for Governor Martha Coakley had two
1 A "best friends"
4 November test on professional reof these favorite fall beer from Maine.
Grab a court Sidebar and you’ll
sponsibility
10 opinions by one at on a question that is not essential to its decision even though it may
likely enjoy the
be directly involved. aftertaste of Bud
Light.
uzzle-maker.com/crossword_FreePuzzle.cgi
2 A new Student Handbook policy
resulting from too many “helicopter parents”
3 Casual conversation about other
people, typically involving details
that are not confirmed as being
true.
6 Wondering if you’re wearing a
pair? You probably aren’t.
October 2013 | 9
Scorpio
You’ll get your
pat on the back
just as soon as
you sit down
already.
No
one rivals your
drive. Just look
at
Leonardo
DiCaprio. Everyone wants to
make money on
a blockbuster,
but who can stand
listening to the
critics? Take a seat,
and take some notes.
5 Fish sign
Sagittarius
You know the value of patience —
but it’s high time you ask for what you’ve
been looking for from that professor, supervisor, boss or editor.
8 Outgoing Boston mayor
Page 1 of 2
9 Massachusetts Attorney General and
candidate for Governor Martha
Coakley had two of these “best
friends”
10 Opinions by a court on a question
that is not essential to its decision
even though it may be directly involved.
7 This year’s Fall Ball theme
11 Lexis’s resources surpass Westlaw
in this practice area
Capricorn
Don’t let a disappointment or a missed
opportunity get you down, or as they say,
check yo self before you wreck yo self. Your
next win is right around the corner.
Aquarius
A clever law student like yourself knows
that responsibility can mean setting accurate
expectations for yourself and others. Manage
your time and own that new role, position,
project—whatever fell into your lap unexpectedly last month.
Pisces, Pisces, Pisces
You’re strong and sturdy but you’re not
ready for this little surprise. You’ll be swimming upstream with work for a while, but
you will be rewarded in aspects of your life
outside of law school.
ANSWERS
Aries
Desire to take the bull by the horns this
semester? Check. Ability to take the lead
concerning your extracurricular endeavors?
Check. While your commitment to work
is commendable (and often aggressive) all
work and no play makes Jack (or Jill) a dull
boy. Pace yourself, and don’t forget to make
room for fun this semester. You should accept that invitation to your neighbors Halloween party.
Taurus
You are passionate about your work
and you want others to take notice.
Harness
this
by working on
perfecting a resume, a project,
or a piece of
writing. It’s true
what they say—
it’s all in the delivery.
Gemini
Harmonize your
inner twins this month
by pairing your need to communicate with your natural wit.
Entertainment can be educational, and
vice versa.
Cancer
You’re all about moving forward this
month, so you don’t have time to let your
figurative outer shell (you are the crab after
all) hold you back. Make the decision that’s
been nagging you and stick with it. If all else
fails, you’ve got your friends. And a rom-com.
Leo
You need to go back to the gym. You’re
succeeding in school, but don’t get a big head
just yet. Take your friends’ advice.
Virgo
You love the fresh start that the new
school year brings. Bask in your diligence
and accomplishments thus far—you’ve been
running on all cylinders. Take a breather and
let things run their course. Unless of course
your co-pilot has a horrible sense of direction.
Created by staff writer Allie DeAngelis, edited by
staff writer Shannon O’Connor and Editor-in-Chief
Jennifer Faillace. Artwork by Yuen Yi Chung, Art
Director. All praise, comments, and concerns can be
directed to thesuffolklawpaper@gmail.com.
1. PUMPKINHEAD 2. NOCALLPOLICY 3. GOSSIP 4. MPRE 5. PISCES 6. PANTS 7. GATSBY 8. MENINO 9. LABRADORRETRIEVERS 10. DICTA 11. TAX
10 | October 2013
D I C T A
BOSTON HISTORY
How much do you really know about Boston?
Photograph by Yuen Yi Chung, Art Director.
By Jeff Gangi
Staff Writer
Looking to take a break and get some fresh air between
classes? Take a walk in America’s oldest public park; it’s
right across the street. Boston Common was purchased for
30 pounds (current exchange rate makes that $48.10) and set
aside as our “common” ground in 1640, making it America’s
oldest public park. There are many statues and plaques
throughout worth a quick read.
Fact or Fiction? A giant tank of molasses exploded and
flooded the streets of Boston. Oddly enough, this is a real story. In the North End, on January 15, 1919, sometime around
noon a giant tank of molasses exploded. The explosion sent
a wall, some say as high as 15 feet, down Commercial Street,
killing 21, injuring more than 150 and destroying buildings in
its path. It took six years to reach a conclusion of the more
than 100 cases brought. After 3,000 witnesses gave testimo-
ny and six years had passed, the court ruled the United States
Industrial Alcohol Company was negligent and was ordered
to pay almost a million dollars to the plaintiffs.
“Boston Harbor-a Teapot Tonight!” Those were the
cries heard from a gathering of over 5,000 people, more than
one-third of Boston’s population at the time. After leaving
the Old South Meeting House on December 16, 1773 the angry
colonists, joined by others who had been gathering at local
taverns, dumped 340 chests of tea into Boston Harbor (That’s
why the water is still brown.) Many more interesting facts
about the Boston Tea Party can be found at http://www.bostonteapartyship.com/old-south-meeting-house-history. The
British occupied the Meeting House shortly after in 1775, filling it with dirt and using it for horse riding practice, but we
all know how that story turned out. Then the Meeting House
nearly burned in the Great Boston Fire of 1872, but was saved
by the timely arrival of a fire engine from New Hampshire.
The Old South Meeting House is still standing at 310 Wash-
ington Street, a short walk from the law school. It’s open for
tours from 10AM-4PM in the winter.
High fly ball to right center field! Boston is home to the
oldest professional baseball park in America. Fenway Park
opened its doors in 1912 and celebrated its 100th Anniversary
last year on April 20, 2012. The Sox are looking like playoff
contenders this year, so take a study break and catch a game.
Quack, Quack! Don’t take my word for it: take a Duck
Tour. The tour company uses the WWII era DUKW vehicle
(slightly modified from those used to storm the beaches at
Normandy and Guadalcanal) and gives an interesting land
and water historical tour of Boston. Tours leave from the Prudential Center, Museum of Science and Boston Aquarium.
Come back next month for another look at some Boston
history. Welcome to Boston and don’t forget to take a look
around.
D I C T A
October 2013 | 11
COMMENTARY
DeAngelis: The Soul Proprietor
By allie deangelis
Staff Writer
There is this nagging echo that reverberates against my
face every time I talk to a classmate that reminds me daily of
some depressing force of reality. There’s the weak job market, the shaky economy, low funding, and cuts to budgets.
We’ve been having this conversation for the last three or four
years now. Telling someone to get over it seems a little harsh,
so let me mellow the delivery with an anecdote. I am sitting
in my favorite class in the row above a boy who brings his
computer to class. His desktop background is a plain black
screen, with plain white capital letters centered in the middle reminding him to “DO YOUR WORK.” Read that again.
The simplicity of this mantra is so incredibly fitting, more
satisfying than our empty stress and offers some zen comfort
to this crazy life. You go, Glen Coco.
It’s a familiar phenomenon: students with the least
amount of time left before graduation wish to do the least
amount of work. Obviously. We’ve all been there before. If
this time of my life were memorialized by a Thought Catalogue article, the headline would read “Top Ten Things You
Should be Stressing About, Now.” And on this list, I think
school work is number 12. Maybe 15? It depends on how
much money you opted to throw away at the bookstore this
year. Yes, this is Heartbreak Hill for us 3Ls and 4Ls in the
Suffolk Law marathon. We should be hitting our stride, but
instead we are banging our heads against the wall.
It is easy to become preoccupied by the incessant accessory noise and disenchanted by the rat race out to the legal
workforce. However, if you put the cart before the horse, you
may end up spinning your wheels. Stop panicking. Stop reading articles that justify your Gen-Y malcontent with your
place in the world. It’s uncertainty which breeds anxiety.
Our school is a virtual petri dish of sorts, but you can’t let all
the bull distract you from the commitment you made three
or four years ago.
Do your reading, go to class, know your professors and
engage in learning what you signed up to learn. Do your work.
You’ll be fine. If you let fear of the unknown sit on your back,
you will be so worn down you’ll have nothing left when the
clock runs out on this little law school gig of ours. Breathe in
some focus and push the naysayers aside - and don’t forget to
network, network, network.
PHOTO JOURNAL
fútbol
Photos courtesy of the Suffolk Law Fútbol Club.
12 | October 2013
D I C T A
The Suffolk Law Paper
Volume XV No. 2
October 2013
NY court ruling
intensifies unpaid
internship debate
By Alex Maur
Staff Writer
Photograph by Yuen Yi Chung, Art Director.
CHEERS! The Women’s Law Association, headed by President Brianna Reed (right), hosted an Annual Welcome Back event on Thu., Sep. 26,
in the Faculty Dining Room.
Heavy consequences of Congressional inaction
By Andrew Di Iorio
News Editor
The chess game between Democrats and
Republicans to fund the government saw a
significant move on Sep. 20, 2013. Republicans passed a continuing resolution (“CR”)
that would keep the government running
through mid-December but took away funding for the Affordable Care Act (“ACA”).
Without money set aside for the President’s
marquee domestic achievement, the bill has
little hope for passage in the Senate. Senator
Rand Paul (R-KY) noted the pipe dream at
play here, “We probably can’t defeat or get
rid of Obamacare.” Although conservative
voters may dislike the ACA, they will be even
more upset if their senators cause the federal
government to come to a halt; many Republicans are reading these smoke signals.
Consequences of Congressional Inaction
The political drama which has ensued
for the last several weeks has pushed back
the schedule for important pieces of legislation that can help Americans. First and foremost, the immigration package which was
passed with legitimate bipartisan support
remains languishing in the House of Representatives. Along with the White House,
this was a priority for Republican leaders
like senators John McCain (R-AZ) and Lindsay Graham (R-SC). Months of negotiation
produced a meaningful bill that accounted
for border security and would pay down the
deficit. A farm bill, which once had a chance
to become law, will be pushed back once
more for debate following the spending and
debt limit fight that is upon us. The farm bill
gives the government the authority to subsidize American farmers when prices are low
Congress, continued on page eight
This past June, a judge in the United
States District Court for the Southern District of New York ruled that two unpaid
interns who worked on the set of the movie
Black Swan were employees and should have
been paid. In 2011, Eric Glatt and Alexander
Footman brought a class action suit against
Fox Searchlight Pictures Inc., and Fox Entertainment Group. The two former interns
claimed that Fox had violated both New
York and federal labor laws when they classified them as unpaid interns instead of paid
employees.
The Fair Labor and Standards Act defines “employ” very broadly to include both
paid and unpaid work. However, the District Court relied heavily on a Department
of Labor factsheet that outlines six different
criteria that help determine whether an internship may be unpaid: (1) the internship
position must be for the benefit of the intern;
(2) the experience must be comparable to
training from an educational environment,
even if the work involves some actual operation of the facilities of the employer; (3) the
intern does not displace regular employees;
(4) the employer derives no immediate advantage from the intern (and that the intern
may sometimes actually impede operations);
(5) the intern is not necessarily entitled to
a job following the internship; (6) the employer and intern both understand that the
intern is not entitled to wages during the internship.
Using this set of criteria, the court found
that the intern positions at Fox Searchlight, a
for-profit organization, were not educational
in nature, and violated federal law. The judge
ruled that they should have been paid and
viewed their experiences working with the
production company as more similar to that
of regular employees. The court also rejected
what is known as the “primary benefit test,”
which states that the unpaid internship
is legal as long as the benefit to the intern
outweighs the benefit to the employer, and
instead focused on the stricter Department
Unpaid, continued on page eight
INSIDE | “No Call” Policy, 3 | Dirty Farms, 5 | Crossword & Horoscopes, 9 | Boston History, 11 | Commentary, 12
2 | October 2013
DOCKET
UPCOMING
OCTOBER
FRI
7
EVENTS
4
MON
D I C T A
Second Annual Corporate Counsel Institute:
Technology & In-House Counsel – Managing to
Protect and Enhance Your Business
CENTER FOR ADVANCED LEGAL STUDIES
9am-5pm | Room 295
Register: 617.573.8627, als@suffolk.edu, www.law.suffolk.edu/als
FRI
18
SAT
19
THU
24
Ahead of the Game, An Evening with Bruins GM
Peter Chiarelli
DEAN CAMILLE NELSON, OFFICE OF PROFESSIONAL AND
CAREER DEVELOPMENT (OPCD), & SPORTS ENTERTAINMENT LAW ASSOCIATION (SELA)
5:30pm | First Floor Function Room
Reception to follow. RSVP to bruins@suffolk.edu.
Fall Ball
STUDENT BAR ASSOCIATION (SBA)
8pm-12:30am | New England Aquarium
SBA is maintaining a wait list for Fall Ball tickets. Email sbasocial@suffolk.edu to
be added.
Battle of Boston Softball Tournament
SUFFOLK SOFTBALL CLUB
Moakley Field (South Boston)
Players needed! SULS Softball is defending its title in the annual tournament which
features all the Boston area law schools. For more information, contact AJ Chalifour
at sulssoftball@gmail.com.
Internship Information Sessions
INTERNSHIP PROGRAMS
Session I, 2-4pm; Session II, 5-6:30pm | Corcoran Room, Floor 7
Multiple for-credit internship programs will be discussed. For more information,
contact wrodriguez@suffolk.edu.
NOVEMBER
TUE 5 Boston General Municipal Election
CITY OF BOSTON
7am-8pm
Vote for mayor and city councilors. Visit cityofboston.gov/elections for more information and voter status.
TO BE DETERMINED
First Annual Golf Gala: “A Night That Has
Nothing to Do With Golf.”
SUFFOLK LAW GOLF CLUB
Featuring drinks and food pairings inspired by your favorite legal cases. Tickets go
on sale soon. Check www.facebook.com/SuffolkLawGolfClub for updates.
Skyzone Trampoline Dodgeball & Open Jump Night
PHI DELTA PHI & DICTA
Reserve a spot: thesuffolklawpaper@gmail.com.
D I C T A
The Suffolk Law Paper
Volume XV No. 2
October 2013
thesuffolklawpaper@gmail.com
Editor-in-Chief
Jennifer Faillace
Managing Editor
Alexandra Hassell
Art Director
Yuen Yi Chung
News Editor
Andrew K. Di Iorio
Layout Editor
Hillary S. Cheng
Opinion Editor
Alex Zamenhof
Staff Writers & Copy Editors
allie deangelis Jeff Gangi Shannon O’Connor
Lucas Oliver Alex Maur
Board of Publishers
Jennifer Faillace
Alexandra Hassell
Melanie Klibanoff
Casandra Medeiros
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.
D I C T A
Suffolk’s
New “No Call”
Policy
Jennifer Faillace
Editor-in-Chief
October 2013 | 3
Suffolk University School of Law recently added a “no call” policy to the
student handbook. The policy addresses the increasing incidence of parents
calling the school on behalf of their enrolled student-child. If you‘re interested
in reading the policy, you might have to dig a little bit, it’s located in the handbook’s section on the Family Education Rights and Privacy Act (FERPA).
Under FERPA, access to a student’s “education records” has always been
restricted. The Act defines “education records” as records “directly related
to a student and maintained by the institution or by a party acting for the
institution.” However, despite the privacy restrictions, Suffolk previously allowed students to permit some communication between the administration
and students’ parents through an informal waiver of their FERPA rights.
Suffolk’s new policy codifies the Administration’s position that appropriate communications about such matters as a student’s current enrollment,
academic record, or requests for transcripts should occur solely between the
student and the administration directly.
Now, your parents cannot call to request a transcript on your behalf, cannot email the Dean of Students to ask about your course load, and certainly
cannot ask what time you will be home for dinner. They have no
right to communicate with the school in order to access
any of your information that may constitute “education records.”
The policy was drafted by the Dean of Students office with assistance from additional
associate and assistant deans.
For the complete policy, go to law.
suffolk.edu > Offices > Dean of Students
> Student Handbook > Policies > Family Education Rights and Privacy Act.
After the launch of the new Suffolk
Law website, the student handbook
should be located under “Student
Life” > “policies.”
Artwork by Yuen Yi Chung, Art Director.
D I C T A
4 | October 2013
ABOUT THE CENTER
The award-winning Advanced Legal Studies was founded 30 years ago to
provide in-depth CLE to the Bar. The Center now presents over 35 highly
rated CLE programs per year in various practice areas, as well as academic
conferences. Featuring leading practitioners, judges, academics, and other
professionals, most programs also include prominent alumni, and offer discounted tuition to alumni.
Although these courses are designed for practicing lawyers, we also admit
Suffolk students for free whenever possible. Attending can give you insights
into various areas of the law to help with career decisions. Suffolk is the only
law school CLE provider in Massachusetts.
The following is a partial list of how you can benefit
from the resources and courses provided:
Learn practical information about an area of interest
Attend programs and receive course materials for free or for minimal cost
Employment opportunities through contact with attorneys
Networking opportunities
Center for
Advanced
Legal Studies
www.law.suffolk.edu/als
617.573.8627 | Suite 120
FALL
2013
Calendar
Hearsay Hazards | September 12
Developing an Exit Plan: How to
Realize the Value of
Your Law Practice | September 26
2nd Annual Corporate Counsel Institute | October 4
The Masterman Institute:
Tribute to Anthony Lewis | October 10
Facing Complex Issues in Family Court Issues | October 17
Crash Course--What Is IP Anyway? | October 18
40th Annual NLRB/U.S. DOL Labor Law Conference | October 24
Emerging Trends in Health Care Fraud Litigation | November 7
Policing in Trying Times:
Law, Policy, and Practice in a Post-9/11 World | November 8
Resolving Business Disputes
Using Collaborative Law | November 15
Legal Practice Innovation 101 | November 21
Design Patents: Modernizing an
Old Property Interest | November 22
Veteran’s Benefits | December 6
D I C T A
Feeling Cooped Up
October 2013 | 5
From farms to “Concentrated Feeding Operations”
Photograph by Hillary Cheng, Layout Editor.
By Jennifer Faillace
Editor-in-Chief
Lawsuits are mounting against industrial agricultural operations in the U.S. Two recent lawsuits involve Concentrated Feeding
Operations or “CAFOS” in Iowa and Maryland. These animal-growing operations are
contracted to produce chicken, beef cattle,
and other animals for companies like Perdue.
CAFOs confine animals to cages indoors for
their entire lives until they are slaughtered.
As a result, the operations produce large
amounts of animal waste which is not regulated under the federal Clean Water Act or
Clean Air Act. According to a recent article
in the Westlaw Journal Environmental, there are
about 450,000 CAFOs in the U.S.
These feeding operations are being sued
by citizens and non-profit groups for polluting the water and air with runoff and noxious
odors caused by large amounts of manure
and other by-products of raising animals in
confined spaces.
Trouble in the Hen House
A suit in Maryland was just dismissed
for failure to identify the correct source of
the pollution – chicken poop or cow poop?
Lead plaintiff Waterkeeper Alliance alleged
it was chicken poop (actually, the technical
term is “chicken litter”) from the “chicken
houses.” The court decided that the source of
the pollution was likely from the cattle manure and not the chickens.
Waterkeeper Alliance, a non-profit
with members in Maryland, brought the suit
against the Maryland chicken CAFO, known
as Hudson Farm. Hudson Farm was under
contract with Perdue to raise Cornish hens.
Waterkeeper sued Hudson Farm and Perdue
alleging that the chicken litter (a mixture
of chicken manure and other material) was
contributing to the significant pollution of
the nearby river. Samples of the river showed
levels of pollution in excess of federal Clean
Water Act standards. Waterkeeper, the
court, and the defendants agreed that the
river was polluted, and likely from animal
manure. The decision stated “the Pocomoke
River, a tributary of the Chesapeake Bay, in
whose watershed the Hudson Farm is located, is impaired by nitrogen, phosphorus, and
bacteria, all pollutants that are associated
with animal manure.” Waterkeeper Alliance,
Inc. v. Hudson, CIV.A. WMN-10-487, 2012 WL
6651930 (D. Md. Dec. 20, 2012).
However, the court was not satisfied
by Waterkeeper’s investigation of Hudson
Farm. Waterkeeper’s investigation included
an aerial fly-over, multiple aerial photographs, twelve water samples of the river
over two years, and an analysis of their samples in conjunction with sampling done by
the Maryland Department of Agriculture.
The court found that the sampling and testimony of both of Waterkeeper’s experts was
insufficient to establish that Hudson Farm’s
chicken house caused the pollution. Instead,
the court concluded that the likely cause of
the pollution was the cow manure - not the
chicken manure. The court dismissed the
suit entirely, stating that “any claim under
the [Clean Water Act] based upon discharges from the cattle operation would be beyond
the scope of the [Notice of Intent to Sue letter], which was clearly limited to poultry
waste.” Id.
The only upside to this story is that the
court refused to order Waterkeeper to pay
the defendants’ multi-million dollar legal
fees. The court denied legal fees for Hudson
Farm and Perdue, finding that “Waterkeeper
Alliance's lawsuit was not ‘frivolous, unreasonable or without foundation’ or that the
group continued to pursue the lawsuit ‘after
it clearly became so.” See Waterkeeper Alliance
Inc. v. Hudson, 2013 WL 4561739 (D. Md. Aug
27, 2013). The court applied the standard for
civil rights cases in this environmental citizen suit brought under the citizen suit provision of the federal Clean Water Act in finding in favor of Waterkeeper.
Bad Air in Iowa
This past August, parents of children attending a school in Iowa sued a local CAFO
for air pollution emissions. The suit alleges
that emissions from the CAFO, which is
located near the school, allegedly cause
asthma. The suit cites a 2006 asthma study
showing increased rates of asthma at the elementary school. Further, the suit includes
the findings of a 2011 air quality study which
showed levels of pollutants in excess of the
federal Clean Air Act standards. See Zook et al.
v. McCarthy et al., No. 13-CV-1315, complaint filed
(D.D.C. Aug. 29, 2013).
D I C T A
6 | October 2013
TRICK OR
TREAT!
Give me
something
good to eat?
Artwork by Yuen Yi Chung, Art Director.
SUFFOLK UNIVERSITY LAW SCHOOL
Fútbol Club
Season Opener at Emmet’s
Sponsored and
Supported by:
more details to be
announced soon.
Captain: Darius Pakrooh
Co-Captain: Chris Barnett and Steve DiCairano
D I C T A
October 2013 | 7
MOAK L E Y
L Aw Libr ArY
lawref@suffolk.edu • 617-573-8516 • law.suffolk.edu/library
Beyond Lexis and Westlaw
Lexis and Westlaw are comprehensive research tools—but they don’t have everything. The Moakley Law Library subscribes to
numerous databases that will allow you to broaden your research beyond what’s available on Lexis and Westlaw.
BLOOMBERG LAW
HEINONLINE
Legal news, company and market information, state and federal dockets,
transactional documents, full-text BNA treatises, and more.
Full text of hundreds of recent and older issues of law reviews, English
Reports, Code of Federal Regulations, Federal Register, U.S. Treaties,
Statutes at Large, Congressional Record, U.S. Attorney General opinions,
U.S. Supreme Court cases, state session laws, and more.
BNA DATABASES
An excellent source for current developments in a wide range of topic areas.
Titles include:
•
ABA/BNA Lawyer’s Manual on Professional Conduct
•
Bankruptcy Law Reporter
•
Criminal Law Reporter
•
Electronic Commerce and Law Report
•
Employment Discrimination Report
•
Environment Reporter
•
Family Law Reporter
•
Health Law Reporter
•
International Trade Reporter
•
Labor and Employment Law Resource Center
•
Patent, Trademark, and Copyright Law Daily
•
Securities Regulation and Law Report
•
Tax Management Portfolios
•
U.S. Law Week
Summaries of the legal systems of nearly 200 countries and jurisdictions
with references (and limited links) to primary and secondary sources.
Corporate Law Daily
•
FOREIGN LAW GUIDE
BNA E-MAIL SUMMARIES
Students can register to receive regular e-mails with summaries of recent
developments for all the BNA databases, including those listed above.
CALI LESSONS
CALI’s hundreds of interactive lessons in more than 35 subject areas are a
great resource for preparing for class and studying for exams—especially
during your first year of law school.
MULTI-DISCIPLINARY JOURNALS
If your research involves non-legal topics like science, medicine, business, or
the social sciences, try these databases:
•
JSTOR
•
EBSCOHost
•
Oxford Journals Online
•
Wiley Online Library
OXFORD SCHOLARSHIP ONLINE: LAW COLLECTION
Browse, search, and read over 900 full-text monographs from Oxford
University Press.
ACCESSING THE DATABASES
Most databases are available to students from both on- and off-campus,
although the licenses for some require that you to come to the library and be
assisted by a reference librarian.
You’ll find links to these databases, and others, on the library’s Web site at
www.law.suffolk.edu/library/research/databases.cfm.
Contact a reference librarian—in-person on the 6th floor of the library, at
617-573-8516, or lawref@suffolk.edu—for help accessing and using any of
the library’s resources.
8 | October 2013
D I C T A
Congressional deadlock
Congress, continued from page one
so that they can maintain their crops when
the market doesn’t demand them. Additionally, the farm bill provides for insurance during harsh conditions such as drought, tornadoes, and crop disease. Gun control will not
move as the focus of Congress continues to
be on the spending limit and the threat of
government shutdown. Mental health reform, which is cited by Republicans as the
cause of recent mass shootings, will not receive any worthy attention from law makers
either. However, the House did pass a separate provision that cut $40 billion dollars
from the Supplemental Nutritional Assistance Program (“SNAP”). The Washington
Post noted, “Cutting back on the food stamp
program will have a sharp impact on low-income households, the majority of which are
headed by single women.”
Why Are We at This Juncture?
Democrats and Republicans have not
been able to find common ground on where
to cut spending and where investment
should be made. Democrats will hold firm
to the funding put in place so that the ACA
can remain in effect, particularly as health
care exchanges open on Oct. 1. Republicans
seek to level funding for government operations for a second consecutive year through
the continuation of the sequester. Last edition’s readers will remember that sequester
forced significant spending cuts throughout
the government, including required days off.
However, the threat of government shutdown was coupled with the funding of the
health care law as Republicans passed a continuing resolution (“CR”), but specifically
eliminated money for healthcare. President
Obama highlighted their possible motivations on Sept. 19: “They’re focused on politics. They’re focused on trying to mess with
me. They’re not focused on you.”
Market Consequences
The real impact of a government shutdown will be felt on Wall Street. We have
seen many financial leaders speak out against
A Dicta “Thank You” to Dean Cove
inaction, and moves such as the September
20 vote, that invite conflict. Alan Greenspan,
the former Chairman of the Federal Reserve,
opined recently, “both uncompromising
sides of our ongoing debate on fiscal and
other issues need to recognize that financial crisis lurks should we fail to resolve our
deeply disruptive fiscal imbalance. And that
imbalance is far greater than the official data
portray [because of contingent liabilities to
the U.S. government from possible rescues of
large financial firms and iconic nonfinancial
firms].” The market will assuredly have a sell
off if the government stops operations on the
first of October, prompting more economic
insecurity.
What Will Happen?
Fortunately, commentators are not predicting a government shutdown on the last
day of September. (The government runs out
of money on Oct. 1, the same day as the opening of the health care exchanges. I’m not sure
if this was planned.) However, a great majority are predicting that Republicans will
be blamed by Americans for this turmoil.
They use the previous “movies” we’ve seen
in recent memory to predict the continuation of this regretful saga. Once zero-hour
arrives with the prospect of being blamed
for shutting down the government, Speaker
John Boehner (R-OH) will pull together
enough of his colleagues to keep the coffee
pots running. The “gun to the head” scenario
provides Boehner the greatest amount of political cover from tea party outlash. Since the
Democratic Senate refuses to get rid of the
Supreme Court-validated health care reform
bill, it will be in the final version of a spending measure. The President will sign the financial bandaid, which keeps the Pentagon
in the dark about how it can keep our service
members safe, and will prevent logical positive action. It is likely that the Senate will
pass a CR that has ACA funding in it, the
House and Senate bills will go to conference
committee (face-to-face negotiation) and the
requisite horse trading will commence to
keep the national parks open.
Photograph by Yuen Yi Chung, Art Director.
Photograph by Yuen Yi Chung, Art Director.
Dicta Secretary and staff writer Melanie Klibanoff shakes hands with Lorraine Cove, Associate Administrative Dean of Student Enrollment Services and Registrar in the Registrar’s Office. Mention Dean Cove to a student, and you will likely hear stories of how she personally
helped them with class scheduling, enrollment status questions, or exam day mix-ups. Thank
you, Dean Cove, for the personal touch; we should have visited your office sooner.
District court judge rules unpaid
interns have legal standing to bring
suit for wages owed
Unpaid, continued from page one
of Labor standards. Robert Weich, a Wisconsin complainant, gave an interview with
the La Crosse Tribune about his claim. He
described, “The company takes advantage
of free help…They have 15 to 20 interns at
any one time…[they have] them doing some
things that normal employees would do.”
Following this ruling in New York, debate over the acceptability of these unpaid
intern positions has increased across the
fashion, entertainment, publishing and legal
sectors. With youth employment arguably at
its highest in decades, recent graduates are
beginning to push for change and demand
more out of their internship experiences.
Commentators also worry that the acceptance of these unpaid positions is leading to
greater economic inequality, arguing that
these internships only help advance the ca-
reers of recent graduates who can afford to
work for free.
Some attorneys disagree with fighting
against this system through the courts. They
argue that these interns willingly sign up
for positions knowing that they will not be
paid. They believe that regardless of how you
classify the positions, they still help “build
resumes” and provide insight into how a particular industry operates.
The validity of these unpaid positions
in the private sector remains unclear. Since
June there have been a number of other cases
brought by interns who have shared similar
experiences. Jack Newhouse is an attorney
for former entertainment interns and noted
the future of this practice on Forbes.com,
“The recent uptick in cases indicates that the
threat of a lawsuit is no longer a theoretical
risk associated with hiring unpaid interns.”
D I C T A
Horoscopes
CROSSWORD
Fall Potpourri
Fall Potpourri Faillace
By Jennifer
Libra
You always weigh your options, but the
time has come to question your routine and
who you take orders from. Networking can
be a beautiful thing and so too is your significant other. Indulge yourself in both and
think about all the cool stuff you can buy
loans you can pay back when you
land that new gig.
1
2
3
4
5
6
7
8
9
10
11
ACROSS
4 November test on professional responsibility
5 fish sign
Across
8Down
Outgoing Boston mayor
9 Massachusetts Attorney General and candidate for Governor Martha Coakley had two
1 A "best friends"
4 November test on professional reof these favorite fall beer from Maine.
Grab a court Sidebar and you’ll
sponsibility
10 opinions by one at on a question that is not essential to its decision even though it may
likely enjoy the
be directly involved. aftertaste of Bud
Light.
uzzle-maker.com/crossword_FreePuzzle.cgi
2 A new Student Handbook policy
resulting from too many “helicopter parents”
3 Casual conversation about other
people, typically involving details
that are not confirmed as being
true.
6 Wondering if you’re wearing a
pair? You probably aren’t.
October 2013 | 9
Scorpio
You’ll get your
pat on the back
just as soon as
you sit down
already.
No
one rivals your
drive. Just look
at
Leonardo
DiCaprio. Everyone wants to
make money on
a blockbuster,
but who can stand
listening to the
critics? Take a seat,
and take some notes.
5 Fish sign
Sagittarius
You know the value of patience —
but it’s high time you ask for what you’ve
been looking for from that professor, supervisor, boss or editor.
8 Outgoing Boston mayor
Page 1 of 2
9 Massachusetts Attorney General and
candidate for Governor Martha
Coakley had two of these “best
friends”
10 Opinions by a court on a question
that is not essential to its decision
even though it may be directly involved.
7 This year’s Fall Ball theme
11 Lexis’s resources surpass Westlaw
in this practice area
Capricorn
Don’t let a disappointment or a missed
opportunity get you down, or as they say,
check yo self before you wreck yo self. Your
next win is right around the corner.
Aquarius
A clever law student like yourself knows
that responsibility can mean setting accurate
expectations for yourself and others. Manage
your time and own that new role, position,
project—whatever fell into your lap unexpectedly last month.
Pisces, Pisces, Pisces
You’re strong and sturdy but you’re not
ready for this little surprise. You’ll be swimming upstream with work for a while, but
you will be rewarded in aspects of your life
outside of law school.
ANSWERS
Aries
Desire to take the bull by the horns this
semester? Check. Ability to take the lead
concerning your extracurricular endeavors?
Check. While your commitment to work
is commendable (and often aggressive) all
work and no play makes Jack (or Jill) a dull
boy. Pace yourself, and don’t forget to make
room for fun this semester. You should accept that invitation to your neighbors Halloween party.
Taurus
You are passionate about your work
and you want others to take notice.
Harness
this
by working on
perfecting a resume, a project,
or a piece of
writing. It’s true
what they say—
it’s all in the delivery.
Gemini
Harmonize your
inner twins this month
by pairing your need to communicate with your natural wit.
Entertainment can be educational, and
vice versa.
Cancer
You’re all about moving forward this
month, so you don’t have time to let your
figurative outer shell (you are the crab after
all) hold you back. Make the decision that’s
been nagging you and stick with it. If all else
fails, you’ve got your friends. And a rom-com.
Leo
You need to go back to the gym. You’re
succeeding in school, but don’t get a big head
just yet. Take your friends’ advice.
Virgo
You love the fresh start that the new
school year brings. Bask in your diligence
and accomplishments thus far—you’ve been
running on all cylinders. Take a breather and
let things run their course. Unless of course
your co-pilot has a horrible sense of direction.
Created by staff writer Allie DeAngelis, edited by
staff writer Shannon O’Connor and Editor-in-Chief
Jennifer Faillace. Artwork by Yuen Yi Chung, Art
Director. All praise, comments, and concerns can be
directed to thesuffolklawpaper@gmail.com.
1. PUMPKINHEAD 2. NOCALLPOLICY 3. GOSSIP 4. MPRE 5. PISCES 6. PANTS 7. GATSBY 8. MENINO 9. LABRADORRETRIEVERS 10. DICTA 11. TAX
10 | October 2013
D I C T A
BOSTON HISTORY
How much do you really know about Boston?
Photograph by Yuen Yi Chung, Art Director.
By Jeff Gangi
Staff Writer
Looking to take a break and get some fresh air between
classes? Take a walk in America’s oldest public park; it’s
right across the street. Boston Common was purchased for
30 pounds (current exchange rate makes that $48.10) and set
aside as our “common” ground in 1640, making it America’s
oldest public park. There are many statues and plaques
throughout worth a quick read.
Fact or Fiction? A giant tank of molasses exploded and
flooded the streets of Boston. Oddly enough, this is a real story. In the North End, on January 15, 1919, sometime around
noon a giant tank of molasses exploded. The explosion sent
a wall, some say as high as 15 feet, down Commercial Street,
killing 21, injuring more than 150 and destroying buildings in
its path. It took six years to reach a conclusion of the more
than 100 cases brought. After 3,000 witnesses gave testimo-
ny and six years had passed, the court ruled the United States
Industrial Alcohol Company was negligent and was ordered
to pay almost a million dollars to the plaintiffs.
“Boston Harbor-a Teapot Tonight!” Those were the
cries heard from a gathering of over 5,000 people, more than
one-third of Boston’s population at the time. After leaving
the Old South Meeting House on December 16, 1773 the angry
colonists, joined by others who had been gathering at local
taverns, dumped 340 chests of tea into Boston Harbor (That’s
why the water is still brown.) Many more interesting facts
about the Boston Tea Party can be found at http://www.bostonteapartyship.com/old-south-meeting-house-history. The
British occupied the Meeting House shortly after in 1775, filling it with dirt and using it for horse riding practice, but we
all know how that story turned out. Then the Meeting House
nearly burned in the Great Boston Fire of 1872, but was saved
by the timely arrival of a fire engine from New Hampshire.
The Old South Meeting House is still standing at 310 Wash-
ington Street, a short walk from the law school. It’s open for
tours from 10AM-4PM in the winter.
High fly ball to right center field! Boston is home to the
oldest professional baseball park in America. Fenway Park
opened its doors in 1912 and celebrated its 100th Anniversary
last year on April 20, 2012. The Sox are looking like playoff
contenders this year, so take a study break and catch a game.
Quack, Quack! Don’t take my word for it: take a Duck
Tour. The tour company uses the WWII era DUKW vehicle
(slightly modified from those used to storm the beaches at
Normandy and Guadalcanal) and gives an interesting land
and water historical tour of Boston. Tours leave from the Prudential Center, Museum of Science and Boston Aquarium.
Come back next month for another look at some Boston
history. Welcome to Boston and don’t forget to take a look
around.
D I C T A
October 2013 | 11
COMMENTARY
DeAngelis: The Soul Proprietor
By allie deangelis
Staff Writer
There is this nagging echo that reverberates against my
face every time I talk to a classmate that reminds me daily of
some depressing force of reality. There’s the weak job market, the shaky economy, low funding, and cuts to budgets.
We’ve been having this conversation for the last three or four
years now. Telling someone to get over it seems a little harsh,
so let me mellow the delivery with an anecdote. I am sitting
in my favorite class in the row above a boy who brings his
computer to class. His desktop background is a plain black
screen, with plain white capital letters centered in the middle reminding him to “DO YOUR WORK.” Read that again.
The simplicity of this mantra is so incredibly fitting, more
satisfying than our empty stress and offers some zen comfort
to this crazy life. You go, Glen Coco.
It’s a familiar phenomenon: students with the least
amount of time left before graduation wish to do the least
amount of work. Obviously. We’ve all been there before. If
this time of my life were memorialized by a Thought Catalogue article, the headline would read “Top Ten Things You
Should be Stressing About, Now.” And on this list, I think
school work is number 12. Maybe 15? It depends on how
much money you opted to throw away at the bookstore this
year. Yes, this is Heartbreak Hill for us 3Ls and 4Ls in the
Suffolk Law marathon. We should be hitting our stride, but
instead we are banging our heads against the wall.
It is easy to become preoccupied by the incessant accessory noise and disenchanted by the rat race out to the legal
workforce. However, if you put the cart before the horse, you
may end up spinning your wheels. Stop panicking. Stop reading articles that justify your Gen-Y malcontent with your
place in the world. It’s uncertainty which breeds anxiety.
Our school is a virtual petri dish of sorts, but you can’t let all
the bull distract you from the commitment you made three
or four years ago.
Do your reading, go to class, know your professors and
engage in learning what you signed up to learn. Do your work.
You’ll be fine. If you let fear of the unknown sit on your back,
you will be so worn down you’ll have nothing left when the
clock runs out on this little law school gig of ours. Breathe in
some focus and push the naysayers aside - and don’t forget to
network, network, network.
PHOTO JOURNAL
fútbol
Photos courtesy of the Suffolk Law Fútbol Club.
12 | October 2013
D I C T A