I. Project Mentors
a. What do project mentors do? That’s up to you! Email them questions, ask them to edit something, run an argument past them.
b. Who are they?
1. Sarah Parady,
sarah.parady@nyu.edu, 3L
2. Xinying Chi,
ying.chi@nyu.edu, 3L
3. Peter Devlin,
ped208@nyu.edu, 2L
4. Mimi Franke,
mimifranke@nyu.edu, 2L
5. Alexa Silver,
alexa.silver@nyu.edu, 2L
6. Stephanie Barbour,
stephanie.barbour@nyu.edu, LLM
II. Looking Ahead
a. Continuing projects
b. New projects: If you have an idea for a project topic, contact Tafadzwa at
tafadzwa@nyu.educ. Alternative Spring Break to Miami (immigrant rights), New Orleans (hurricane rebuilding), or Bronx County (severe urban poverty in our backyard)
1. ASB site leader apps will come out Oct. 27
2. There will be an ASB info meeting Nov. 1 at 6:30 in VH 204
3. Site leader apps are due Nov. 15
4. Participant apps will come out right before classes start for 2nd semester
5. If you have questions, contact Mimi Franke at
mimifranke@nyu.edu.
More info will be available at the end of next week.
III. Project Updates
a. Want to protest McDonalds with the Coalition of Immokalee Workers and the Student Farmworker Alliance? More info at www.ciw-online.org and www.sfalliance.org or by contacting Tom Fritzsche (tom.fritzsche@nyu.edu).
b. Project successes
c. Project concerns/feedback/difficulties
1. Guantanamo Cases – World Organization for Human Rights
Project leader: Charlie Wait (3L) – cw864@nyu.edu
Project mentor: Xinying Chi (3L) – ying.chi@nyu.edu
Update: With the recent signing of the Military Commissions Act by the President, the Government will move to dismiss the Al-Odah (and all of the other detainee cases) from the federal court system. This will directly present the Suspension clause issues to the courts. We are also working on challenging portions of the Military Commissions Act which purport to rewrite the Geneva Conventions. Finally, we are thinking of bringing a challenge based on the Convention Against Torture and its implementing regulations. The Project will continue in the spring.
2. Ali al Marri detainee cases – Brennan Center for Public Policy
Project leaders: Jason Rylander (2L) – jasonrylander@nyu.edu; Gunjan Sharma (1L) – gujubrit@gmail.com
Project mentor: Sarah Parady (3L) – sarah.parady@nyu.edu
Update: The al Marri group is supporting the Brennan Center in its case against the government on behalf of a detainee labeled by Bush as an "enemy combatant". We are mainly working on two issues related to the dismissal of al Marri's habeas petition, which is now being appealed: 1) whether the President has the authority to detain indefinitely a non-citizen who is legally in the United States by labeling him an "enemy combatant", and, assuming the right to detain, 2) what process is due to such an individual, including the ability to challenge the factual basis for the detention. The group is looking at: previous terrorism prosecutions since 9/11; the AUMF, PATRIOT Act, and the newly-passed Military Commissions Act (MCA); hearsay and the right to confront witnesses; and the possible retroactivity and applicability of the MCA to this case. Our work will finish soon, as the Brennan Center's brief is due November 13.
3. Rendition to torture – World Organization for Human Rights
Project leader: Mike Young (2L) – myoung@nyu.edu
Project mentor: Xinying Chi (3L) – ying.chi@nyu.edu
Update: The Rendition group has gotten off to a slow start because of difficulty getting documents. They met with WOHR 2 weeks ago and have a better idea of their research questions. The will be given WOHR a draft brief by the end of the semester. Project will likely continue next semester.
4. Impact of the Bush Administration – Center for Constitutional Rights
Project leader: Sarah Fick (2L) – sarah.fick@nyu.edu; Craig Bolton (2L) – cebolton@nyu.edu
Update: We are researching the impact of the Bush administration on the Constitutional balance of powers. Teams are researching four areas: signing statements, domestic surveillance, court stripping, and the State Secrets doctrine. The research portion is almost done, and the team will start writing up our findings next week.
5. Anti-terrorism & Human Rights – Human Rights Watch
Project leader: Tafadzwa Pasipanodya (2L) – tafadzwa@nyu.edu
Update: Our team just turned in our primary assignment for Human Rights Watch. Ten of us, including some LLMs who were kind enough to jump in at the last minute with language and legal expertise, developed memos on various aspects of “glorification of terrorism” and “incitement to terrorism” crimes. We translated and summarized a Spanish case and a Dutch case that each involved the conviction of minorities for glorifying or promoting terrorism. We also provided a human rights analysis of these decisions by comparing the reasoning in each case with case-law of the European Court of Human Rights, conventions against terrorism, and non-governmental policies on the balance between freedom of speech and national security. Some of us also researched case-law in France, Denmark and Spain in order to find new cases on incitement or glorification of terrorism.
6. Women refugee rights – World Organization for Human Rights
Project leader: Kristin Connor (2L) – kconnor@nyu.edu
Project mentor: Alexa Silver (2L) – alexa.silver@nyu.edu
Update: We divided into 3 groups to research procedural, substantive, and factual issues in the Gao case pending possible rehearing in the 2nd Cir. Gao is a Chinese immigrant who filed an asylum claim based on her fleeing a forced marriage in China and being unable to safely relocate within China. We submitted to WOHR an outline of our arguments in preparation for writing a draft brief that will be filed with the 2nd Cir., the Board of Immigration Appeals, or the Supreme Court depending on whether the 2nd Cir. decides to rehear the case. Work on related topics of not the same case will likely continue next semester.
7. ATCA lawsuit against Yahoo – World Organization for Human Rights
Project leader: Delia Hou (2L) – delai@nyu.edu
Project mentor: Peter Devlin (2L) – ped208@nyu.edu
Update: Several journalists in China have been detained and tortured after Yahoo provided internet subscription information to the government. Our main project is to write a brief in opposition to the motion to dismiss that Yahoo will file once WOHR files their complaint near the end of October. However, the task that currently looms large is writing an amicus brief for a case on appeal in the 9th Circuit because it will become precedent for our Yahoo case. The amicus brief is to be filed in about 4.5 weeks. In trying to establish corporate liability for torture under the Alien Tort Claims Act and Torture Victim Protection Act, we are dealing with two main issues: how private actors can be liable for torture rather than only state actors, and alternatively, how corporations can be held accountable for aiding and abetting the government activity.
8. ATCA lawsuit against Talisman Oil – Center for Constitutional Rights (CCR)
Project leaders: Dan Firger (1L) – firger@nyu.edu; Rosalia Gitau (1L) – rosaliagitau@gmail.com
Update: The defendant in our case was granted summary judgment by a judge in the southern district on september 16. CCR is now preparing an appeal, and our research team is looking into the working definitions of aiding and abetting and conspiracy used by the ICC, ICTY and ICTR. We’ve divided up the research into teams of 2 or three and are looking forward to hopefully meeting with several of the lawyers from CCR later this week. We’ve been off to a slow start, but i think everyone’s excited to dig in, especially with how timely this is, with the dismissal just a few weeks ago.
9. ATCA lawsuit against Royal Dutch Petroleum (Shell) – CCR
Project leader: Kristen Berg (2L) – kbt215@nyu.edu
Project mentor: Sarah Parady (3L) – sarah.parady@nyu.edu
Update: CCR is suing Royal Dutch Petroleum for their role in the death of Nigerian activist, Ken Saro-Wiwa. The Wiwa project has undergone quite a bit of change recently. After a court ruled for summary judgment, we are now involved with CCR's efforts to have the court reconsider claims it has dismissed. In light of new information obtained from witnesses, CCR is looking to amend its original complaint. Our group is helping research how to amend the complaint, as well as working on related motion practice.
10. Human rights and disasters – National Economic and Social Rights Initiative
Project leader: Sima Fried (2L) – sgf221@nyu.edu
Project mentor: Mimi Franke (2L) – mimifranke@nyu.edu
Update: The group is analyzing “best practices” as related to disaster preparedness in the US and abroad. “The project seems to be going well. I think we got off to a slow start, but things are starting to fall into place. The first few weeks were spent trying to find organizations that do disaster relief work, either in the area of housing, health, or general relief. Some of the group members were able to find stuff, others had a bit more difficulty. I’m scheduled to speak with Sharda this week to give her an update and discuss possible leads and next steps.”
11. State Constitutional Human Rights Training Manual – NESRI
Project Leader: Liz Kukura (1L) – kukura@nyu.edu
Update: This project is still getting off the ground. It’s being run as a cooperative project with students from Cardozo, and the team is excited to get started. Hopefully the communication issues will be resolved shortly and research can begin.
12. Coalition of Immokalee Workers (CIW) Campaign against McDonalds – NESRI
Project leader: Tom Fritzsche (1L) – tom.fritzsche@nyu.edu
Project mentor: Peter Devlin (2L) – ped208@nyu.edu
Update: “We are working on a brief outlining a stakeholder right to participation. The brief will be submitted to the Norwegian Petroleum Fund's Council on Ethics in order to encourage it to include participation as a human right under its Ethical Guidelines for investment. After it adopts this guideline, together we will encourage the Fund to use its investment in McDonald's as leverage to pressure the company to increase wages paid to the tomato pickers who work for its suppliers. Our primary challenge has been the lack of precedent for a human right to participation. However, it's an exciting project because some kind of action and results are expected early next semester.”
13. Natural gas buses – West Harlem Environmental Action (WE ACT)
Project leader: Annie Dwight (2L) – adwight@nyu.edu
Update: The environmental justice group has completed the following tasks:
1. Research on issues that affect the Transportation Workers Union members’ exposure to diesel pollution, including Occupational Safety and Health Act regulations and possible Workers’ Compensation Benefits;
2. Research on ways to control residents’ and transportation workers exposure to these fumes, including best available control technology for installation in bus depots and environmental regulations that govern emissions from bus depots;
3. Preparing residents to testify at the City Council Hearing.
The hearing was held on Wednesday, October 18th. Our group has completed the project.
14. Transitional justice in Peru – PRAXIS
Project leader: Rebecca Bers (2L) – rab416@nyu.edu
Update: The Praxis group is working on a reconciliation research project. We have all done some background reading, and will each focus on a specific area of reconciliation (for example, judicial reform, reparations, amnesty laws, public outreach). We expect to have preliminary research done by the end of the semester, but hope to continue into the spring with the same topics.
15. Refugee and IDP Law project – International Refugee Rights Initiative
Project leader: Tammy Shoranick (2L) -
tammy.shoranick@nyu.eduUpdate: This group was just formed recently in response to the high demand for projects relating to refugees. They are researching the current law pertaining to Internally Displaced Persons in the Great Lakes region of Africa. IRRI will use this information to help monitor and assist in the implementation of a new Protocol soon to be approved by the OAU. The project is just getting off its feet, but the group is making progress.
16. Indigent capital defense – Louisiana Capital Assistance Center
Project leaders: Robyn Mar (2L) – robynmar@nyu.edu; Kate Baer-Truer (2L) – kbt215@nyu.edu
Update: Our group has been researching prosecutorial misconduct in closing arguments. We have focused on Louisiana State Law (both Cases and Statutes), but have also looked to federal law (with an emphasis on the Supreme Court and the Fifth Circuit) and to other states (cases and statutes). This research portion is now coming to completion and within the next couple of weeks we will begin organizing the types of misconduct we have uncovered (i.e. referring to the defendant's failure to testify or calling the defendant an "animal") according to the legal reasoning underlying each prohibition (i.e. it unfairly appeals to emotion and racial bias and thereby distracts the jury from conducting a logical, well-reasoned analysis of the individual facts of the case). Once this has been done we will write up our findings for publication in the Louisiana State Defender's Manual.
