Lewis & Clark Law School – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Advocating with a Passion: Why a Career in Public Interest Law is Worth Considering https://legacy.lawstreetmedia.com/schools/advocating-with-a-passion-why-a-career-in-public-interest-law-is-worth-considering/ https://legacy.lawstreetmedia.com/schools/advocating-with-a-passion-why-a-career-in-public-interest-law-is-worth-considering/#respond Thu, 07 Apr 2016 14:24:44 +0000 http://lawstreetmedia.com/?p=51104

Do you want to make a difference?

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Are you mission-driven? Motivated by your devotion to a cause? Ready to make an impact on the world? Fueled by a desire to help others? There’s a field of law that needs your passion.

Public interest lawyers provide voices to the members of our society who are so often overlooked, help to save the environment, take on oppressive laws, and fight for fairness. If you are a changer-of-the world looking for meaningful work that will feed your desire to make real change, public interest law is a path you should consider.

Lewis & Clark Law School, located in Portland, Oregon, has one of the leading Public Interest Law programs in the country, making it a great place for aspiring public interest lawyers to get their start.

So…what exactly is Public Interest Law?

Public interest work is not confined to any one political ideology or legal practice area. It is work undertaken to advance justice, fairness, and protection of the public, rather than for commercial or personal gain.

Put simply, public interest law is more than just a job–it’s a calling. As Tracy Sullivan, Executive Director of Public Interest Law at Lewis & Clark says, public interest law is mission-driven, meaning that lawyers who go down the public interest path aim to accomplish some sort of goal that benefits the greater public rather than an individual, corporation, or private entity seeking commercial gain. Public interest law certainly isn’t confined to any one specialty or practice. Here are just a few examples of public interest law passions:

  • Criminal Justice ReformThe criminal justice system in the U.S. has its flaws–from wrongful convictions to the lack of resources available for offenders once they reenter society. Public interest lawyers working on criminal justice reform aim to fix these and other problems to make sure that the system is actually just.
  • Environmental Law: We need to protect the environment for future generations, and some of the best ways to do so are through the law. Some public interest lawyers work on crafting legislation to protect the environment; work to enforce existing environmental laws; and bring to justice those who harm the environment.
  • Victim Advocacy LawVictims’ rights law aims to carve out a space for victims in the criminal justice system. Advocates work to ensure that victims’ rights, such as the right to be protected from the accused and the right to have their say in court, are upheld.

Why do Students Focus on Public Interest Law?

Here’s what some Lewis & Clark Law students say about why they were drawn to public interest law.

Chelsea Sandbloom, a 2L from Washington, told me about how volunteering and working at nonprofits while in college drove her obtain “a graduate degree where I could better advocate for those who are underrepresented or marginalized in society.”

Zachary Winston, a 3L from New York, won last year’s Oregon New Lawyers Division Pro Bono Challenge Award for completing the most pro bono hours at Lewis & Clark Law School. He has a deeply personal reason for his desire to work in the field of public interest. While an undergraduate student, Winston made a bad decision one night and was arrested on felony charges. “After taking responsibility for my actions and pleading guilty, I was incarcerated for seven months,” he says. “While incarcerated, I witnessed many injustices in the criminal justice system. After being released, I knew I had to give back to underrepresented communities by trying to reform it.”

Laura Russell, a 3L at Lewis & Clark Law School who focuses on public interest, with a concentration in health law, told me about her journey, stating:

I knew from an early age that I wanted to be a public servant, I just wasn’t sure in what capacity. Then, just out of college, I got a job working in health care. My job was, essentially, to educate people about state and federal health care coverage options. It was at that job where I started to really understand issues of health justice. I knew I wanted to have a career that would allow me to advocate for, and with, vulnerable populations on both an individual and systemic level. There are an abundance of lawyers in this country, but what we really lack, are public interest lawyers. Public interest law is not lucrative, and it often feels like it’s a perpetual uphill battle but I can’t imagine any more gratifying work. It’s the kind of work that can change lives and communities.

At the end of the day, while each public interest law school student’s story is going to be different, there’s a consistency that rings true–a drive to help others and seek justice.

Why You Should Consider the Public Interest Law Program at Lewis & Clark Law

First and foremost, the results speak for themselves. Lewis & Clark’s Public Interest Law program is one of the best in the country, and it feeds more graduates into careers within the realm of public interest law than the national average among law schools.

Support from the School

Tracy Sullivan, the executive director of the program, talked about the wealth of resources that the school offers to its students. The school offers a certificate program specifically focused on public interest law, which emphasizes pro bono work from day one. According to Sullivan, Lewis & Clark Law students have completed roughly 22,000 hours of pro bono work this year–a huge service to the Oregon and national communities.

To help students support themselves while taking on pro bono work, Lewis & Clark Law offers a number of stipends. Additionally, Lewis & Clark Law helps graduates connect with the loan repayment assistant program, and one of its student organizations helps contribute to the funds used for that program.

Support from Fellow Students 

One of the most active student groups on Lewis & Clark Law’s campus is the Public Interest Law Project (PILP). Its mission is to “help fill the justice gap between those who need attorneys and those who can afford attorneys. PILP helps fill this gap by providing students ways to afford to take on this work both as students and as lawyers.” PILP provides Lewis & Clark Law students with a robust community of students also interested in public interest law, as well as events and resources.

Experience Combined With Classes 

Lewis & Clark Law has a fantastic externship program, providing work opportunities to students while they’re still completing their studies. This emphasis on work experience while in law school helps students get jobs. Sullivan explained that employers in the public interest sphere love to see a continued commitment from students throughout their time in school. Lewis & Clark Law also helps students find those placements after graduation, with services like the NW Public Service Career Fair.

What’s Next?

The practice of law is all what you make of it. Public consciousness seems to be at an all time high–from the inception of the Black Lives Matter movement, to increased emphasis on environmental law, to discussions about wrongful convictions sparked by cultural phenomena like “Serial” and “Making a Murderer”–we’ve been hearing a lot about the need for justice for all. If you’re interested in making a difference, public interest law could be the way to go, and Lewis & Clark Law is looking for passionate students to join the next generation of public interest lawyers. Learn more about the program here.

Editor’s Note: This post has been updated to clarify the number of pro bono hours worked by Lewis & Clark Law Students. 

Lewis & Clark Law School
With robust practical skills options, flexible scheduling, and a faculty invested in your success, Lewis & Clark Law School is an ideal place to start a legal career. The school’s innovative programs, such as the NCVLI, CJRC, and the criminal law certificate program, offer students the opportunity to learn and work in a rigorous, collegial environment in scenic Portland, Oregon. Learn more at law.lclark.edu. Lewis & Clark Law School is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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Top Five Reasons Young Law and Policy Minds Should Check Out Portland, Oregon https://legacy.lawstreetmedia.com/schools/top-five-reasons-young-law-and-policy-minds-should-check-out-portland-oregon/ https://legacy.lawstreetmedia.com/schools/top-five-reasons-young-law-and-policy-minds-should-check-out-portland-oregon/#respond Wed, 16 Dec 2015 14:55:08 +0000 http://lawstreetmedia.com/?p=48604

Looking to make a change? Check out Portland, Oregon.

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Portland, Oregon, has long been heralded as one of the hottest cities for millennials. Home to Lewis & Clark Law School, it’s also a great city for young lawyers, as well as young aspiring lawyers. If you fit into one of those categories, and are considering a move, check out some of the top reasons to give Portland a look.

The Economy

Things are looking relatively good for Portland’s economy. It’s been dubbed a hub of entrepreneurship, with a hot startup scene. In addition, major corporations including Nike, Wieden+Kennedy, and Intel have their largest campuses in the Portland metro area. Portland’s major industries–software, athletic and outdoor products, advanced manufacturing, and green building and technology–promise to be consistently strong fields in the years to come.

Portland also boasts a lower unemployment rate than the rest of the United States, a higher median household income, and a very well-educated population.

Food Scene

Portland’s food scene is consistently ranked as one of the best in the U.S. The city has also been ranked as one of the most affordable U.S. cities when it comes to good cuisines–great news for any aspiring foodies who are in law school or pre-law and don’t want to break the bank. There’s lots of great niche food there too–from great local craft brews to vegetarian and vegan selections.

Check out this feature below on Portland’s innovative food carts for a snapshot of the city’s food scene:


The Population

Portland has seen a huge increase in population growth over the last few years. Portland had the 15th largest metro-area population growth in 2013-2014 (out of the top 50 largest metro areas.) With a population now at 2.35 million, Portland saw 33,500 new residents move into its metro area borders from 2013-2014 alone. Nearly half of those new residents came from different areas of the country, and another 15 percent are international transplants. That kind of wide breadth of transplants is sure to lead to a mix of cultures and voices.

Ted Reid, who works on Metro Planning in the area, explained:

This population growth speaks to the attractiveness of our region’s communities as places to live and work. With two-thirds of the growth coming from people moving here from elsewhere, this is right in line with our long-term forecast. The challenge that we have is to improve people’s quality of life as the population grows. More than ever, there’s a need to plan ahead.

Sustainability and Focus on the Environment

Portland is all about sustainability. Take, for example, the commuting scene in Portland. Portland has a fantastic public transit system, and it’s one of the most bike-friendly cities in the nation. From 2000-2014, the number of workers in Portland who commute by bike jumped from 1.8 percent to 6.1 percent. According to the League of American Bicyclists, Portland was the city with the highest number of bike commuters in 2013.

Portland also extends its focus on sustainability to the food scene, which in addition to being fantastic (see above) has a big commitment to using locally-sourced ingredients. Portland has standout green policies and follow-through: the city’s recycling rate is almost 60 percent, which is pretty impressive compared to the nationwide rate of 34.1 percent. The city-wide composting program is also unique and shows commitment to environmental responsibility.

And if you’re rolling your eyes about the fact that you already knew about Portland’s sustainability track record from the show “Portlandia,” that’s alright, because Portland’s sustainability chief Susan Anderson admits that the show draws some inspiration from real life. She said about Portlandia:

I always say it’s less of a parody and more of a biography. Our [former] mayor is the mayor’s assistant [on the show]. What’s interesting are the parts that [make] people in other cities think, ‘Aw, I wish we were that place.’ It’s not the over-the-top, goofy parts, but the human-scale part of Portland. It’s really walkable and there are restaurants on the corners and there are food carts everywhere. The air and water are generally very clean. You can recycle everything. Portlandia is a parody but a lot of those things are actually normal here.

The Legal Field

Portland’s legal scene will see new challenges in coming years–including an attempt to regulate the burgeoning marijuana market, now that Oregon has legalized it. While the legal market in Portland isn’t necessarily as robust as other parts of the U.S., a large pool of practical training opportunities are available for law school students while they’re still studying. For example, there’s the Oregon Justice Resource Center, which worked to start a new branch of the Innocence Project. The Innocence Project works to free those who have been wrongfully convicted. The OJRC allows law students to provide attorneys with research and assistance on death penalty cases.

Portland is also a center of change and growth in business that may be reflected in the legal field in years to come. There’s been a rise in IP and patent work, probably tied to the fact that Portland is a leading tech hub–its tech talent growth has outpaced Silicon Valley’s. Other of Portland niches, such as sustainability and food ethics, have also found a way to shine within Portland’s legal market. For example, Lewis & Clark Law recently hosted a forum to discuss food law. It’s a revolutionary and developing facet of law that promises to grow as Americans become concerned about the ethics of eating. Another field being pioneered in Portland is Animal Law, as the Center for Animal Law Studies is located there. Its annual Animal Law Conference  tasks itself to take on “cutting-edge global animal law issues including protecting animals in their native countries; international marine mammal challenges; animal testing outside the US; factory farming worldwide; animals in constitutions; litigation and legislation updates; and much more.”

So, if you’re thinking about a change, why not check out Portland? There’s a lot it can offer.

Lewis & Clark Law School
With robust practical skills options, flexible scheduling, and a faculty invested in your success, Lewis & Clark Law School is an ideal place to start a legal career. The school’s innovative programs, such as the NCVLI, CJRC, and the criminal law certificate program, offer students the opportunity to learn and work in a rigorous, collegial environment in scenic Portland, Oregon. Learn more at law.lclark.edu. Lewis & Clark Law School is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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Lewis & Clark Law School’s New Criminal Justice Reform Clinic Fills Holes in the Criminal Justice System https://legacy.lawstreetmedia.com/schools/lewis-clark-law-schools-new-criminal-justice-reform-clinic-fills-holes-in-the-criminal-justice-system/ https://legacy.lawstreetmedia.com/schools/lewis-clark-law-schools-new-criminal-justice-reform-clinic-fills-holes-in-the-criminal-justice-system/#respond Mon, 05 Oct 2015 15:51:35 +0000 http://lawstreetmedia.wpengine.com/?p=47695

A move to benefit law students and the community.

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Lewis & Clark Law School is now offering its students an innovative way to gain hands-on experience with criminal law. A new clinic called the Criminal Justice Reform Clinic is a collaboration between the law school and the Oregon Justice Resource Center (OJRC) and will benefit both law school students, and members of the community in need of legal resources.

The OJRC is a non-profit founded by Lewis & Clark Law School graduates in 2011. Its mission is to:

Dismantle systemic discrimination in the administration of justice by promoting civil rights and enhancing the quality of legal representation for traditionally underserved communities. In the spirit of this mission and in collaboration with other like-minded organizations, OJRC believes in an integrative, three-pronged approach to systemic change and achieving its goals in the core areas of criminal defense and wrongful convictions: 1) advocating for individual clients and systemic change in the law; 2) educating future social justice lawyers; and 3) engaging the community in a dialogue about our justice system.

I had the opportunity to talk to law Professor Aliza Kaplan, who is supervising the clinic, about its inception and goals. She explained that the students who are involved in the clinical program will have the option of being involved in three different projects, providing different ways to engage in the criminal justice system.

The first project involves working in tandem with the Oregon Innocence Project. The Oregon Innocence Project was launched by the OJRC just last year, and focuses on exonerating those who have been wrongly convicted by investigating their claims, re-testing crucial evidence like DNA, and following up on appeals if needed.

Another avenue for students to get involved is the Criminal Justice Project. It focuses on reforming the Oregon criminal justice system in a number of ways, including an arm that works directly on death penalty reform. The students who participate in the Criminal Justice Project will also have the opportunity to work on Eighth Amendment  and sentencing issues and to get involved in the Amicus Curiae Project. The Amicus Curiae Project “provides amicus assistance on the state level in cases that present significant social justice issues that are related to criminal defense, civil rights, juvenile justice, or are of particular importance to traditionally underserved communities,” says Kaplan.

The final project that clinical students can work on is a new endeavor called the “Reentry Law Project,” a joint project with Mercy Corps, which will provide much-needed legal services for people once they’ve been released from prison. There are myriad legal issues that people who have been released from prison face, including problems with immigration, healthcare, and housing.

The clinic offers new opportunities to students at Lewis & Clark Law School, and a valuable service to the Portland community. Law students interested in criminal justice issues were lacking an outlet through which to gain hands-on experience. Since the inception of the OJRC, students have been volunteering with the organization and gaining experience working in this field. The new clinical program will increase student involvement, participation, and benefits while meeting community need.

The OJRC has only been around since 2011, and the social justice issues it faces head on are just beginning to be recognized in Oregon. In doing so, the OJRC is tackling a massive field–the conversation about the inadequacies and difficulties inherent in our criminal justice system have never been more visible than they are now. Law school students, regardless of where they are attending school, are on the precipice of entering a legal environment that is being forced to confront these issues–getting hands on experience while still in law school can only strengthen the skills of the students once they enter that environment.

As Professor Kaplan explained to me, the OJRC has taken on a broad remit as an advocate for reform across a range of criminal legal issues as well as providing client services and raising the funds and awareness that are crucial to its success. For students, being part of the OJRC in an official role through the Criminal Justice Reform Clinic provides insights that cannot be found in a classroom. For the organization itself, the students’ contribution allows more to be achieved in less time, helping the OJRC to advance its mission in Oregon more quickly and more profoundly.

 

Lewis & Clark Law School
With robust practical skills options, flexible scheduling, and a faculty invested in your success, Lewis & Clark Law School is an ideal place to start a legal career. The school’s innovative programs, such as the NCVLI, CJRC, and the criminal law certificate program, offer students the opportunity to learn and work in a rigorous, collegial environment in scenic Portland, Oregon. Learn more at law.lclark.edu. Lewis & Clark Law School is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

The post Lewis & Clark Law School’s New Criminal Justice Reform Clinic Fills Holes in the Criminal Justice System appeared first on Law Street.

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Victims in the Justice System: What Are Their Rights? https://legacy.lawstreetmedia.com/issues/law-and-politics/victims-in-the-justice-system-what-are-their-victims-rights/ https://legacy.lawstreetmedia.com/issues/law-and-politics/victims-in-the-justice-system-what-are-their-victims-rights/#comments Mon, 04 May 2015 13:50:36 +0000 http://lawstreetmedia.wpengine.com/?p=36904

While rights for criminal defendants are well defined, victims' rights law is a small field. Find out more.

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NCVLI staff raise awareness, courtesy of [National Crime Victim Law Institute via Facebook]
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An unfortunate reality of the world in which we live is that new crimes are perpetrated and new victims are created every day. There’s a firmly carved out space in our justice system–and by extension, our society–for offenders. But what about the victims of crimes? What spaces do they occupy in our justice system, and what rights do they have? Read on to learn about the pressing issues in victims’ rights, and what progress is being made to advocate for victims within our justice system.


What are victims’ rights?

The newly developing field of victims’ rights law comes from the theory that there needs to be a place for the victim in the justice system and within the victim’s own legal process. Currently there are two players in our traditional criminal justice system: the prosecutor and the defendant. However, victims’ rights advocates argue that this construction leaves little or no room for the victim of the crime, and that instead the victim is treated as another piece of evidence or as an aside. Victims’ rights advocates work to create a space for victims in the court room, or any other part of the legal process.

Much of victims’ rights theory is focused on the concept of agency: victims are independent people who should be able to play their own roles in the discussion of the crimes perpetrated against them. Often victims don’t have access to lawyers or advocates; victims’ rights law provides appropriate channels for their voices, and can involve appointing legal representation to victims.

Victims’ rights law is broad, amorphous, and serves as an umbrella for different aspects of how victims interact with the legal system. According to the Department of Justice, victims’ rights include:

  1. The right to be reasonably protected from the accused.
  2. The right to reasonable, accurate, and timely notice of any public court or parole proceeding involving the crime, or of any release or escape of the accused.
  3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
  4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
  5. The reasonable right to confer with the attorney for the government in the case.
  6. The right to full and timely restitution as provided in law.
  7. The right to proceedings free from unreasonable delay.
  8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.

One particularly important aspect of victims’ rights law is enforcement, or the ability of victims to actually assert themselves into a criminal case. The National Crime Victim Law Institute is at the forefront of the push to train lawyers in this discipline and support crime victims in the justice system.

National Crime Victim Law Institute

The National Crime Victim Law Institute (NCVLI), an institute housed within Lewis & Clark Law School in Portland, Oregon, is the foremost authority in victims’ rights law. Founded in 1997, the NCVLI “promotes balance and fairness in the justice system through crime victim centered legal advocacy, education, and resource sharing.” Among a variety of tools and initiatives, the institute trains actors in the justice system, from attorneys and judges to the victims themselves, on the scope and enforceability of victims’ rights. Additionally, the institute’s National Alliance of Victims’ Rights Attorneys provides a network of legal advocates who work for free on behalf of crime victims. The NCVLI also hosts the Crime Victim Law Conference, which is the only national conference of its kind that focuses on training and educating crime victim advocates. Watch the video below for more information on the conference.


Examples of Victims’ Rights

Right to Notice

The right to notice is a “gateway” right that needs to be afforded to victims, meaning that if a victim does not receive the right to notice, he will not be able to participate in the rest of the proceedings. The NCVLI sheds further light on this right. According to the NCVLI, the right to notice is the “right to advisement of the existence of crime victims’ rights and the right to advisement of specific events during the criminal justice process.” The right to notice can include that the victim receives notice for proceedings such as hearings, trials, or the possible release or parole of the person who perpetrated the crime against the victim. As with many of these rights, the ways to invoke the right to notice varies from state to state, and can sometimes require that a victim request notifications.

Right to Be Present

The right to be present, or the right of the victim to stay in the courtroom during the trial of the accused, used to generally be considered a given. According to the NCVLI, however, that changed in 1975 with the adoption of Federal Rule of Evidence 615 (and the adoption by many states in their rules of evidence as well), which allows for the sequestration of all witnesses, save a party representative from each side. If the victim is a witness, he will not be allowed to stay in the courtroom during the trial. While this rule prevents witnesses from having their testimony altered by what they observe in trial, it takes away the right to be present from victims. States have started to backtrack on this; many states now guarantee the right to be present, or leave it up to the states’ discretion, but there are still states where victims are excluded from proceedings.

Right to Be Heard 

The right to be heard deals specifically with victims’ ability to actively participate in the criminal proceedings of those who committed a crime against them. The right to be heard allows the victim to speak to the court at various stages, either verbally or through a written statement, although in many states how exactly this plays out is up to the court’s discretion. Points at which a victim may wish to address the court include release, plea, sentencing, and parole. In federal cases, the Crime Victims’ Rights Act (CVRA) allows the victim to reasonably address the court at proceedings such as parole, release, or plea hearings.

Right to Protection

right to protection works to ensure that the victim will not be harassed or discriminated against because of his role in the proceedings, or for his status as a victim. This includes keeping the victim updated on the status of the offender, particularly when it comes to things like parole and release status, or if the offender escapes. Victims have the right to feel safe, even if they participate in the legal proceedings against the person(s) who wronged them.

Other Rights

There are significantly more rights that should be afforded to victims–the above list is not exhaustive. Other victims’ rights issues include the rights to due process, fairness, dignity, and respect; the right to information and referral; the right to apply for victim compensation; the right to proceedings free from unreasonable delay; the right to confer; the right to a copy of the pre-sentence report and transcripts; and the right to standings and remedies.


Victims and Attorneys

In a court case, the defendant is guaranteed access to an attorney, though whether or not he chooses to exercise that right is up to the individual. Victims, however, do not have the same right. Prosecutors are not attorneys for the victim–they are attorneys for the state, or the “people.” They don’t necessarily have to do what is best for the victim; they are required to do their job as sanctioned by the government.

On the other hand, attorneys for victims can advise them of their legal rights, and help them act upon them. These lawyers can advocate for the victims’ rights listed above in states where those rights are not guaranteed, fight for restitution in cases where victims owe medical bills or other related costs, ensure that a victim’s records are not allowed to be exploited, as well as many other ways in which a victim may need assistance.


Challenges in Victims’ Rights Law

Victims’ rights work is currently a rather small field of work. While the recognition of the need of victims’ rights law has grown over the last several decades, there are still very few lawyers, institutions, and funding available for the practice. In addition, victims’ rights law features some unique challenges, some of which are described below.

Changing the Culture

One of the largest problems to overcome for those working in the victims’ rights field is the current culture of our justice system, and the need for balance between victims’ and defendants’ rights. There are plenty of rights afforded by our constitution and other governing legal documents and procedures that protect defendants. For example, the Fourth, Fifth, and Sixth Amendments in the Bill of Rights. However, rights for victims aren’t similarly ingrained in our society; moreover, there are concerns that granting rights to victims takes away from the rights of defendants. Countering that culture and finding an appropriate balance is a struggle for those who work in the field of victims’ rights.

Funding and Time

Given that victims’ rights law is a relatively small field and requires a lot of work, those who work in the field do have a problem gaining funding. According to Meg Garvin, Executive Director & Clinical Professor of Law at the NCVLI, there are very few people who work in victims’ rights law particularly, and funding is hard to come by. As NCVLI points out on its website:

Did you know the average amicus curiae brief requires 140 hours of attorney time? Some briefs, including those to the United States Supreme Court, require much more time, and most also require payment of filing costs. The fair market value of just the attorney time on the average brief is $36,400.

Arguments Against Victims’ Rights

Those who work in victims’ rights law also have to deal with the debate over whether or not a move toward more robust and protected victims’ rights is appropriate. Critics of the field of victims’ rights law point to the logistical difficulties of including victims in proceedings, and again cite the need for witness sequestration. There is also concern over how to deal with crimes that have multiple victims, particularly if the victims all want different things or have contrasting views that may further complicate the case.

Furthermore, there are worries about the ethics of advocating for victims before the offenders are actually declared guilty. As Wendy Kaminer of the American Prospect puts it,

The practical problems posed by the victims’ rights amendment are, however, less daunting than its repressive ideology. It attacks the presumption of innocence. When we identify and legally empower a victim before conviction, we assume that a crime has been committed, although that is sometimes disputed at trial (think of an acquaintance rape case); we also assume the veracity and reliability of the self-proclaimed victim.


Conclusion

Victims’ rights law focuses on an important, seemingly often forgotten person in any case–the victim. Victims’ rights encompass almost every aspect of the justice system, from allowing victims the right to notice, to granting them an active role in proceedings. Victims’ rights law isn’t just limited to the courtroom, either, but plays a role in policy discussions and advocacy throughout our legal system. Advocating for the victim to play an active role can ensure that our justice system is as fair, effective, and representative as possible.


Resources

Primary

Office of the United States Attorneys: Crime Victims’ Rights Act

National Archives: Bill of Rights

NCVLI: Fundamentals of Victims’ Rights: A Summary of 12 Common Victims’ Rights

Office of Justice Programs: Office for the Victims of Crimes

NCVLI: Victim Law Library

Additional

American Prospect: Victims Versus Suspects

National Association of Victims’ Rights Attorneys: Pro Bono

ACLU: Factsheet on the Proposed Victims’ Rights Amendment

Lewis & Clark Law School
With robust practical skills options, flexible scheduling, and a faculty invested in your success, Lewis & Clark Law School is an ideal place to start a legal career. The school’s innovative programs, such as the NCVLI, CJRC, and the criminal law certificate program, offer students the opportunity to learn and work in a rigorous, collegial environment in scenic Portland, Oregon. Learn more at law.lclark.edu. Lewis & Clark Law School is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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Eat, Pray, Law: Lewis & Clark Law Forum Discusses Food Law https://legacy.lawstreetmedia.com/schools/eat-pray-law-lewis-clark-law-forum-discusses-food-law/ https://legacy.lawstreetmedia.com/schools/eat-pray-law-lewis-clark-law-forum-discusses-food-law/#comments Tue, 14 Apr 2015 13:58:16 +0000 http://lawstreetmedia.wpengine.com/?p=36168

Lewis & Clark's Eat, Pray, Law forum generated a ton of buzz around the field of food law.

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Image courtesy of [Lewis & Clark Law School]
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Portland’s Lewis & Clark Law School, the top-ranking law school in the country for Environmental and Energy Law, opened its doors for the first “Eat, Pray, Law” food forum on March 13, 2015. Food affects pretty much every part of our lives, and concerns about food exist at every level. From an individual perspective, we all obviously want to be comfortable with the nutrients we put into our bodies; on a larger scale, questions of sustainability, regulation, and equality all have their parts to play in a discussion about the ethics and legal issues of our food industry. In an attempt to answer some of those questions, Lewis & Clark brought together a day of panels to engage in lively discussion on some of the most pressing questions in food law.

I had the opportunity to speak to two of the event’s organizers, Janice Weis, the Associate Dean and Director of the Environmental & Natural Resources Law Program, and Vytas Babusis, a 2L and the President of the law school’s Food & Wine Law Society, in order to answer some of my questions about the event’s inception, purpose, and reception.

The fact that there’s been rising interest in topics such as sustainable eating, food justice, and food ethics is no surprise. But Dean Weis reports seeing a noticeable uptick in applicants who cite food law and policy as topics of interest in recent years. Given Lewis & Clark Law’s cutting edge environmental, animal, and business law programs, delving into the different facets of those issues seemed like a natural fit. It was out of this collaboration that the “Eat, Pray, Law” forum was born.

The event hosted at least 120 attendees, although Babusis told me he believed there were more who were drawn in at the last moment who had not registered. The day started out with a keynote speech from Congressman Earl Blumenauer, who represents Oregon’s third district.

Blumenaur discussed the ongoing attempts to overhaul the “Farm Bill” to reflect current food policies and public consciousness.

Each of the three departments–environmental law, business law, and animal law–had a panel that loosely corresponded to it. Weis told me the panels touched on a veritable “potpourri” of hot issues in food law. Most interestingly, she also reported that while each panel had its own focus, consistent themes were apparent across the discussions–a good reminder that so many aspects of food law and policy intertwine and intersect.

One of those consistent themes was a focus on transparency–consumers want to know what is in their food, where it comes from, and the collateral effects of its production. This applies across the board–from consumers reporting these concerns, to the possibility of government regulations to ensure greater transparency, to businesses making the commitment to provide greater transparency.

The day wrapped up with a discussion on food justice. Babusis explained food justice as he sees it by saying,

For me “food justice” is doing the right thing for the planet and for the people in every aspect along the food chain.

He continued:

If we truly understand where our food grows, how to grow it sustainably regenerating the soil and what we have to do to feed people the right food from plants to animals, then we are better prepared to make laws which encourage that and know best how to help those in the industry from employment, IP and business law, to environmental and animal advocacy.

An important facet of food justice is the accessibility of food for many of our low-income citizens. “Food deserts” are defined by the Department of Agriculture as:

Urban neighborhoods and rural towns without ready access to fresh, healthy, and affordable food. Instead of supermarkets and grocery stores, these communities may have no food access or are served only by fast food restaurants and convenience stores that offer few healthy, affordable food options.

Essentially, it’s all very well and good if sustainable, transparent food is made a higher priority, but it needs to be made a higher priority for all of our citizens. The last panel at “Eat, Pray, Law” brought in members of the community for a tangible discussion on promoting food justice and accessibility.

Weis said that they plan on reprising the event again next year, and continuing to expand opportunities for students to discuss and become involved in food law. Overall, this panel was a great example of the innovative work going on at Lewis & Clark Law with regard to the intersections between food, animal, business, and environmental law.

Lewis & Clark Law School
With robust practical skills options, flexible scheduling, and a faculty invested in your success, Lewis & Clark Law School is an ideal place to start a legal career. The school’s innovative programs, such as the NCVLI, CJRC, and the criminal law certificate program, offer students the opportunity to learn and work in a rigorous, collegial environment in scenic Portland, Oregon. Learn more at law.lclark.edu. Lewis & Clark Law School is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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