I didn’t even know there was a law called “Animal Enterprise Terrorism Act” — did you? I’m tempted to check the legislative history on this one to find out what the rationale was to change the name from “Animal Enterprise Protection Act” to Terrorism Act. Anywho, here’s what’s going down…

From Mother Jones:

In 2006, Congress quietly passed the Animal Enterprise Terrorism Act, a sweeping new law that classified many forms of animal rights campaigning as terrorism. Now the law’s critics have taken to the courts to try to kill it. In a case filed last week, five activists argue that AETA violates their rights by criminalizing constitutionally protected actions.

AETA . . . prohibits anything done “for the purpose of damaging or interfering with the operations of an animal enterprise” or that “causes the loss of any real or personal property.” . . . The law also prohibits “economic damage” to an enterprise, which includes loss of profits and pressure put on any investors or other companies that do business with the animal enterprise. . . .

Faced with the possibility of terrorism charges for engaging in many forms of protest, a number of activists have decided to curb their activity. . . .

One federal judge has already endorsed the idea that the government’s use of AETA has been too broad. In 2009, four protesters in California were charged under the law for allegedly chalking a sidewalk, handing out fliers, and engaging in protests at the homes of researchers that use animals. Ronald M. Whyte, a federal judge in California, threw out the charges, finding that they were too vague and included constitutionally protected actions. . . .

AETA was passed specifically to cover a broader range of groups and activities than its predecessor, says Will Potter, a reporter who has covered the attempts to classify various forms of activism as terrorism in his blog and book Green Is the New Red. “They’re really trying to scare the hell out of people,” he says.

Note that there are a few rules of construction provisions, including that the law shall not be construed “to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution.”

Read the rest of the article here.

I’m uncomfortable with the use of the word terrorism in connection with activism and the censorship implications of the law. What are your thoughts?

by Kristen Pavón

In Follow Your Passion Is bad Career Advice for Most People, the author warns readers that focusing on passion is dangerous for most people. I read the title and was a bit nervous (Eek! Us public-interest peeps are bursting from the seams with passion!), but really, what she says is not nearly as severe as the title suggests.

While she recognized that passion wins in some situations, she made it clear that passionate people need to back it up with real skills. I agree with this; it makes sense.

 How can you say you’re passionate about a job or company or industry that you know nothing about? How can you say you’re passionate about something you’ve never tried before? If you’re so passionate, why do you have to keep telling people you are (instead of just showing them)?

. . . [Y]ou have to have something tangible, actionable or measurable as evidence that your passion manifests in something real.

She gave four examples of ways to gain skills in your area of passion without having years of traditional, full-time work — and I think they fit well with public interest law!

1. Volunteer work in your passion
2. A side business in your passion
3. An encyclopedic knowledge of your passion
4. An extensive network of contacts active and influential in your passion

What else would you add?

By: Steve Grumm

Really tough.  Here’s a piece from the California-based Recorder about a recent round of attorney hiring in Santa Clara County.  It’s noteworthy that the Santa Clara prosecutor and defender are ramping up hiring at a time when many prosecutors and defenders are losing staff.  And it’s encouraging.  What’s discouraging, however, is the fierce competition for the open Santa Clara positions.  That’s the real story here.  Observe:

In the past year, the [Santa Clara County D.A.’s] office has hired 14 lawyers but still has 12 slots to fill — and 700 people have applied.

…

Like the DA’s office, the public defender’s office is hiring to staff the arraignments. [Public Defender Mary] Greenwood says she received 400 applications for seven new attorney positions in her office.

What’s not the real story, in my view, is the headline’s – “Healthy Pay Scale Makes District Attorney’s Office a Lawyer Magnet” – suggestion that the high salaries are causing the glut of job applications.  No doubt, the D.A.’s office starting-salary figure – $92,000 – is an eye-opener.  (In 2010 the national median starting salary for a local prosecutor was $50,000.)  But I bet there’d be an enormous applicant pool even if the salary was markedly lower. 

The piece also offers a nice look at what kind of experience and credentials the DAs are looking for in Santa Clara and neighboring counties.  It’s a bit of a mix.  Some prosecutors hire law grads with minimal experience, some take on laterals from law firms, and some prefer to stick with the more narrow approach of recruiting via their own internship programs.

My suggestion to aspiring prosecutors and defenders, from wherever they’re coming, is to get some courtroom and, if possible, case management experience.  For defenders especially, it’s also rewarding to gain experience working with low-income clients.  In 2010 we asked prosecutors and defenders what they would advise law students/grads to do to make themselves the best job candidates. A representative sample of their responses:

• Public defenders desire candidates with clinical and/or pro bono experience working with incarcerated and low-income clients. According to one public defender, “previous experience in a PD’s office is always a plus for law students and a must for attorneys.”
• Local prosecutors value trial experience, whether obtained through a clinical program, through a third-year practice rule experience, or in some other capacity.

American University, Washington College of Law is seeking applications for Practitioners-in-Residence for academic years 2011-12 and beyond in a number of its in-house clinics. 

American University’s in-house, “live-client” Clinical Program, comprising ten (10) in-house clinics and serving approximately 240 students per year, is respected for its leadership in scholarship, development of clinical methodology, contributions to increasing access to justice for under-served clients and breadth of offerings.

At this time, it is anticipated that there be openings in the following in-house clinics: international human rights clinic; domestic violence clinic; immigrant justice clinic; and disability rights law clinic.

The Practitioner-in-Residence Program is a program designed to train lawyers or entry-level clinicians interested in becoming clinical teachers in the practice and theory of clinical legal education.  Many graduates of the Practitioners-in-Residence program have gone on to tenure-track teaching positions at other law schools. Practitioners can serve in these positions for up to three (3) years.  Practitioners supervise student casework, co-teach weekly clinic seminars and case rounds, and engage in course planning and preparation with the clinic’s tenured faculty. They also teach a course outside of the clinical curriculum.  The Practitioner-in-Residence Program provides full-year training in clinical theory and methodology and a writing workshop designed to assist Practitioners in the development of their clinical and doctrinal scholarship.

Interested? Check the listing at PSLawNet for more information!

Why post one Job ‘o the Day when we can post two?  NYC’s Department of Health and Mental Hygiene – “mental hygiene”? seems a bit archaic, no?  anyway… – is seeking a law intern for the spring 2012 semester, with a possible extension through the summer.  What will the intern be working on?  Tobacco control policy.  A blurb from the job description:

The Bureau of Tobacco Control (BTC) has been a flagship program of the DOHMH since 2002. By implementing a comprehensive five-point plan that includes taxation, legal action, education, cessation and evaluation, BTC has overseen one of the fastest declines in smoking prevalence ever recorded – a 35% decrease in adult smoking since 2002. The NYC youth smoking rate has also decreased by more than half since 2001. BTC continues to implement cutting-edge, evidence-based interventions that make it harder to smoke and easier to quit. Program strategies include city-wide giveaways of quit smoking medications and aggressive, targeted media campaigns to increase awareness of the dangers of smoking and benefits of quitting.

The Bureau of Tobacco Control is currently seeking a legal intern to assist with creating new policy initiatives, including legal research and analysis of current city laws and tobacco control laws from other jurisdictions. This position will work closely with the Bureau’s Policy Unit, including the Director of Policy and Senior Legal Counsel for Policy, Tobacco Control; the Health Department’s General Counsel; and other city and state officials in the public health field. This position will provide excellent experience working on policy development for the right candidate.

We are looking for candidates interested in joining us for the spring semester. An extension through the summer is possible.

View the full listing on PSLawNet here.

By: Steve Grumm

It feels awfully un-rebellious to include an explanatory parenthetical in the post title.  But anyway, the conference is colloquially known as RebLaw.  Registration is open.  Sign up, spend the weekend in New Haven, meet public-interest-minded students, profs, and practitioners from around the country.  Some background:

RebLaw is the nation’s largest student-run public interest conference. Every year the conference brings together practitioners, law students, and community activists from around the country to discuss innovative, progressive approaches to law and social change.

We hope that RebLaw 2012 will be full of conversations that challenge not only the state of the law but also ourselves and our own preconceptions. We will strive to create a safe and nourishing community for all rebels, providing a variety of outlets to channel the passion and outrage we bring to the conference. By encouraging all forms of expertise and experience, we will value and amplify the creativity and insights we all possess. Grounded in a sense of where all of our work fits into broader movements, we will work together to hone our tools for change. RebLaw 2012 will be a success to the extent that it inspires courageous thinking, supportive relationships, and radical action.

Some logistical details:

What: The Eighteenth Annual Rebellious Lawyering Conference. The RebLaw Conference is an annual, student-run conference that brings together practitioners, law students, and community advocates from around the country to discuss innovative, progressive approaches to law and social change.
Where: Yale Law School, New Haven, CT.
When:  Friday, February 17–Saturday, February 18, 2012
Cost: Standard registration is $30. Registration is free for members of the Yale, UConn, New Haven, and Quinnipiac communities.

RebLaw Homepage & Registration: http://www.yale.edu/reblaw/index.htm

RebLaw Facebook page:  http://www.facebook.com/pages/RebLaw/198623836882539

Are you a fan of unruly sports fans and cheesesteaks?  Good.  Here’s a great postgraduate position (don’t let “law clerk” fool you) in the World’s Most Glorious City….

The Pro-Se Law Clerk provides legal advice and assistance to the Court in connection with petitions and complaints filed by prisoners. The position’s duties and responsibilities include: (1) the substantive screening, after filing, of all prisoner and inmate petitions and motions, including state habeas corpus petitions, federal habeas corpus petitions, motions to vacate sentence, and civil rights complaints; drafts appropriate recommendations and orders for the Court’s signature. (2) reviews all complaints, petitions, and pleadings that have been filed by prisoners so as to determine the issues involved and the alleged basis for relief; (3) performs research, as required, to assist the Court in preparing opinions; (4) evaluates present procedures to determine new innovations for increasing the effectiveness in handling complaints, petitions, and pleadings; reviews the docket of pending prisoner and inmate litigation to assure the proper progress of such cases and advises the Court of those cases where action by the Court is appropriate….

To continue reading the job description, view the listing at PSLawNet!

By: Steve Grumm

Even before the government-wide hiring freeze which now curtails – but it’s important to remember has not fully stopped – federal recruiting, Uncle Sam had long been criticized for protracted application processes which could leave qualified job candidates in limbo for months.  The Obama Administration’s Office of Personnel Management (OPM) has undertaken reforms to, among other things, cut down on application processing time.  How have recent reform efforts been going? The Government Executive takes a look, and they include responses from some of the bigger agencies like the Departments of Defense and Homeland Security.

By: Steve Grumm

A sort of macabre way to start off our holiday-week blogging, but from the National Law Journal:

The number of death penalty sentences has dropped to the lowest point since capital punishment was reinstated in 1976, according to a Dec. 15 report released by the Death Penalty Information Center.

Seventy-eight capital punishment verdicts were handed down this year compared to 112 last year, according to the DPIC’s Year End Death Penalty Report. Executions also decreased from 46 in 2010 to 43 in 2011.

“This is a long-term drop since the year 2000…and this year was a sharper drop,” said Richard Dieter, DPIC’s executive director and the report’s author, in an interview.

There were several factors that contributed to this year’s drop, according to the report. Illinois Gov. Pat Quinn passed legislation to repeal the death penalty; Oregon Gov. John Kitzhaber decided to order no more executions during his term; there was a drop in crime; and finally, public distrust of the system grew after Troy Davis of Georgia was executed despite strong doubts of his guilt were made known.

Here’s some additional coverage from the AP/Washington Post which notes that, on top of the number of death sentences being down, actual executions have decreased, too:

New death sentences in the United States have declined 75 percent from their peak since executions resumed in the 1970s, an anti-capital punishment group reports.

The Death Penalty Information Center said 78 people convicted of murder were sentenced to die so far in 2011, the first time in 35 years there have been fewer than 100 new death sentences.

The option of locking a convicted killer in prison for life without a chance of parole, as well as heightened awareness of the risks of executing the innocent, are driving the decrease, said Richard Dieter, the center’s executive director and author of the report.

In the peak year of 1996, 315 people received death sentences.

The nation also is seeing a sustained drop in executions. The 43 executions in 2011 were roughly half as many as in 2000. Ninety-eight prisoners were put to death in 1998, the busiest year for U.S. death chambers since executions resumed in 1977 following a halt imposed by the Supreme Court.

EPIC is currently accepting applications for the 2012 EPIC Fellowship. The one-year fellowship is designed for a highly-qualified law graduate specializing in privacy law.

The Fellowship will begin in September 2012. EPIC seeks applicants who have demonstrated an aptitude for legal research, writing, and advocacy. The EPIC Fellow will function as an integral part of EPIC’s Washington, D.C. office. The EPIC Fellow will develop expertise in one of the following substantive areas: Appellate Advocacy, Consumer Privacy, Domestic Surveillance, FOIA Litigation, International Privacy, or Voting Privacy.

Typical projects include: drafting legal briefs, submitting administrative filings, researching issues for Congressional testimony, creating web pages, and editing publications. EPIC encourages applications from interested third-year law students, judicial clerks, and recent graduates.

Interested? Check out the listing at PSLawNet!