October 2014 - The Precedent

VOL. 11 NO. 2, OCTOBER 15, 2014 The Newspaper of the Western State College of Law Student Bar AssociationAmerica Bar Association News Update IN THIS ISSUEBy Kathy Castro , ABA Student RepresentativeDid you know the ABA presents over 100 News-in-Brief 2awards and distributes over $100,000 in LGBT Rights 3awards and grants each year? Over 20 of these Student Orgs 4awards and grants have been specifically Qualified Immunity 6designed for ABA Law Student Division Death Penalty 7members and ABA-approved law schools,including writing competitions and THE PRECEDENTfellowships. As a benefit of membership, each welcomes contributions from the WSCLmonth the Division will send you an student body, administration, faculty,eNewsletter to highlight upcoming law studentmember benefits, products, services, programs staff, and alumni.and initiatives offered throughout the ABA. Keep an eye out for theinsider’s scoop on internships, clerkships, writing competitions, local If you have an essay, article, or illustrationnetworking opportunities, and much more. you would like us to consider forSome of these benefits include: Subscriptions to the A BA Journal, publication, please contact us at:eJournal, Student Lawyer magazine and the Division monthlyeNewsletter; Specialized publications and programs in 30+ specialty [email protected] groups – 21 of which are free to law students; Careerguidance, including job search information, trends, daily tips, adviceand on-going access to career resources; Affordable student sickness/injury, auto and renters/home insurance; and Discounts on hotels,rental cars, computers, cell phones, and other products from ABAMember Advantage.Enter the ABA haiku contest for law students that are members of theABA law student division. The theme of the haiku contest is “Recent U.S. Supreme Court Decisions and theU.S. Constitution”. A haiku is an unrhymed Japanese poem, and consists of three lines and a total ofseventeen syllables. The first line has five syllables, the second seven, and the third five. The grand prize is a$300 Apple store gift card, and the two runner-up prizes are $100 Apple store gift cards. The deadline isNovember 15, 2014 by midnight.

THE PRECEDENT VOL. 11 NO. 2 THE PRECEDENT Farewell, Kelley Jones-Horwood Editorial Team After 16 years at Editor-in-Chief Western State, Kelley KEVIN KHOA NGUYEN Jones-Horwood, Faculty Support Manager/DSS Managing Editor Coordinator, had moved McCALL MILLER on to new ventures. Associate Editor We want to thank you EMMA POPIOLKOWSKI for everything you had done for us throughout Production Manager the years and wish you L.E. BECKER all the best with your future endeavors! Staff Writers ARIEL ARMENDARIZ Western State Law Review & Western State Immigration Clinic PRESENT: DAVID BARNETT CHERYL BIGOS Unaccompanied Immigrant Children from KATHY CASTRO Central America at Our BordersNEDA MOHAMMADZADEH THE LAW, THE POLITICS, AND THE CHOICES WE HAVE MADE Contributing Writers STEVE BELL MIKE EASTERBROOK JEANNETTE GARCIA Produced by SKY WORLD, INC.Contact Information EDITOR, THE PRECEDENT Wednesday, October 22 5-6 pm – Room 110 1111 N. State College Blvd. Fullerton, CA 92831 Join us as a panel of legal experts explore the surge of child migrants Tel: 714-926-9718 from Central America and the Government’s responseEmail: [email protected] Jennifer Koh, Associate Professor & Director, WSCL Immigration Clinic Kristen Jackson, Senior Staff Attorney, Public Counsel Law Center The Precedent is a publication of the State Cynthia Lucas, Partner, Lucas and Barba & Past President, AmericanBar Association of Western State College of Immigration Lawyers Association Southern California Chapter Law at Argosy University. Please do not Daniel Sharp, Legal Director, Central American Resource Center reproduce any material in this publicationwithout prior written permission, obtainable Co-sponsored by: WSCL Public Interest Law Foundation; Latino Student Bar Association; American Immigration Lawyers Association (Southern California at [email protected] Chapter); Orange County Bar Association (Immigration Law Section) Continuing Website: Legal Education www.ThePrecedent.org Pizza Provided at Event; Reception to FollowPAGE 2

VOL. 11 NO. 2 THE PRECEDENTGay Community Reacts to Hobby Lobby Decision NEWSBy Cheryl Bigos On June 30, the Supreme Court discrimination against workers based on their ruled that requiring closely held sexual orientation, this new bill—if it becomes for-profit corporations to federal law—would require all states to implement provide certain types of birth Anti-Discrimination measure for LGBT persons. control methods and services at However, this federal law will likely pre-empt no cost for their employees existing state laws by allowing broad religious violates the Religious Freedom exemptions where they may have not previously of Restoration Act. Burwell v. existed under state laws and thus scale back existing Hobby Lobby, 573 U.S. ______ protections for LGBT workers. 2014 The gay rights groups are concerned the bill wouldPrior to this decision, gay rights groups including “leave too many jobs, and too many LGBT workersAmerican Civil Liberties Union (ACLU), Gay & without protection.” They added the new bill mightLesbian Advocates & Defenders (LGBT), Lambda also create “confusion rather than clarity in theLegal, National Center for Lesbian Rights, and federal law,” and it could lessen the protectionsTransgender Law Center supported the afforded to them under Title VII of the Civil RightsEmployment Non-Discrimination Act. This bill, Act of 1964.passed by the Senate in November, would make it The section at issue makes the bill “inapplicable toillegal to discriminate in the workplace based on corporations, associations, educational institutionssexual orientation and gender identity. Closely or institutions of learning, or societies exempt frommodeled to the Civil Rights Act of 1964 and the the religious discrimination provisions of the CivilAmericans with Disabilities Act, the Employment Rights Act of 1964.”Non-Discrimination Act prohibits preferential With such a broad allowance for religioustreatment and quotas. It also exempts small exemptions, what seems like a victory for thebusinesses, religious organizations and the military. LGBT community and their access to employmentIn response to the Hobby Lobby decision, the gay opportunities could be cut short by any employerrights groups changed their position and withdrew who disguises prejudice against LGBT persons as asupport for the Employment Non-Discrimination religious belief. The precedent set by Hobby LobbyAct because of the religious exemption that had could inspire companies to claim that gay, lesbian,already been a “source of significant concern” to bisexual, and transgender persons are condemnedthem. A statement released by the gay rights by the company’s religious beliefs, and therefore,groups said: “Given the types of workplace employers should not be forced to hire such personsdiscrimination we see increasingly against LGBT in the name of religious exemption under the law.people, together with calls for greater permission to Although the bill was passed by the Senate, it hasdiscriminate on religious grounds that followed not yet been voted on by the House ofimmediately upon the Supreme Court’s decision Representatives. The bill was sent to a committee inlast week in Burwell v. Hobby Lobby, it has January and appears to have little chance of passingbecome clear that the inclusion of this provision is through the House. This is just one of what couldno longer tenable.” be many fallouts to Obamacare regulations and theAs Federal Anti-Discrimination Law does not yet Hobby Lobby decision.cover the LGBT population, such legislation is left SOURCE: Lyle Denniston, New Fallout fromto the states to decide on a state-by-state basis. Hobby Lobby, (Online blog).Since only 21 states and Washington D.C. ban To advertise in the The Precedent or become a featured sponsor, please contact us at 714-926-9718 or e-mail [email protected] PAGE 3

THE PRECEDENT VOL. 11 NO. 2 STUDENT ORG NEWSCriminal Law Association: Speaker Event with Gina L. Kershaw On September 18, Criminal Law Association welcomed Attorney Gina L. Kershaw to speak to students about her work in Criminal Defense as well as victims’ rights advocacy. Ms. Kershaw, Founding Attorney for O.C. Women Defense Group gave anecdotes of her past work as Deputy District Attorney for San Bernadino County. Ms. Kershaw now focuses on female criminal defendants and victims and Marsy’s Law. Marsy’s law has allowed victims of crime and their family members to have the right to be involved in the prosecution, plea bargaining, and release of those From left to right: Steve Bell, Larissa Parker, Attorney Gina Kershaw, accused or convicted of perpetrating a crime Prof. Elizabeth Jones, Janely Mendoza, Nick Maranesi, Justin Wynn against them or their loved ones. Gina L. Kershaw is the author of “Mormon Mom Among Murderers: 10 Simple Life Truths Learned from Defending Murderers”. Ms. Kershaw was recently awarded as one of the Top 100 Criminal Trial Lawyers by National Trial Lawyers in 2014 and graduated Magna Cum Laude at University of La Verne Law School.Environmental Law Society: Fundraiser UpdateDid you get a golden ticket? In August and September, the EnvironmentalLaw Society raised funds with an “immunity ticket” which allowed studentsof participating professors to get a free pass from in-class case briefing whencalled on. Environmental Law Society raised over $300 and the proceedswill go to help fund the org’s upcoming networking event next semester. Latino Student Bar Association Fruta Sale! On September 17, the Latino Student Bar Association held a Fruta Sale, selling fresh fruit to students in our school cafeteria to raise funds for future Latino Student Bar Association events and a Book Scholarship to be made available to an org member next semester. The sale raised over $100which exceeded the org’s anticipated profit by 60%! There will be another Fruta Sale during Wellness Week November 3-7. The Latino Student Bar Association thanks everyone who supported them at the Fruta Sale and looks forward to bringing the student body more events and activities throughout the year.PAGE 4

VOL. 11 NO. 2 THE PRECEDENT SCHOLARSHIP OPPORTUNITIES Mark T. Banner Scholarship - Due Date: November 12, 2014 This scholarship is part of The Richard Linn American Inn of Court's commitment to fostering the development of intellectual property lawyers of high ethics, civility and professionalism, and especially those from diverse backgrounds. Eligibility: Law students who have entered into a JD program at an ABA-accredited law school in the United States and who will continue in that program through the Fall semester 2015. Visit http://www.linninn.org/Pages/scholarship.shtml for Scholarship Information and Application OC Hispanic Bar Association Wally R. Davis Scholarship- Due Date: October 31, 2014Eligibility: Law students of Latino origin involved with the Latino community. Priority will be given to students with significant ties to Orange County. Visit http://www.ochba.org for Scholarship Information and Application John M. Langston Scholarship - Due Date: October 24, 2014 Scholarship for outstanding and deserving law students based on both their merit and need. Recipients are chosen through a review process that includes an application and interview. Eligibility: Scholarships are limited to law students enrolled in an accredited law school. Scholarship recipients MUST attend the John M. Langston Annual Installation & Awards Gala which will be held on January 31, 2015. Visit http://www.langstonbar.org for Scholarship Information and Application Dear WSCL Administration, Faculty, Staff Members, Alumni and Fellow Students: The Precedent invites you to email us the followings for publication (in our \"News In Brief\" section): -Your recent or past accomplishments, recognition, awards - Your recent or future publications, or special projects (that relate to the school or the law) - Personal announcements, such as: wedding, anniversary, graduation, engagement, birth/adoption, etc. - A story or any article on any topic - Photos of you, your work or family - Job opportunities or referrals - Housing/roommate referrals or tips - Any other announcements or communications We look forward to receiving your submissions and publishing them. This way, the WSCL family can strengthen our relationship, know each other better, and provide more help for each other. Please email your submissions to [email protected]. Thank you. PAGE 5

THE PRECEDENT VOL. 11 NO. 2SCOTUS Broadens Police Officers’ Qualified Immunity NEWSBy Emma Popiolkowski The Supreme Court recently qualified immunity. The court stated that even if the decided the issue of whether officers violated the Fourth Amendment, summary qualified immunity should judgment would be appropriate because they shield an officer from liability enjoyed qualified immunity absent a showing that when using deadly force to stop the officers violated a clearly established law. Since a car chase. In Plumhoff v. shooting at Rickart’s vehicle to stop the chase was Rickard, Justice Alito delivered not a violation of a clearly established law, qualified the opinion of the Court that immunity was available to the officers. resolved this issue and held that qualified immunity does shield The facts of this case seemed rather clear. an officer from liability in such However, in the age of the ubiquitous smartphone, a situation. snippets of police interaction with the public are often recorded. When the interactions turn violent,tTRhTatibpARHndIohnhnofoaaahhiieenesftdmscctteiiatyohisskkcadeciaecoesealaaeRbwnglcekfrfrrdndiefsaenattgigeegceicduetodshcrsenklt,rsetefyhtwsraa,eRrtoohtrgpdhodaeituoeeuecsourdwKsattiRklftitnnal.naetiaeeiskhdntslgcrcndkrWltwiatgkhyaohAnetastavaoiuegdhootntlhrsevgileutdeReleAleghRnlitacsnrtnie.hlnhoaic.oltgcsetafyseikfhueknoodencaelsastrur,rdahpnwuratDtlhtoesioesciacotaofwhdttoainicff,hvnfowrhihadibctttauonrhheehwaelu,sAlngddeeaesrt..hRlilcicecahnkr afwireftnhtecddidecare“nhorodC..vet.keoi.smwielnolveineftssfehdo..tnittuipimficiofHtrnsoiafteomotrshehcwecnraec,eualeroauecosvnnpvthrlediteoiroaernte,onxylivnatiig.tia,fsco”hshotelthfaeoathfetsrmiveicwo,pienSoohtarfhusloloirpalcfaeowvretC.etamehvmToleiindhnoeseltaCaictrteoueoquptuCuirroreteotnssnaapsNwjtwgvohtoaehueisrtainualfnotohaeorstciebsiartttnnenosptunailluteidgniutsothrtnchotiiethdabfieoogaevfrlottslrntlinesriinenyecednt.idaa,gcxiIesnsloknooocairscpetrrefsnatehidhnitsigirnhoaiossnthnliroetintaehieoevhehtcgsurdaisftndeeeeeessltt,,.The families of Rickart and Allen claimed the that does not preclude them from immunity.officers violated their FourthAmendment rights by using excessiveforce. Part of the officers’ defense wasthat the force was reasonable andnecessary to stop the threat to the public,and they were entitled to summaryjudgment based on qualified immunityfrom liability in their capacity as policeofficers.In exploring the officers’ arguments, thecourt first decided that the officers didnot violate Rickart and Allen’s FourthAmendment rights, because stopping thechase was reasonable and paramount toensuring the public’s safety. Then, thecourt weighed in on the issue ofPAGE 6

VOL. 11 NO. 2 THE PRECEDENTIs Capital Punishment On Its Way Out the Door in California?By Neda MohammadzadehCalifornia Federal Judge Cormac Carney struck of the state’s attempt todown California’s death penalty, finding that the protect the constitutionalstate’s current system violates the Constitution. rights of the inmates toJudge Carney stated that the sense of uncertainty and appeal their convictionsdelay with California’s current system of capital and sentences, whichpunishment “violates the Eighth Amendment’s consequently result in theprohibition on cruel and unusual punishment.” (Erik uncertainties and delaysEckholm & John Schwartz, California Death Penalty prevalent in the currentSystem Is Unconstitutional, Federal Judge Rules, system of capitalNew York Times, July 16, 2014). punishment. Yet, this doesIn his 29-page ruling that overturned the death not provide and answer thesentence of Ernest Dewayne Jones, who was second problem with theaccused of murdering his girlfriend’s mother in current system of capital1992, Judge Carney stated, “California’s death punishment, which crueltypenalty system is so arbitrary and plagued with associated with the suffering that inmates experiencedelay that it is unconstitutional.” Judge Carney has when they are being put to death by the currentthis position because Jones is among more than 900 drugs administered.inmates that have been sentenced to death in On April 29, Clayton Lockett, an Oklahoma inmate,California since 1978, only 13 of whom have died from a massive heart attack forty-three minutesactually been executed to this date. Furthermore, after one of the three protocol injections wereJudge Carney explained that inmates who have been administered to him. Described as though Lockettsentenced to death spend so much time litigating the was having a seizure, he was witnessed groaning andmerits of their death sentence that before they face writhing on the gurney and had multiple rupturedthe actual punishment, it may be more than 25 years veins. The botched execution quickly madefrom the date to which they were sentenced to death. headlines and promoted the state to review theirPerhaps the best argument advanced by Judge execution procedures. The problem with the currentCarney in support of his decision is simply that \"for execution procedures is simply that for quite somethe random few for whom execution does become a time now, active death-penalty states have found itreality, they will have languished for so long on difficult to obtain the lethal-injection drugs neededdeath row that their execution will serve no to carry out death sentences amid boycotts fromretributive or deterrent purpose and will be European drug manufactures and reluctance fromarbitrary.\" licensed physicians. Therefore, botched executions,According to ABC 10 News, Dean Erwin undeniably in violation of the Eighth Amendment,Chemerinsky of UC Irvine School of Law was one are left as the only result.of many who supported Judge Carney’s decision Judge Carney's decision couldn’t have come at astating. Chemerinsky said: \"I think it's a very better time. Where the system of administering thecourageous ruling based on the facts and the reality. death penalty is already undergoing scrutiny due toIt's a very important and well-reasoned decision. I the botched Oklahoma execution, Judge Carney addsthink Judge Carney is right that the way the death fuel to fire by indicating that even if there was nopenalty is administered in California is so arbitrary fault in the current procedures, the capitaland capricious as to be unconstitutional.\" punishment system is neither an effective way toThere is, nevertheless, a vast majority of Americans seek retribution nor does it serve as a means to deterwho argue that the uncertainty and delays associated criminal activity. Furthermore, where the argumentwith the death penalty do not indicate that thepunishment is unconstitutional; rather, it’s indicative (Continued on Page 8) PAGE 7

THE PRECEDENT VOL. 11 NO. 2Capital Punishment (Continued from Page 7) executive director of the Habeas Corpus Resource Center, \"there is no rational explanation, much lessis made that prisons are overcrowded and costly for any moral or societal justification, for which peoplethe taxpayers, appeals by inmates and the death are ultimately executed,” and I couldn’t agree more.sentences itself doesn’t come with a cheaper price (CNN report by Steve Almasy & Ann O’Neil,tag. Perhaps articulated best by Michael Laurence, September 8, 2014). RSVP is required for this event. Please check your emails for instructions to RSVP.PAGE 8