You Gotta Fight For the Right to Break Digital Locks: IP Clinic Teams Up with Cinema Studies Professor, Higher Education Organizations in DMCA Rulemaking

WCL Clinic Blog:

From our IP Clinic’s blog.

Originally posted on WCL Glushko-Samuelson IP Clinic:

Guest post by student attorneys Sarah O’Connor and Mark Patrick

The Digital Millennium Copyright Act makes it illegal to break digital locks on copyrighted material, even when what you intend to do with the work is otherwise legal, such as using short clips from a motion picture in a class presentation. However, there is an out. Every three years the Copyright Office holds a proceeding to consider and grant limited exemptions for uses where users can show the law is creating a substantial burden on free expression or other valuable activities.

In each triennial proceeding, new petitions must be submitted on behalf of each party seeking exemptions. Petitions must make the case for what has been exempted in the past, in addition to what should be exempted in the present and future, keeping in mind new technological and pedagogical trends. Failure to submit these petitions every three years would result…

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Students Testify on Guardianship Bill

Recently, Henrissa Bassey and Raziya Brumfeld, both 3Ls in WCL’s Disability Rights Law Clinic, testified before the D.C. Council Committee on the Judiciary and Public Safety regarding Bill 20-0710, the Limitations Of Guardianship Amendment Act Of 2014. You can read the full text of the bill here.

Bassey, who herself will soon be appointed guardian for a brother with autism and intellectual disabilities in another jurisdiction, spoke in favor of the 3-5 year expiration period that the bill imposes on guardianships in the District. Under the bill, when a guardianship is set to expire, a court hearing would be required to renew it for another term. If the individual has developed additional decision making capacity since the guardianship was put in place, the court could determine that guardianship is no longer an appropriate arrangement. Bassey drew on her personal experience, noting that her brother has been working to learn basic life skills like reading, counting money, and attending social functions, and that her family expects that he will continue to improve to the point where he may be able to live more independently. She said, “As I reflect on my brother’s life and progress, I know that I would support a sunset provision on my future guardianship over [him].”

In her testimony, Brumfeld voiced concerns that the District’s current guardianship practices unnecessarily limit the autonomy of many people with disabilities. Noting that judges often appoint guardians “for people who have the capacity to make their own decisions, but simply need a little help or support,” Brumfeld advocated a requirement that petitioners for guardianship make a case for why supported decision making for the individual, as opposed to guardianship, would not be appropriate. Supported decision making is a practice whereby an individual’s support network of friends, family, and others assist that individual with making and carrying out decisions, instead of simply making those decisions on that person’s behalf. The current law encourages guardians to consider an individual’s wishes when making decisions, Brumfeld said, but by adding an affirmative requirement that assisted decision making be considered as a preferred alternative to guardianship “we can insure that guardianship is limited to those instances when it is completely necessary.”

Libre Soy

The following is a guest post from Ashley Hoornstra, a 3L in our International Human Rights Law Clinic, who was in the contingent of eight students and two faculty who recently traveled to New Mexico to work with detainees in the Artesia Temporary Facility for Adults with Children. You can read more of Ashley’s reflections about Artesia at her blog, My Week in Artesia. You can also view more video reports from our Immigrant Justice Clinic and International Human Rights Law Clinic who went to Artesia on our YouTube channel.

The AILA volunteer lawyer efforts focus only on the mothers at the facility, involving the children only if the mother has no claim. In court, if a mother is released on bond, her children are released with her. When the women win, the children win.

As a result, the children are somewhat ignored.  Of course they are physically present, as they cannot go to school right now (the school has been closed indefinitely, without explanation). But for the most part, the children blend in as part of the background. Their needs are entirely overlooked – a HUGE gap in the current system. But we are in triage mode, so with the limited resources at our disposal, the best we can do is to focus on the mother’s case.

The children come in with their mothers each day, some of them asleep in their mothers arms, some awake but clinging onto them, still others willing to engage and play with the other children. DHS does provide coloring books and crayons for the kids, and the officer assigned to oversee them does his best to show kindness and compassion to the children. Some of the kids are terrified of him, as they are of any authority figure. “Will you give the man my crayons?” one girl asked, “He’s scary.”

I try to assure the children that he is a nice man, and they have nothing to be afraid of. While that seemed true with this particular officer, I don’t know if it’s the case with other officials at the facility. Rumors of abuse and mistreatment abound. I would like to think that they are just rumors, but I recognize that the officers are assigned here on short-term details, leaving plenty of opportunity to engage in inappropriate behavior. I can only hope that effective monitoring mechanisms are set in place, both by their supervisors and by the DHS Office of Inspector General.

The children who do not sit with their mothers love to watch movies. There were a handful of Disney movies that played in Spanish over and over again. The most popular – by far – was Frozen. The second time the movie played through (our first day at the detention center), the song, “Let it Go” began. The lyrics in the Spanish version of the song had been changed so that they did not hold the same meaning in English as “Let it Go”. The chorus, in Spanish, is “libre soy.”  Directly translated: “I am free.”

Monday afternoon, as I scrambled to grab the next case file, I heard one of the attorneys say, “Oh my gosh. I can’t handle it.” In the midst of the chaos, the attorneys and law students were suddenly silent. We could hear the voices of several young children singing along to the film:

Libre soy, libre soy.

I am free, I am free.

The irony made me sick to my stomach and brought tears to my eyes.  These children were not free; they were imprisoned. I had a strong urge to pick up one of those children and hold them in my arms and to tell them, “Soon, my loves, soon.”

Instead, I took a deep breath, collected myself, and moved on to the next client. The truth is, I couldn’t promise the kids anything. I have no idea what the outcomes of these cases will be. For the rest of the week, when that movie was played, the children would always chime in singing that song. And every time, I had to pause, take a deep breath, exhale, and move forward.

These children are so strong and so resilient, but they are also traumatized. They desperately need attention and love and counseling and support and school. They need to have quality medical attention, as every single child in that facility has some form of sickness, whether it is a cold or something more serious. Regardless of their condition, they always accompany their mothers. Unfortunately, basic services to support these children are limited or entirely unavailable.

While working with the women, I always made an effort to ask them about their children, to meet them and learn their names. One day, I met with a client who had just been granted bond.  We were wrapping things up and preparing her for what came next.

Once her family paid her bond, they were also responsible for arranging her travel. These women had family all over the country, and had no concept of how far they would have to travel. Most of them, because of limited resources, would take buses as far as Georgia, Maryland or Massachusetts. I explained this to the client, and also the fact that she would be released with nothing – not a dime in her pocket, no method of communication, not even a toothbrush. Fortunately, the South West Human Rights Coalition has generously put together backpacks with food, toiletries and a $25.00 Visa gift card to get them started.

As I sat there, explaining all of this to the woman, she sat, nodding, a huge smile across her face. She did not seem to care that her bus ride would be long, or that her resources were limited. She would be free – free to leave the detention facility, free to reunite with her family here in the United States, free to make a fresh start and take control of her life.

As we discussed everything, her daughter sat silently in the folding chair next to her mother, obediently focusing on her paper and crayons. At one point, I paused to comment on how beautiful the young girl’s drawing was, and how she was doing an excellent job of coloring inside the lines. The little girl was no more than 5 years old.  She smiled at me and then returned to her work, as her mother and I resumed our conversation.

Eventually, our meeting concluded.  I shook the woman’s hand and congratulated her on bonding out, wishing both her and her daughter all of the best in their future.  I then walked back to the attorney area and began typing up my case notes before I moved on to the next client.

Only a few minutes later, to my surprise, my DHS officer came back, calling my name. Once I reached him and looked around the corner of the cubicle-wall barrier that cordoned off the “attorney work area,” I looked down to see the precious little girl from a moment ago, with her drawing in hand.

“This is for you,” she spoke softly with a grin, holding out her completed masterpiece. It was a picture of Mickey Mouse, torn out of a coloring book, which she had labored over during my meeting with her mother.

Oh, mi amor, muchísimas gracias!  Es tan lindo, este dibujo!” I told her, “Voy a guardarlo para siempre!

She smiled proudly, her mother standing behind her, also grinning. Once again, tears welled in my eyes. I continue to be moved by the selfless acts of kindness from those who have the least in our society. This is not only true in Artesia, but in all of my travels. I plan to have her drawing framed when I return home, to serve as a reminder of my time here and a symbol of freedom for one family. Of course, while one precious child was able to leave, so many others stay behind, impatiently awaiting their turn to be set free.

Each night, as I go to bed, my mind swirls thinking about case strategy, task lists, and stories that were shared by clients during the day. Yet something else has stuck in my mind each night as I lay there awake: “Let it Go” from Frozen. I silently pray that God will free these beautiful babies and their mothers.  I pray that one day these young boys and girls can sing along to the song and have the words ring true:

Libre soy, libre soy.

I am free, I am free.

Mickey Mouse Picture from Artesia

Field Research and Collaboration on Domestic Workers’ Rights

The following is a guest post by Jeanna Lee, with contributions from Nirali Shah. Both students are 3Ls in WCL’s Immigrant Justice Clinic. All photos used with permission.

Nirali Shah (left) and Jeanna Lee (right)
Nirali Shah (left) and Jeanna Lee (right)

As student attorneys, we envision research happening in libraries and on computers. However, when it comes to community-based work, we need to expand our paradigm to include field-based research and personal testimony. This is especially true when researching domestic workers’ rights. Because of the hidden nature of domestic work, comprehensive and accurate research on domestic workers is difficult to find. Additionally, the concept of domestic work is fraught with the stigma of inferiority, despite its impact on the economy and individual lives. Because of this stigma, while workers were gaining rights during the New Deal and beyond, domestic workers were systematically left out. These factors present obstacles for everyone conducting the on-the-ground research desperately needed to paint a realistic picture.

Last week, my clinic partner and I attended a conference entitled “Justice in the Home: Domestic Work Past, Present, and Future” at the Barnard Center for Research on Women in New York. The motto of the conference, “It’s the Work That Makes All Other Work Possible,” explains why domestic work is so important. The conference focused on the novel research done on domestic work and domestic worker organizing and provided a forum for professionals to have a comprehensive discussion on key related issues. Throughout the conference, scholars, legal practitioners, and community organizers were able to discuss how new research altered our conceptual frameworks about labor, gender, race, and resistance. We learned a great deal about the existing groundwork in this field as well as the relevant topics of debate and areas of advancement. Most importantly, we met the activists and researchers who work in the trenches and understand the needs of domestic workers on an intimate level.

At the beginning of her Keynote Address, Ai Jen Poo (Director of National Domestic Workers Alliance, Co-Director of the Caring Across Generations campaign, MacArthur Genius Grantee, and overall super activist) asked all of the domestic workers to come on stage and introduce themselves. The domestic workers were surprised but spoke with pride. It was a touching moment.
Ai Jen Poo (Director of National Domestic Workers Alliance, Co-Director of the Caring Across Generations campaign, MacArthur Genius Grantee), inviting the domestic workers in attendance to come onstage and introduce themselves.

Legal scholarship is not only for case work and theory – it can make a difference on the ground. By collaborating with researchers and organizers in the field, we learned about the intricacies of advocating for domestic workers’ rights. We discussed potential solutions related to injustices faced by domestic workers in an academic, thought-provoking forum. Most importantly, we established a network of support and guidance at the conference that will serve as an important foundation for our research. All in all, it was a productive and eye-opening weekend. For more information about the conference, please click here.

Where Justice Hits the Road: Clinic Students In Artesia, NM

Students arrive in New Mexico to work with clients in detention in Artesia.
Students arrive in New Mexico to work with clients in detention in Artesia.

The Immigrant Justice and International Human Rights Law Clinics have sent a delegation of eight students and two faculty to New Mexico to work with detainees in the Artesia Temporary Facility for Adults with Children. This immigration detention center is a federal law enforcement training facility operated by Homeland Security that has been converted to house around 700 mothers and children.

Students on the trip include: Saba Aziz; Miatria Brown; Daniela Carrion; Nicole Diop; Andrea Gonzalez; Ashley Hoornstra; Emily McCabe; and Rachel Nadas.

Faculty leaders are Jayesh Rathod, director of the Immigrant Justice Clinic, and Rick Wilson, director of the International Human Rights Law Clinic.

Stay tuned for more information when the students return next week. In the meantime we have the following field reports from the students.

From Rachel Nadas:

From Saba Aziz:

IP Clinic Announces “Pop Up Legal Clinic” for Creative Entrepreneurs Wednesday Oct. 29th

Originally posted on WCL Glushko-Samuelson IP Clinic:

The Glushko-Samuelson Intellectual Property Law Clinic, in collaboration with the Washington Area Lawyers for the Arts (WALA) and George Washington University College of Law’s Small Business Clinic will hold a “Pop Up Legal Clinic” for creative entrepreneurs seeking legal assistance. The Clinic will provide legal consultations to individuals and businesses involved in the regions’ creative economy. Student attorneys from the WCL IP Clinic will provide assistance in copyright, patent, trademark and related fields. GW student attorneys from the Small Business Clinic will provide start-up corporate assistance in the area of small business development. Clients are asked to register at http://www.waladc.org.  All student attorneys will be supervised by AU and GW clinical faculty.

The Clinic will be held 5-7 PM on Wednesday, October 29th at the GW clinic offices at 2000 G Street NW in DC.

Another clinic is planned for the Spring.

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