Wednesday, July 30, 2008

The United States of America Presidential Management Fellow L02773316 L24033516 L01432062 jurisdoctorstud

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U.S. Department of State Office of the Secretary Office of the Chief of Protocol (S/CPR) Washington, D.C.

Duration: 4 to 6 months
Timeframe: Immediately
Clearance required: Top Secret
Position: Protocol Officer
Location: HST - Room 1238

Introduction:

The Diplomatic Affairs Division has responsibility for agrement and presentation of credentials of new Ambassadors, development, establishment and maintenance of government policy regarding rights and immunities accorded foreign diplomatic and consular officers and employees; determining the acceptability of diplomatic, consular, international organizations and other foreign government personnel accredited to the United States; reviewing and approving requests for the opening of consular and miscellaneous foreign government offices throughout the United States; investigating and resolving complaints and incidents involving foreign government representatives and liaison with the diplomatic community and the White House regarding tours of the White House.


Description of Duties:

The Office of Protocol is seeking a highly qualified and dedicated Presidential Management Fellow (PMF) who would like to serve on a rotation as a Protocol Officer under the direction of the Protocol Officer responsible for matters relating to the accreditation of Chiefs of Diplomatic Missions, their reception upon arrival in the United States to take up their functions, the process of presenting credentials at the Department of State and ultimately to the President at the White House and the liaison function with the diplomatic community and the White House pertaining to White House tours.

The position would involve day-to-day contact with 180 foreign embassies, numerous international organizations, and offices representing foreign government entities. Liaises with the country desk officers and coordinates all necessary staff and paperwork related to requests for agrement, beginning with receipt of the request from a foreign government through notification to that government that the appointment has been approved by the White House. Arranges for the extension of the customary port courtesies and for a Protocol Officer to greet new ambassadors upon arrival at Washington. Makes arrangements for newly arrived ambassadors to present copies of credentials at the Department of State (to the Secretary of State or designee) and to be received by the Chief of Protocol.

Prepares all necessary materials and supports the Protocol Officer in charge of setting up arrangements for credential ceremonies at the White House.

Helps to maintain the official precedence list of Chiefs of Diplomatic Missions.

The PMF would assist with administrative and personnel management functions relative to the aforementioned areas of responsibility and provide other diplomatic affairs support functions as appropriate.

Acts as a special assistant to the Assistant Chief of Protocol for Diplomatic Affairs. Responsible for handling diplomatic community inquiries that pertain to a broad range of issues covered by the diplomatic affairs section. Conducts research and drafts letters, emails, diplomatic notes and memos as necessary.

Experience:

Interested candidates should possess strong interpersonal, organizational and written/oral communication skills. The position requires the ability to manage several projects simultaneously. Tact and discretion in dealing with foreign diplomats and other foreign government representatives is essential. Knowledge and appreciation of foreign languages, cultures, and political issues, while not mandatory, also would be helpful. In performing these functions, the incumbent follows established procedures, but must be aware of the discretion, tact, time sensitivity, precision, and finesse required at various stages of the process. Must be able to review and understand pertinent provisions of the U.S. Constitution, international law, such as the Vienna Convention on Diplomatic Relations, as well as guidelines, policies and procedures established by the State Department and the White House.

Point of Contact:

Interested candidates should contact Cherie Feeley at 202-647-1700 or via email FeeleyA@state.gov

If you are selected for this rotation opportunity, please coordinate with the Department's PMF Program Manager at the number below.



Daniel Shen
Presidential Management Fellowship Program Coordinator
HR/REE, SA1, H518
office: 202-261-8909
fax: 202-261-8842
shendk@state.gov




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JD ApplicantsLL.M./J.S.D. ApplicantsColumbia Law School offers a broad range of career services and programs to support students and graduates of the Law School in their career decision-making process. Through the expertise and individual attention of the Career Services Office and the Center for Public Interest Law, Columbia provides unmatched opportunities for students to join in real-world legal efforts, and a comprehensive approach to developing fulfilling careers.

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Link to the text of this item Constitutional Court Clerkships
Link to the text of this item Dean Acheson Legal Stage
Link to the text of this item International Internship and Clerkship Opportunities
Constitutional Court Clerkships
Since 1994, at least six Columbia Law students have been selected to clerk on the Constitutional Court of South Africa (Hoyt Webb'93, Sharon McPherson '95, Kristen Wells '96, Laboni Hoq '00, Angus Tarpley '01 and Sherrel Evans '01). Both Mr. Tarpley and Ms. Evans clerked while participating in the exchange program with the University of the Witwatersrand. In addition to clerkships on the South African Constitutional Court, Columbia students have clerked at the Constitutional Court in Israel.

The ICC International Court of Arbitration Clerkships
Columbia is the only American law school to have a standing arrangement with the ICC International Court of Arbitration, under which it designates a candidate every year for a clerkship with the ICC Court. The clerkship is invaluable to those who wish to engage in international arbitration.

The Clerkship with the Commission des Operations de Bourse
The "Commission des Opérations de Bourse" has ceased to exist. Its new name is "Autorité des marchés financiers". You find more information on the following site: http://www.amf-france.org/

Clerkship with the Federal Court of Appeals of Buenos Aires
Up to two students participating in the exchange program with the University of Buenos Aires may apply for a clerkship at the Federal Court of Appeals of Buenos Aires. This Court deals primarily with cases involving maritime and intellectual property law.

International Organization Externship
Students in their second or third year of law studies, as well as LL.M. students, may earn up to 2 points of academic credit through externships with various offices of the United Nations, including the Office of the High Commission for Refugees and the Office of the General Assembly Affairs, as well as non-governmental organizations represented at the U.N. The externship may be taken in conjunction with the seminar Law and Current Problems of the United Nations, taught by the former head of the Codification Division of the Office of Legal Affairs (UNOLA), Dr Roy Lee.

Private Law Internships
A program providing both summer associate placement and internship opportunities in Latin America was established by Professor Alejandro Garro in 1995. Many first-year law students interested in Latin America have spent approximately 10 weeks of their summer at law firms in several different countries in Central and South America. Last summer Denise Lee '03 spent the summer at the law firm of Barros and Errázuriz Abogados in Santiago, Chile. This law firm has agreed to take a Columbia J.D. each year for a summer internship. For students who have a Latin American focus, this provides a wonderful opportunity to learn first-hand the legal and business practices of the region and to gain important contacts with prominent Central and South American law firms and legal professionals.

Similar opportunities are organized through the Centers for Korean and Japanese Legal Studies. For many years, the Law Firm of Matsuo and Kosugi has offered a paid internship to one Columbia law student in the summer after his or her first year.

Career Placement
In addition to assisting students with summer placements, the regional legal centers and the Career Services Office at the Law School aid students in obtaining associate positions in Japan, China, Taiwan, Korea and Europe as well as other locations around the world. They are also instrumental in guiding graduates to U.S. law firms with a significant foreign and international practice. During the Early Interview Program organized by the Career Services Office at the Law School in August 2002, twenty-six overseas offices offered employment opportunities to both 2L and/or 3L students. These firms were firms with overseas branches or foreign firms interested in hiring U.S. trained lawyers. In addition, each year the Career Services Office organizes the Overseas-Trained LL.M. Student Interview Program for LL.M. candidates.

For more information about the Career Services Office please click here.

The Columbia Society of International Law sponsors an annual conference that includes a discussion on careers in international law, as well as an update of law practice developments in international law. This program provides an opportunity for U.S. and foreign lawyers to discuss the myriad international career options available to students. Contact with Columbia's extensive alumni/ae network also provides a unique resource for students seeking to practice abroad or to engage in transnational law.
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Dean Acheson Legal Stage

Columbia has been selected to participate in the Dean Acheson Legal Stage Program at the European Court of Justice in Luxembourg. This program is one of the most sought-after internships in the European Union and is an extraordinary opportunity for Columbia's graduates to engage in substantive research and work with leading European judges and advocates-general from the Court of Justice and the Court of First Instance. There are three stages, each lasting a minimum of three months. A stagiaire with the Court of Justice works in the chambers of a judge in association with the legal secretaries (clerks), gaining insight into the collegial judicial process that is characteristic of the European Court. A stage with an advocate-general of the Court of Justice involves research and writing of the advocate-general's opinions—an experience similar to the U.S. clerkship. The stagiaire with the Court of First instance works in the chambers of a particular judge, assisting with cases (dealing primarily with antitrust/competition law) before the Court. Over nine Columbia Law J.D. and LL.M. students have been selected to participate in this program. While the stages are unpaid, the Parker School provides need-based grants to offset living expenses in Luxembourg.

Since 1998, 15 J.D., LL.M. and JSD graduates have been selected to participate in the program. The following individuals were selected to the traineeship in previous years:

Julie Bedard

Cecile Boyer

Kimberly Danzi

Kyriakos Fountoukas

Miyako Ikuta

Christopher Kirkham

Rafael Leal-Arcas

Elina Mangassarian

Marguerite Marty

Gwanael Muguet

Jacques Roder

Tom Snels

Kevin Stemp

Andrea Welcher

Sidne Koenigsberg

Victoria Koroteyeva

Ms. Sidne Koenigsberg and Ms. Victoria Koroteyeva are the individuals who were selected for the 2007 traineeship.

The deadline to submit your applicatin is Tuesday April 3rd, 2007.



* Application - Dean Acheson Legal Stage
* Dean Acheson Stage Announcement 2007


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International Internship and Clerkship Opportunities

Columbia has a wide array of international internships, clerkships, and externships available to its J.D. and LL.M. students that provide an unparalleled opportunity to see first-hand the legal and business practices of the region and to gain important contacts with practitioners, human rights activists and members of the judiciary from around the world.

Human Rights Internship Program
Sends approximately 75 students on paid internships at human rights organizations in the US and around the world. Since the establishment of this program over 20 years ago, more than 1,200 Columbia law students have participated in internships in the U.S. and more than 50 foreign countries. Students have interned at the Legal Resources Center in South Africa, European Court of Human Rights, the International Criminal Tribunal in Rwanda, Human Rights Watch offices around the world, among numerous other organizations.

International Court of Justice in The Hague, The Netherlands
Under an experimental traineeship program that the Court instituted for the first time in spring 2002, Columbia Law School was selected to nominate a candidate for a single 9-month position with the Court. The following students have clerked at the Court since the establishment of this program. Simon De Smet for the 2002-2003 cycle, Misa Zgonec-Ronej in 2003-2004, and Natalya Scimeca in 2004-2005. Cecily Rose has been selected for the academic year 2006-2007.

Attached please find the application form and the announcement for the traineeship beginning in September 2007. THE APPLICATION DEADLINE IS JANURAY 22, 2007.


* ICJ - Application
* ICJ - Announcement


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Contact Us:
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Tel: 617.353.3141
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lawcdo@bu.edu

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Maura Kelly
Maura Kelly, Esq., Director

Director Maura Kelly joined the CDO in the of Spring 2005. Before coming to BU Law, Maura was the assistant director in the Bernard Koteen Office of Public Interest Advising at Harvard Law School, where one of her roles was to expand career-related resources in the field of international public interest law. Maura's legal experiences includes a judicial clerkship, direct legal services, national law reform advocacy, in-house and private practice. She worked at the Center for Law and Education and South Middlesex Legal Services as well as in the education law departments of two law firms, Holland & Knight LLP and Kotin, Crabtree & Strong. Maura also served as the general counsel at Lesley University. In addition to practicing law, Maura taught both in higher education and at the high school level, worked as a community organizer, and has been involved in a wide variety of community activities related to education, children and civil rights. During her tenure at BU Law, Maura's goals have been to expand employment opportunities for students throughout the U.S. and around the world and to encourage students to include public service in whatever paths they choose. Maura holds a J.D. from Northeastern University School of Law, a Master of Education in Urban Education from the University of Massachusetts at Amherst and a B.A. in Spanish and Secondary Education from the University of New Hampshire.

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perrigo
Jennifer Perrigo, Esq., Associate Director

Prior to joining the Career Development Office, Jennifer was the managing attorney at the Massachusetts Justice Project, an organization serving low-income clients with civil legal matters. She advised and represented clients in matters such as employment, housing, consumer and family law. As part of her position, she also managed the Volunteer Lawyers Service, a program matching clients with pro bono representation. Jen enjoys counseling current students as well as alumni in all career related matters as well as working with employers to expand opportunities. She has also served as director of BU Law's Pro Bono Program encouraging students to make public service part of their professional lives. In 2008, she was named chair of the Massachusetts Law School Consortium (MLSC), a consortium consisting of the seven ABA accredited law schools in Massachusetts. A summa cum laude graduate of Ithaca College, she obtained her J.D. from Northeastern University School of Law.

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Sabrina Halloran
Sabrina Trovato Halloran, Esq., Associate Director

Before joining Boston University Law School, Sabrina worked as a corporate attorney in the Boston office of Holland & Knight, LLP, where she focused her practice in health law. She assisted clients on complex corporate and health care transactional matters, insurance and managed care licensure, reimbursement and corporate compliance, including HIPAA. Her general corporate experience includes assisting in corporate acquisitions, drafting and reviewing commercial contracts, addressing corporate governance and regulatory compliance issues and fraud and abuse matters.

Sabrina was born and raised in Italy where she worked as an attorney in private practice and as the Command Liaison and legal consultant for a NATO base. She obtained her Laurea in Giurisprudenza (Italian J.D.) from the University of Catania School of Law. She received her American J.D. magna cum laude from Suffolk University Law School.

Sabrina is the co-author of a chapter on e-health published by Thomson/West in the 2004 edition of the Health Law Handbook. She currently serves as the vice-chair of the Health Rights and Bioethics Committee of the ABA Individual Rights and Responsibilities Section.

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Kate Devlin, Esq., Assistant Director of Public Interest and Pro Bono

Kate Devlin joins BU Law with over eight years of working with both national and international nonprofits. She graduated from BC Law School in 2002 and received an Equal Justice Works Fellowship to provide legal representation to immigrants, refugees and asylum seekers in the Boston region. She continued her fellowship project through funding from the Department of Justice Office of Violence Against Women (OVW). For the past two years, Kate has worked at the Victim Rights Law Center providing training to nonprofits nationally on civil legal representation of victims. In addition to her work in Boston, Kate has worked for Montana Legal Services Association, Legal Aid of Cambodia and the International Criminal Tribunal for the Former Yugoslavia. Prior to law school, Kate taught in Jamaica and Belize with the Jesuit Volunteers International. She is excited to utilize her experience and expertise to assist BU law students in furthering their careers.

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tow
Cynthia M. Tow, Esq., Recruitment and Marketing Manager

Cynthia is a native of Brookline, MA and a 2005 graduate of Northeastern University School of Law. After graduating from NUSL, Cynthia worked at a small general practice firm in Newton, MA, before deciding that legal recruiting was her true calling. Cynthia joins the CDO from Northeastern after spending the better part of this past year serving first as recruitment coordinator in the law school’s Career Services Office, and then as database manager/program coordinator for the law school’s Co-operative Legal Education Program. Cynthia enjoys cooking and spending time with her young nieces and nephew. She is also an avid tennis player. As an undergraduate at Boston College, she played #1 singles and #1 doubles for the Eagles for four years, and currently serves in her spare time as assistant coach for the Boston College Women’s Tennis team.

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aghassi
Viveca Aghassi, Esq., Career Counselor

Viveca joined the CDO in Fall 2005 as a J.D. Adviser. The CDO is happy that she has now joined the permanent staff as a career counselor. A graduate of Harvard University and the University of Pennsylvania Law School, Viveca practiced corporate law at both a mid-sized and small firm in the Boston area. With an interest in career development, Viveca opted to pursue an alternative path, first utilizing her legal background at an agency which represents writers. Her interest in careers drew her back into the legal fold ultimately. Viveca began coaching attorneys regarding business development and marketing, helping them to grow their practices and client base. She is thrilled to be using her experience in legal and other sectors to aid alumni and students at the law school with their own careers.

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Dave Adams
Dave Adams, Senior Clerkship and Pro Bono Program Coordinator

Dave graduated from the University of Southern Maine School of Music in 2002 with a B.A. in Jazz Performance. Dave has been an actively touring musician for the past eight years. Playing lead alto saxophone, he is an original member of the Boston based funk band, Addison Groove Project, which won the 2004 Boston Music Award for "Best Funk Band." While touring with AGP, Dave worked part-time in the BU Law Admissions Office. After a wonderful experience assisting with the 2005 BU Law application process, meeting students, faculty and administration, Dave has since been hired as senior clerkship and Pro Bono coordinator for the Career Development Office. Dave is also the instructor for the BU School of Music Improvisation Workshop.

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o'toole
Kate O'Toole, Recruitment Coordinator

Kate graduated from Boston University in 2003 with a B.A. in Philosophy. After a position with Woodman Edmands Danylik & Austin, P.A. in her native Maine, Kate joined the CDO staff in August 2005 as program coordinator and now serves as recruitment coordinator.



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Kelly McIntosh, Esq.

Before joining the CDO, Kelly worked at three of Boston’s largest law firms as a lawyer and career development professional. Kelly practiced law at Bingham McCutchen LLP and Goodwin Procter LLP, where she focused on corporate and employee benefits law. After several years as a practicing lawyer, Kelly joined Ropes & Gray LLP as the firm’s first Associate Development Attorney. At Ropes, Kelly developed and oversaw large-scale associate orientation, training and evaluation programs. She also counseled associates regarding integration into the firm, practice group choices and professional development. Most recently, Kelly worked as a career services consultant at Boston College Law School where she counseled students regarding career options. A native of Concord, MA and a mother of two, Kelly received a J.D. magna cum laude from Boston College Law School, and a B.A. cum laude from Duke University. Kelly is excited to have the opportunity to draw on her experience as a lawyer and career development professional to help BU law students as they begin their legal careers.

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BU | School of Law | Prospective & Admitted Students | May 8, 2008 Prospective & Admitted Student Christian Milan L02773316 L01432062 L24033516 | Our Faculty | Alumni
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The United States of America Clerkship of JD LLM student Christian Milan J.D. student lawyer judge L02773316 L01432062 L24033516

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Networking and Job Opportunities
Welcome

This page contains information on networking opportunities, internships, job boards and other resorces to get you started as you embark on your legal education and/or beginning your legal career.

* Career Resources and Guidance
* Volunteering
* Internships
* Job Listings
* Find a Mentor
* Student Specific Pages from ABA Entities
* Other Areas of Interest
* Other Career-Building Opportunities

Career Resources and Guidance

* ABA Career Counsel
* Starting a Career in Children's Law
* Government and Public Sector Lawyers Division Career Center
* Careers in Intellectual Property Law
* Standing Committee on Pro Bono and Public Service and Center for Pro Bono

Volunteering

* Pro Bono Volunteer Opportunities
* Entering the Community -- Tips on Volunteering
* Directory of Law School Pro Bono and Public Interest Programs
* ABA Standing Committee on Pro Bono and Public Service
* ABA Center for Pro Bono Web Links

Internships and Fellowships

American Bar Association
Internships at the American Bar Association
Chicago and Washington DC Offices
Occasionally, internships become available for law students to work in the Chicago or Washington DC offices of the ABA. These positions generally include research, project coordination and other legal assistance assignments. Tell me more about Internships at the American Bar Association >>>

Antitrust Law
The Janet D. Steiger Fellowship Project
The Janet D. Steiger Fellowship Project offers 1L and 2Ls the opportunity for summer work in the Consumer Protection Departments and/or Antitrust Law Departments of state attorneys general offices throughout the United States. The ABA Section of Antitrust Law provides each participant with a $5,000 stipend. For details about the Janet D. Steiger Fellowship Project, contact Deborah Douglas at (312) 988-5606.

Business Law
Diversity Clerkship Program
The purpose of the program is to expose more students to business law and business courts and encourage students to consider a career in business law. These clerkship opportunities are aimed at qualified minority or otherwise disadvantaged candidates who have completed the equivalent of their first year of law school. Tell me more about the Diversity Clerkship Program >>>

Center on Children and the Law
Internship Opportunity – Washington, D.C. Office
Internships are available during the summer, spring and fall for students with an interest in child welfare issues. One of our Summer ‘08 internship positions will be focused on child and adolescent health; a background in health or psychology is strongly preferred for this position. To learn more about internships at the Center on Children and the Law, please visit http://www.abanet.org/child/internships.shtml. To apply, please e-mail a cover letter and resume to PilnikL@staff.abanet.org.

Criminal Justice
Internship Opportunity
Internship opportunities with the Section are available. Previous successful candidates spent a summer or semester in the Washington, DC offices of the Section, and assisted Section staff with criminal justice policy research, Section Committee projects, and various other activities. (Note: You must be a member of the ABA Criminal Justice Section in order to obtain additional information and an application form for this Internship Opportunity.)

* Tell me more about policy research opportunities with the Criminal Justice Section.
* Tell me more about student membership in the Criminal Justice Section.

Dispute Resolution
Internship Opportunity
Take advantage of Student Internship Opportunities at the Section of Dispute Resolution office in Washington, D.C. Law student interns focus on ADR research into emerging critical issues under the supervision of an attorney, conduct needs assessment and systems design for dispute resolution in specific practice areas or institutions, and make site visits to local programs such as the D.C. Court's Multi-Door Program. Tell me more Internship Opportunities with the Dispute Resolution Section >>>

Domestic Violence
Fellowship Opportunity
One year position to begin in August 2008 with the ABA Commission on Domestic Violence located in Washington, DC. Applicants must earn their J.D. from an ABA-approved law school in 2007 or 2008 and must be licensed to practice law in a U.S. state or a candidate for the July 2008 Bar exam. Provides a $40,000 salary and excellent benefits. Deadline to apply: December 7, 2007. Tell me more Fellowship Opportunities with the Commission on Domestic Violence >>>

Environment, Energy and Natural Resources
Fellowship Opportunity
The American Bar Association (ABA) Section of Environment, Energy, and Resources is pleased to announce the sponsorship of Fellowships for eligible law students during the summer of 2008. The ABA Fellowship in Environmental Law, formerly the Minority Fellowship in Environmental Law, is designed to encourage disadvantaged or traditionally underrepresented law students to study and pursue careers in environmental law. Tell me more about Fellow Opportunities offered by the Section of Environment, Energy and Natural Resources >>>

Ethnic and Racial Diversity
Judicial Clerkship Program
A joint effort of the Advisory Council and the Judicial Division, this program is designed to bring judges and minority law students together through structured networking activities. Students are able to demonstrate their knowledge and research skills in a small group setting while interacting with the judges in a team building effort. Tell me more about the Judicial Clerkship Program >>>

Immigration
Clerkship Program
The ABA Commission on Immigration seeks talented law clerks and interns to assist in cutting-edge national advocacy work for immigrants, refugees and newcomers to this nation. Law clerks (law students) and interns (undergraduates) will participate in research and development of various policy initiatives to ensure that immigration laws respect the due process rights of immigrants, to benefit adult and children immigrants and refugees detained by the ICE, and to promote pro bono practices across the country. Tell me more about the Immigration Clerkship Program >>>

Individual Rights and Responsibilities
Internship Opportunities
Internships are available year-round and applications are accepted until positions are filled. Candidates should send a resume, a brief writing sample (less than 10 pages), and a cover letter detailing the candidate’s interest in working for the ABA Section of Individual Rights and Responsibilities. Tell me more Internship Opportunities available through the Section of Individual Rights and Responsibilities >>>

International Law
Internship Opportunity
The program is intended to facilitate the establishment of legal internships for U.S. law students interested in the practice of international law with overseas law firms. Tell me more about Internship Opportunities available from the Section of International Law >>>

Law and Aging
Internship Opportunities
Seasonal internships designed to provide law students interested in pursing a career focusing on law and aging issues with experience in a nationally known organization in that field. Tell me more about the Internship Opportunities available through the Commission on Law and Aging >>>

Litigation
Judicial Opportunities Internship Program
Seeks to provide internship opportunities for minority or financially disadvantaged law students, those who are members of traditionally underrepresented groups in the legal profession. The Judicial Intern Opportunity Program is a full-time, six-week minimum, summer internship program open to all first- or second-year minority and/or financially disadvantaged law students who want to do legal research and writing for state or federal judges in participating cities. Students may indicate geographic location preferences on their applications. Interns will receive an award of $1,500. Tell me more about the Judicial Opportunities Internship Program >>>

Mental and Physical Disabilities Law
Internship Opportunities
Available for the fall, spring, and summer semesters. Duties include using Westlaw to research disability law issues, cite-checking cases and legislation, and assisting with various other Commission projects. Tell me more Internship Opportunities available from the Commission on Mental and Physical Disabilities >>>

Public Service
Internship Program
The Division for Public Service provides summer internships to design and carry out a public interest legal research and writing project of particular interest to the law student. Tell me more about the Internship Program with the Division for Public Service >>>

Rule of Law Initiative
Domestic and International Internships
Applications are now being taken by the ABA Rule of Law Initiative for domestic and international internships for the Spring and Summer, 2008. Deadline: Spring Internships--November 15/Summer Internships--February 15 Tell me more about Internships available through the Rule of Law Initiative >>>

For more information on Career Resources and Opportunities, visit the Law Student Division Career Page and the ABA Career Counsel.
2008 Career Fair
August 7, 2008 (New York City, NY)

Make Plans Now to Attend the 2008 Career Fair! The ABA Law Student Division will host the 2nd Annual Career Fair during the August ABA Annual Meeting in New York

* Tell me more about the Career Fair
* List of Participating Legal Employers
* Register for the Career Fair and ABA Annual Meeting

2008 Annual Meeting in New York City, NY
August 7-12, 2008

Register by July 8 for only $75

* Tell me more about the ABA Annual Meeting
* Law Student Division Preliminary Program Brochures
* Law Student Division Schedule of Events
* Career Fair and Resume Review
* Annual Meeting and Career Fair Online Registration
* Looking for a Roommate for Annual?

ABA Entities Offer Networking Opportunities for Law Students

* Directory of Sections, Divisions and Forums
* Find a Specific Entity
* ABA Entity Profiles
* Writing Contests and Competitions

ABA Student Specific Pages

* Administrative Law and Regulatory Practice
* Antitrust
* Career Counsel
* Criminal Justice
* Dispute Resolution
* Domestic Violence, Commission on
* Environment, Energy and Resources
* Ethnic and Racial Diversity, Commission on
* Family Law
* General Practice Solo and Small Firm Practitioners
* Government and Public Sector Lawyers Division
* Health Law
* Intellectual Property
* International Law
* Labor and Employment
* Law and Aging, Commission on
* Legal Education and Admissions to the Bar
* Pro Bono, Standing Committee on
* Public Contract Law
* Public Utility, Communication and Transportation
* Real Property, Trust and Estate Law
* State and Local Government
* Taxation
* Tort and Insurance Practice

Job Postings

* Career at the American Bar Association
* Career Counsel
* Pro Bono and Public Interest
* ABA Commission on Ethnic and Racial Diversity Job Board
* Young Lawyers Division Career Page
* Job Hunting Tips

Find a Mentor

Mental and Physical Disabilities Law (Commission on)
Mentor Program for Students with Disabilities
This program is open to all law students with physical, mental, or learning disabilities (brochure). Students are paired with practicing attorneys, based on the student's interest in either being matched according to disability, geographical location, or area of interest. Mentors offer students both academic and career advice, in addition to insights into the private and government sectors. Tell me more about the Mentor Program for Students with Disabilities >>>

Mentoring Certificate Program
General Practice, Solo and Small Firms Division
The ABA General Practice, Solo and Small Firms Division offers a Mentoring Certificate Program for law students designed to expand upon traditional law school education, by focusing on introducing law students to the practical aspects of being a lawyer through real world activities and through the mentor’s insight and guidance. Further, the program is flexible, enabling law students to pick their own mentor and tailor the program’s criteria to their own interests. Tell me more about the General Practice Mentoring Certificate Program >>>
Other Areas of Interest

* Commission on Ethnic and Racial Diversity
* Native American Concerns
* Commission on Women
* Commission on Mental and Physical Disability Law
* Sexual Orientation and Gender Identity

Other Career-Building Resources

PATHWAYS TO EMPLOYMENT IN INTERNATIONAL LAW PROGRAM
Section of International Law
The Section of International Law invites your law school to join their national tour! If you are interested in attending a program or hosting one at your law school, please contact Angela Benson at bensona@staff.abanet.org or (202) 662-1664. Tell me more about the Pathway to Employment Program >>>

Law Student Vice-Chair Positions
ABA Tort Trial & Insurance Practice Section (TIPS)
Take advantage of an opportunity to meet and work with trial attorneys, enhance your résumé, and write for national publications. Note: The TIPS Liaison/Vice-Chair program is an independent program and not associated with the ABA Law Student Division Liaison program. Application deadline: November 15. Tell me more about the TIPS Law Student Vice-Chair Program >>>

Obtain Access to Resources Designed for New Lawyers
ABA Young Lawyers Division (YLD)
Join ABA YLD for only $5 and take advantage of these great member benefits while you're still in law school:

* Access to The Young Lawyer - a practice-oriented newsletter designed to deliver specific, practical information in an easy-to-read format. It is mailed to all ABA YLD members 11 times per year. Tell me more about The Young Lawyer Newsletter
* Access to the 101 Practice Series - an online resource for new lawyers covering basic training in both substantive and practical aspects of law practice. With over 170 quick tips and tools, this series is an essential resource for lawyers in their first three years of practice. Tell me more about the 101 Practice Series
* Continue the advantages of ABA YLD membership after you graduate: Advance your career by attending CLE and Professional Development programs at an ABA YLD conference, joining an ABA YLD committee, and even applying for a leadership position in the ABA YLD. The information and networking available through the ABA YLD are priceless resources that will help you advance your career. Tell me more about the Young Lawyers Division

Contact Us

Question, Comments, please email us at abalsd@abanet.org

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Law Student Division
Networking and Job Opportunities
Welcome

This page contains information on networking opportunities, internships, job boards and other resorces to get you started as you embark on your legal education and/or beginning your legal career.

* Career Resources and Guidance
* Volunteering
* Internships
* Job Listings
* Find a Mentor
* Student Specific Pages from ABA Entities
* Other Areas of Interest
* Other Career-Building Opportunities

Career Resources and Guidance

* ABA Career Counsel
* Starting a Career in Children's Law
* Government and Public Sector Lawyers Division Career Center
* Careers in Intellectual Property Law
* Standing Committee on Pro Bono and Public Service and Center for Pro Bono

Volunteering

* Pro Bono Volunteer Opportunities
* Entering the Community -- Tips on Volunteering
* Directory of Law School Pro Bono and Public Interest Programs
* ABA Standing Committee on Pro Bono and Public Service
* ABA Center for Pro Bono Web Links

Internships and Fellowships

American Bar Association
Internships at the American Bar Association
Chicago and Washington DC Offices
Occasionally, internships become available for law students to work in the Chicago or Washington DC offices of the ABA. These positions generally include research, project coordination and other legal assistance assignments. Tell me more about Internships at the American Bar Association >>>

Antitrust Law
The Janet D. Steiger Fellowship Project
The Janet D. Steiger Fellowship Project offers 1L and 2Ls the opportunity for summer work in the Consumer Protection Departments and/or Antitrust Law Departments of state attorneys general offices throughout the United States. The ABA Section of Antitrust Law provides each participant with a $5,000 stipend. For details about the Janet D. Steiger Fellowship Project, contact Deborah Douglas at (312) 988-5606.

Business Law
Diversity Clerkship Program
The purpose of the program is to expose more students to business law and business courts and encourage students to consider a career in business law. These clerkship opportunities are aimed at qualified minority or otherwise disadvantaged candidates who have completed the equivalent of their first year of law school. Tell me more about the Diversity Clerkship Program >>>

Center on Children and the Law
Internship Opportunity – Washington, D.C. Office
Internships are available during the summer, spring and fall for students with an interest in child welfare issues. One of our Summer ‘08 internship positions will be focused on child and adolescent health; a background in health or psychology is strongly preferred for this position. To learn more about internships at the Center on Children and the Law, please visit http://www.abanet.org/child/internships.shtml. To apply, please e-mail a cover letter and resume to PilnikL@staff.abanet.org.

Criminal Justice
Internship Opportunity
Internship opportunities with the Section are available. Previous successful candidates spent a summer or semester in the Washington, DC offices of the Section, and assisted Section staff with criminal justice policy research, Section Committee projects, and various other activities. (Note: You must be a member of the ABA Criminal Justice Section in order to obtain additional information and an application form for this Internship Opportunity.)

* Tell me more about policy research opportunities with the Criminal Justice Section.
* Tell me more about student membership in the Criminal Justice Section.

Dispute Resolution
Internship Opportunity
Take advantage of Student Internship Opportunities at the Section of Dispute Resolution office in Washington, D.C. Law student interns focus on ADR research into emerging critical issues under the supervision of an attorney, conduct needs assessment and systems design for dispute resolution in specific practice areas or institutions, and make site visits to local programs such as the D.C. Court's Multi-Door Program. Tell me more Internship Opportunities with the Dispute Resolution Section >>>

Domestic Violence
Fellowship Opportunity
One year position to begin in August 2008 with the ABA Commission on Domestic Violence located in Washington, DC. Applicants must earn their J.D. from an ABA-approved law school in 2007 or 2008 and must be licensed to practice law in a U.S. state or a candidate for the July 2008 Bar exam. Provides a $40,000 salary and excellent benefits. Deadline to apply: December 7, 2007. Tell me more Fellowship Opportunities with the Commission on Domestic Violence >>>

Environment, Energy and Natural Resources
Fellowship Opportunity
The American Bar Association (ABA) Section of Environment, Energy, and Resources is pleased to announce the sponsorship of Fellowships for eligible law students during the summer of 2008. The ABA Fellowship in Environmental Law, formerly the Minority Fellowship in Environmental Law, is designed to encourage disadvantaged or traditionally underrepresented law students to study and pursue careers in environmental law. Tell me more about Fellow Opportunities offered by the Section of Environment, Energy and Natural Resources >>>

Ethnic and Racial Diversity
Judicial Clerkship Program
A joint effort of the Advisory Council and the Judicial Division, this program is designed to bring judges and minority law students together through structured networking activities. Students are able to demonstrate their knowledge and research skills in a small group setting while interacting with the judges in a team building effort. Tell me more about the Judicial Clerkship Program >>>

Immigration
Clerkship Program
The ABA Commission on Immigration seeks talented law clerks and interns to assist in cutting-edge national advocacy work for immigrants, refugees and newcomers to this nation. Law clerks (law students) and interns (undergraduates) will participate in research and development of various policy initiatives to ensure that immigration laws respect the due process rights of immigrants, to benefit adult and children immigrants and refugees detained by the ICE, and to promote pro bono practices across the country. Tell me more about the Immigration Clerkship Program >>>

Individual Rights and Responsibilities
Internship Opportunities
Internships are available year-round and applications are accepted until positions are filled. Candidates should send a resume, a brief writing sample (less than 10 pages), and a cover letter detailing the candidate’s interest in working for the ABA Section of Individual Rights and Responsibilities. Tell me more Internship Opportunities available through the Section of Individual Rights and Responsibilities >>>

International Law
Internship Opportunity
The program is intended to facilitate the establishment of legal internships for U.S. law students interested in the practice of international law with overseas law firms. Tell me more about Internship Opportunities available from the Section of International Law >>>

Law and Aging
Internship Opportunities
Seasonal internships designed to provide law students interested in pursing a career focusing on law and aging issues with experience in a nationally known organization in that field. Tell me more about the Internship Opportunities available through the Commission on Law and Aging >>>

Litigation
Judicial Opportunities Internship Program
Seeks to provide internship opportunities for minority or financially disadvantaged law students, those who are members of traditionally underrepresented groups in the legal profession. The Judicial Intern Opportunity Program is a full-time, six-week minimum, summer internship program open to all first- or second-year minority and/or financially disadvantaged law students who want to do legal research and writing for state or federal judges in participating cities. Students may indicate geographic location preferences on their applications. Interns will receive an award of $1,500. Tell me more about the Judicial Opportunities Internship Program >>>

Mental and Physical Disabilities Law
Internship Opportunities
Available for the fall, spring, and summer semesters. Duties include using Westlaw to research disability law issues, cite-checking cases and legislation, and assisting with various other Commission projects. Tell me more Internship Opportunities available from the Commission on Mental and Physical Disabilities >>>

Public Service
Internship Program
The Division for Public Service provides summer internships to design and carry out a public interest legal research and writing project of particular interest to the law student. Tell me more about the Internship Program with the Division for Public Service >>>

Rule of Law Initiative
Domestic and International Internships
Applications are now being taken by the ABA Rule of Law Initiative for domestic and international internships for the Spring and Summer, 2008. Deadline: Spring Internships--November 15/Summer Internships--February 15 Tell me more about Internships available through the Rule of Law Initiative >>>

For more information on Career Resources and Opportunities, visit the Law Student Division Career Page and the ABA Career Counsel.
2008 Career Fair
August 7, 2008 (New York City, NY)

Make Plans Now to Attend the 2008 Career Fair! The ABA Law Student Division will host the 2nd Annual Career Fair during the August ABA Annual Meeting in New York

* Tell me more about the Career Fair
* List of Participating Legal Employers
* Register for the Career Fair and ABA Annual Meeting

2008 Annual Meeting in New York City, NY
August 7-12, 2008

Register by July 8 for only $75

* Tell me more about the ABA Annual Meeting
* Law Student Division Preliminary Program Brochures
* Law Student Division Schedule of Events
* Career Fair and Resume Review
* Annual Meeting and Career Fair Online Registration
* Looking for a Roommate for Annual?

ABA Entities Offer Networking Opportunities for Law Students

* Directory of Sections, Divisions and Forums
* Find a Specific Entity
* ABA Entity Profiles
* Writing Contests and Competitions

ABA Student Specific Pages

* Administrative Law and Regulatory Practice
* Antitrust
* Career Counsel
* Criminal Justice
* Dispute Resolution
* Domestic Violence, Commission on
* Environment, Energy and Resources
* Ethnic and Racial Diversity, Commission on
* Family Law
* General Practice Solo and Small Firm Practitioners
* Government and Public Sector Lawyers Division
* Health Law
* Intellectual Property
* International Law
* Labor and Employment
* Law and Aging, Commission on
* Legal Education and Admissions to the Bar
* Pro Bono, Standing Committee on
* Public Contract Law
* Public Utility, Communication and Transportation
* Real Property, Trust and Estate Law
* State and Local Government
* Taxation
* Tort and Insurance Practice

Job Postings

* Career at the American Bar Association
* Career Counsel
* Pro Bono and Public Interest
* ABA Commission on Ethnic and Racial Diversity Job Board
* Young Lawyers Division Career Page
* Job Hunting Tips

Find a Mentor

Mental and Physical Disabilities Law (Commission on)
Mentor Program for Students with Disabilities
This program is open to all law students with physical, mental, or learning disabilities (brochure). Students are paired with practicing attorneys, based on the student's interest in either being matched according to disability, geographical location, or area of interest. Mentors offer students both academic and career advice, in addition to insights into the private and government sectors. Tell me more about the Mentor Program for Students with Disabilities >>>

Mentoring Certificate Program
General Practice, Solo and Small Firms Division
The ABA General Practice, Solo and Small Firms Division offers a Mentoring Certificate Program for law students designed to expand upon traditional law school education, by focusing on introducing law students to the practical aspects of being a lawyer through real world activities and through the mentor’s insight and guidance. Further, the program is flexible, enabling law students to pick their own mentor and tailor the program’s criteria to their own interests. Tell me more about the General Practice Mentoring Certificate Program >>>
Other Areas of Interest

* Commission on Ethnic and Racial Diversity
* Native American Concerns
* Commission on Women
* Commission on Mental and Physical Disability Law
* Sexual Orientation and Gender Identity

Other Career-Building Resources

PATHWAYS TO EMPLOYMENT IN INTERNATIONAL LAW PROGRAM
Section of International Law
The Section of International Law invites your law school to join their national tour! If you are interested in attending a program or hosting one at your law school, please contact Angela Benson at bensona@staff.abanet.org or (202) 662-1664. Tell me more about the Pathway to Employment Program >>>

Law Student Vice-Chair Positions
ABA Tort Trial & Insurance Practice Section (TIPS)
Take advantage of an opportunity to meet and work with trial attorneys, enhance your résumé, and write for national publications. Note: The TIPS Liaison/Vice-Chair program is an independent program and not associated with the ABA Law Student Division Liaison program. Application deadline: November 15. Tell me more about the TIPS Law Student Vice-Chair Program >>>

Obtain Access to Resources Designed for New Lawyers
ABA Young Lawyers Division (YLD)
Join ABA YLD for only $5 and take advantage of these great member benefits while you're still in law school:

* Access to The Young Lawyer - a practice-oriented newsletter designed to deliver specific, practical information in an easy-to-read format. It is mailed to all ABA YLD members 11 times per year. Tell me more about The Young Lawyer Newsletter
* Access to the 101 Practice Series - an online resource for new lawyers covering basic training in both substantive and practical aspects of law practice. With over 170 quick tips and tools, this series is an essential resource for lawyers in their first three years of practice. Tell me more about the 101 Practice Series
* Continue the advantages of ABA YLD membership after you graduate: Advance your career by attending CLE and Professional Development programs at an ABA YLD conference, joining an ABA YLD committee, and even applying for a leadership position in the ABA YLD. The information and networking available through the ABA YLD are priceless resources that will help you advance your career. Tell me more about the Young Lawyers Division

Contact Us

Question, Comments, please email us at abalsd@abanet.org

Back to Top
Copyright American Bar Association. http://www.abanet.org

* Topics A-Z
* Web Store
* ABA Calendar
* Contact ABA

American Bar Association
The United States of America Clerkship of JD LLM student Christian Milan J.D. student lawyer judge L02773316 L01432062 L24033516 jurisdoctorstud

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Internships and Clerkships
Clerkship Applications: 2Ls start your engines
Submitted by jessie

No this is not a post encouraging you to break the rules and apply early. But just because your clerkship application isn't due until the fall of your 3L year doesn't mean you don't need to think about it now. A clerkship application consists of a cover letter, resume, transcript, writing sample and letter of recommendation. They all require forethought. Here are the steps 2Ls need to take now to be well positioned to apply next year:
Read more

* Topic: Internships and Clerkships

Stocking my legal toolbox
Submitted by Megan Suzanne Brown
Last semester I participated in a law school clinic in which we represented local college and graduate students receiving public assistance. Most of our clients were women, and most were mothers who were balancing going to school, raising children, and struggling to meet the workfare requirements mandated by the 1996 changes in welfare law (the Personal Responsibility and Work Opportunity Reconciliation Act). This summer, I work at a clinic representing women in family court with domestic violence–related cases. Our clients are typically women seeking family court orders of protection against an abusive intimate partner or former intimate partner, and if they have children with him, we may help with their custody, visitation, and/or child support issues.

I have relatively little experience in these fields, and yet I am struck by how both the welfare and the family court systems oppress women, especially mothers. As a legal intern, the public assistance cases I worked on were never-ending battles against the bureaucratic machine that is the welfare system. In domestic violence cases, the battle is against both the family court legal process and a manipulative batterer at the other end, who has driven our client to court through his abusive power and control.
Read more

* Topic: Internships and Clerkships
* Optional tags: Domestic Violence, Public Interest, Public Service, Welfare, Sexism, Poverty

Wanted for Judicial Clerkships: Women with More Law Review Credentials
Submitted by Milan D. Smith Jr

My eldest daughter, Tiffany Smith, who is now a third year law student at the University of Utah, recently alerted me to the formation of Ms. JD and its mission. I write to share some of my recent personal experiences and to applaud your efforts.

I was confirmed by the United States Senate on May 16, 2006 as United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit and took my oath of office on June 30, 2006.
Read more

* Topic: Internships and Clerkships
* Optional tags: Ninth Circuit, Judge, federal courts

The Strategic Clerkship Application
Submitted by contemplateIT

I am the first person in my immediate and extended family to attend law school. So, I had no idea that judicial clerkships existed, let alone that my application was being shaped the minute I walked into my first law school class. By the time I’d figured out what a clerkship is, that I wanted a clerkship, and what I needed to do to get one, I was well into my second year of law school and getting ready to put the actual applications together. I still managed to land a clerkship, but now I realize I could have been much more strategic, for better or worse, about the clerkship process. Here are two things that are critical in the clerkship application process and that I could have been more startegic about.
Read more

* Topic: Internships and Clerkships
* Optional tags: Clerkships

Adjudication Without Representation? Panel Discusses High Court’s Clerks
Submitted by Mack

Diversity among the Supreme Court’s clerks was the subject of a panel recently at New York University School of Law. Inspired by an article that appeared at the start of this year’s term (Linda Greenhouse, Women Suddenly Scarce Among Justices’ Clerks, N.Y. TIMES, Aug. 30, 2006, at A3), students in Law Women, the Latino Law Students Association, and the South Asian Law Student Association, with the support of the Coalition for Legal Recruiting, decided to put together a night to address diversity on the Court.

The panel featured five former Supreme Court clerks: Professor Cristina Rodríguez (Justice O’Connor), Professor Rachel Barkow (Justice Scalia), Aziz Huq of the Brennan Center for Justice (Justice Ginsburg), and Troy McKenzie of Debevoise & Plimpton LLP (Justice Stevens), and Dean Richard Revesz (Justice Marshall), who hosted the event. The panelists were not convinced, as the article was, about the dire straits of the Court’s clerks.
Read more

* Topic: Internships and Clerkships

Mujeres en la justicia
Submitted by Anonymous

By Sina, a 2L at Yale Law School

Do not be fooled by appearance. That is the first lesson Buenos Aires, Argentina taught this chica. Sure, I was enchanted by the large luscious steaks, the ubiquitous fine wine, the gorgeous people, and stately buildings. I wanted to believe in a place where a five course dinner costs 30 pesos (US$15) and where I could spend all afternoon in a spa, exit manicured, waxed, and massaged for less than 18 pesos (US$6). But in the end, sometimes the sweet smell is exactly what tells you something has gone terribly sour.
Read more

* Topic: Internships and Clerkships
* Optional tags: Students, Internships, International, Argentina

The UN as a Family-Friendly Employer
Submitted by Anonymous

By a Second-Year Law Student
Read more

* Topic: Internships and Clerkships
* Optional tags: UN, Students, Internships, International, Family

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The United States of America Common Law L02773316

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The Common Law of the United States
From Wikipedia, the free encyclopedia
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The United States Constitution, the supreme law of the United States
The United States Constitution, the supreme law of the United States
The United States Reports, the official reporter of the Supreme Court of the United States
The United States Reports, the official reporter of the Supreme Court of the United States

The law of the United States was originally largely derived from the common law system of English law, which was in force at the time of the Revolutionary War.[1] However, the supreme law of the land is the United States Constitution and, under the Constitution's Supremacy Clause, laws enacted by Congress and treaties to which the U.S. is a party. These form the basis for federal laws under the federal constitution in the United States, circumscribing the boundaries of the jurisdiction of federal law and the laws in the fifty U.S. states and territories.
Contents
[hide]

* 1 General overview
o 1.1 Sources of law
o 1.2 American common law
* 2 Federal law
* 3 State law
o 3.1 Criminal law
o 3.2 Tort law
o 3.3 Attempts at "uniform" laws
* 4 Local law
* 5 Odd exceptions
* 6 Innovations
* 7 See also
o 7.1 Lists
* 8 References
* 9 External links

[edit] General overview

[edit] Sources of law

In the United States, the law is derived from four sources. These four sources are constitutional law, administrative law, statutory law, and the common law (which includes case law). The most important source of law is the United States Constitution. All other law falls under, and is subordinate to, that document. No law may contradict the Constitution. For example, if Congress enacts a statute that conflicts with the Constitution, the Supreme Court may find that law unconstitutional, and declare it invalid.

Notably, a statute does not disappear automatically merely because it has been found unconstitutional; it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court.[2]

Also, certain practices traditionally allowed under English common law were outlawed by the Constitution, such as bills of attainder[3] and general search warrants.[4]

[edit] American common law

The United States and most Commonwealth countries are heirs to the common law legal tradition of English law;[5] for example, U.S. courts have inherited the principle of stare decisis.

English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted "reception" statutes which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.[6] Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague.[7] Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form[8], such as the heightened duty of care traditionally imposed upon common carriers.[9]

Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples that many lawyers will recognize are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfers Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants.[10]

However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from British Commonwealth common law. The reason is that although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, and the reasoning is strongly persuasive.

Early on, American courts, even after the Revolution, often did cite contemporary English cases. This was because appellate decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap.[11] But citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people.[12] The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910.[13] Today, in the words of Stanford law professor Lawrence Friedman: "American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone; but current British law almost never gets any mention."[14]

Some adherents of originalism and strict constructionism such as Justice Antonin Scalia of the United States Supreme Court argue that American courts should never look for guidance to post-Revolution cases from legal systems outside of the United States, regardless of whether the reasoning is persuasive,[15] with the sole exception of cases interpreting international treaties to which the United States is a signatory. This position follows inevitably from the philosophy of originalism, which posits not only that the Constitution is the ultimate source of judicial authority in the U.S., but that the only proper analysis of the document consists of discerning the document's original meaning at the time of its adoption. Therefore, discussion of British law that postdates the Constitution is irrelevant as it sheds no light on the original meaning of the Constitution. Others, such as Justices Anthony Kennedy and Stephen Breyer, disagree, and cite foreign law from time to time, where they believe it is informative, persuasive, useful or helpful. However, foreign law has never been cited as binding precedent, but merely as a reflection of the shared values of Anglo-American civilization or even Western civilization in general.[16]

[edit] Federal law

Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce. Nearly all statutes have been codified in the United States Code. Many statutes give executive branch agencies the power to create regulations, which are published in the Federal Register and codified into the Code of Federal Regulations. Regulations generally also carry the force of law under the Chevron doctrine. Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis.

[edit] State law
Volumes of the Thomson West annotated version of the California Penal Code, the codification of criminal law in the state of California
Volumes of the Thomson West annotated version of the California Penal Code, the codification of criminal law in the state of California

The fifty American states are separate sovereigns with their own state constitutions and state governments.[17] They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate.

Nearly all states started with the same British common law base, with the notable exception of Louisiana; Louisiana law has always been strongly influenced by the French Napoleonic Code. The passage of time has resulted in enormous diversity in the laws of the states. State courts have expanded the old common law rules in different directions (through their traditional power to make law under the doctrine of stare decisis), and state legislatures have passed various statutes expanding or overriding many judge-made rules.

Many American states have codified some or all of their statutory law into legal codes. Codification was an idea borrowed from the civil law through the efforts of American lawyer David Dudley Field. New York's codes are known as "Laws." California and Texas simply call them "Codes." Other states use terms such as "Revised Statutes" or "Compiled Statutes" for their compilations. California, New York, and Texas have separate subject-specific codes, while all other states and the federal government use a single code divided into numbered titles.

In some states, codification is often treated as a mere restatement of the common law. Judges are free to liberally interpret the codes unless and until their interpretations are specifically overridden by the legislature.[18] In other states, there is a tradition of strict adherence to the plain text of the codes.

The advantage of codification is that once the state legislature becomes accustomed to writing new laws as amendments to an existing code, the code will usually reflect democratic sentiment as to what the current law is (though the entire state of the law must always be ascertained by reviewing case law to determine how judges have interpreted a particular codified statute).

In contrast, in jurisdictions with uncodified statutes, like the United Kingdom, determining what the law is can be a more difficult process. One has to trace back to the earliest relevant Act of Parliament, and then identify all later Acts which amended the earlier Act, or which directly overrode it. For example, when the UK decided to create a Supreme Court of the United Kingdom, lawmakers had to identify every single Act referring to the House of Lords that was still good law, and then amend all of those laws to refer to the Supreme Court.[19]

[edit] Criminal law

In the arena of criminal law, all states have somewhat similar laws in regard to "higher crimes" (or felonies), such as murder and rape, although penalties for these crimes may vary from state to state.

For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as a medical issue and others categorizing the same offense as a serious felony.

[edit] Tort law

United States tort law varies widely across the states. For example, a few jurisdictions allow actions for negligent infliction of emotional distress even in the absence of physical injury to the plaintiff, but most do not. For any particular tort, states differ on the causes of action, types and scope of remedies, statutes of limitations, and the amount of specificity with which one must plead the cause. With practically any aspect of tort law, there is a "majority rule" adhered to by most states, and one or more "minority rules."

[edit] Attempts at "uniform" laws

Efforts by various organizations to create "uniform" state laws have been only partially successful. The two leading organizations are the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). The most successful and influential uniform laws are the Uniform Commercial Code (a joint ALI-NCCUSL project) and the Model Penal Code (from ALI).

Apart from model codes, the American Law Institute has also created Restatements of the Law which are widely used by lawyers and judges to simplify the task of summarizing the current status of the common law. Instead of listing long, tedious citations of old cases (in order to invoke the long-established principles contained in those cases), they can simply cite a Restatement section to refer to a particular common law principle.

[edit] Local law
Law affects every aspect of American life, including parking lots. Note the citations to statutes on the sign.
Law affects every aspect of American life, including parking lots. Note the citations to statutes on the sign.

States have delegated lawmaking powers to thousands of agencies, townships, counties, cities, and special districts. And all the state constitutions, statutes and regulations are subject to judicial interpretation like their federal counterparts.

Thus, at any given time, the average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior.

[edit] Odd exceptions

As noted above, much of Louisiana law is derived from the Napoleonic Code; the adherence to French legal traditions stems from its time as a French colony. Puerto Rico is also a civil law jurisdiction of the United States. However, the criminal law of both jurisdictions has been necessarily modified by common law influences and the supremacy of the federal Constitution.

Many states in the southwest that were originally Mexican territory have inherited several unique features from the civil law that governed when they were part of Mexico. These states include Arizona, California, Nevada, New Mexico, and Texas. For example, these states all have a community property system for the property of married persons (Idaho, Washington, and Wisconsin have also adopted community property systems, but they did not inherit them from a previous civil law system that governed the state). Another example of civil law influence in these states can be seen in the California Civil Code, where the law of contracts is treated as part of the law of obligations (though the rules actually codified are clearly derived from the common law).

Many of the western states, including California, Colorado, New Mexico, and Wyoming use a system of allocating water rights known as the prior appropriation doctrine, which is derived from Spanish civil law. It should be noted that each state has modified the doctrine to suit its own internal conditions and needs.

[edit] Innovations

"American law is, by international standards, a series of innovations and exceptions... the United States has charted a distinctive and idiosyncratic legal path."[1]

Several legal innovations first arose in the United States, and some of those innovations have been adopted by other countries.

The most broadly influential innovation of 20th century American law was the rule of strict liability for defective products, which originated with judicial glosses on the law of warranty. In 1963, Roger J. Traynor of the Supreme Court of California threw away legal fictions based on warranties and imposed strict liability for defective products as a matter of public policy in the landmark case of Greenman v. Yuba Power Products.[20]. The American Law Institute subsequently adopted the Greenman rule in Section 402A of the Restatement (Second) of Torts, which was published in 1965 and was very influential throughout the United States.[21] Outside the U.S., the rule was adopted by the European Economic Community in the Product Liability Directive of July 1985,[22] by Australia in July 1992,[23] and by Japan in June 1994.[24]

By the 1990s, the avalanche of American cases resulting from Greenman and Section 402A had become so complicated that another restatement was needed, which occurred with the 1997 publication of the Restatement (Third) of Torts: Product Liability.

[edit] See also

* Legal systems of the world
* Black's Law Dictionary

[edit] Lists

* List of sources of law in the United States
* List of United States Supreme Court cases
* List of Uniform Acts (United States)
* List of United States federal legislation

[edit] References

1. ^ Lawrence M. Friedman, A History of American Law, 3rd ed. (New York: Touchstone, 2005), 4-5. Professor Friedman points out that English law itself was never completely uniform across England prior to the 20th century. The result was that the colonists recreated the legal diversity of English law in the American colonies.
2. ^ For example, the U.S. Supreme Court was forced to directly respond to judicial insubordination on the part of the Montana Supreme Court in the case of Casarotto v. Lombardi, 901 P.2d 596 (Mont. 1995), vacated sub nom. Doctor’s Assocs., Inc. v. Casarotto, 517 U.S. 681 (1996).
3. ^ U.S. Const., Art. 1, §§ 9 and 10.
4. ^ U.S. Const., Amend. IV.
5. ^ Friedman, 67-69.
6. ^ Miles O. Price & Harry Bitner, Effective Legal Research: A Practical Manual of Law Books and Their Use, 3rd ed. (Buffalo: William Hein & Co., 1969), 272.
7. ^ Ibid.
8. ^ Ibid.
9. ^ See, e.g., Gomez v. Superior Court (Walt Disney Co.), 35 Cal. 4th 1125 (2005) (citing Lovett v. Hobbs, 89 Eng. Rep. 836 (1680)). The Gomez court relied on a line of cases originating with Lovett in order to hold that Disneyland was a common carrier.
10. ^ See, e.g., Meija v. Reed, 31 Cal. 4th 657 (2003).
11. ^ Friedman, 69.
12. ^ Elizabeth Gaspar Brown, "Frontier Justice: Wayne County 1796-1836," in Essays in Nineteenth-Century American Legal History, ed. Wythe Holt, 676-703 (Westport, CT: Greenwood Press, 1976): 686. Between 1808 and 1828, the briefs filed in court cases in the Territory of Michigan changed from a complete reliance on English sources of law to an increasing reliance on citations to American sources.
13. ^ Friedman, 475.
14. ^ Lawrence M. Friedman, American Law in the Twentieth Century (New Haven: Yale University Press, 2004), 575.
15. ^ Scalia expressed his views in his dissent in Atkins v. Virginia, 536 U.S. 304 (2002), quoting his own earlier dissent in Thompson v. Oklahoma, 487 U.S. 815 (1988): "Equally irrelevant are the practices of the 'world community,' whose notions of justice are (thankfully) not always those of our people. 'We must never forget that it is a Constitution for the United States of America that we are expounding. … Where there is not first a settled consensus among our own people, the views of other nations, however enlightened the Justices of this Court may think them to be, cannot be imposed upon Americans through the Constitution.' "
16. ^ See Lawrence v. Texas, 538 U.S. 558 (2003), in which the majority cited a European court decision, Dudgeon v. United Kingdom, 45 Eur. Ct. H. R. (1981), as indicative of the shared values of Western civilization.
17. ^ U.S. Const., Amend. X.
18. ^ California is the supreme example of this position. Li v. Yellow Cab, 13 Cal. 3d 804 (1975).
19. ^ Constitutional Reform Act 2005, via Office of Public Sector Information (OPSI.Gov.uk)
20. ^ Mark A. Kinzie & Christine F. Hart, Product Liability Litigation (Clifton Park, NY: Thomson Delmar Learning, 2002), 100-101. See also Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57 (1963).
21. ^ Kinzie & Hart, 101.
22. ^ Norbert Reich, Understanding EU Law: Objectives, Principles and Methods of Community Law (Antwerp: Intersentia, 2005), 337.
23. ^ Ellen E. Beerworth, "Australia," 51-74, in International Product Liability, vol. 1, ed. Christian Campbell (Salzburg: Yorkhill Law Publishing, 2006), 52.
24. ^ Patricia L. Maclachlan, Consumer Politics in Postwar Japan (New York: Columbia University Press, 2002), 226.

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