The Vietnamese American Bar Association of Washington (VABAW) is pleased to offer a summer clerkship through our Hong Duc Clerkship program. This year’s recipient will be VABAW’s 6th Hong Duc Clerk. The clerk will be working at Hogan Lovells in Ho Chi Minh City this upcoming summer.
The application deadline is February 28, 2013. Click here to download a copy of the application.
NAPABA AND AAJC APPLAUD NOMINATION OF RAYMOND T. CHEN TO THE FEDERAL CIRCUIT
WASHINGTON – Today President Obama nominated Raymond T. Chen to a seat on the U.S. Court of Appeals for the Federal Circuit. If confirmed, he will be the first Asian Pacific American to serve on the Federal Circuit in over 25 years.
“Raymond Chen will be an excellent addition to the Federal Circuit and we are proud to support his nomination,” said Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “His many years of experience at the U.S. Patent and Trademark Office together with his temperament and intellect make him an exceptionally well-qualified nominee for this court, and we commend President Obama for nominating him.”
Chen has served as the Deputy General Counsel for Intellectual Property Law and Solicitor at the U.S. Patent and Trademark Office since 2008. He first joined the office in 1998 as an Associate Solicitor and has received numerous awards for his service, including: the Gold Medal Award, U.S. Department of Commerce (2011); the Bronze Medal Award, U.S. Department of Commerce (2005); and Attorney of the Year, Office of the Solicitor. He previously worked as a technical assistant at the Federal Circuit from 1996 to 1998, as an associate at the law firm Knobbe, Martens, Olson & Bear from 1994 to 1996, and as a scientist at Hecker & Harriman (now Hecker Law Group) in Los Angeles. Chen is a graduate of the New York University School of Law and the University of California, Los Angeles.
“I have no doubt that Raymond Chen will make an outstanding judge. We applaud President Obama for nominating him,” said Mee Moua, president and executive director of the Asian American Justice Center (AAJC), member of the Asian American Center for Advancing Justice. “As an Asian American engineer, career civil servant, and top-notch lawyer, he will make a meaningful contribution to the diversity of the Federal Circuit.”
Asian Pacific Americans continue to be significantly underrepresented in the federal judiciary. Today only 2 out of over 180 federal appellate court judges in the entire nation are of Asian Pacific American heritage. NAPABA and AAJC thank President Obama for his continued commitment to nominating well-qualified, diverse nominees to the federal judiciary. Chen is the fifth Asian Pacific American that President Obama has nominated to the appellate courts.
PRIZES: CUNY and SUNY winners will be awarded $1000 each with one winner awarded the New York State (NYS) Community College Grand Prize of $1,500. The winners will also be honored at the Law Day ceremony at the Court of Appeals Hall an event at which the Chief Judge of the State of New York presides and the Governor, the Attorney General, and the Bench and Bar of New York attend.
DEADLINE:April 5, 2013.
ESSAY TOPIC:‘Cyberspace and the Law: What are Our Rights and Responsibilities?’ Students can choose one of the following questions to develop their essays:
Essay Question 1 – Cyberbullying:Examine the newly-enacted New York law governing cyberbullying and analyze current research on cyberbullying prevention. How do we balance the First Amendment free speech rights of students with the need to prevent the harm (including death) to students who are the targets of cyberbullies?
Essay Question 2 – Digital Piracy:One of the benefits of cyberspace is the ease with which we can maintain contact with our friends and share important aspects of our lives. However, sometimes the things we would like to share are copyrighted artistic works and file-sharing would run afoul of copyright laws. How can we ensure that the rights of both the copyright owners and those of lawful download owners are fair and balanced?
Essay Question 3 – Privacy in Peril:Privacy is the power to control how much other people know about us. Few of us realize the extent to which our Internet activities are tracked or know that our digital footprints remain traceable, often for long periods of time. How can we balance our digital lives and our personal privacy?
Essay Question 4 – Government Surveillance:The right to be free of unwarranted search and seizure is enshrined in the Fourth Amendment of the U.S. Constitution. But new technologies such as manufacturer installed GPS systems in cars, cell phone tracking and the introduction of surveillance drones in the United States have made widespread law enforcement and governmental surveillance of the American population possible. Is this technology eroding our Fourth Amendment rights and forcing us to change our expectations about privacy in public spaces?
The United States District Court for the Southern District of New York has revised its ECF Rules & Instructions. Please see page four of the attached document for more information about the specific revisions.
NEW REPORT HIGHLIGHTS OPPORTUNITIES FOR NEW YORK STATE TO EXPAND IMMIGRANT HEALTH CARE COVERAGE
New York Must Address Eligibility, Documentation, Outreach, and Oversight Barriers to Ensure Access to Health Care for Immigrant New Yorkers
February 6, 2013 (New York) – As New York State works to implement the Affordable Care Act and establish its Health Benefit Exchange, key opportunities exist to expand immigrants’ access to health reform. A report released today by the New York Immigration Coalition (NYIC), the New York State Health Foundation (NYSHealth), and Empire Justice Center urges New York State policymakers to preserve and promote immigrants’ access to health care coverage and offers recommendations to mitigate disparities between citizens and noncitizens in health care.
The report, “Maximizing Health Care Reform for New York’s Immigrants,” written by the NYIC in conjunction with Empire Justice Center, highlights opportunities for New York to address key factors that can ameliorate or impede immigrants’ access to health care coverage, including eligibility classifications; documentation and verification policies and practices; marketing and outreach; and oversight and monitoring. The report also includes recommendations for ensuring access to care for those immigrants who will remain uninsured even after health reform is implemented.
Federal health reform will expand coverage opportunities and increase access to care for many of New York State’s uninsured residents, but there are gaps in federal Affordable Care Act provisions regarding the inclusion of immigrants. For example, lawful immigrants will continue to face federal restrictions on enrolling in public health insurance programs, and undocumented immigrants are barred from most types of public coverage and from purchasing coverage in new Health Benefit Exchanges. The report offers recommendations for how New York State can address the health care needs of those left out of federal reform by making policy choices at the state level that expand access to health care coverage for immigrants, as well as by strengthening its safety net system.
“The full participation of immigrants in the Exchange is critical to meeting the goals of health reform,” said Chung-Wha Hong, executive director of the New York Immigration Coalition. “It will be up to New York State to craft an Exchange and related public health programs that are responsive the needs of immigrant New Yorkers. This is the chance for New York to create a health program that serves as a national model for reducing health disparities.”
[Photo left to right] Chung-Wha Hong, executive director of the New York Immigration Coalition and Jackie Vimo, director of advocacy at the New York Immigration Coalition introduce the report, “Maximizing Health Care Reform for New York’s Immigrants.”
New York State’s noncitizens (both lawfully present and undocumented) are three times as likely as citizens to lack health insurance coverage. Impediments to coverage include working for small businesses that are less likely to offer health insurance, having misconceptions about the effect of documentation and public health benefits on their immigration status, and encountering language barriers in enrollment and retention process.
“With implementation of the health reform law, we have an unprecedented opportunity to extend health insurance coverage to more than 1.2 million New Yorkers,” said James R. Knickman, president and CEO of NYSHealth. “Our success in achieving an affordable, equitable health care system that covers as many people as possible is dependent largely on how well the State implements the Affordable Care Act, and how well it serves our immigrant population.”
[Photo above] James R. Knickman, president and chief executive officer of the New York State Health Foundation speaks about the report’s recommendations.
“The health care exchange opens up an exciting new avenue for New York’s immigrants to access affordable health care,” said Barbara Weiner, senior staff attorney at Empire Justice Center, a contributing author to the report. “Nevertheless, New York must continue in its praiseworthy tradition of providing help to those whom the federal government has continued to leave out in the cold. The young people who are being granted deferred action because they were brought to the U.S. as young children comprise one such group. Current federal policy excludes them from benefits under both Medicaid and the Exchange.”
[Photo above] Barbara Weiner, senior staff attorney of Empire Justice Center gives more details on the report.
Immigrant community-based organizations (CBOs), such as the New York Immigration Coalition’s 200 member groups, are immigrants’ main source of information and assistance in navigating the health care system. Incorporating these CBOs into outreach and enrollment efforts will be crucial for reaching immigrant communities.
“With the help of the New York Immigration Coalition, KCS has been able to give presentations to uninsured seniors in our community about their options and help them through the murky public healthcare waters,” said Sandra Oh, community health educator, The Korean Community Services of Metropolitan New York, Inc.
Maha Attieh, health program manager at the Arab-American Family Support Center said, “The uninsured, underserved and low income people in my community reach out to me with many questions that I can’t answer. Due to language barriers, they don’t know how to navigate the system. I hope the new exchange program is affordable and easy to access for the Arab American community. We want our community to be insured and have access to health care to have a healthy life.”
[Photo above] Maha Attieh, health program manager at the Arab-American Family Support Center speaks about the affect the new exchange program will have on immigrants in her community.
“We see hope that there will be rational and effective healthcare for New York immigrants through the soon to be implemented New York State Health Benefits Exchange,” said Siobhan Dennehy, executive director of Emerald Isle Immigration Services. “It is critically important that we all continue to work toward ending health care disparities which take such toll on the health of uninsured immigrants. We see hope that there will be no fear or confusion when uninsured immigrants seek health care under the NY State Health Benefits Exchange.”
The report made several key recommendations, including:
Shape the State’s definition of “lawfully present” to ensure the broadest possible inclusion of immigrants under the ACA. Currently, immigration definitions and eligibility for public benefits vary by program.
Develop mechanisms for verifying citizenship and immigration status while protecting confidentiality and due process. Enrollment into public insurance programs and the exchange will require verification and documentation of status. The State can streamline the verification requirements under ACA with existing programs while maintaining privacy.
Conduct tailored, active outreach and marketing to engage immigrants and enroll them in health insurance coverage programs. Given the tremendous racial, ethnic, cultural, and language diversity of the State’s residents, a range of tailored approaches to outreach and enrollment activities will be needed to meet the unique needs of multiple immigrant communities.
Secure the safety net and charity care programs. Undocumented immigrants and some others will remain uninsured even after health reform is implemented, so the safety-net system of care will remain important to New York State’s health care infrastructure.
Copies of the report are available by clicking HERE and upon request.
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The New York Immigration Coalition is an umbrella policy and advocacy organization for nearly 200 groups in New York State that work with immigrants and refugees. The NYIC aims to achieve a fairer and more just society that values the contributions of immigrants and extends opportunity to all by promoting immigrants’ full civic participation, fosters their leadership, and provides a unified voice and a vehicle for collective action for New York’s diverse immigrant communities.
The New York State Health Foundation (NYSHealth) is a private, statewide foundation dedicated to improving the health of all New Yorkers, especially the most vulnerable. Today, NYSHealth concentrates its work in three strategic priority areas: expanding health care coverage; improving diabetes prevention; and advancing primary care. The Foundation is committed to making grants, informing health care policy and practice, spreading effective programs to improve the health system, serving as a neutral convener of health leaders across the State, and providing technical assistance to our grantees and partners.
Empire Justice Center is a statewide, multi-issue, multi-strategy public interest law firm focused on changing the “systems” within which poor and low income families live. With a focus on poverty law, Empire Justice undertakes research and training, acts as an informational clearinghouse, and provides litigation backup to local legal services programs and community based organizations. As an advocacy organization, we engage in legislative and administrative advocacy on behalf of those impacted by poverty and discrimination. As a non-profit law firm, we provide legal assistance to those in need and undertake impact litigation in order to protect and defend the rights of disenfranchised New Yorkers.
The current term of the office of United States Magistrate Judge Kevin N. Fox is due to expire on October 1, 2013. The United States District Court is required by law to establish a panel of citizens to consider the reappointment of a magistrate judge to a new eight year term.
The duties of a magistrate judge position include the following: (1) conduct of most preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conduct of various pretrial matters and evidentiary proceedings on delegation from the judges of the district court; and (4) trial and disposition of civil cases upon consent of the litigants.
Comments from members of the bar and the public are invited as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the court, and should be directed to:
Edward Friedland District Court Executive U.S. Courthouse 500 Pearl Street, Room 820 New York, NY 10007-1312