Professor Berg speaks on the national podcast by the Federalist Society about the Supreme Court's upcoming case, Trinity Lutheran Church v. Pauley. The case concerns whether a church operating a day care can be excluded, simply because it's a church, from applying for state funds to resurface its playground with recycled tire rubber to make the playground more safe for the children using it.
In the podcast, Professor Berg argues for the right of the church day care, and by extension the children and families using it, to equal eligibility for safety and health benefits offered by government.
Earlier this month, President Obama made history by commuting the sentences of 214 people in federal prisons. That action, one of the largest exercises of presidential clemency powers since Gerald R. Ford granted pardons to Vietnam draft dodgers and deserters facing prison in 1974, has been hailed by the White House as a sign of Obama’s commitment to clemency.
When President Barack Obama granted clemency to 214 federal inmates last week, University of St. Thomas School of Law professor Mark Osler and several of his former students finally saw the fruits of their labor—some more than five years in the making. On Obama’s list were the names of six men whose freedom they helped make possible.
Through their work as clinical student attorneys in the Federal Commutations Clinic at St. Thomas Law, alumni Marc Spooner ’12, Ashley Bennett ‘13, Derek Hansen ‘13, Eric Hylok ’15 and Jamie Waldon ‘15 directly impacted the lives of three men whose sentences were commuted Aug. 3. An additional three men were helped by Waldon through his work with the Clemency Resource Center at New York University, a pro bono law office that Osler co-founded, where Waldon works alongside Hylok and four other fellows.
Any lawyer who practices regularly in the federal courts will encounter the federal government as a party and will learn, as the Supreme Court warned nearly 60 years ago, that the United States is not “just another private litigant.” The federal government is a party, as plaintiff or defendant, to between one-fifth and one-quarter of all civil cases in the federal courts, including such special tribunals as the Court of Federal Claims and the Court of Appeals for Veterans Claims. The federal government (and its employees) may be protected by sovereign or official immunities, assert special defenses, and enjoy certain exceptions from liability. Federal government cases often involve issues central to the lives of many people, such as claims involving personal injury under the Federal Tort Claims Act; civilian and employee military claims under the Civil Service Reform Act and Tucker Act; governmental expropriation of property under the Tucker Act; and contractual obligations under the Contract Disputes Act; Bivens constitutional claims against federal officers; and claims for attorney’s fees under such unique statutes as the Equal Access to Justice Act.
Read more from Prof. Greg Sisk.
Prof. Levy-Pounds, President of the Minneapolis NAACP, speaks to Politico Magazine.
In Levy-Pound’s perspective, it is a relative lack of investment, not segregation, that pushes black Minnesotans so far away from achieving equality. “If we had access to the proper resources, African-Americans could have thriving enclaves within the Twin Cities community,” Levy-Pounds said.
Dean Vischer writes in Mirror of Justice about the recent violence in Baton Rouge, St. Paul and Dallas.
I viewed last week's horrific violence through the lens of John Inazu's important new book, Confident Pluralism, in which he affirms the importance of certain constitutional commitments (focusing on the right of association and the public forum and funding requirements) and encourages the "civic aspirations" of tolerance, humility and patience. He explains:
Prof. Berg writes in Christianity Today as an expert in religious liberty law. Berg explains Golden State's controversial SB 1146.
Later this year, California governor Jerry Brown may sign legislation with numerous harmful repercussions for the Golden State’s Christian colleges. The state is currently moving closer to adopting a bill that would subject religious higher-education institutions to regulations forbidding them to act on their religious tenets if their students receive state grants to support their studies. SB 1146 “could destroy the ability of numerous faith-based colleges and universities to pursue the mission for which they were created,” warned Ed Stetzer, the executive director of Wheaton College’s Billy Graham Center for Evangelism, in a recent post reporting on an earlier draft.
Episode: Community leaders speak out on the Philando Castile case, Nekima Levy-Pounds, Ramsey County Attorney John Choi, Maplewood Police Chief Paul Schnell, firearms instructor Lucky Rosenbloom, a Dominic Papatola essay, political scientist panel
"You Shot Four Bullets Into Him, Sir": Girlfriend Livestreams Philando Castile’s Death by Police | Democracy Now!
Prof. Levy-Pounds speaks to Democracy Now! about the shooting of Philando Castile in Falcon Heights, MN.
MINNEAPOLIS (WCCO) — Philando Castile was shot at about 9 p.m. Wednesday night.
By midnight, #FalconHeightsShooting was trending on Facebook and Twitter.
Five years ago, the widespread reactions would not have happened so quickly.
Less than nine hours after the shooting, many people had already formed strong opinions about what happened.
“The way the public perceives an event is often shaped by the first things that hit social media,” said Mark Osler, a former federal prosecutor and professor of law at the University of St. Thomas. “Those are playing an outsized role in terms of defining the public debate.”
Two major events have changed the intersection of video and police work: Rodney King and the introduction of the smartphone.
At a vigil Thursday evening outside a public Montessori school where Philandro Castile worked, his mother, Valerie Castile called her son "an angel." Though she recalled cautioning him to always comply with police, she said she never thought she would lose him.
"This has to cease. This has to stop, right now," she told the crowd.
Gov. Mark Dayton said Thursday morning he's pressing for a federal investigation.
"We are shocked and horrified by what occurred last night," he said, promising to do "everything in his power" to do a complete investigation and adding, "Justice will be served in Minnesota."
In Washington, D.C., FBI Director James Comey told lawmakers he was briefed on the Minnesota case "and I expect we'll be involved."
At the White House, a spokesperson said President Barack Obama was "deeply disturbed" by reports of the Falcon Heights shooting.
Dayton spoke to reporters outside the governor's residence in St. Paul alongside Minneapolis NAACP President Nekima Levy-Pounds, Castile's girlfriend Diamond Reynolds, the Rev. Danny Givens, and Clarence Castile, Philando's uncle.
Gov. Mark Dayton called for a federal investigation of the fatal shooting of a black man, Philando Castile, during a traffic stop in Falcon Heights. "This kind of behavior is unacceptable," he said.
ST. PAUL, Minn. (KMSP) - Protesters gathered outside the governor’s mansion early Thursday morning following the fatal officer-involved shooting of 32-year-old Philando Castile by a St. Anthony police officer during a traffic stop in Falcon Heights, Minn.
Protesters marched from the scene of the shooting at Larpenteur Avenue and Fry Street to the governor’s mansion in St. Paul. Many protestors have said they will not go home until Gov. Mark Dayton comes out to give a statement.
"We trust our government, at least we're supposed to, to be able to hire these people who are supposed to protect and serve us and when they kill one of us without just cause, there should be accountability," Minneapolis NAACP President Nekima Levy-Pounds told the protesters. "People should not be executed, shot at point blank range and we're told that it's OK."
Prof. Osler comments in the Star Tribune article, Drug inmate wins release, thanks to University of Minnesota program.
On June 3, 2016, Robert Sleepers received the phone call he had thought about for the past 12 years. Sentenced in June 2004 to a mandatory minimum of 20 years for his role in a non-violent, relatively low-level conspiracy to distribute cocaine, Sleepers admittedly broke the law, but his punishment far exceeded his crime.
For more than 12 years, Sleepers had limited contact with the tight-knit family that supported him throughout his incarceration. He and his family members relied on letters, rare visits, and telephone calls to maintain their tight family bond. On holidays his family members would gather around the phone in one central location to allow each of them to speak with the father and brother they had all missed over the past decade. However, the June 2016 phone call brought news that would change future holidays for Sleepers and his family.
Read more in Newsroom.
Listen to Prof. Mark Osler talk about the Clemency system on NPR news.
Levy-Pounds is a human magnet. Folks were coming by to speak to her or waving at her to come over all during our hourlong chat Tuesday at the Golden Thyme coffee shop on Selby Avenue in St. Paul. The soon-to-be-40-year-old mother of five, law professor, civil rights attorney and activist is also a magnet for controversy, depending on your stance.
As the most visible and outspoken member of the Black Lives Matter movement in the Twin Cities, she has led high-profile protests and demonstrations in the wake of the Nov. 15 shooting death of Jamar Clark during an encounter with two Minneapolis police officers. The officers reported that Clark, who was unarmed, was shot when he grabbed for an officer’s holstered weapon after he was taken to the ground. The shooting sparked 18 days of demonstrations outside the 4th police precinct police in North Minneapolis. During that period, police cars and other properties were damaged, and five protesters were shot and wounded, allegedly by suspects accused of being white supremacists. There’s an ongoing federal inquiry into allegations of police brutality during the protests as well as how the city handled it.
Cornish, chairman of the House Public Safety and Crime Prevention Policy and Finance Committee, laid out his advice in a letter to the editor published Wednesday by the Star Tribune.
Among the advice offered was: "Don’t be a thug and lead a life of crime so that you come into frequent contact with police." In another bullet point, he wrote "Don’t flap your jaws when the police arrive. Don’t disobey the requests of the police at the time. If you think you are wrongfully treated, make the complaint later."
He ended his letter by saying: "Here endeth the lesson. No charge."
Nekima Levy-Pounds, president of the Minneapolis NAACP, decried the letter, saying its use of the word "thug" was a coded reference to black men.
"I'm disgusted that one of our state legislators would feel comfortable writing a racially-charged op-ed that reinforces negative stereotypes about African-Americans," she said.
MINNEAPOLIS (WCCO) — The head of the Minneapolis NAACP is reacting strongly to a letter to the editor from a powerful Republican lawmaker.
State Representative Tony Cornish says he is only trying to defend police against unfair attacks, but his letter to the Star Tribune uses words that NAACP President Nekima Levy-Pounds calls “outrageous” and “racist.”
Utah man whose long drug sentence stirred controversy is released | Prof. Osler comments in The Washington Post
“After three and half years of inaction on Weldon’s clemency petition, he is free because of the fair and good action of a prosecutor,” attorney Mark W. Osler said. “He returns to citizenship because of the actions of one individual — just not the individual I was expecting. Weldon’s freedom is a wonderful thing but remains just one bright spot among many continuing tragedies.”
A White House spokeswoman said that the White House cannot respond with details about any individual clemency case.
Nekima Levy-Pounds, President of the Minneapolis chapter of the NAACP and a leading figure in the Black Lives Matter movement in the Twin Cities, has announced she's leaving her position as a law professor at the University of St. Thomas to further pursue her "calling as a freedom fighter and advocate for racial and social justice."
She made the announcement in a Facebook post Friday evening.
Levy-Pounds joined the St. Thomas law faculty in 2003 at the age of 27. There she founded the award-winning civil rights legal clinic Community Justice Project.
As she approaches 40, Levy-Pounds said she has reflected on the work she wants to do in Minnesota, and decided it's time to take her work "to a new level."
Nekima Levy-Pounds, head of the Minneapolis NAACP, has announced she's leaving her professorship at the University of St. Thomas law school to pursue full-time work as an advocate for racial and economic justice.
Her last day at St. Thomas, where she has taught for 13 years, will be July 31. She is the founding director of its Community Justice Project, a civil rights legal clinic. Students involved in the clinic successfully pushed the Minneapolis City Council to repeal ordinances banning lurking and spitting.
A prominent figure of the Black Lives Matter movement and head of the NAACP in Minneapolis is leaving her job at the University of St. Thomas Law School.
Nekima Levy-Pounds announced via her Facebook page that she’s leaving the school to pursue advocacy for racial and economic justice.
In a 2010 report, the U.S. Government Accountability Office (GAO) found hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. Guardians also stole $5.4 million in assets from their wards in that period, the GAO said. (The GAO is currently working on an updated report.)
As the boomer population moves into old age, the numbers of people affected by guardianship and conservatorship will rise “tremendously,” said Jennifer Wright, a professor at the University of St. Thomas School of Law in Minneapolis who directs the school’s Elder Law Practice Group.
“There are more of us who are going to enter the danger age,” she said.
More adults will be at risk of abuse as boomers enter 'the danger age.' Prof. Jennifer Wright, Director of the Elder Law Practice Group, speaks with Next Avenue.
Nekima Levy-Pounds, president of the Minneapolis NAACP, along with other community members are calling for the resignations of Minneapolis Park Board President Liz Wielinski and Minneapolis Park Superintendent Jayne Miller.
Prof. Osler, Director of Federal Commutations Clinic, writes for the Baltimore Sun along with Nkechi Taifa of the Open Society Foundations.
Clinton and Sanders should commit to clemency | The Baltimore Sun | May 19, 2016
Prof. Levy-Pounds comments in the Twin Cities Pioneer Press about the body camera bill.
Listen to Professor Mark Osler speak of Criminal Justice Reform and Clemency on the AM950 podcast.
Lack of resources, bureaucratic tangles have bogged down Obama’s clemency efforts | The Washington Post
Professor Osler comments in The Washington Post regarding his work with the Clemency Resource Center.
Professor Osler, Director of the Federal Commutations Clinic, is featured in an article in Fusion regarding the Obama Administration's Clemency policy.
This good-looking bunch are the students and supervisors of the of the federal inmate clemency clinic at the law school at the University of St. Thomas. The clinic was founded by Professor Mark Osler, the speaker at Drinking Liberally in Minneapolis on April 28th.
In May 1995, a group of nearly 200 religious leaders of multiple faiths issued a sharp statement calling for reversal of the U.S. Patent Office’s recent decision to issue patents on portions of the human genome and on several genetically engineered animals (most notably, a laboratory mouse especially susceptible to cancer). “[H]umans and animals are creations of God, not [of] humans,” the statement said, “and as such should not be patented as human inventions.
How a mother, attorney, and occasional rapper named Nekima Levy-Pounds became one of the most prominent and divisive civil rights leaders in the state.
Prof. Levy-Pounds Delivers Opening Keynote at Leading Courageously for Racial Equity Conference in Minnesota State University, Mankato.
Prof. Levy-Pounds will be delivering the opening keynote at Leading Courageously for Racial Equity Conference in Minnesota State University, Mankato. The speech will focus on re-imagining public education.
What One Religious Liberty Scholar Thinks Conservative Christians Have in Common with LGBT Activists | Prof. Thomas Berg on what both sides must to do move the polarized situation forward.
Less than a year after a Supreme Court verdict guaranteed same-sex marriage across the country, Christian conservatives and LGBT rights advocates remain at odds. The object of discontent: legislation that proponents say would guarantee the rights of people of faith to make hiring and employment decisions based on that faith, but which opponents claim would be used as a weapon to discriminate against LGBT people.
Christianity Today recognizes that Christians hold a broad array of perspectives on these issues and invited Thomas Berg, a religious liberty scholar, to share his thoughts on the bills’ cultural and legal context. Berg teaches at the University of St. Thomas School of Law in Minneapolis and has had his work cited by the Supreme Court.
The head of the Minneapolis NAACP [Prof. Levy-Pounds] on Monday called on authorities to reopen the Jamar Clark police shooting case and appoint a special prosecutor to lead the investigation.
The demand for a new probe came as the woman who was injured the night Clark was shot by police said she was not Clark's girlfriend, that he never hit her that night and that the prosecutor's narrative that justified Clark's shooting by Minneapolis police was fabricated.
April 1, 2016, IN my pocket is something ancient: a 1,700-year-old Roman coin. It bears three human images and the word “Clementia.” That was the name of the Roman goddess of mercy, who was often depicted standing beside (and holding the hand of) the Roman emperor. The message was clear: Mercy was a virtue not only of individuals but also of governments. The framers of the United States Constitution embraced that tradition when they preserved for the president one of the traditional powers of kings: the pardon power.
That ancient ideal needs to be put into action by President Obama. Despite commuting on Wednesday the sentences of 61 federal prisoners convicted of drug and firearm crimes — bringing his total number of commutations to 248, more than that of his six predecessors combined — he is far from accomplishing the ambitious goals his administration publicly set out two years ago.
Mark Osler, a University of St. Thomas law professor who was a former federal prosecutor in Detroit, said much of the evidence federal investigators are analyzing is likely to be similar to what was shared by Freeman on Wednesday.
“There’s a limited amount of video out there,” Osler said. “There’s a limited number of witnesses to have seen the events.”
But Heffelfinger said any federal criminal civil rights case must look well beyond what happened during the 61-second interaction between the officers and Clark.
University of St. Thomas School of Law Professor Mark Osler spoke at the White House on Thursday, March 31, to discuss and share ideas on President Barack Obama’s clemency initiative alongside other advocates, academics and Administration officials.
Minneapolis Officers in Jamar Clark Shooting Will Not Face Charges, The New York Times story on Jamar Clark case
After Mr. Clark’s shooting on Nov. 15, protests disrupted Minneapolis for weeks. Demonstrators occupied the area outside a police station, marched downtown and raised questions about racial disparities in Minnesota. The demonstrators sometimes clashed with officers, and one night, the police said, several men who were not part of the demonstration came and shot five people during a protest.
After Wednesday’s announcement, protesters gathered at the courthouse, exchanging hugs, crying and vowing to return to the streets.
Credit Javille Burns, via Associated Press
“An injustice has been done today,” said Nekima Levy-Pounds, the president of the Minneapolis chapter of the N.A.A.C.P. “I believe they lie to us. I believe they tamper with evidence.”
Prof. Nekima Levy-Pounds, Minneapolis NAACP President, speaks with the Pioneer Press in Minnesota’s move to use private prison space draws opposition
Minneapolis NAACP head Nekima Levy-Pounds and other testifiers who opposed the bill said it didn’t matter that the state would operate the facility — it was still doing business with a private prison vendor.
“Who we do business with is just as important as the business we do,” Levy-Pounds said. “Doing business with the CCA is like doing business with the devil, because their practices are diabolical.”
Levy-Pounds also added that it seemed strange that unemployment was being debated in “a small, white rural town with an 8 percent unemployment rate,” but not in poor, inner-city minority communities — where unemployment rates are much higher, and extreme economic disparities “are fueling our incarceration rate.”
Minnesota couple try to help a friend navigate the U.S. Immigration detention system, Prof. Wiebe comments in the Star Tribune
Prof. Wiebe, Director of the Immigration Law Practice Group, comments in the Star Tribune about private immigration detention centers.
Carmeann Foster '12, one of our MSW graduates, receives the 2016 Bush Fellowship!
Motivated by faith, defense attorney forgives sister's killer, Prof. Osler speaks to Fox 9 News about his conversation with Jeanne
A Conversation with a Former Prosecutor
While Jeanne, her family, and her friends, knew she had forgiven Biro, the killer himself had not heard from Jeanne. That would change following a conversation with Mark Osler, a former federal prosecutor, and a professor at the University of St. Thomas School of Law in Minneapolis.
“We were at dinner one night, and she was talking about David Biro, and one of the things that came up and she was struggling with how do you forgive someone who’s remorseless. I asked her, ‘how do you know that,’ because she’d never talked to him. She’d never said his name. And she said, ‘well, at trial, he denied everything.’ I said ‘that was when he was 16 years old, that was a long time ago.’ Two decades had passed since then. She had that moment of reflection,” Osler told Fox 9.
Listen to Dukassa Lemu, MSW'15, describe his experience completing Clinic Field Placement at the IPC
“Our community is in a great deal of pain as a result of the shooting of Jamar Clark at the hands of the Minneapolis Police Department,” Nekima Levy-Pounds, president of the NAACP Minneapolis, said in a statement. “It’s imperative that we demand accountability and transparency, which includes being able to gain access to the video footage of this tragic incident.”
The NAACP and the ACLU say the release of the tapes is required under the Minnesota Data Practices Act, adding that the state of Minnesota opened the door to releasing the tapes when they showed at least one to Gov. Mark Dayton.
The NAACP says a lack of trust in the system is why they are taking the fight to court.
“We have a high level of distrust for how the system functions, and part of that has to do with the fact the Bureau of Criminal Apprehension has a very poor track record – abysmal, in fact — of holding officers accountable for shooting civilians,” said Nekima Levy- Pounds, the president of the Minneapolis NAACP.
Prof. Osler speaks with NPR about the Obama Administration's Clemency Process, New Pardon Chief In Obama Justice Department Inherits A Huge Backlog
"These are not easy questions that are being addressed, and because of that it does take an investment of time and resources," said University of St. Thomas law professor Mark Osler. "It's not the person; it's the process, and this administration has to realize that."
Co-Director George Baboila tweets a photo with Prof. Wiebe as he celebrates the new UST branding with Tommie the Tomcat.
Read about the work of Nadia Hasan, UST Bankruptcy Litigation Clinic Adjunct Faculty, in Super Lawyers.
It’s a drizzly, gray afternoon in April, and barely any light is filtering into the conference room at Cozen O’Connor in downtown Minneapolis. But Nadia Hasan, talking about her pro bono work, is shining.
“The people who work at that organization, and do the hands-on work, they’re amazing,” she says. The organization in question is the Battered Women’s Legal Advocacy Project, which seeks legal solutions for domestic violence victims. As co-chair and board member, Hasan raises funds and visibility for the nonprofit.
Special Film Screening: Don't Tell Anyone (No Le Digas A Nadie), co-sponsored by the Interprofession
University of St. Thomas School of Law professor Mark Osler recently announced the opening of a unique initiative, a pro-bono, pop-up law office. The Clemency Resource Center (CRC) will be open for only one year and will exclusively prepare petitions for federal clemency.
Osler calls the new operation a “factory of justice” and has the goal of addressing at least 300 clemency cases. The pop-up is housed and co-founded by the Center on the Administration of Criminal Law at New York University School of Law.
New York University School of Law is launching a yearlong pro bono law office that will help federal prisoners seek clemency. Seven full-time attorneys—primarily recent law school graduates—will begin handling prisoners’ applications in August.
Dr. Artika Tyner, former Clinical Law Faculty with the Community Justice Project, is Named Interim Officer for Diversity and Inclusion
Dr. Artika Tyner, assistant professor of public policy and leadership in the College of Education, Leadership and Counseling, has been named interim officer for diversity and inclusion. Tyner will take up the work begun by Dr. Calvin Hill earlier this year while a search for a permanent vice president of diversity and inclusion is conducted.
Dr. Tyner writes of her work at the Interprofessional Center and the Public Policy Program in a feature for the American Bar Association, GIVING BACK: Training the Next Generation of Leaders.
Dr. Tyner writes of her work at the Interprofessional Center and the Public Policy Program in a feature for the American Bar Association, GIVING BACK: Training the Next Generation of Leaders.