***ANLUS heartily welcomes new members***

ANLUS heartily welcomes the following law practitioners and law students who have expressed their interest in becoming member:

Mr. Shamvu Kumar Karki, Boulder, CO (720)341-8019 (shamvuji@gmail.com). Mr. Karki completed LL.M in Human Rights and Gender Justice from Kathmandu School of Law (2007) with dissertation on Application of International Humanitarian Law in Nepalese Armed Conflict (Special Reference with Arbitrary Arrest and Detention, Disappearance and Killings). He has a Bachelor of Law (B.L.) from Prithvi Narayan Campus, Pokhara, Tribhuvan University (2002) and an Intermediate of Law (1998).  He has also attended seminars such as International Human Rights and Humanitarian Law,; Socio-economic Rights and Good Governance; 3rd South Asian Solidarity for Rivers Peoples Forum, and Fair trial & development skills of using international human rights law in domestic situation.He worked for Advocacy Forum, Water and Energy Users’ Federation Nepal (WAFED) and Education Sector Advisory Team (ESAT). He is interested in working in the field based work and give direct benefit those people who are living in grassroots level, Human rights, Child rights field and advocacy and challenging opportunity to combine with multidisciplinary skills of right based works, human rights.

Pralad Bhattarai (bpralad@yahoo.com) is an Attorney from Nepal. He is currently in NYC working as a Research Intern in Asian American Legal Defense and Education Fund (AALDEF) Manhattan, NYC. He completed Bachelor in Laws (Five-Year LLB) in International Human Rights Law, Public International Law and International Humanitarian Law from Kathmandu School of Law (KSL), Nepal in 2008. He has participated in various conferences including the Consultative Conference on International Criminal Justice, Harvard University; 2007 Phillip C Jessup International Law Moot Court Competition, arguing before the International Court of Justice in The Case Concerning the Rotian Union; Second South Asian Henry Dunant Memorial Moot Court Competition; adjudged the “Best Memorial” and awarded with the Gold Medal; presented the paper titled “Protection of the Rights of Victims in International Criminal Justice System: Redress Mechanisms” in The Edict Conference, on the “Criminal Justice Delivery System in the Age of Globalization”; participated in the Asian Youth Conference titled “Challenges and Opportunities for Youth of Asia” organized by Young Liberals and Democrats of Asia; participated in the “Youth Seminar: Towards a Free and Responsible Society” organized by Youth Initiative Nepal, and participated in the “Fourth Human Rights Summer School Course on Human Rights and Globalization”. He is currently a Research Intern at the Asian American Legal Defense and Education Fund (AALDEF), Manhattan NY City, USA and is currently engaged in language rights of immigrant students in California and Bilingual School Teachers Case in Massachusetts projects.  He has also worked for the Judges’ Society Nepal; edited a Journal named “Nyaya Chautari”; been a liaison person between my office and The International Legal Foundation; researcher and a Rapporteur in the development of “Women and Children (Victim/Witness) Protection Guidelines” a joint venture of Judges’ Society, Nepal and National Judicial Academy Nepal; worked as a researcher during internship placement in International Committee of the Red Cross (ICRC) Nepal to name a few. He has written a LLB dissertation on “Addressing impunity in Nepal, requiring ratification of the Rome Statute of International Criminal Court: Problems and Prospects” and published number of articles in Law School Journal namely on Human Rights, Constitutionalism, and Transitional Justice etc.

Advocate Kabita Pokhrel (730) 314-8738 (kabpokhrel@gmail.com)is currently pursuing MBA studies in International Business Management in the US. She has practiced law at Law and Society Counseling and Research Center in Kathmandu, Nepal. She has moderated 3 days workshop on Child Rights in different district, organized by Central Child Welfare Board; conducting ‘Market Analysis for the Expansion of Rugmark Program’, Nepal Rugmark Foundation; worked as a Legal Research Officer with UNICEF’s Global Study on Child Poverty and Disparities, as a consultant for project review of NaLAN’s Prisoners’ Legal Aid and Paralegal Service project ; conducted Series of Human Right Training in different Districts, Nepal Bar Association; facilitated 4 days workshop on Principle of Federalism, organized by ICJ Nepal; oriented medical professionals of Star Hospital Pvt Ltd on” Legal and ethical issues in hospital management”; conducted School awareness program on child right, trafficking child abuse in different District organized by World Mobilization; Legal Research Officer Freedom Forum; prepared   Child right, Human Trafficking, CEDAW based documentation for different organizations; translated and done Rapporting on Public Security Reform in Nepal organized by Nepal Bar Association in collaboration with Enabling State Program Nepal. She also worked as a Program Officer (Legal) for The Daywalka Foundation (TDF), an INGO working for the prevention of human Trafficking especially of Women and Children. She has also conducted various workshops and Trainings ion the field of law. In addition she has also assisted in compilation and editing of the book named “Collection of Supreme Courts Verdict on Human Trafficking” published by TDF, Nepal, as well as on research project ‘A Study on Male Trafficker Prisoners’ conducted by TDF, Nepal. She worked as a Part time Lecturer with Lord Buddha Education Foundation teaching Business Law, Entrepreneurship Development, and Human Resource Management for B.Com.,BBA and MBA. Likewise she worked as a Volunteer Legal Officer with Legal Aid and Consultancy Center (LACC) and as a Lecturer with Marryland Higher Secondary School. She has a Masters in Law from Nepal Law Campus (2008), Masters in Business Studies from Central Management Department (2006), Bachelor in Law from Nepal Law Campus (2004) and a Bachelor in Business Studies from National Campus for Business Studies (2001)

Advocate Ganesh Shrestha, Pennsylvania (571) 236-3910 completed his Intermediate and Bachelor in Law from Nepal Law Campus, Tribhuwan University and a LLM from Purwaanchal University, Kathmandu School of Law (Criminal law and Justice). He has been in the legal profession since 1999. His expertise is in Criminal law and Forensic Science.

Advocate Basundhara Thapa Magar (UK) has been in legal practice in Nepal for almost 12 years. She has a LLM degree in Criminal Law from Kathmandu School of Law (2008) and is currently in the United Kingdom.

Advocate Bidur Dhungana is also currently in the US since July 2009.

Advocate Biswo Jit Khadka, Washington DC, completed Bachelor of Laws (LL.B) from Purbanchal University, Kathmandu School of Law (2009). He has conducted a one month research on ‘role of electronic media (on Televisions) in strengthening democracy and peace process in Nepal”; research on ‘Socio-economic, political situation and rights of marginalized communities’ in Far Eastern part (Ilam, Jhapa, Udaypur districts); ‘Advocacy and awareness program for active participation in Constituent assembly election’ for marginalized community in western Nepal (Banke and Bardia); observer in Constituent Assembly election for Bhaktapur district through election commission Nepal; conducted research on ‘crime trends and ratio in Kathmandu valley, after 2005/2006 people’s movement in Nepal’; supervised LL.B. students for research on ‘crime trends in Kathmandu valley and interned and researched in “Clinical legal education program” at Kathmandu School of Law under the USAID project. He is also a member of world society of victimology, an active member of Law Student society, Kathmandu school of Law, ‘Student Lawyer’ on Clinical legal education program at Kathmandu School of law on support of USAID; general member of International law student Association (ILSA) and  American Society of International Law (ASIL).

Advocate Dhani Ram Sapkota (201) 779-6394 is currently in Jersey City, NJ. He completed his LL.M. from Nepal Law Campus in 2001 and a Masters of Arts in Human Rights from Bangkok in 2008.

Ms. Amrita Chiluwal, Franklin Pierce Law Center, J.D. 2011, is a Nepali law student in the US looking to network with other Nepali lawyers.

Ms. Shrishti Kharel, undergrad South Dakota State University, Brookings, SD will be joining Law school for JD in 2010. She wants to network with Nepali Women Attorneys and Law Students in the US.

James Ugbogu is a young Nigerian Lawyer based in Nigeria, interested in becoming a member of ANLUS.

Melissa Upreti, Senior Regional Manager and Legal Adviser for Asia

Melissa Upreti is Senior Regional Manager and Legal Adviser for Asia in the International Legal Program. She is coordinator and main editor of two of the Center’s signature publications, Women of the World, South Asia, and Women of the World, East and Southeast Asia. She led a fact-finding mission to investigate women imprisoned for abortion in Nepal and is coauthor of Abortion in Nepal: Women Imprisoned. She has designed and conducted human rights trainings in India, Nepal, and the Philippines and is involved in reproductive rights litigation projects in those countries. More recently, she was instrumental in securing the constitutional recognition of reproductive rights in Nepal and has been involved in efforts to promote the use of the Optional Protocol to CEDAW in the region. Prior to joining the Center in 2000, she was a Program Officer at the Asia Foundation in Nepal. She has a LLB from India and received her Master of Laws from the Columbia University School of Law, where she was a Stone Scholar.

Britain Nepal Lawyers Association 1st Meeting

Britain Nepal Lawyers Association 1st Meeting was recently held in UK under the coordination of Prof. Surya Subedi.

Britain Nepal Lawyers Association 1st meeting was held 0n 4th January 2009 at Darjeeling Inn Restaurat, Southhall United Kingdom. 21 Nepalese Lawyers including Prof. Dr. Surya Subedi attended the meeting. The 1st meeting was mainly focused on choosing name, making preamble and membership development of the organization. Next meeting will be held on April 26, 2009.

Reported by: Advocate Nabin Poudel, LLM – ( International Criminal Law (University of Sussex 2007)

ANLUS welcomes Advocate Rabin Subedi

ANLUS welcomes Advocate Rabin Subedi in the United States.

Advocate Rabin Subedi is in the US in Columbia University as a Visiting Scholar. He is also a part of LLM student in a full scholarship offered by Public Interest Law Institute. He will be in Columbia University for four months and three months for internship at an organization assigned by Public Interest Law Institute. After 8 months in the US, Advocate Subedi is scheduled to go to Hungary for two months in the human rights field.

Advocate Subedi, a leading young human rights defender in Nepal, completed his LLM from Tribhuwan University in 2002.

ANLUS welcomes Advocate Yadav Dulal

Advocate Yadav Dulal in pursuing Orientation in USA Law Program at University of California-Davis. The program.

The 2008 Orientation in U.S.A. Law program marks the 19th anniversary of this successful international summer law program. Lawyers, judges, prosecutors and defenders, notaries, law professors, pre-LL.M. students and business professionals attend this program to gain a better understanding of the theories and practices of the U.S. legal system. Participants engage in more than 170 hours of classes, seminars and on-site observations. Many participants begin with the Orientation in U.S.A. Law program and then continue with the specialized programs in Financing International Transactions (offered in 2008), Structuring an International Joint Venture (offered in 2009) and The Global Trading System (offered in 2010). However, the Orientation in U.S.A. Law is not a prerequisite for any of the three specialized programs. All participants attend core classes three hours daily on such topics as: U.S. legal system, torts, intellectual/real property, taxation, dispute resolution, remedies, business structures and contracts, civil procedures, Antitrust regulations, labor relations/environmental law, ethics, legal research, negotiation, arbitration, mediation, e-commerce. Participants choose afternoon or evening elective seminars three hours daily that are related to their areas of specialization. General topics are: business and trade, law school preparation for pre-LL.M. students, U.S. criminal justice system, judicial management, on-site visits and observations. The Orientation in U.S.A. Law program draws law school faculty from the University of California at Davis and includes outstanding legal practitioners and business experts representing major California firms that perform international legal work. All participants will receive a certificate of attendance if they attend class regularly. Academic credit from any of these programs may be applied toward the part-time summer International Commercial Law LL.M. and/or the Licentiate in International Transactions Involving the United States.

ANLUS welcomes Advocate Sudip Dwivedi

Advocate Sudeep Dwivedi has a Master’s degree in Accounting and a bachelor’s degree in Law with 9 years of work experience in service business (Law Firm). Dwivedi is currently pursuing M.B.A. at Maharishi University of Management, Fairfield, Iowa. He has Master’s In Sociology and Anthropology, Nepal,(2007), Bachelor of Law (LL.B), Nepal (2004), Master’s Degree In Business Studies, Nepal (2003) and a Bachelor’s Degree In Business Studies, Nepal, (2001). As an advocate he was working with Legal Research Associates in Nepal. He has extensive working knowledge in accounting field as well. Dwivedi is a member is Nepal Bar Council (NBA), Appellate Court Bar Association Patan Nepal, and Nepal Human Rights Organization of Nepal (HURON).

New Member : Debbie Satyal (JD)

Debbie Satyal recently graduated with a JD from Boston College Law School in May 2008. Satyal also has a Master of Arts in Political Science from Florida Atlantic University (2005) and a Bachelor of Science in Public Relations and Political Science from University of Florida (2004). Satyal is a Law School Alumni Association Scholar, Recipient of William O’Keefe Award and University “Committed to Change” Award, participant of the National Mock Trial Team, President of South Asian Law Student Association, the Chair of Law Student Association Diversity Committee, President of Zeta Phi Beta Sorority, Founder of the Nepali Student Association and a proud Recipient of the Political Science Outstanding Achievement Award.

Satyal has worked with JM Family Enterprises, Inc. as a Law Clerk to Vice-President and General Counsel (2007) in the field of intellectual property trade matters; with Roselli & Vasudeva, LLP/Boston College Law School Immigration Clinic (2006) interviewing and preparing asylum trials; with Boston College Immigration and Asylum Project (2006) litigating deportation trial in Immigration Court, drafting direct examination and expert testimony questions and conducting screening interviews for potential immigration clients and assessing relief options. Satyal was also a Teaching Assistant for American Government and International Relations at Florida Atlantic University, Political Science Department (2004-2005). Satyal is multilingual in English, Spanish and Nepali. Satyal appeared for the New York State bar in July 2008 and currently awaiting her results.

Satyal’s publication: Alexander Ndaula & Debbie Satyal, Rafiu’s Story, in Keeping Out the Other: A Critical Introduction to Immigration Enforcement Today (Philip Kretsedemas & David C. Brotherton eds. Columbia University Press, April 2008).

ANLUS welcomes Advocate Reshma Thapa (LLM Full Scholarship Recipient – University of Notre Dame)

ANLUS welcomes Advocate Reshma Thapa in the US. She is here on a full scholarship program for LLM studies at University of Notre Dame.

Ms. Thapa has been working as a human rights defender with leading international non profit organizations in Nepal for the past 8 years. Her portfolio includes Human Rights House, International Commission of Jurists, LAWYERS, LANCAU, HUREP to name a few.

Ms. Thapa is considered as one of the leading young lawyers in Nepal in the field of governance and democracy, humanitarian affairs, minority rights, women rights and constituent assembly elections.

She can be reached at reshmathapa@gmail.com .

Senior advocate title for 25 lawyers

Kantipur Report

KATHMANDU, Aug 4 – The Supreme Court (SC) on Sunday decided to award 25 lawyers with the title of senior advocate. However, not a single woman made it to the list of new senior advocates this time. A meeting of the Full Court, the highest policy-making body of the judiciary, took the decision to confer the honorary title to prominent  lawyers as per the recommendation of a committee headed by Justice Anup Raj Sharma, said SC spokesperson Til Prasad Shrestha.

Some prominent names to be honored with the title included Attorney General Yagya Murti Banjade, former Attorney General Badri Bahadur Karki, former member of parliament Harihar Dahal, Bharat Raj Upreti, Prakash Wosti, Kamal Narayan Das and former Supreme Court Justice Pawan Kumar Ojha.

Other names included Bishnu Prasad Nepali, Amar Bahadur Pande, Narayan Prasad Khatri, Narayan Prasad Yadav, Madan Bahadur Thapa, Arjun Prasad Lamsal, Netra Bahadur Nepal, Kousal Kishor Dwibedi, Gauribar Prasad Agrawal, Yogendra Kumar Sharma, Devendra Singh, Laxman Lal Karna and Narayan Ballav Pant. Likewise, other new senior advocates to be honored are Padma Nath Sharma, Binod Kumar Sharma, Lila Prasad Sapkota and Ram Prasad Sitoula.

The Supreme Court decided to confer the tile on the basis of seniority, contribution to society and the judicial system and high morality, said Justice Sharma.

The committee comprising Sharma, Justices Bal Ram KC and Tahir Ali Ansari recommended the names after over a year long study. The court had conferred the tile to 15 lawyers, including a woman three years ago.

When asked why a single woman lawyer did not qualify for the title this time, Justice Sharma said, “We tried our best but it was very difficult to ignore the seniority system.”

U.S. States Review Licenses for Foreign Attorneys

Temporary practice and ‘legal consultant’ status may be expanded

Vesna Jaksic
The National Law Journal
June 11, 2007

Printer-friendly Email this Article Reprints & Permissions

Two cases involving foreign attorneys’ rights to sit for the bar exam recently reached Massachusetts’ highest court, the latest sign that states are wrestling with the issue of when attorneys from other countries should be allowed to practice in the United States.

Nine states are reviewing whether to allow the licensing of “foreign legal consultants.” Also, 21 states — including California, New York and Illinois — are considering the possibility of permitting foreign lawyers to practice temporarily.

The number of foreign-educated lawyers sitting for the bar exam nationwide has increased by 28 percent since 2000, to 3,571 in 2005, according to the National Conference of Bar Examiners (NCBE).

States have varying rules about when foreign lawyers can sit for the bar. New York has the most liberal policy and regularly allows lawyers admitted in other countries to take the bar. Out of 3,571 foreign-educated lawyers who took the bar exam in the United States in 2005, New York accounted for all but 234 of them, according to the NCBE.

By contrast, Florida requires a law degree from an American school or at least 10 years of experience in a U.S. jurisdiction. No lawyers educated outside the United States sat for the Florida bar in 2005, the last year for which data were available from the NCBE.

NEED FOR GUIDELINES

In Massachusetts, foreign-educated lawyers may take the exam if they are able to demonstrate their legal education was comparable to that of an accredited U.S. law school, which is often decided on a case-by-case basis. Two recent cases against the Massachusetts Board of Bar Examiners, which sets such rules, reached the state’s top court.

In December, the Massachusetts Supreme Judicial Court ruled in favor of Gregory C. Osakwe, allowing the Nigerian-born lawyer to sit for the bar exam. Osakwe v. Board of Bar Examiners, No. 09642 (Mass.).

Osakwe successfully argued that a law degree from Nigeria, a master of laws from Connecticut and experience practicing in Connecticut and New York should allow him to sit for the bar, which the Massachusetts Board of Bar Examiners denied in 2004.

But in April, the board said a Ghanaian lawyer, Mathias Kwasi Yakah, who has a law degree from Ghana and a master of laws from a Boston law school, needs to supply more information, as he failed to include descriptions of courses he took in Ghana. Yakah v. Board of Bar Examiners, No. 09700 (Mass.).

In a concurring opinion, Justice Robert J. Cordy said that instead of case-by-case court opinions, it may be better for the board to implement “a well-considered and evenly applied set of guidelines.”

Elaine Vietri, executive director of the Massachusetts Board of Bar Examiners, said through an assistant that the board will not comment.

Darren Braham, who co-chairs the Foreign Lawyers Committee of the International Law Section at the Boston Bar Association, said it can’t hurt to have more structured guidelines.

“People have had different results with similar education,” said Braham, whose committee was formed about five years ago to provide professional-development opportunities for foreign lawyers.

Braham, who has a law degree from England, moved to Massachusetts two years ago and works as a legal clerk in Boston. He said he plans to take the bar exam in July next year.

Twenty-six states license foreign legal consultants, who are attorneys from other countries permitted to practice in a limited matter, such as only being allowed to advise on their home country’s laws, instead of U.S. state or federal laws.

Nine states are considering adopting such licenses, said Carole Silver, a senior lecturer at Northwestern University School of Law in Chicago, who is vice chairwoman of the Transnational Legal Practice Committee at the American Bar Association’s Section of International Law. Those are: Arkansas, Delaware, Iowa, Montana, New Hampshire, North Dakota, South Carolina, South Dakota and Virginia.

All of those nine states, except New Hampshire, are also considering adopting rules that would allow foreign lawyers to practice temporarily. New Hampshire adopted such a rule in January. Thirteen additional states are reviewing their temporary practice rules, including Michigan, Oregon and Utah.

Subscribe to The National Law Journal