Clinical Law Prof Blog

May 2009 CLEA Newsletter

The May 2009 Clinical Legal Education Association Newsletter is available online. -jl 

Introduction to U.S. Tax Court Video Now Available Online

A training video produced by the United States Tax Court is now available for viewing online. The video is an excellent resource for pro se petitioners, as well as tax clinic students. Copies of the DVD may also be ordered directly from the Tax Court.  Chief Special Trial Judge Peter J. Panuthos has stated "the video production was intended to explain to petitioners, through discussion and vignettes, how to file a petition, calendar calls, and the trial of an S case." (242 DTR K-1, 12/17/08) The video chapter list follows:

Welcome & Overview

Part One: Understanding the Process

Part Two: Introduction to the United States Tax Court

Part Three: Filing the Petition

Part Four: Pretrial Matters

Part Five: Calendar Call and Trial

Part Six: Post Trial Proceedings

Part Seven: Conclusion and Review

-jl

BENEFIT CONCERT FOR JUVENILE LAW CENTER

A benefit concert will be held on Monday, June 15, 2009, 7:30 p.m. at Carnegie Hall. Tickets are on sale now at the Carnegie Hall Box Office. Performers (to date) include: Alan Alda; David Amram; Beyond the Pale; Artie Butler; Patricia Conolly; Arlo Guthrie; Judy Kaye; David Krakauer; Serendipity 4:Theodore Bikel, Tamara Brooks, Merina Kljuco, Shura Lipovsky; Hankus Netsky, Tom Paxton; Noel Paul Stookey & Peter Yarrow; Susan Werner; Michael Wex 

Honorary Committee Co Chairs: Barbara Cook; Frank Langella; Pete Seeger; John C. Whitehead; Elie Wiesel.   

All proceeds will support the Juvenile Law Center, a national 501(c)(3) charitable public interest law firm that advocates for youth in the child welfare (foster care) and juvenile justice systems. Juvenile Law Center has recently been featured by ABC News 20/20, The New York Times, and People Magazine for representing youth in the Luzerne County, PA “kids for cash” judges scandal, a juvenile court corruption case being addressed as one of the most egregious violations of children’s rights in U.S. legal history.

-jl

Washington-St. Louis: Peter Joy Named New Vice Dean

Dean Kent Syverud has announced several law school administrative changes for 2009-10:

On January 1, 2010, Peter Joy, professor of law and former director of the Trial and Advocacy Program, will become the new Vice Dean. Joy has been a leader nationally in addressing curriculum development in legal education, including serving as a member of the Accreditation Committee of the ABA’s Section on Legal Education and Admissions to the Bar, former Chair of the Clinical Section of the Association of American Law Schools, and past President of the Clinical Legal Education Association (CLEA). Joy also has served as director of the law school’s Criminal Justice Clinic and is well known for his teaching and scholarship in clinical legal education, legal ethics, and trial practice.

“Peter is extraordinarily well positioned by accomplishments, training, talent, and temperament to help lead our school through the challenges ahead,” Syverud said. “In light of dramatic current changes in the practice of law, his background in curriculum development will be a major asset as we focus on this area in the coming year.” 

-jl

Cunningham-Parmeter: Redefining the Rights of Undocumented Workers

Keith Cunningham-Parmeter (Willamette) has just posted Redefining the Rights of Undocumented Workers, American University Law Review, Forthcoming. Here is the abstract: 

Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment protections for unauthorized immigrants beyond the unionized sector. For example, some courts now question whether unauthorized immigrants can receive full remedies for sexual harassment, workplace discrimination, or on-the-job injuries. 

Scholars have criticized these losses but have yet to formulate a coherent framework for evaluating the employment rights of unauthorized immigrants. This article does so by distilling and applying several core principles at issue when employment laws conflict with immigration laws. I begin by explaining how the text and purpose of selected immigration and employment statutes show that Congress never intended to restrict unauthorized immigrants’ employment rights. Remedial restrictions not only harm the workplace protections at issue, they fail to discourage illegal immigration. Thus, neither legislative intent nor national immigration goals justify limiting the workplace remedies available to unauthorized immigrants. 

Although the future rights of unauthorized workers will turn partly on the issues of statutory purpose and immigration policy discussed in the early sections of the article, equally important are the consequences of diminished rights. Accordingly, I conclude the article by explaining why restricting workplace protections based on status harms citizens as well as immigrants. I contend that employment protections are “rights of partial inclusion” that reflect a distinctive sphere - the workplace - where unauthorized immigrants should be placed on par with citizens in pursuing collective interests. In contrast to arguments that favor limiting resources to lawful residents, partial inclusion explains how employment protections can effectively preserve national identity while simultaneously enhancing unauthorized immigrants’ incentives for social investment. In doing so, partial inclusion furthers the community’s self-definition, while providing unauthorized immigrants with a sense of belonging in a world increasingly focused on their exclusion. -jl

Northwestern Law - Empirical Legal Scholarship Workshop

The upcoming Conducting Empirical Legal Scholarship Workshop presented by Northwestern University School of Law and Washington University School of Law, will take place May 20-22, 2009, at Northwestern University School of Law in Chicago. The workshop is for law school faculty interested in learning about empirical research.  Leading empirical scholars, Lee Epstein, and Andrew D. Martin will teach the workshop, which provides the formal training necessary to design, conduct, and assess empirical studies, and to use statistical software (Stata) to analyze and manage data. Participants need no background or knowledge of statistics to enroll in the workshop.  Click here for more detailed information including the schedule.  Payment is available via check or credit card.  Note: The registration deadline has been extended to May 13, 2009.  -jl

Visiting Clinical Faculty Position (2 years) in BostonCollege Immigration Clinic

Job Announcement:

Visiting Assistant Professor, Immigration Clinic

 Boston College Law School seeks a Visiting Assistant Professor to teach in the Immigration Clinic and Advanced Immigration Clinic for a two-year position.  The Visiting Assistant Professor will work as a supervising attorney in the Boston College Law School Immigration and Asylum Project and will teach the Immigration Clinic, Advanced Immigration Clinic and possibly an Advanced Immigration Law Seminar.  The position has a preferred start date of July 1, 2009. 

Principal Responsibilities: 

• Supervise students in the Boston College Law School Immigration Clinic in various types of immigration matters, including direct representation of non-citizens in removal proceedings (detained and non-detained) with various applications for relief;
• Teach client counseling, ethics and litigation skills during regular weekly meetings of the Immigration Clinic and Advanced Immigration Clinic;
• Co-teach an Advanced Immigration Law Seminar;
• Conduct “Know Your Rights” presentations for non-citizens detained by Immigration and Customs Enforcement in Massachusetts with clinic students;
• Conduct intake interviews and screen cases for representation by the Immigration Clinic and Advanced Immigration Clinic;
• Work together with Professor Daniel Kanstroom and other faculty on various projects of the Boston College Law School Human Rights program, including the Immigration Spring Break Trips and legal and policy initiatives of our Immigration and Asylum Project;
• Participate in litigation, advocacy, attorney training, and consultations about detention and deportation issues.

 

Qualifications and Skills:

• J.D. or LL.M. from accredited law school, admission to a state bar and 3-5 years of experience representing noncitizens in immigration matters; preferably with significant experience in removal or detention work;
• Interest and ability in teaching and mentoring students;
• Excellent research, writing, and interpersonal skills;
• Strong organizational abilities and ability to “multi-task”;
• Proficiency in Spanish and/or Portuguese preferred.

 

Salary: Commensurate with experience, within the range of law school visitorships.  This is a full-time position, with benefits.

 

Application: Please submit cover letter, writing sample, resumé, and names of two references by April 24, 2009 to Daniel Maltzman,

Boston College Law School
885 Centre Street
Newton, MA  02459

 

Boston College is an Affirmative Action/Equal Opportunity Employer.

Do you reveal personal information about yourself, and/or teachself-disclosure, as a lawyering technique?

Professor Vanessa Merton

Hi, colleagues –

At the end of this message is the description of a concurrent session that 

Janet Calvo

of CUNY and I will co-facilitate at this year’s AALS Clinical Legal Education Section Conference.

As we prepare, we would be very grateful to have the benefit of as much of your insight as you can spare.   Responses should probably come just to us unless for some reason it makes sense to post to the list instead.

What we’d like to know are your thoughts about this small, but significant, question (posed more simply here, more fully below):  is it good practice for a lawyer to inform a client when the lawyer shares certain characteristics or experiences with the client?  If the answer is sometimes yes, sometimes no, how do we decide which, when?  What about if a client is curious and inquires about whether the lawyer is, e.g., an immigrant, a Christian, an alcoholic, or lesbian?  How does it affect the dynamics within a student team if a team member shares, or does not share, personal information with a client?   Does it matter whether the client is interested in characteristics or experiences that are in fact like the client’s – “have you, Ms. Lawyer, ever been fired?  Beaten up?  In a hospice?” -- or that merely seem pertinent to the client, but to the lawyer feel quite personal and private?

Second, what if anything do we teach our student attorneys about this issue?   Do we routinely address this topic when preparing to work with clients? 

Here are some specific questions we would love your feedback on – and understand that you may not have time to answer more than one or two:

1.  Have you ever deliberately disclosed personal information about your experience or characteristics to a client?  If so, for what reason or purpose? Did it “work” as a technique?
2.  Have you ever tried to avoid self-disclosure to a client?  If so, did the client figure it out anyway?   What happened then?
3. Give an example of a type of personal experience or attribute that you think could be good to share with a client.
4.  Have you ever raised the issue of appropriate or inappropriate self-disclosure with your student attorneys?  In seminar, simulation, or supervision?     
5. Have you and/or student attorneys deliberately planned some self-disclosure?
6. Have you ever observed unplanned self-disclosure by a student attorney that concerned you?   What did you do?   
7. Do you think that you as supervising attorney can and should engage in judicious self-disclosure to clients, but encourage student attorneys to refrain from it?  What is your rationale for this distinction?   
8. Do you engage in analogous deliberate self-disclosure about certain aspects of your own background or situation with your students?   Give a couple of examples of personal characteristics or experiences you have chosen to share with students.

___ 

Also, Janet and I are in the process of compiling some written materials on the topic, including some from other professions, and would greatly appreciate any suggestions.

 Thanks, Vanessa

Title:  “When Is the Personal, Professional?”

Co-facilitators:

Professor Janet Calvo, City  University  of New York School  of Law
Professor Vanessa Merton, Pace University  School  of Law

Brief Description:

In this concurrent session, the specific problem we examine is how student attorneys [SAs] should and do handle potential identification with the predicament of a client (or, perhaps, a witness, adversary, juror, or judge – but in our limited time, we will focus on clients), e.g., when an immigrant SA represents immigrants; when an SA representing domestic violence survivors was herself a DV survivor; or an SA who has been fired has a client claiming wrongful discharge?  When does drawing upon or revealing personal experience become a vehicle for empathy and passionate advocacy, and when does it endanger rational decision-making and lead to fallacious presumption?  Might it seem artificial or distancing not to disclose that an SA shares certain key attributes or experiences with the client, such as when the SA’s immigrant origin is "obvious" and the client is likely to recognize and wonder about how the SA’s immigrant status/experience may affect the representation?  Then again, what if ethnicity or accent suggests to the client that the SA is an immigrant when that is not the case?  In determining the appropriate range of self-disclosure, does it matter how “personal” the information is, i.e., age? sexual orientation? political opinion? disability? level of prior lawyering experience or expertise? HIV+ status? bipolar disorder?  Is it different if the supervising professor shares certain characteristics or experiences with the client?  There is a rich literature about secondary trauma and self-disclosure in the medical, social work, and psychiatric literature, so we will look to other professions for their insights.

We also want to explore how these issues may affect case assignments and the dynamics within case teams.  What if one team member is perceived, accurately or not, as having “instant rapport” because of a personal attribute or experience shared with the client?  Or, on the contrary, is personal congruence with a client’s position, or a strong emotional reaction to a client’s particular suffering, a reason not to assign an SA to that client’s case?  Should information about an SA’s similarities with a client be shared within the case team, even if not with the client?  Should SAs be encouraged to express their emotional response to a client’s situation, again at least to the rest of the case team, if not to the client? 

We will try to engage the work-group in formulating ideas and techniques for engaging and working with students on the complexities of this tricky topic.  Perhaps if we cannot determine when the personal ought to be professional, we can at least decide when it should not.      

 Professor Vanessa Merton
Faculty Supervisor, Immigration Justice Clinic

John Jay Legal Services, Inc.
Pace University School  of Law 
80 North Broadway 

White Plains NY 10603

914 422 4333 (office) 
914 422 4391 (fax) 
800 836 7223 (free call)
vmerton@law.pace.edu

Washington University School of Law Clinical Education Program, Alternative Dispute Resolution Program, and Journal of Law and Policy to host scholarship roundtable and publish volume dedicated to New Directions in Clinical Theory, Teaching, and Practice - and

New Directions in ADR Theory, Teaching, and Practice

  The Washington University Journal of Law and Policy is a highly regarded law journal that, over the past decade, has published articles by a number of top dispute resolution and clinical legal educators and practitioners, including Jane Aiken, Jim Anaya, Margaret Martin Barry, Frank Block, Brenda Bratton Blum, Juliet Brodie, Susan Brooks, Luke Cole, Kim Connolly, Nancy Cook, Ken Feinberg, Lynda Frost, Maureen Hackett, Carol Harding, Carolyn Copps Hartley, Martin Geer, Toby Golick, Danny Greenberg, Maureen Hackett, Bill Ong Hing, Emily Hughes, Eric James, Mike Jenuwine, Susan Jones, Catherine Klein, Ved Kumari, Peter Joy , Ann Juergens, Jean Koh Peters, Kate Kruse, Bob Kuehn, Janet Lessem, Antoinette Sedillo Lopez, Mary Medcalf, Angela McCaffrey, Charles Ogletree, Michael Perlin, Carrie Petrucci, Bill Quigley, Asha Ramgobin, Spencer Rand, Dina Schlossberg, Abbe Smith, Nina Tarr, Tony Thompson, Karen Tokarz, Rose Voyvodic, Anita Weinberg, and Steve Wizner.

 In fall 2007, the Washington University School of Law Clinical Education Program sponsored a very successful scholarship roundtable on New Directions in Clinical Theory, Teaching, and Practice. Papers from that roundtable were published in fall 2008 in volume 28 of the Journal of Law and Policy. You can access this outstanding volume at http://law.wustl.edu/Journal/index.asp?ID=6826  

 In fall 2009, the Clinical Education Program will collaborate with the law school’s Alternative Dispute Resolution Program to host a follow-up scholarship roundtable on New Directions in Clinical Theory, Teaching, and Practice - and New Directions in ADR Theory, Teaching, and Practice.  At the roundtable, we will have presentation of drafts and discussion among the ten selected ADR and clinical faculty and practitioners, and several local commentators.  We anticipate that approximately five of the articles will focus on ADR and five on clinical education – or a combination thereof.  The Journal of Law and Policy will publish the papers from that roundtable in volume 34, scheduled to be published in fall 2010. The goal of this volume is to highlight and advance scholarship about innovative, interdisciplinary, and international ADR and clinical theory, practice, and teaching. 

 If you would like to participate in the roundtable and publish in this volume, we invite you to submit a minimum one page abstract to the Journal no later than May 15, 2009 to Megan Kokontis, Managing Editor, at mmkokontis@wulaw.wustl.edu with carbons to Annette Appell, Associate Dean for Clinical Affairs, at arappell@wulaw.wustl.edu, and Karen Tokarz, Director, Alternative Dispute Resolution Program, at tokarz@wulaw.wustl.edu. Beginning and experienced dispute resolution and clinical faculty are encouraged to submit abstracts. Selected authors will be notified by June 1 and will be required to submit first drafts of their articles by October 1, 2009 and final drafts by February 1, 2010. Authors will be expected to present their papers at the scholarship roundtable, scheduled for Thursday afternoon and Friday, November 12-13, 2009.  The volume will go to press in summer 2009. 

We look forward to hearing from you.

Karen Tokarz

Charles Nagel Professor of Public Interest Law and Public Service

Director, Alternative Dispute Resolution Program

Washington University School  of Law
One Brookings Drive
Saint Louis, MO  63130  USA 
Office: 314.935.6414, Cell: 314.422.0354
AY 2008-09: Visiting Scholar, Harvard Law School  Program on Negotiation

Professor Ron Whitener to Receive the 2009 M. ShanaraGilbert Award!

From Carol M. Suzuki, Associate Professor of Law, University of New Mexico School of Law

The Executive Committee of the AALS Section on Clinical Legal Education is proud to announce that Professor Ron Whitener from University of Washington has won this year’s M. Shanara Gilbert “Emerging Clinician” Award.  Professor Whitener is Assistant Professor of Law and the Director of the Tribal Court Criminal Defense Clinic at University of Washington School of Law, where he has been teaching in the clinical program since 1999. 

 

Through the Tribal Court Criminal Defense Clinic, Ron Whitener has made access to justice a reality for countless clients and has helped to train a new generation of advocates for American Indians.  For many American Indians, the Tribal Court Criminal Defense Clinic is the only source of representation for those facing criminal charges because tribal courts are not required by law to provide legal representation.  Professor Whitener saw this pressing need, started this clinic, and has helped to expand its reach through fundraising.  In addition, Professor Whitener has helped to build the clinical program at University of Washington and has been a resource to other clinical programs.  Professor Whitener also is an engaged scholar, authoring or co-authoring three journal articles focused on legal and health issues affecting American Indians.

 

Professor Whitener is actively involved in American Indian legal issues.  He began his career as Legal Counsel to the Squaxin Island Tribe, of which he is a member, and he has done lay advocate and other legal training for nearly a dozen other tribes in addition to direct representation of clients.  He frequently speaks about treaty rights, tribal jurisdiction, and other legal issues affecting American Indians.  He has also promoted international clinical legal education efforts through his collaboration with the Afghan Legal Educators Program, a program of the Asian Law Center at the University of Washington.  Afghan law faculty participating in that program visited tribal courts and attended meetings with faculty and students in the Tribal Court Public Defense Clinic.

 The M. Shanara Gilbert Award will be presented at the Conference on Clinical Legal Education at a special ceremony on Friday, May 8, at 9:00 a.m., in Cleveland, Ohio.  The Award is for a recent entrant into clinical legal education who has demonstrated all or some of the following qualities:

 1) a commitment to teaching and achieving social justice, particularly in the areas of race and the criminal justice system;

 2) an interest in international clinical legal education;

 3) a passion for providing legal services and access to justice to individuals and groups most in need;

 4) service to the cause of clinical legal education or to the AALS Section on Clinical Legal Education; and

 5) an interest in the beauty of nature.

 This year, as in past years, the Section’s Awards Committee had a very difficult task, choosing among many incredible and superb nominees.  The Executive Committee would like to thank the Awards Committee for its work in the selection process: Gordon Beggs (Cleveland State); Deborah Epstein (Georgetown); Miye Goishi (UC-Hastings); Zelda Harris, Acting Chair for this Award selection (Arizona); and Peter Joy, Chair (Washington University) (please note that Peter Joy did not participate in the deliberations or selection for this Award due to a conflict of interest).

 

We look forward to seeing you in Cleveland and honoring Professor Whitener for his creativity in addressing a pressing legal need for an underserved community and his outstanding contributions to clinical legal education.

Save the Date Announcement: National Symposium on the Convention on the Rights of the Child

This came across the lawclinic list serv.

 

Join Us for the 2009 National Symposium on the Convention on the Rights of the Child (CRC)

The Campaign for U.S. Ratification of the Convention on the Rights of the Child and the Georgetown Juvenile Justice Clinic are pleased to announce that our National Symposium will be held from June 1-2, 2009 in Washington, DC at the Georgetown University Law Center.

 

The Convention on the Rights of the Child: Why It is Time to Ratify

The focus of the 2009 Symposium, The Convention on the Rights of the Child: Why It is Time to Ratify, is to look at the Convention through the lens of its impact on U.S. children.  To facilitate a better understanding of the CRC?s applicability, we have organized six interactive panel discussions that will explore the Convention in the context of the following topics:

 

·         Education

·         Health

·         Needs, Rights, and the Human Family

·         Participation

·         Special Protection Measures

·         Supportive Environments for Children

 

The Symposium will bring together a multi-disciplinary group of experts representing the fields of child and human development, education, health/medicine, law, psychology, public policy, and social work.

 

Registration and Accommodations

To register for the Symposium, go to http://childrightscampaign.org/crcindex.php?sNav=events_snav.php&sDat=events_dat.php.

 

We look forward to seeing you in June!

MSU College of Law Alternative Spring Break Final Report

Michigan State University College of Law

Law Students’ Alternative Spring Break

New Orleans, LA

Posting for Thursday, March 12, 2009

Posted By:  Professor Michele LaForest Halloran, Director of Clinical Programs and Director of the Tax Clinic, MSU College of Law

From a 1-L student:

It has been an amazing trip so far.  I have been at the St. Bernard’s Parish location, which borders the 9th ward.  It is wonderful to see how the community has come together to support each other throughout the long process of rebuilding after Katrina.  The St. Bernard’s Community Center offers many services for the resilient community of the parish, ranging from furnishing clothing to providing hot meals.  Some of the people who come in haven’t paid their taxes since Katrina, and it is an honor to be able to help them get caught up and back on track.  

What people do not realize is that this is the only parish/county in the United States to ever be declared 100% destroyed.  The people we have met thus far are just happy to know that people still care about them and continue to provide help.  They want to stress that although there is a lack of coverage by the press, the recovery effort is nowhere near complete, and in fact far from it.  There are still people living in FEMA trailers, and others have yet to return to their homes; however, the residents remain hopeful as they try to put their lives back together.

Michigan State University College of Law

Law Students’ Alternative Spring Break

New Orleans, LA

Posting for Friday, March 13, 2009

Posted By:  Professor Michele LaForest Halloran, Director of Clinical Programs and Director of the Tax Clinic, MSU College of Law

From a 1-L student:

Prior to ASB, if someone asked me what I knew about post-Katrina Louisiana, I would probably have said, "Oh, I'm not sure. I assume things are pretty much back to normal."  I think this is a typical response, considering the hurricane rushed through over three years ago.  If someone now asked me what I knew about post-Katrina Louisiana, I would say, "These people need our help more than ever.  Over three years have gone by and so much still needs to be done."  Yesterday we drove around the St. Bernard Parish and parts of the 9th Ward.  I was speechless.  We drove down blocks and blocks where I could picture these small homes sitting three feet above the ground and about 15 feet apart from each other.  I could imagine small gardens in front of these homes with neighborhood children playing in their front yards.  These images made me smile, but that's all they were, my imagination.  What was really there was a newly built home beside a home that was completely destroyed on one side and an empty lot on the other side.  Some homes are marked, "Do Not Destroy."  Other homes remain with the FEMA markings on them indicating date of entry and how many people were found inside, dead or alive.  There were so many empty lots with debris everywhere, and I wondered, "Where are these families now?  Are they living in a FEMA trailer?  Are they homeless?  Who are these people?"  

 

I now know who these people are.  Volunteering for the St. Bernard Parish Community Center allowed me to meet real victims of the storm, and all these people want is for someone to hear their stories.  As I filled out the returns for people, the silence was very awkward, so I would ask if they were originally from Louisiana.  The minute I sounded interested in their lives, and I was, most people took my question and ran with it.  I was amazed by the stories people were telling me.  Everyone who came in to get their taxes completed was impacted by the hurricane.  They either evacuated in time, or they were in their homes when the water came rushing in.  In either situation, everyone lost so much.  A man came in today who had not filed his taxes since 2003, but he lost all his information in the storm.  Now what?  These are the real problems people are facing in Louisiana.  Some still live in FEMA trailers.  Others are back in their homes.  When people brought in their mortgage interest statements for the year, I asked if the money was used to improve their homes, and the responses generated even more information about their Katrina experiences.  Others have started their own businesses, considering many local businesses never recovered after the storm, and the worst thing for me was having to tell these people that they owe the government money because of self-employment taxes.  These people have very little, and to have to tell them that THEY owe money was very hard for me. 

 

If I can sum up this entire experience, I would want to say that it's been life changing.  No one will ever know exactly what these people have felt and experienced because of Hurricane Katrina.  The only thing we all can do is try to understand and help.  I saw a spray painted sign that read, "Please Help Our Community."  That's what we need to do.

MSU College of Law Alternative Spring Break Post #2

Michigan State University College of Law
Law Students’ Alternative Spring Break
    New Orleans, LA   
Posting for Tuesday, March 10, 2009
Posted By:  Professor Michele LaForest Halloran, Director of Clinical Programs and Director of the Tax Clinic, MSU College of Law
•    Today, Melissa and I did Gavin’s (not his real name) taxes.  Gavin is a recovering addict and a kind, gentle soul.  He regaled us all with his personal Katrina story of being evacuated from the New Orleans jail.  He was chained to other prisoners and had to wade out in the water.  After work, we took a tour of some hard-hit areas – it was distressing in many ways.  I feel good about being here – I am happy to be helping people who have gone through this.

•    Today we were able to meet more residents and got to hear their stories about life and the storm.  It’s really interesting hearing what people went through and to see how far they’ve come.  I never thought I would receive such insight from these individuals, but many of them have gone through so much and have turned their lives around, although they faced such adversity.  Needless to say, it was another great day.

•    This entry has little to do with tax, and more to do with New Orleans and its people.  I feel that this trip so far has given me a richer and more complete experience of the city.  I continue to be surprised by the openness of the people here.  The staff at our hotel shared their experience of Katrina and the efforts of the government in getting their lives together.  Simply put, they were not happy.  I have never heard anyone use the word “TERRIBLE” so many times in a conversation.  We also got a chance to tour the lower 9th Ward and St. Bernard Parish and see the destruction Katrina left in its wake.  There were large sections of houses with water damage on the roofs from the flooding.  Regardless of all this destruction, there is a definite sense that people are attempting to return some sense of normalcy to their lives.

•    Today we got to hear stories about the Hurricane directly from members of the Gateway Recovery community.  In doing so, I realized how much of an impact we have on the people here – just by doing something simple, like helping with taxes.   Even more so, I realized how many things haven’t changed and how much can still be done with a little effort.  It is still shocking what a different world it is here, and I wish I could do more to help.  One important lesson I learned today was that advice can be as important as anything – this specific instance involved tax advice, but I think the principle applies across the board.  We are able to learn life lessons from New Orleans residents, and in some way, big or small, we are able to teach them too.

•    The stories we have heard from members of the Gateway Recovery Center are some of the most captivating stories I have ever heard.  I will never get tired of hearing these stories.  The novelty of tax returns has passed with time, but a new group of clients has presented a new challenge.  The challenge of today was to inform the clients that they owed the IRS money.  Before today, we only dealt with clients who were receiving refunds.  As you can imagine, telling a client he owes money elicits a different response from the joyous responses of the previous day.  Even faced with this adversity, the residents of Gateway Recovery remained positive and friendly.  Today, we counseled the clients on possible payment options they could take advantage of to repay their tax debts.  Specifically, we suggested that they contact the IRS about an installment plan.  Additionally, we suggested possible steps the residents could take to change the amount of tax withheld from their yearly earnings.  These steps would allow them to avoid having to pay the IRS such a large amount of tax at the end of 2009.

Michigan State University College of Law Law Students’ Alternative Spring Break

New Orleans, LA March 9 through March 14, 2009
Posted By:  Professor Michele LaForest Halloran, Director of Clinical Programs and Director of the Tax Clinic, MSU College of Law

Twelve MSU Law students have generously given up their usual “spring break” rest and fun for a commitment to provide service to the working poor in New Orleans.  The students are divided between two locations, one at the Community Center of St. Bernard Parish in Arabi, LA, the other at Gateway in Harvey, LA, a treatment center for veterans and others suffering from alcohol and substance abuse.   Instead of providing the type of services often found in the New Orleans area these days – cleanup and home building – these students are preparing tax returns for residents, the vast majority of whom are under the poverty level. 

Before assembling for Alternative Spring Break, each of the law students passed a complex examination to become certified as a volunteer income tax preparer through the Internal Revenue Service.  Following is commentary from the students and one of their attorney supervisors after their first day at work; we plan to add to this commentary each day.

Monday, March 9, 2009

• Per usual, the first day of preparing taxes in New Orleans was hectic but satisfying.  The continuous scramble of trying to set up the computer system was an onerous task.  Once we had the system set up, however, everything ran smoothly.  Helping the Gateway residents with their taxes was rewarding.

• Being at Gateway today was exciting.  The day started by getting set up and getting to know several of the office employees.  Everyone was generous, accommodating, and especially patient as we worked out the kinks on our first day.  Now that we have a routine figured out, things are running smoother, and I have high hopes for the rest of the week.

• When everything was worked out with computers, printers, and local networking, we waited for the rush of eager taxpayers.  When word got out, we got to work.  It was nerve wracking at first, but after a few returns, I felt calm and confident in the work we were doing.  If I could have done one thing different to prepare, it would have been to have had advocacy practice at school before we flew out.   I am looking forward to tomorrow.

• Although things started slowly, once things picked up, I got to apply my years of tax education in a practical way.  Actually, doing this is a lot different than reading cases, and I enjoyed practicing my tax knowledge in a one-on-one client-based manner.

• Well, I was very nervous going in to do taxes today.  Granted, I’ve always done my own, but in this case, I was dealing with other people’s information and ensuring they properly file their returns.  Fortunately, though, after the first return, my fears were eased, and preparing taxes wasn’t that bad.  Everyone is so grateful for our help and it’s been rewarding thus far.

• Our first day of working in NOLA was finally here!  The experience of working with our clients continues to be exciting and has been extremely satisfying.  It feels great to help good people in unfortunate situations help themselves.  The team camaraderie has been great!  I look forward to Day Two.

• We serviced 18 residents at Gateway and 8 residents at the St. Bernard Parish community center on Monday, the first day.  Word has a tendency to spread like wildfire around here (at Gateway), and I expect an onslaught of clients the rest of the week.  We also took information about a number of residents with existing tax controversies, and will be taking those materials back to our tax clinical program to initiate representation of those taxpayers as clients.  This is the most rewarding experience – the sincere gratitude expressed by those whom we have served – the smiles on their faces – are the best, and only, rewards! 

Job Posting - University of Denver Sturm College of Law - Assistant Director, Legal Internship Program

University of Denver Sturm College of Law– Assistant Director, Legal

Internship

Program

The University of Denver Sturm College of Law invites applications for the position of Assistant Director, Legal

Internship

Program. The Assistant Director, working with the Director of the Legal

Internship

Program, the Director of the Student Law Office and the Associate Dean of Academic Affairs counsels and advises students on internship opportunities.  The Assistant Director also assists in administering and overseeing all field placements, educating and training field supervisors and conducting site visits, supervising associated adjunct faculty and administrative staff; developing and implementing internship policies and procedures, and developing the internship seminar curricula. The Assistant Director will be expected to teach at least one of the internship seminars each semester and work with other faculty and centers within the College of Law and University, as well as stakeholders in the community, in our efforts to develop in students the art of lawyering, provide opportunities integrating substantive learning with the practice of law, and promote the ethical practice of law.  The Assistant Director will be expected to model the highest levels of professionalism, reflective practice, and commitment to academic excellence.

The Legal

Internship

Program at the University of Denver Sturm College of Law is one of the largest internship programs in the country, with over 400 students participating in internships each academic year.  Students may participate in internships with organizations in the public, private and social sectors. 

This is a 12 month position.

Preferred Qualifications:  Clinical Teaching experience is strongly preferred.

Minimum Qualifications:  JD; applicants must have at least five (5) years of legal experience.

Required Qualifications:  Must possess strong academic credentials.  Applicants must be admitted to the Colorado Bar or willing to seek admission.

Special Instructions: Application procedure and materials:  Applicants should submit the following materials through https://www.dujobs.org/applicants/jsp/shared/frameset/Frameset.jsp?time=1236025984044

1.  Cover letter describing your prior legal, teaching, and other relevant experience; your aspirations regarding this position and any other information relevant for assessing your potential as a seminar teacher and Assistant Director; 

2. Detailed resume;

3. A list of at least three references.