Clinical Law Prof Blog

Editor: Jeffrey R. Baker
Pepperdine University
School of Law

Saturday, July 1, 2017

U.S. Senate Unveils Health Care Bill Designed to Dismantle the ACA

If you are closely tracking the ongoing federal legislative efforts to repeal and replace the Accountable Care Act (ACA), you might find interesting my recent piece, U.S. Senate Unveils Health Care Bill Designed to Dismantle the ACA.   A huge thanks to the Oxford Human Rights Hub for publishing my take on the Better Care Reconciliation Act of 2017 and the formidable procedural and substantive obstacles the bill faces in the United States Senate.  The Hub also published my post, How an ACA Repeal Would Devastate Appalachia, as part of a three-part series on American health care reform this Spring.  I intend to continue to watch--and write about--federal legislative attempts to dismantle the ACA over the summer and will provide links to new posts as they as they go live on this blog site.

July 1, 2017 in Current Affairs, Scholarship | Permalink | Comments (0)

Friday, June 30, 2017

West Virginia Law Review 2018 Appalachian Justice Symposium: Announcement and CFP

Dear Colleagues,

Please find here the announcement and CFP for the West Virginia Law Review’s 2018 Appalachian Justice Symposium, which will be held on February 23-24, 2018 at the West Virginia University College of Law.  Papers selected by the Law Review will be published in a special symposium edition of the Law Review entitled “Essays on Appalachia.”  
 
I am writing to respectfully request that you (1) consider participating in the Symposium by submitting either a paper or panel proposal and (2) circulate the attached CFP as far and wide as possible.  Additional information will be posted periodically on the Symposium website located at: 
 
 
If you have any questions about the Symposium or the CFP, please feel free to reach out to me at your convenience.  Thanks so much for your time and attention and I hope that everyone is enjoying a wonderful summer.
 
Sincerely,
 
Jenn
 

 

 
 

June 30, 2017 in Conferences and Meetings, Scholarship | Permalink | Comments (0)

Thursday, June 15, 2017

Call for Papers: "Children's Rights and Responsibilities in Africa"

The AALS Section on Africa is pleased to announce a Call for Papers from which 2-3 additional presenters will be selected for the section’s program to be held during the AALS 2018 Annual Meeting in San Diego on “Children’s Rights and Responsibilities in Africa.” The program is co-sponsored by the AALS Section on Children and the Law and the AALS Section on International Human Rights. The call for papers seeks authors of published or unpublished papers that consider the rights and responsibilities of children on the African continent.

Background: The United Nations Convention on the Rights of the Child is the most widely ratified human rights treaty in the history of the world. A look at the drafting history of the CRC indicates that African countries were not proportionally represented in the drafting process, arguably due to a lack of resources and a dearth of diplomatic representatives in post-colonial Africa. Although some feared that the North-South divide in the drafting process would prevent the universal acceptance of the treaty, the fact is that the continent was strongly represented among the first countries to sign and ratify the treaty.

African countries did not stop there. They criticized the CRC for not going far enough in protecting children’s rights and taking into consideration African cultural values (such as the notion that children also have concurrent responsibilities) and issues, such as apartheid, child marriage, child labor, child trafficking, children in armed conflict, and harmful cultural practices. African nations converted this criticism into the first regional children’s treaty, the African Charter on the Rights and Welfare of the Child. Africa also is home to the first nation, the Republic of South Africa, to include many of the principles of the CRC and the African Children’s Charter in the nation’s constitution.

Despite the leadership that the African continent has offered in developing an international legal framework for children’s rights and responsibilities, the consequences of colonial occupation has led to a perception that children’s rights have not been recognized in many areas, ranging from gender discrimination to education to economic security and more. This call for papers is intended to advance the dialogue related to both the creation and fulfillment of children’s rights and responsibilities, especially as they relate to children in Africa.      

Thus, the Section on Africa invites any full-time faculty member of an AALS member school who has authored a published or unpublished paper, is writing a paper, or is interested in writing a paper on this topic to submit a 1- or 2-page proposal to the Chair of the Section by August 31, 2017. The Executive Committee will review all submissions and select proposals for presentation as part of our AALS 2018 Program.

Please  share this call for papers widely and direct all submissions and questions to the Chair of the AALS Section on Africa:

Professor Warren Binford

Willamette University College of Law

wbinford@willamette.edu 

503-370-6758                

 

June 15, 2017 in Children, Conferences and Meetings, Current Affairs, Family Law, Interdisciplinary Programs, Juvenile Justice, Scholarship | Permalink | Comments (0)

Wednesday, June 14, 2017

Community Out of Chaos

This week, I attended the 2017 501(c)onference, presented by the Center for Nonprofit Management in Los Angeles. Creating Community Out Of Chaos was the theme, and it was timely.

I registered for the conference as a bit of continuing education. In the Pepperdine Community Justice Clinic, our students and I counsel nonprofits and NGOs in corporate and policy matters, so I seized an opportunity to learn more about the nonprofit ecosystem, the market, and its trends. The 501(c)onference is a gathering of world-class nonprofits and nonprofit leaders in Southern California, to exchange ideas, network, and improve collaborations. Like most lawyers and most academics I spend most of my time with other lawyers and academics, so it was nice to break away and see the work from the clients’ point of view. (This had the double benefit of new insight for the great boards on which I get to serve: Counsel to Secure Justice, Medicine for Humanity, The Abundant Table, and the Clinical Legal Education Association.)    

The time away from the ivory silo was refreshing and useful, and that was my first professional lesson for the week. All we lawyers should spend time with our clients in their markets, especially when they do not need us. We learn more about them so can serve them better. All we academics should spend time in the fields we study and teach to ground our scholarship and classes in lived experience.

At this brief conference, a rising energy and resilient optimism pervaded the conversations. Everyone acknowledged the conflict and tension of our present political and social anxieties. People presented bleak, striking data about the economy, communities, and policies. Speakers identified troubling trends rooted in systems and cycles, but there was little despair in the room.  Instead, there was a calm, fierce, determined air to stay at work in new and better ways. Plenty of people spoke of resistance, but it is a resistance against division, inequity, and deceit.

That spirit infused righteous talk of alliance. We talk a lot about collaboration, but this deeper discussion of alliance meant more than projects in common. It meant more than MOUs. Alliance calls for mutuality, humility, and shared burdens in a righteous cause. Even as these organizations may vie for the same grants and funders, they were all speaking to the need to join forces in defense of our social contracts and the community ligaments than bind us together.

Those conversations invited talk of innovation and new ideas to fund and sustain organizations and their work. Some brilliant panelists discussed the emerging trends of social-impact investing, B-Corps, pay-for-performance, and other market-driven social enterprises. This is an important new trend that we must explore and improve. No one does this work for the money, but money is necessary for the work. Angel investors, equities, bonds, and other start-up financing mechanisms promise new means of big money for socially responsible enterprises who can find the right mix of markets and economic development. Some of us, however, had good counterpoint discussions about the temptations of profit and the reality of issues that defy markets. Sometimes folks can get rich while doing great good in the world. Very often, social needs and solutions will not respond to market fixes and will require the generosity of donors and the tenacity of scrappy activists whose work is not measured in profit.  

These conversations stood in stark contrast to a meeting of Black Lives Matter that my family and I attended earlier in the week. BLM intentionally and explicitly is not part of the traditional nonprofit system or economy. As it fights for empowerment and reform, it takes a radically different, disciplined strategy. The nonprofit conference was in gleaming, corporate quarters in spaces built for teaching and learning. BLM met in a well-worn, hard-working community center covered in local art, a place with sharp edges made warm, hospitable, and loving by a fierce commitment to inclusion and dignity. BLM opts for deep, patient community organizing and development built on relationships, teaching, dialog, and amplified voices. It is not profitable and does not seek to be.   

And this contrast informs another great lesson for me this week. I believe in All-of-the-Above, each of these extraordinary people and organizations seeking the light in their respective worlds and calling others to join their alliances. From the veteran community organizers in Inglewood to the rich foundations Santa Monica, from the scrappy new nonprofit laboring without an office to the global NGOs who can call on millions, their work all bends toward the dignity of every person. To seek the dignity of the oppressed and to empower the poor is to love everyone, including ourselves. We need them all.   

To empower the vulnerable people on the margins of our society and economy is to strengthen all the bonds on which we all rely. This morning, we saw again the great and awful cost when we allow those bonds to fray and snap. While we gathered in conference, a man took intentional, deadly aim at our representatives, our Congress. He chose a moment when they were actually engaged in friendly, healthy, democratic, bipartisan, American government, even in an era of harsh polarization and distrust. Just hours later, another person unleashed death on co-workers in another workplace shooting that we can only ever seem to call senseless.   

This violence is a failure of many things, and we must own them together if we going to resist the breach of our social contract, our commitments and reliance on each other. If we cannot trust each other, then the center will not hold.  

So I end this reflection returning to work as a teaching lawyer (or a practicing professor). Our communities and commerce depend on the rule of law. The rule of law depends on our social contract, these deep commitments to each other. These commitments depend on trust, and trust depends on dignity. Everyone's dignity depends on the dignity of everyone else, and that mutuality is under assault.

Fundamentally, this must be the work of lawyers. We must guard and defend the conditions necessary to thrive in liberty and peace.

So we must teach our students accordingly. Violence is a failure of our morality and care. Rampant deceit is a failure of our discipline to hold ourselves accountable. Injustice thrives when our alliances degrade. The Republic will fall when we abandon our mutuality. This is the jurisprudence we need to teach and study. This is how community emerges from chaos.        

June 14, 2017 in Community Organizing, Conferences and Meetings, Current Affairs, Scholarship, Teaching and Pedagogy | Permalink | Comments (0)

Wednesday, January 18, 2017

Chasing Liberty: The Detention of Central American Families in the United States

On Friday February 3, 2017, UDC’s David A. Clarke School of Law will host a day-long conference on the detention of Central American Families in the United States.

The conference will bring together advocates, law students, and academics throughout the nation who have been fighting to end the detention of immigrant families. In June 2014, the U.S. Department of Homeland Security reinstituted an abandoned policy of detaining children and their parents seeking asylum in the United States. Families were first held in Artesia, New Mexico, which was accurately described as a “deportation mill,” and now in Dilley and Karnes City, Texas, along with a smaller detention center in Berks County, Pennsylvania. Thousands of children and their mothers have now been held in confinement while their cases are processed, with a small portion of the families held for more than a year.

We will start the day with opening remarks from Professor emeritus, Barbara Hines, followed by a panel tracing the history of family detention and painting a picture of the current detention system. This will be followed by a panel examining the legal and advocacy challenges to the practice of detaining mothers and children, from the Flores case to hunger strikes by the mothers themselves. During lunch, students who have volunteered inside the detention centers from UDC and Lewis & Clark will share their perspectives. After lunch, scholars and advocates will examine the international human rights ramifications of detaining families and of asylum free zones in the United States.  Finally, we will pivot to examine the post-release crisis. How do we ensure adequate representation for asylum-seeking families released from detention? How do we win claims for protection in difficult jurisdictions? We will also examine the lessons learned from the massive national movement built to advocate for detained families and try to replicate our successes in representation in detained and non-detained settings nationwide.

Confirmed speakers include:

  • Cecilia Anguiano, Law Student at Lewis & Clark Colle Law School, Portland, Oregon
  • Blaine Bookey, Co-Legal Director, Center for Gender and Refugee Studies, San Francisco, CA
  • Bridget Cambria, Partner with Cambria & Kline; Founder, ALDEA People’s Center, Reading, Pennsylvania

  • Kristina Campbell, Professor of Law and Jack and Lovell Olender Director, Immigration and Human Rights Clinic, UDC David A. Clarke School of Law

  • Dree Collopy, Partner, Benach Collopy LLP, Washington DC

  • Tessa Copeland, Law Student at Lewis & Clark College Law School, Portland, Oregon

  • Melissa Crow, Legal Director at the American Immigration Council

  • Conchita Cruz, Co-Director Asylum Seeker Advocacy Project

  • Andrew Free, Law Office of R. Andrew Free, Nashville, Tennessee

  • Lindsay M. Harris, Assistant Professor of Law, Immigration and Human Rights Clinic, UDC David A. Clarke School of Law 

  • Barbara Hines, Emerson Fellow and Clinical Professor Emeritus at the University of Texas – Austin

  • Karen Lucas, Associate Director of Advocacy, American Immigration Lawyers Association
·
  • Michelle Mendez, Staff Attorney, Catholic Legal Immigration Network, Inc

  • Andrea Meza, Equal Justice Works Fellow & Staff Attorney, RAICES, San Antonio, Texas


  • Lindsay Nash, Visiting Assistant Clinical Professor of Law, Cardozo Law

  • Sarah Paoletti, Practice Professor of Law, Director of Transnational Legal Clinic, Penn Law

  • Swapna Reddy, Co-Director, Asylum Seeker Advocacy Project

  • Katie Shepherd, former Managing Attorney of the CARA Project and current Legal Fellow at the American Immigration Council

  • Anita Sinha, Assistant Professor of Law, Director of International Human Rights Clinic, American University Washington College of Law.
  • Maureen Sweeney, Associate Professor, Director of Immigration Clinic, University of Maryland Law School

  • Shana Tabak¸ Visiting Assistant Professor, Georgia State University, College of Law and Global Studies Institute

Registration: Please register for the conference here.

All questions should be directed to Assistant Professor of Law, Lindsay M. Harris at Lindsay.harris@udc.edu

January 18, 2017 in Conferences and Meetings, Immigration, Scholarship | Permalink | Comments (0)

Monday, August 1, 2016

Book Review of Building on Best Practices: Transforming Legal Education in a Changing World

This year, I am serving on my law school’s curriculum committee, outcomes assessment task force and our self-study committee for an upcoming ABA site visit. These posts involve many of the most pressing questions of the day in legal education, and they intersect often with clinical and experiential learning.

For these reasons, I was very happy and a bit intimidated to receive an invitation from the Journal of Legal Education to review Building on Best Practices: Transforming Legal Education in a Changing World, edited by Deborah Maranville. Lisa Radtke Bliss, Carolyn Wilkes Kass, and Antoinette Sedillo Lopez, and written by many others.  I have the privilege of friendship and collaboration with many of these authors and editors, and they are doing innovative, wise work on the hardest issues of our enterprise.  Their work and insight hit home. 

Please read and use the book; it will make our law schools better.  It will make us better teachers and scholars and will promote better outcomes for the students who trust us. It takes its place within the canon of legal education theory and practice, from McCrate to Carnegie to the original Best Practices. It is not the destination of our work, but it is a useful, important stop along the way. 

Here is an excerpt from my review, available on SSRN here and at 65 J. Legal Educ. 988 (2016).

Building on Best Practices charts the path for institutional and curricular reform within the prevailing structure of outcomes assessment. Like the refined demands of new ABA accreditation standards, Building on Best Practices draws from the trend toward objective measurement of identifiable goals. Institutional assessment follows a constructive, progressive cycle: identifying outcomes and goals, developing means to measure progress toward those goals, measuring performance in light of the desired outcomes, evaluating results, and developing and implementing changes, before starting again.

Thus, rather than evaluating a school based on its inputs, like the metrics of an incoming class, the library budget, or faculty research assistance, a school should measure its success based on how well it achieves the goals it sets for itself. Building on Best Practices proposes this process as the means to strengthen and improve the enterprise of legal education. Each law school must reckon what it wants to be in a topsy-turvy environment, then mark out a course to achieve it well within its own contexts and markets. It is not enough for schools to add or remove programs, to build a space, or to invest in a class with higher entrance metrics. Instead, schools must be able to articulate why they should do those things, to have a clear purpose for making the moves they make, and to use good tools to determine whether they work.

August 1, 2016 in Books, Scholarship, Teaching and Pedagogy | Permalink | Comments (0)

Wednesday, June 1, 2016

Upcoming Deadline for NYU Writers' Workshop

"This is a reminder that the registration deadline for the Clinical Law Review’s Clinical Writers’ Workshop is June 30, 2016.

The Workshop will take place at NYU Law School on Saturday, September 24, 2016, at NYU Law School.  It provides an opportunity for clinical teachers who are writing about any subject (clinical pedagogy, substantive law, interdisciplinary analysis, empirical work, etc.) to meet with other clinicians writing on related topics to discuss their works-in-progress and brainstorm ideas for further development of their articles. Attendees will meet in small groups organized, to the extent possible, by the subject matter in which they are writing. Each group will “workshop” the draft of each member of the group.

Participation in the Workshop requires the submission of a paper because the workshop takes the form of small group sessions in which all members of the group comment on each other’s manuscripts. By June 30, all applicants will need to submit a mini-draft or prospectus, 3-5 pages in length, of the article they intend to present at the workshopFull drafts of the articles will be due by September 1, 2016.

As in the previous Clinical Law Review Workshops, participants will not have to pay an admission or registration fee but participants will have to arrange and pay for their own travel and lodging. To assist those who wish to participate but who need assistance for travel and lodging, NYU Law School has created a fund for scholarships to help pay for travel and lodging. The scholarships are designed for those clinical faculty who receive little or no travel support from their law schools and who otherwise would not be able to attend this conference without scholarship support. Applicants for scholarships will be asked to submit, with their 3-5 page prospectus, by June 30, a proposed budget for travel and lodging and a brief statement of why the scholarship would be helpful in supporting their attendance at this conference.  The Board will review all scholarship applications and issue decisions about scholarships in early July. The scholarships are conditioned upon recipients’ meeting all requirements for workshop participation, including timely submission of drafts, and will be capped at a maximum of $750 per person.

Information about the Workshop – including the Registration form, scholarship application form, and information for reserving hotel rooms – is available on-line at:

http://www.law.nyu.edu/journals/clinicallawreview/clinical-writers-workshop

If you have any comments or suggestions you would like to send us, we would be very happy to hear from you. Comments and suggestions should be sent to Randy Hertz at randy.hertz@nyu.edu.

-- The Board of Editors of the Clinical Law Review"

June 1, 2016 in Conferences and Meetings, RFP, Scholarship | Permalink | Comments (0)

Monday, February 29, 2016

2016 Clinical Law Review Workshop Details Announced

The Clinical Law Review will hold its next Clinical Writers’ Workshop on Saturday, September 24, 2016, at NYU Law School.  The registration deadline is June 30, 2016.

The Workshop will provide an opportunity for clinical teachers who are writing about any subject (clinical pedagogy, substantive law, interdisciplinary analysis, empirical work, etc.) to meet with other clinicians writing on related topics to discuss their works-in-progress and brainstorm ideas for further development of their articles. Attendees will meet in small groups organized, to the extent possible, by the subject matter in which they are writing. Each group will “workshop” the draft of each member of the group.

Participation in the Workshop requires the submission of a paper because the workshop takes the form of small group sessions in which all members of the group comment on each other’s manuscripts. By June 30, all applicants will need to submit a mini-draft or prospectus, 3-5 pages in length, of the article they intend to present at the workshopFull drafts of the articles will be due by September 1, 2016.

As in the previous Clinical Law Review Workshops, participants will not have to pay an admission or registration fee but participants will have to arrange and pay for their own travel and lodging. To assist those who wish to participate but who need assistance for travel and lodging, NYU Law School has created a fund for scholarships to help pay for travel and lodging. The scholarships are designed for those clinical faculty who receive little or no travel support from their law schools and who otherwise would not be able to attend this conference without scholarship support. Applicants for scholarships will be asked to submit, with their 3-5 page prospectus, by June 30, a proposed budget for travel and lodging and a brief statement of why the scholarship would be helpful in supporting their attendance at this conference.  The Board will review all scholarship applications and issue decisions about scholarships in early July. The scholarships are conditioned upon recipients’ meeting all requirements for workshop participation, including timely submission of drafts, and will be capped at a maximum of $750 per person.

Information about the Workshop – including the Registration form, scholarship application form, and information for reserving hotel rooms – is available on-line at:

http://www.law.nyu.edu/journals/clinicallawreview/clinical-writers-workshop

If you have any comments or suggestions you would like to send us, we would be very happy to hear from you. Comments and suggestions should be sent to Randy Hertz at randy.hertz@nyu.edu.

-- The Board of Editors of the Clinical Law Review

February 29, 2016 in Conferences and Meetings, Scholarship | Permalink | Comments (0)

NYU Law Review Seeking Submissions on Dollar General Corporation v. Mississippi Band of Choctaw Indians

NYU Law Review is seeking submissions for its online publication on the Dollar General Corporation v. Mississippi Band of Choctaw Indians. You can find the original message posted on the Michigan State Indigenous Law and Policy Center Blog, Turtle Talk, and also linked here.

They are looking for pieces that discuss the case itself, its legal background and importance, and its implications for Indian and non-Indian country alike—particularly Indigenous women’s issues and its insights into women’s issues in general. If your clinical practice intersects women's issues, enterprise issues, or tribal issues I encourage you to research the case. It may infuriate you, but a minimum you will have a better understanding of the legal obstacles Indian tribes face in federal courts, most especially our Supreme Court.

February 29, 2016 in Current Affairs, Scholarship, Supreme Court | Permalink | Comments (0)

Tuesday, February 9, 2016

Call for Contributions - Feminist Judgments: Rewritten Tax Opinions (Corrected Feb. 25, 2016)

Corrected Feb. 25, 2016 - JRB

Via Prof. Kathryn M. Stanchi of Temple:

Call for Contributions - Feminist Judgments: Rewritten Tax Opinions

 

Volume Editors

Bridget J. Crawford

Anthony C. Infanti

The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on those opinions for an edited collection entitled Feminist Judgments: Rewritten Tax Opinions. This edited volume, to be published by Cambridge University Press, is part of a collaborative project among law professors and others to rewrite, from a feminist perspective, key judicial decisions. The initial volume, Feminist Judgments: Rewritten Opinions of the United States Supreme Court, edited by Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford, will be published in 2016 by Cambridge University Press. (That book’s Introduction and Table of Contents are available here.) Subsequent volumes in the series will focus on different courts or different subject matters. This call is for contributions to a volume of tax decisions rewritten from a feminist perspective.

Tax volume editors Bridget Crawford and Anthony Infanti seek prospective authors for 8 to 10 rewritten tax-related opinions covering a range of topics. Authors are welcome to suggest cases of their own choosing or to consult the editors or others for ideas. All tax-related cases are appropriate for rewriting. Possible cases from U.S. courts are listed here, but that is not an exhaustive list. Cases may come from any jurisdiction and any court, including non-U.S. jurisdictions. The volume editors conceive of feminism as a broad movement concerned with justice and equality, and welcome proposals to rewrite cases in a way that bring into focus issues such as gender, race, class, disability, sexual orientation, national origin, and immigration status.

As the core of the Feminist Judgments Project is judicial opinions, proposals must be either to (1) rewrite a case (not administrative guidance, regulations, etc.) or (2) comment on a rewritten case. Rewritten opinions may be re-imagined majority opinions, dissents, or concurrences, as appropriate to the court. Feminist judgment writers will be bound by law and precedent in effect at the time of the original decision (with a 10,000 word maximum for the rewritten judgment). Commentators will explain the original court decision, how the feminist judgment differs from the original judgment, and what difference the feminist judgment might have made (4,000 word maximum for the commentary). Commentators and opinions writers who wish to work together are welcome to indicate that in the application.

In suggesting possible cases for rewriting, the volume editors have had the input and advice of an Advisory Panel of distinguished U.S. scholars including Alice Abreu (Temple), Patricia Cain (Santa Clara), Joseph Dodge (Florida State), Mary Louise Fellows (Minnesota), Wendy Gerzog (Baltimore), Steve Johnson (Florida State), Marjorie Kornhauser (Tulane), Ajay Mehrotra (American Bar Foundation, Northwestern), Beverly Moran (Vanderbilt), Richard Schmalbeck (Duke), Nancy Shurtz (Oregon), Nancy Staudt (Washington University), and Lawrence Zelenak (Duke).

The U.S. Feminist Judgments Project approaches revised judicial opinion writing as a form of critical socio-legal scholarship. There are several world-wide projects engaged in similar efforts, including the U.K.-based Feminist Judgments: From Theory to Practice (2010); Australian Feminist Judgments: Righting and Rewriting Law (2014); the Women’s Court of Canada; ongoing projects in Ireland, New Zealand, and a pan-European project; and other U.S.-based projects currently under way.

Those who are interested in rewriting an opinion or providing the commentary on one of the rewritten tax cases should fill out an application here.

Applications are due by February 29, 2016 at 5:00 p.m. eastern. Editors expect to notify accepted authors and commentators by April 15, 2016. First drafts of rewritten opinions will be due on August 15, 2016. First drafts of commentary will be due on September 15, 2016.

February 9, 2016 in RFP, Scholarship | Permalink | Comments (0)

Thursday, November 12, 2015

Mark Your Calendars for Next Clinical Writers' Workshop at NYU

This was just announced:

"The Clinical Law Review will hold its next Clinical Writers’ Workshop on Saturday, September 24, 2016, at NYU Law School.

The Workshop provides an opportunity for clinical teachers who are writing about any subject (clinical pedagogy, substantive law, interdisciplinary analysis, empirical work, etc.) to meet with other clinicians writing on related topics to discuss their works-in-progress and brainstorm ideas for further development of their articles. Attendees will meet in small groups organized, to the extent possible, by the subject matter in which they are writing. Each group will “workshop” the draft of each member of the group.

Participation in the Workshop requires the submission of a paper because the workshop takes the form of small group sessions in which all members of the group comment on each other’s manuscripts. By June 30, all applicants will need to submit a mini-draft or prospectus, 3-5 pages in length, of the article they intend to present at the workshopFull drafts of the articles will be due by September 1, 2016.

As in the previous Clinical Law Review Workshops, participants will not have to pay an admission or registration fee but participants will have to arrange and pay for their own travel and lodging. To assist those who wish to participate but who need assistance for travel and lodging, NYU Law School has created a fund for scholarships to help pay for travel and lodging. The scholarships are designed for those clinical faculty who receive little or no travel support from their law schools and who otherwise would not be able to attend this conference without scholarship support. Applicants for scholarships will be asked to submit, with their 3-5 page prospectus, by June 30, a proposed budget for travel and lodging and a brief statement of why the scholarship would be helpful in supporting their attendance at this conference.  The Board will review all scholarship applications and issue decisions about scholarships in early July. The scholarships are conditioned upon recipients’ meeting all requirements for workshop participation, including timely submission of drafts, and will be capped at a maximum of $750 per person.

If you have any comments or suggestions you would like to send us, we would be very happy to hear from you. Comments and suggestions should be sent to Randy Hertz at randy.hertz@nyu.edu.

-- The Board of Editors of the Clinical Law Review"

November 12, 2015 in RFP, Scholarship | Permalink | Comments (0)

Tuesday, November 3, 2015

Lucy Jewel on the Critical Need to Collapse the Doctrine/Skills Dichotomy

Via TaxProf Blog, here is critical work from Prof. Lucy Jewel of Tennessee, calling for the collapse of the doctrine/skills dichotomy and its resulting hierarchies, in her article, Oil and Water: How Legal Education's Doctrine and Skills Divide Reproduces Toxic Hierarchies, 31 Colum. J. Gender & L. 111 (2015):

An excerpt from the abstract:

[T]he antipodal positioning of doctrine and theory over skills and practice harms law schools’ ability to prepare a new generation of law students to engage in both critical lawyering and law reform. As American society becomes increasingly unequal and as its criminal justice system barrels well past the breaking point, we desperately need the next generation of law students to participate in a new era of structural law reform. But unlike the last major era of reform in the United States (the Progressive Era), where ill-conceived top-down solutions were theorized and implemented by a small subset of elite lawyers, this time, reform should emerge from a coalition of lawyers hailing from all law schools and all levels of society. Even in legal education’s current situation, with tenure for law professors on the chopping block due to declining student enrollment and legal employment prospects, law schools should commit to collapsing the false binary between doctrine and skills.

November 3, 2015 in Scholarship, Teaching and Pedagogy | Permalink | Comments (0)

Tuesday, July 14, 2015

Building on Best Practices

I am a bit of a Veruca Salt when it comes to certain things, including books, especially ones that promise to be transformative--“I want it and I want it now, Daddy!” And so last December, I demurely offered to copy edit Building on Best Practices: Transforming Legal Education in a Changing World before it went to the publisher. This was no sacrificial duty on my part. I had the opportunity to read a couple of the chapters in draft form earlier in the year and I was impatiently hungry for more—a lot more, and now! The pedagogical feast did not disappoint. 

The editors describe the goals of Building on Best Practices  as a “[R]eflection on the best of current and emerging practices in legal education that will guide individual teachers and law school administrations in designing a program of legal education that meets the needs of the lawyers of tomorrow. Today's law students will enter a profession vastly different from the one their predecessors experienced, for which different skills, knowledge and values are necessary. This book is an attempt to synthesize important developments in legal education that have occurred since the publication of Best Practices for Legal Education. It is designed as a resource for anyone who hopes to contribute to the betterment of legal education and wishes to explore positive opportunities for change.” 

As promised, the book builds on Best Practices in Legal Education, which was written by Roy Stuckey et al. and published by CLEA in 2007. Building on Best Practices takes into consideration the crisis in legal education, advances in technology, the diversification of students in U.S. law schools, changes in the profession, new accreditation standards, the further development of educational research into how we learn, and much, much more.

Coincidentally, I was reading the book while attending the 2015 AALS Annual Meeting, and as I moved from the sessions and discussions at the Annual Meeting back into the pages of the book, I was struck by the level of synchronicity between the concerns raised by our colleagues at the meeting and the insights and guidance provided by Building on Best Practices. The book is both timely and relevant at a time when legal educators need help—badly. Legal education is at least in flux, and possibly, in crisis, and it is crucial that we recognize our challenges and collaboratively identify and implement solutions to help us move forward into a new stage in history.

That collaboration is evident from cover to cover in Building on Best Practices. Edited by Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas, and Antoinette Sedillo Lopez (eds.), it includes contributions from more than 50 legal educators from law schools across the country. The publisher, LexisNexis, is making the $50 print book available to every legal educator in the U.S. at no cost and has already made the ebook version available (also at no charge).   

Here's the link to the ebook, in case you, like me, just can’t wait to devour more: http://www.lexisnexis.com/store/search/search-results.jsp?_requestid=31396\.

July 14, 2015 in Books, Scholarship, Teaching and Pedagogy | Permalink | Comments (0)

Monday, June 22, 2015

Southern Clinical Conference Update

Here is an update from the Southern Clinical Conference Planning Committee:

We are touching base with more exciting news about the 2015 Southern Clinical Conference, which will be held at the University of Memphis Cecil C. Humphreys School of Law on October 22-24, 2015.  First, please be reminded about the July 17, 2015 deadline to submit a proposal for plenary, concurrent, or workshop sessions related to our conference theme of Confronting Issues of Race and Diversity in Clinical Legal Education (see Request for Proposal materials attached to D. Schaffzin e-mail of May 26, 2015).

Apart from plenary, concurrent, and workshop sessions, the 2015 Southern Clinical Conference will also include a time slot dedicated for participants to present works-in-progress.   We invite works-in-progress proposals from new and experienced scholars, on all topics, at all stages of development, from completed drafts to half-baked ideas.  The work-in-progress topic does NOT need to relate in any way to the conference theme.  

We also are looking for volunteer discussants to facilitate dialogue about each work-in-progress project during the sessions.  Work-in-progress presenters will have an opportunity to work with discussants in advance of the conference to tailor the session to meet their goals -- whether receiving detailed feedback on a draft, developing particular ideas, or devising a publication strategy. 

For more information, please consult the attached work-in-progress request for proposals, cover sheet, and template.  

Prospective Work-in-Progress Presenters: please send proposals to Sandra Love (stlove@memphis.edu) by August 15th.  

Prospective Work-in-Progress Discussants: please send an email to Sandra Love (stlove@memphis.edu) by August 15th indicating your interest and listing any topic areas in which you have a particular interest or expertise.  If you would be open to serving as a discussant with regard to a paper of any topic, please note that, too.

Please contact the Planning Committee if we can be of any assistance.  Work-in-Progress presenters from all regions are welcome.  Join us and present your work in a fun and supportive environment!

 We look forward to your proposals. Registration details and other reminders regarding the Southern Clinical Conference will be coming later this summer.

 Danny (on behalf of the SCC Planning Committee) 

 

Daniel M.   Schaffzin 
  Assistant   Professor of Law 
  Director of Experiential Learning
  Cecil C. Humphreys School of Law

June 22, 2015 in Conferences and Meetings, Scholarship | Permalink | Comments (0)

Tuesday, June 2, 2015

Clinical Writers' Workshop--Upcoming Deadline

Here is the announcement for the Clinical Writers' Workshop from the editors of the Clinical Law Review:

The Clinical Law Review will hold its next Clinical Writers’ Workshop on Saturday, September 26, 2015, at NYU Law School.  The registration deadline is June 30, 2015.

The Workshop will provide an opportunity for clinical teachers who are writing about any subject (clinical pedagogy, substantive law, interdisciplinary analysis, empirical work, etc.) to meet with other clinicians writing on related topics to discuss their works-in-progress and brainstorm ideas for further development of their articles. Attendees will meet in small groups organized, to the extent possible, by the subject matter in which they are writing. Each group will “workshop” the draft of each member of the group.

Participation in the Workshop requires the submission of a paper because the workshop takes the form of small group sessions in which all members of the group comment on each other’s manuscripts. By June 30, all applicants will need to submit a mini-draft or prospectus, 3-5 pages in length, of the article they intend to present at the workshopFull drafts of the articles will be due by September 1, 2015.

As in the previous Clinical Law Review Workshops, participants will not have to pay an admission or registration fee but participants will have to arrange and pay for their own travel and lodging. To assist those who wish to participate but who need assistance for travel and lodging, NYU Law School has created a fund for scholarships to help pay for travel and lodging. The scholarships are designed for those clinical faculty who receive little or no travel support from their law schools and who otherwise would not be able to attend this conference without scholarship support. Applicants for scholarships will be asked to submit, with their 3-5 page prospectus, by June 30, a proposed budget for travel and lodging and a brief statement of why the scholarship would be helpful in supporting their attendance at this conference.  The Board will review all scholarship applications and issue decisions about scholarships in early July.The scholarships are conditioned upon recipients’ meeting all requirements for workshop participation, including timely submission of drafts, and will be capped at a maximum of $750 per person.

Information about the Workshop – including the Registration form, scholarship application form, and information for reserving hotel rooms – is available on-line at:

http://www.law.nyu.edu/journals/clinicallawreview/clinical-writers-workshop

If you have any comments or suggestions you would like to send us, we would be very happy to hear from you. Comments and suggestions should be sent to Randy Hertz at randy.hertz@nyu.edu.

-- The Board of Editors of the Clinical Law Review

June 2, 2015 in Clinic News, Current Affairs, Scholarship | Permalink | Comments (0)

Thursday, February 19, 2015

Clinical Law Review’s Clinical Writers’ Workshop: September 26, 2015, NYU

Via Kate Kruse:

The Clinical Law Review will hold its next Clinical Writers’ Workshop on Saturday, September 26, 2015, at NYU Law School. The registration deadline is June 30, 2015.

The Workshop will provide an opportunity for clinical teachers who are writing about any subject (clinical pedagogy, substantive law, interdisciplinary analysis, empirical work, etc.) to meet with other clinicians writing on related topics to discuss their works-in-progress and brainstorm ideas for further development of their articles. Attendees will meet in small groups organized, to the extent possible, by the subject matter in which they are writing. Each group will “workshop” the draft of each member of the group.

Participation in the Workshop requires the submission of a paper because the workshop takes the form of small group sessions in which all members of the group comment on each other’s manuscripts. By June 30, all applicants will need to submit a mini-draft or prospectus, 3-5 pages in length, of the article they intend to present at the workshop.  Full drafts of the articles will be due by September 1, 2015.

As in the previous Clinical Law Review Workshops, participants will not have to pay an admission or registration fee but participants will have to arrange and pay for their own travel and lodging. To assist those who wish to participate but who need assistance for travel and lodging, NYU Law School has created a fund for scholarships to help pay for travel and lodging. The scholarships are designed for those clinical faculty who receive little or no travel support from their law schools and who otherwise would not be able to attend this conference without scholarship support. Applicants for scholarships will be asked to submit, with their 3-5 page prospectus, by June 30, a proposed budget for travel and lodging and a brief statement of why the scholarship would be helpful in supporting their attendance at this conference.  The Board will review all scholarship applications and issue decisions about scholarships in early July. The scholarships are conditioned upon recipients’ meeting all requirements for workshop participation, including timely submission of drafts, and will be capped at a maximum of $750 per person.

Information about the Workshop – including the Registration form, scholarship application form, and information for reserving hotel rooms – is available on-line at:

http://www.law.nyu.edu/journals/clinicallawreview/clinical-writers-workshop

If you have any comments or suggestions you would like to send us, we would be very happy to hear from you. Comments and suggestions should be sent to Randy Hertz at randy.hertz@nyu.edu.

February 19, 2015 in Conferences and Meetings, Scholarship | Permalink | Comments (0)

Sunday, September 28, 2014

Clinical Law Review Writers' Workshop a Success!

Flights across the U.S. were snarled on Friday due to a fire affecting O’Hare, but system-wide flight cancellations and delays could not keep nearly 100 clinical faculty members from descending on NYU School of Law yesterday for a scholarship boot camp experience, but with kinder, gentler drill sergeants.  The annual event aims to support clinical faculty at all levels in their scholarship endeavors. 

As every clinical professor knows, publishing regularly is especially challenging in light of the significant supervision and practice-related responsibilities inherent in our positions.  The Clinical Law Review Workshop was created to help support clinical faculty in overcoming those challenges in order to become and remain high quality scholars.  The workshop is organized around small, thematically-focused groups.  This year there were fifteen groups ranging in topics from business law to juvenile justice to tax law.  All participants apply to participate in the late spring and commit to complete a draft of their articles by September 1, when they exchange drafts with their group members.  They read one another’s drafts closely and then spend most of the day together offering constructive critiques, asking provoking questions, and sharing thoughtful suggestions to help take each paper to the next level.  Every group is moderated by a more senior clinical faculty member with significant publishing experience.

At the end of the day, all of the participants come together for a gloves-off  session providing tips on how to keep writing and place the papers that will soon be finished.  Kate Kruse of Hamline presented the results of a study by Robert Boice on scholarly productivity that showed that professors who wrote every single day produced four times as much scholarship as a control group who wrote in blocks of time (64 pages versus 17 pages).  Those who wrote daily AND were accountable to another person for reporting their writing time were over nine times as productive as those who wrote in blocks of time (157 pages versus 17 pages).  Michele Gilman of Baltimore reviewed the submission cycle, submission strategies, and provided links to resources such as Writing for and Publishing in Law Reviews found here and a law review template to format one’s article before submission.  She even explained the influential power and significance of the asterisk footnote and why one might consider denoting on one’s CV or professional biography when one is writing for a symposium issue.

This is my ninth year as a professor and the second time I have participated in the Clinical Law Review Workshop—first as a junior professor and now as a mid-level professor.  Both times I received feedback that fundamentally changed the scope and framing of my research and learned submission and publication tips and strategies that I believe have and will continue to make a difference in my scholarship.  I will be back.

There are few professional experiences that are as positive and invigorating as a day immersed in our national and international clinical community—participants came from Croatia, Brazil, Poland, Arizona, Wyoming, D.C., Texas, Florida, Massachusetts, and many more.  As Mary Helen McNeal of Syracuse University observed on the clinic listserv today, ours is an especially “supportive and caring community.”  The Clinical Writer’s Workshop, under the leadership of Randy Hertz of NYU, is an annual reminder that these values and attitudes are not limited to how we treat our students and clients, nor is it limited to our teaching and supervision--it is how we treat one other and our scholarship.

If you have not yet participated in the Clinical Writer’s Workshop or have not done so recently, I strongly encourage you to keep an eye out for the application information next spring.  Keep in mind that, historically, the event has been free thanks to the generosity of NYU School of Law and there have even been a limited number of scholarships available to help offset travel costs, which helps to ensure that the workshop is affordable and inclusive.    

In the meanwhile, keep writing every day, remember to create accountability for your writing time with a friend or colleague, and know that there is a large and caring community here to support you, not just with your teaching and supervision, but with your scholarship as well.

September 28, 2014 in Conferences and Meetings, Scholarship | Permalink | Comments (0)

Tuesday, June 10, 2014

Funding Opportunity for Law School Clinics

Our nation is currently witnessing headlines about the busing of hundreds of unaccompanied children across the Southwest from Texas to Arizona, where they are being warehoused, but there are tens of thousands more unaccompanied children in our nation who are not making headlines.  All need our help.  Tomorrow Gannett is publishing an op-ed I wrote about the need to provide legal representation for these children.  It can be found here

Law school clinics interested in this issue should consider applying for the AmeriCorps grants that the Obama administration announced on Friday to provide legal representation for these and other migrant children who are in similar circumstances (see NYT article).  Information about the grants can be found at this site.  The targeted jurisdictions for the grants are:  Arlington, VA; Atlanta, GA; Baltimore, MD; Bloomington, MN; Boston, MA; Charlotte, NC; Chicago, IL; Cleveland, OH; Dallas, TX; Denver, CO; Detroit, MI; El Paso, TX; Hartford, CT; Kansas City, MO; Las Vegas, NV; Memphis, TN; Miami, FL; New Orleans, LA; New York, NY; Newark, NJ; Omaha, NE; Orlando, FL; Philadelphia, PA; Phoenix, AZ; Portland, OR; San Antonio, TX; San Diego, CA; San Francisco, CA; and Seattle, WA.

If you need background in preparing your application, an excellent study about these children was just published by UC Hastings with the support of the MacArthur Foundation.  I recently wrote a brief law review article arguing for the appointment of government-funded attorneys and personal representatives to help unaccompanied children navigate the legal labyrinth they face.  If you would like to talk or need help with your application, please don’t hesitate to contact me.  You will also find tremendous resources among our our colleagues who are immigration law faculty.  They are a font of knowledge, passion, and commitment.  Good luck!     

June 10, 2014 in Current Affairs, Immigration, Job Opportunities & Fellowships, Juvenile Justice, New Clinical Programs, Scholarship, Television | Permalink | Comments (0) | TrackBack (0)

Thursday, May 22, 2014

Time for Summer Writing

By now, most of us have donned our academic regalia for commencement and wished our new alumni well on their bar preparations and the launch of their legal careers.  Time to take a deep breath, plan your well-deserved family vacation, and drop off that seven-pound load of professional clothes at the dry cleaner (finally!).  We now have twelve weeks ahead of us before we start ramping up for the Fall 2014 semester.

Twelve weeks?  Not coincidentally, twelve weeks is just enough time to write a high-quality law review article.  Now you might think that as clinicians we are not bound by scholarship obligations, and at your school you might be right technically, but the fact remains that we have chosen to work in a profession in which scholarship, not practice, is the coin of the realm.  Thus, regardless of your school’s published criteria for the advancement of clinical faculty, you should consider using a substantial portion of your summer for scholarship so that your purse is full of academic currency.

If you want to get "rich" this summer, academically speaking, here are ten basic tips for productive writing:

  1. Even though classes may have ended, do not change your schedule.  Go to the office every day, all day and write.  Our academic associate dean here at Willamette once told me that the first step to being a productive writer is putting your backside in your chair and keeping it there.
  2. Block your time and be disciplined.  I remember reading that we are only highly productive for a few hours per day.  Identify what those hours are for you and schedule your writing blocks during those periods.  During your writing periods, turn off email and close the Internet browsers.  ALWAYS.  Do not open them until your writing time has ended.  Use the other four hours or so for less demanding work such as reading, researching, and answering emails.
  3. Quantify your writing.  Some professors I know mandate that they write a certain number of words per day.  Others require that they write for a certain length of time.  Regardless of how you measure your output, set quantitative writing goals and allocate sufficient time to achieve them.
  4. Set qualitative writing goals.  It is not enough to write a lot or even regularly.  You must improve your writing through researching, outlining, developing, drafting, revising, proofreading, and external editing and feedback.  Develop a 12-week writing plan that includes all of these stages to ensure that your work is high-quality.  A resource to help you can be found here
  5. Don’t wait for days of uninterrupted time.  They will never come, or at least, not very often.  Even during the summer, requests for letters of recommendation and bar references continue to stream in, some clinic cases are still active, and many of us are engaged in summer teaching, supervision, and are presenting at conferences.  Do not let these prevent you from writing this summer.  When I first joined the academy, I read a book about how to be a successful professor.  It referenced a study that showed that professors who worked on their scholarship every day, even for just one hour, were far more likely to get tenure than those who wrote in blocks of uninterrupted time.  So write every day.
  6. Ask for (and offer!) help.  I suspect that many doctrinal law professors are introverts and many clinical law professors are extroverts (which is what makes our conferences such a riot!).  The consequence of this is that we may need to develop writing partnerships or even writing support groups with whom we can talk about our writing, set goals, exchange drafts, and hold one another accountable.
  7. Write your first draft from your own ideas.  One of the criticisms of my early academic writing is that my voice did not come through.  I was lacking confidence and so would hide behind third-party authorities and quotations from “experts.”  The suggestion of Martha Minow, Dean of Harvard Law School, for overcoming this very common characteristic in emerging academic writers is that we should write the first draft without reference to resources.  Simply write your own ideas down and then build out from there.  That way, your voice and ideas form the core of your piece.   
  8. Tap into your passions.  At a workshop for new clinical professors, I remember being in a working group about scholarship led by Philip Schrag.  An intelligent young woman said that she did not have any expertise or ideas to share in scholarship.  Professor Schrag spent just seven minutes asking her about her experiences and background and identified 3-4 topics for law review articles based on her interests and experience.  Don’t undervalue your ideas and experiences.  If you need to brainstorm, call someone.  If you don’t know whom to call, call or email me (916-719-7796; wbinford@willamette.edu) and I will try to help you brainstorm or get you matched with a mentor.
  9. Remember that the prime submission cycles are August and late January/February.  Plan to submit your summer work during those periods for the best placement.  ExpressO is a popular portal for submitting law review articles to numerous journals simultaneously. 
  10. If you would like to present your article in a supportive and scholarly workshop before submission to a law review, consider applying to the Clinical Law Review’s Writers’ Workshop to be held at NYU Law on September 27, 2014.  The deadline for applying is June 30.  More information and the application can be found here.

Now, enjoy your summer and write on!

 

 

 

May 22, 2014 in Books, Conferences and Meetings, New Clinical Faculty, Scholarship | Permalink | Comments (1) | TrackBack (0)

Thursday, April 24, 2014

As a follow up to my blog post on Monday, "Do Women Professors Underperform" (http://lawprofessors.typepad.com/clinic_prof/2014/04/do-women-professors-underperform.html), I wanted to share a tweet I caught late last night from Karen Shook (@TimesHigherArts), the books editor for Times Higher Education: "I receive many confident emails from scholars recommending I cover their books. Some are novices, some are eminent. Almost none are women." Apparently, not only do we write and cite ourselves less, we also do not ask for reviewers to read our scholarly works. If we are uncomfortable because we view these acts as crass self promotion, I suggest that we form circles of support that include both men and women from within and outside our institutions and ask them to read our works and, if they like them, share and promote them with others. We know that women are generally better received when other people promote our work than when we promote our own, so as you are preparing for your summer writing, ask yourself, "Who comprises my circle of supporters?" If you don't have one, start building one. Just as importantly, ask yourself, "Whom can I support and promote?" And then build time into your schedule to do just that.

April 24, 2014 in Books, Scholarship | Permalink | Comments (0) | TrackBack (0)