Spring 2016 Volume 24, Issue 1

CLEA NEWSLETTER Co-Presidents’ Message, continued.  Tribute to Gary Palm

 Articles on Clini- cal Education

 CLEA Strategic Co-Presidents’ Message Plan  Upcoming CLEA It is our pleasure to serve as Co- Events Presidents of CLEA this year. We are for- tunate to have an enthusiastic board and  Upcoming Clini- energetic committee members. With over cal Events 1,300 members, CLEA has been support- ing and empowering our clinical col- leagues through programs such as the bi- ennial New Clinicians Conference and taking Margaret E. Johnson Maritza Karmely on significant advocacy issues on a nation- (Baltimore) (Suffolk) al and state level. Given the changes in CLEA Co-President CLEA Co-President legal education, we are looking to the fu- ture of legal education. Our major initia- tive has been to help CLEA undergo a spective on how CLEA best meets its mis- meaningful strategic planning process. We sion. CLEA shared the findings of the fall hope to create a plan that will be targeted survey with membership by email and pre- and useful for the organization and, more sented the results during the January 2016 Inside this issue: importantly, for its membership in the Board and Membership meetings held at coming years. We will be working with Fordham law school (the results are linked to Co-Presidents’ 1 our terrific Co-VP’s, Benjie Louis and in this newsletter as well). Since the January Message Beth Schwartz, to incorporate the strate- meetings, we have surveyed CLEA Commit- gic plan and determine ways to measure tee and Board members with more specific CLEA Committee 4 the performance for each major goal we questions based on the earlier survey re- Reports identify through this process. sponses. These survey results have helped Creative Writing & 7 Strategic Planning shape our focus areas for the upcoming stra- Clinical Articles How can CLEA best serve its members tegic planning retreat this spring. We hope Moves, Honors & 23 today and in the future? This question, you can join us at the CLEA membership Promotions and many others, are at the core of meeting, held during the clinical confer- New Clinicians 27 CLEA’s current strategic planning pro- ence on Saturday, April 30, 2016. At this cess. The strategic planning began last fall meeting, we plan to update the member- Books & Publica- 28 when CLEA surveyed you, CLEA’s mem- ship on the strategic planning process. tions bership, to gather data and learn your per- Continued on p. 2 Upcoming Events 31 Page 2 Volume 24, Issue 1 Co-Presidents’ Message, continued. The membership meeting will be held at 6:30 p.m. on will significantly improve the quality of field placement April 30, in Harborside E of the Baltimore Marriott courses for other kinds of placements. Waterfront, which is the conference hotel. As is the Our advocacy committee has been hard at work at- custom, CLEA will provide drinks! tending ABA Council and Standards Review Committee While we are just at the beginning stages of the strate- meetings. In addition to Claudia Angelos, Co-Chair of gic planning process, we have learned the following the Advocacy Committee, Joy Radice, D’lorah Hughes, overall takeaways from the initial survey: (1) there is and Alex Scherr attended these meetings and continue strong consensus within the membership regarding the to help to advocate for clinical education. relevance and importance of CLEA's current mission What’s New on the CLEA Website (cleaweb.org)? statement, and of the organization's effectiveness in Are you interested in learning more about CLEA and fulfilling the mission; and (2) that the planning process our work? CLEA has several committees that do a provides an opportunity to enhance member engage- range of work such as advocacy, supporting regional ment and organizational communication. Some of the conferences, recognizing outstanding clinicians, student themes from the follow-up surveys include expanding attorneys, programs and projects through the granting of CLEA’s proactive and reactive advocacy work; increas- annual awards, and providing teaching resources ing its function as a clearinghouse for pedagogical best through the New Clinicians’ Handbook. CLEA’s web- practices; improving CLEA’s use of technology to ad- site will soon be upgraded and available on your vocate and provide pedagogy resources; and continuing phones/tablets. In addition, our website now hosts de- its work on diversity in the profession. scriptions of all of the various CLEA committees and Advocacy identifies the membership of each committee – please This year, CLEA, led by its Externship and Advocacy feel free to reach out to the CLEA committee members committees, continued its advocacy against the ABA’s if you are interested in learning more about the work proposal to remove the interpretation that banned they do for our community. As always, our website in- credit for field placements when students receive com- cludes CLEA’s mission, updated job listings, and other pensation. Despite the excellent advocacy by CLEA’s important information about clinical legal education. members, the ABA Council on Legal Education and Upcoming Events Admissions to the Bar did remove that interpretation CLEA membership meeting, Saturday, April 30, 2016, on March 11, 2016. As Alex Scherr, co-chair of the at 6:30 p.m. in Harborside E of the Baltimore Marriott CLEA Externship Committee, informed the clinic Waterfront. As is the custom, CLEA will provide an community, this change will pose a substantial chal- open bar! We also hope you will stay for the AALS Sec- lenge to externship courses, to clinics generally, and to tion on Clinical Legal Education’s Townhall, which is law schools in the coming years. planned right after our membership meeting. CLEA was successful in helping to shape changes to We look forward to seeing you in Baltimore! the ABA standards governing field placement courses. Maritza Karmely and Margaret Johnson, The ABA created a new Standard 304(c) and repealed Co-Presidents, CLEA former Standard 305(e). The new standard aligns the requirements for field placement courses with those for clinics and simulation courses. It confirms that field placement courses must be educational experiences taught by faculty, carefully supervised, and focused on the student’s professional development. Accordingly, it Page 3 Volume 24, Issue 1

CLEA Events in Baltimore: CLEA Events in Baltimore: CLEA Board of Directors Meeting Membership Meeting Friday, April 29, 2016 10:00 am — 11:30 am Bogomolny Room, University of Baltimore Saturday, April 30, 2016, 6:30 pm — 7:30 pm Student Center Harborside E, Marriott Baltimore Waterfront Hotel 21 West Mt. Royal Ave., Baltimore, MD Baltimore, MD

CLEA Strategic Planning Survey Thanks so much to those of you who participated in our CLEA Strategic Planning Survey at the end of 2015. We received a number of responses. The data we collected was valuable; we used the information during our membership and board meetings in early January and will continue to analyze the data as we prepare for our CLEA board retreat at the end of April.

The overall takeaways from the survey indicates that (1) there is strong consensus regarding the relevance and importance of CLEA's current mission statement, and of the organization's effectiveness in fulfilling the mission; and (2) the planning process provides an opportunity to enhance member engagement and organizational communication. You can view the results of the survey here.

We will continue to reach out to our terrific membership as we continue with the strategic planning process.

2016 CLEA Executive Committee From the CLEA Board Margaret E. Johnson (Baltimore), Co-President The Legal Writing Institute (LWI) has asked that we circulate to CLEA Maritza Karmely (Suffolk), Co-President membership LWI’s Statement of Best C. Benjie Louis (Hofstra), Co -Vice President Practices regarding the 405(c) status Beth Schwartz (Fordham), Co -Vice President positions. CLEA does not adopt this statement, but is circulating it to Laura McNally-Levine (Case Western), Secretary provide our membership with this Praveen Kosuri (UPenn), Treasurer information. We appreciate LWI as an ally. Janet T. Jackson (Washburn), Immediate Past Co- President AALS Clinical Legal Education Town Hall

Mary Lynch (Albany), Immediate Past Co - The Section’s Town Hall meeting will be held on President Saturday, April 30, at 7:30 p.m. immediately after the 2016 CLEA Board of Directors CLEA Membership meeting. Both meetings will take place in Harborside E in the Baltimore Marriott Tamar Birckhead Martina Cartwright Waterfront Hotel and both will have open bar! Melanie DeRousse Anju Gupta Externship Events at the AALS Clinical Conference Laila Hlass D’lorah Hughes Lisa Martin Perry Moriearty Externship Committee Meetings: Sunday May 1, 2016, 7:30—9:00 am and Tuesday, May 3, from 7:30-8:30 Tiffany Murphy Joy Radice am, Location TBA Joanna Woolman Steven Wright Externship Dinner, Sunday, May 1, 2016 at 7:30 pm at B-“A Bolton Hill Bistro”. Please RSVP by 2016 CLEA Executive Committee Thursday, April 28. Page 4 Volume 24, Issue 1 Spring 2016 ABA Advocacy Committee Report By Kate Kruse & Claudia Angelos ternships are likely to result in im- tude to the Externship Committee for proved experiences for students and its hard work on these issues. better control by externship faculty In the coming year, the CLEA Ex- The bad news is that the prohibi- ternship and Advocacy Committees tion against employers paying stu- will be gathering data on how law Claudia Angelos Kate Kruse (Mitchell dents who are participants in credit- schools are responding to the removal (NYU) Hamline) bearing externships will be removed. of the ban on paid externships and on how those externships are shaping up At this writing, the new externship standards are available on: pages 17 in those schools that permit them. The ABA Council of the Section of – 2 4 o f : h t t p : / / On the ABA agenda for the coming Legal Education continues to tinker www.americanbar.org/content/ year, and so also on CLEA’s advocacy with the Law School Accreditation dam/aba/administrative/ agenda, are the regulations involving Standards. Over the past year, the l e - the minimum bar examination pass regulation most significant to clinical gal_education_and_admissions_to_t rates for law schools under the Stand- education that has been reviewed and h e _ b a r / ards, whether and how to require law amended involves externships. council_reports_and_resolutions/ schools to use a standard admissions CLEA, the CLEA Advocacy and Ex- March2016CouncilOpenSessionMa- test (at this point, the LSAT), and is- ternship Committees, and the extern- terials/2016_february_src_memo_to sues around diversity and inclusion in ship community have been deeply _ c o u n - law school admissions and staffing. engaged in advocacy on those issues. cil_re_comments_received.authcheck Stay tuned – and get involved – on It is likely that the proposed new reg- dam.pdf. A summary of the many these. ulations will go into effect after the comments received by the ABA sup- ABA House of Delegates meets in Finally, please let us know if you porting the improvements in the sub- August. There will be good news and hear tell of any activities in your state stantive regulation of externships and bad news. bars or supreme courts on the pro- opposing the removal of the ban on posals to add experiential prerequisites First, the good news. Externships paid externships is available at pages to bar admission. We are happy to will move out of the domain of “co- 3 – 7 of the same document. help you to work on these issues, as curricular” law school activities and The CLEA Advocacy Committee we have done in California and New into the realm of the curriculum. acknowledges and expresses its grati- York. More robust standards governing ex-

Best Practices Implementation Committee Report The newly-revived Best Practices discussion of ideas and recommenda- tion Committee in 2011, after it be- Implementation Committee is devis- tions for transforming legal educa- came clear that many changes were ing its plan for both increasing aware- tion. This book is a follow up to the well underway in legal education. ness of the book BUILDING ON BEST original book BEST PRACTICES FOR The current status of the 2015 book PRACTICES: TRANSFORMING LEGAL LEGAL EDUCATION, written by Roy is that it was published by Lexis Nexis EDUCATION IN A CHANGING WORLD Stuckey and self-published by CLEA with an agreement that it would be (Eds: Maranville, Bliss, Kaas, and Se- in 2007. The decision to publish a available for free as an e-book, on dillo Lopez) published in the summer follow up book was made by the line, with printed copies for sale. of 2015, and for sparking ongoing CLEA Best Practices Implementa- Continued on p. 5 Page 5 Volume 24, Issue 1 Report from Best Practices Implementation Committee, cont’d

However, Carolina Academic Press re- As soon as this new arrangement is sented about the externship rec- cently bought out Lexis Nexis’ print worked out, the Committee will post ommendations, and the challenges inventory, causing some confusion re- instructions on the CLEA website and of implementing the recommenda- garding the availability. Negotiations are will make announcements on the vari- tions, at the recent “Externships still underway, but the best guess is that ous list serves. In the meantime, the 8” conference at Cleveland- the book will remain available in hard Committee is setting up a strategy for Marshall in March. Please contact copy for sale for $50, but will now be making proposals for ongoing discus- us ([email protected] or Car- sold by Carolina, and will be available sion of the recommendations for cur- [email protected]) if you for download from Lexis Nexis at no rent and emerging best practices at vari- have questions, opportunities, or cost through the end of 2016. After ous upcoming conferences --within the ideas for continuing the dialogue that, there will be most likely be a fee clinical, experiential, and other legal edu- on the transformation of legal edu- for the e-book. cation communities. For example, the cation. authors of the Externship chapter pre-

Lisa Radtke Bliss Carolyn Kaas Debbie Maranville Antoinette Sedillo-Lopez (Georgia State) (Quinnipiac) (Univ. Washington) (New Mexico)

Report from CLEA Per Diem Committee It's almost time for the Clinical Con- Center can be made on-line on the PJC financial boost to the good work ference! As you're checking items off of w e b s i t e : h t t p : / / that they do! Help us hit our mark your to do before travelling list, here's www.publicjustice.org/. Click on the by making your donation today. one you can take care of today--your “Donate to the PJC” link in the upper donation to the Per Diem Project. right hand corner and in the Each year, CLEA’s Per Diem Project “Comments” box, please write Per Di- collects donations to support the com- em Project, so that PJC can keep track munity that is hosting our conference. of the donations. And if you're not Though it began with the collective do- ready to give today, you can bring your Cynthia Batt Leigh Goodmark nation of our per diem allowances, the checkbook or your cash with you to (Stetson) (Maryland) Project has evolved into a broader fund- Baltimore and give at the luncheon on raising initiative. This year, our recipient May 2. is The Public Justice Center. All checks should be made payable to The Public Justice Center works with PJC with a notation on the memo line people and communities to confront the that the check is for the Per Diem Pro- laws, practices, and institutions that ject. cause injustice, poverty, and discrimina- If every member makes a donation of Karla McKanders tion. Donations to The Public Justice just $50, we can provide an amazing (Tennessee) Page 6 The 2016 CLEA Awards for Outstanding Advocate for Clinical Volume 24, Issue 1 Teachers and Excellence in a Public Interest Case or Project University of Denver Sturm College of Professor Stefan Krieger, has just Long Island, where racial and eth- of Law, Civil Rights Clinic, completed a ground-breaking, multi- nic tensions still run high, and Decoteau v. Raemisch plaintiff housing discrimination litiga- where more and more local gov- This class action lawsuit, litigated by tion that lasted for over 10 years. In ernments are enacting laws aimed student attorneys and professors with 2004, the clinic began work on behalf of at reducing the places for poor the University of Denver Sturm College a number of tenants on a particularly immigrants to live. of Law Civil Rights Clinic, as well as complex and disturbing discrimination Both awards, along with the attorneys at the Civil Rights Education matter. Over the years, the landlord of a CLEA Award for Outstanding and Enforcement Center (CREEC), 54-unit building near the center of Advocate for Clinical Teachers resulted in the provision of outdoor ex- Farmingdale Village neglected mainte- (being awarded posthumously to ercise for prisoners at Colorado State nance of the building to force out ten- Gary Palm) will be presented at Penitentiary. For over twenty years, the ants, and the Village prepared a redevel- the AALS luncheon at the Clinical close custody prisoners who occupy opment plan for the area that displaced Conference on Monday, May 2nd. CSP – the vast majority of whom were any remaining tenants, most of them The Committee received an unu- held in conditions of solitary confine- low-income Latino laborers. The Clinic sually large number of outstanding ment – were only permitted to exercise filed a Fair Housing Act case (the nominations in the case/project in a cell similar to their living cell, with a “Rivera” case) on behalf of nine former category this year, and we congrat- narrow slit of a window that opened tenants in federal court alleging that the ulate all of the nominees on their directly to the outdoors. As a result, Village’s redevelopment plans for the extraordinary accomplishments. these prisoners went months, years, or building intentionally targeted Latinos even decades without feeling the rain or and that the developer and owner acted sun. As a result of this case, which arose in concert with the Village in its discrim- from an earlier individual lawsuit also inatory plans. The case set a number of litigated by the Civil Rights Clinic and significant precedents. Among other CREEC (Anderson v. Colorado), the things, for the first time in a written Colorado Department of Corrections opinion in a housing discrimination will construct three outdoor exercise case, a federal court recognized that Anju Gupta Perry Moriearty Co-Chair Co-Chair plaintiffs displaced from their communi- yards at CSP. The outcome in Decoteau (Rutgers) (Minnesota) has meaningfully contributed to the ad- ty because of discrimination can be vancement of civil rights, because a awarded damages for “loss of enjoy- group of students, their clinic profes- ment of life.” The case settled prior to sors, and a small civil rights nonprofit – trial with a consent decree that was an along with the incarcerated men who extraordinary victory for the clients. In served as named plaintiffs and constitut- addition to a substantial monetary ed members of the class - took on the award, each plaintiff was guaranteed Colorado Department of Corrections, housing in new developments, the Vil- ultimately obtaining for some 500 pris- lage agreed to set aside housing for low- Geneva Brown Kele Stewart oners the ability to exercise outdoors. and moderate-income residents, the Vil- (Valparaiso) (Miami) Maurice A. Deane School of Law at lage agreed that its officials will be Hofstra University, Law Reform Ad- trained in fair housing law and proce- vocacy Clinic dures, and the Village agreed to ongoing Jane Stoever The Law Reform Advocacy Clinic at compliance monitoring to ensure the (Irvine) the Maurice A. Deane School of Law at consent decree is being implemented. Hofstra University, under the leadership The case has significant ramifications on Page 7 A recurring column by Robert Kuehn CLINICAL COSTS: SEPARATING FACT FROM OPINION

The late Senator Daniel Patrick resident). Students at the University “significant changes would of Moynihan once observed, “everyone of the District of Columbia similarly course need to be made in what law is entitled to his own opinion, but must enroll in a seven-credit law schools expected of a good number not his own facts.” When it comes clinic in their second year and a sec- of their teachers.”3 A study of in- to expanding clinical legal education, ond seven-credit clinic in their third structional costs at American Uni- the knee-jerk opinion is that it is too year, paying $11,500 in resident tui- versity determined that the tuition expensive for legal education to fol- tion ($22,500 non-resident). Starting income generated by law clinic low the lead of other professional with the 2013 entering class, Wash- courses came very close to meeting schools and ensure that every stu- ington and Lee University requires the actual instructional costs to the dent graduates with a clinical experi- twenty academic credits in simulated school, concluding that although ence through a law clinic or extern- or real-practice experiences that in- clinical education was not a ship. Even the richest law schools clude at least one law clinic or ex- “financial cash cow” like large clas- couldn’t resist playing the cost card ternship. The professor overseeing ses, it is “far more financially feasi- to scare the ABA out of requiring the program explained that a review ble than some make it out to be.”4 additional professional skills train- of the first few years of the new cur- Professors Nancy Maurer and Liz ing: “Requiring all law schools to riculum showed it is “slightly less Ryan Cole analyzed salaries and stu- provide 15 experiential credit hours expensive than our former, tradi- dent/faculty ratios in various types to each student will impose large tional third-year curriculum. And . . . of courses and determined that the costs on law schools, costs that than our current first and second typical cost per credit hour of an would have to be passed on to stu- years.”2 Most recently, Pepperdine externship course was lower than dents. . . . Even a law school with announced that beginning with next the cost of a twenty-student class significant financial resources could year’s class, students must graduate and significantly less than a typical not afford such an undertaking.”1 with at least 15 credits of experien- twelve-student seminar.5 A subse- Yet, the facts show otherwise — tial course work, yet the school in- quent article compared instructional every school, from the well heeled creased tuition for 2015 by less than costs for law clinics, seminars, and to the impecunious, can provide a its average increase for the prior lecture courses and found that the clinical experience to each student three years. cost of instruction for a typical clinic without increasing tuition. Indeed, These examples are consistent course is less per credit per student an array of schools already require with studies showing that every than for a seminar with fifteen stu- 15 credits of experiential course- school can afford to require a clini- dents.6 work (simulations, law clinics & ex- cal experience for every J.D. stu- Dean Martin Katz recently pro- ternships) and a clinical experience dent. A study of ABA data on facul- posed a model comparing the costs (a law clinic or externship) for all ty salaries and teaching loads found of experiential education to tradi- their J.D. students without noticea- that while clinical courses were tional classroom courses that as- ble impacts on tuition. At the City more expensive than higher enroll- sumed clinics spend $45,000/year University of New York, students ment doctrinal courses, the curricu- on outside attorneys for summer must take a twelve- to sixteen-credit lum could be restructured to give coverage and $95,000/year on litiga- law clinic or externship prior to every student a faculty-supervised tion expenses.7 graduation, and at only $15,000 in clinical experience without changing resident tuition ($24,000 non- the size of the faculty, though Continued on p. 8 Page 8 CLINICAL COSTS: SEPARATING FACT FROM OPINION continued When his “basic model” is adjusted U.S. News ranking, and cost of liv- to include more realistic out-of- ing in the area are all significantly ential, law clinic, and externship pocket costs and survey data, rather related to tuition. Students at private courses, whether the school offered than assumptions, on clinical faculty schools pay on average over $19,000 sufficient capacity for every student teaching loads and lower salaries, more in tuition than students at to obtain a law clinic or externship the labor cost for a law clinic is half public schools, and schools on aver- experience before they graduate, and the cost of a seminar and less than age charge $1,000 more in tuition whether the school mandated or the cost of a traditional twenty- for each ten place improvement in guaranteed a clinical experience. Of student class.8 Externships are one- U.S. News ranking (e.g., a school the sixty relationships examined over third the cost of seminars and al- ranked 40th charges $1,000 more five years, only eleven were statistical- most one-half as expensive as twen- than a school ranked 50th, holding ly significant at the p-value ≤0.10 lev- ty-student classroom courses. other influences on tuition con- el (see charts at http: // These studies of instructional stant).11 These three variables alone law.wustl.edu/ClinicalEd/ costs demonstrate that externship have an adjusted R-squared value of documents/Kuehn - courses cost less than twenty- around 0.75, therefore explaining regressionsclinicalcourses.pdf). Yet of student podium courses and that about three-quarters of the total these eleven, ten (91%) showed an even law clinic courses cost less on variation in tuition among law unexpected inverse relationship be- average than seminars. Thus, if the schools and leaving limited room tween increased availability or capaci- ABA can require, and schools can for the possible effect of other fac- ty and tuition. That is, in 91% of the afford to provide, an upper-class tors. statistically significant relationships, writing experience for all students When these variables are con- average tuition went down as schools through a seminar taught by tenured trolled to measure just the relation- offered or required more experiential, faculty,9 then there is no basis to ship between increased course posi- law clinic, or externship courses. For claim that the costs to the school of tions or requirements and tuition, example, in 2014, as the ratio of a law clinic or externship experience there is no statistically significant available positions for students in law for every student are prohibitive. relationship between the availability clinics increased by one, average tui- But what about possible impacts of experiential, law clinic, or extern- tion decreased by over $1,700. If law on the tuition students pay, not the ship courses and tuition. Indeed, the clinics are more expensive for instructional costs to the school? To data even show that the increased schools to provide and if tuition is consider the effect that providing availability of those courses is asso- sensitive to such costs, one would more experiential or clinical courses ciated with lower tuition, standing expect tuition to rise as clinic posi- might have on the cost to students any claim of increased costs to stu- tions (and clinical faculty) are added. for their legal education, I examined dents from enhanced clinical educa- The data over five different years five years of school-report data on tion on its head. show just the opposite. the relationship between providing I arrived at this finding using an Because of discounting through or requiring more of these courses ordinary least squares (OLS) regres- grants and scholarships, a school’s and tuition. I published the results sion model to first examine any rela- advertised tuition amount does not from 2012 and 2013 data before,10 tionship between a school’s courses correspond to the net tuition the and here also include results for and its published tuition rate for school receives or the actual tuition 2011, 2014, and 2015. each year from 2011-2015. Thirteen many students pay. As an initial observation, a independent variables were tested, school’s public or private status, including the availability of experi- Continued on p. 9 Page 9 CLINICAL COSTS: SEPARATING FACT FROM OPINION continued

Although schools are not required or discounted tuition. Twenty-eight to publicly report their net tuition, relationships (82%) were inverse or ceived value of the degree to pro- using the reported 25th, 50th, and contrary to the claim that increasing spective applicants, not based on the 75th percentile amounts of average experiential coursework or requiring cost to provide the education. financial aid per student and the a clinical experience results in in- Schools then choose to allocate the percentage of full-time students re- creased costs to students. While sta- total amount received in various ceiving aid, a discount rate and net tistical relationships do not prove ways, some prioritizing clinical expe- tuition was calculated for each pri- causation and one should be hesi- riences for students while others vate law school. (The lack of com- tant to read too much into the 4 to 1 spending their tuition on different prehensive information on the per- ratio of inverse to positive associa- priorities (e.g., faculty salaries or re- centage of students at public schools tions with tuition, there is no basis search, academic centers, buildings). who pay resident vs. non-resident from the data to assert that students Some support for this last theory is tuition prevents a reliable estimate are, or would be, charged greater that I found no evidence that lower of the net tuition at those schools.) tuition when provided with or re- student-faculty ratios (a surrogate The relationship of experiential quired to take more simulation, law for higher instructional costs) or and clinical courses to discounted clinic, or externship courses. increased library expenses are asso- tuition even more dramatically de- Schools that are not providing these ciated with higher tuition during any bunks the opinion that increased enhanced clinical opportunities can- year from 2011 to 2015.12 clinical courses lead to higher tui- not claim that costs prevent their It is time to put to rest the canard tion. Of the thirty-nine course varia- students from enjoying this educa- that costs prevent the expansion of bles examined for 2013-2015, twen- tional benefit. experiential courses or a required ty-three results were statistically sig- Three reasons might explain the clinical experience for all students. nificant. And of these, 74% (17) absence of any relationship (or the Every school can afford to provide were inversely related to tuition — statistically significant inverse rela- 15 credits of experiential course- as the availability of the courses for tionships) between clinical courses work for its students, including a students increased, average net tui- and tuition. First, perhaps as noted, mandated law clinic or externship tion decreased in amount, in some instructional costs for clinical cours- experience. The facts show that it is cases consistently over all three es are not more, or not significantly the wills of the ABA, state bar ad- years. For example, the increased more, than the costs for many non- mission officials, and law school availability of experiential, clinical, clinical courses. Second, although deans and their faculties, not the and externship course positions all certain clinical courses might have costs of clinical legal education, that yielded statistically significant in- higher instructional costs, the over- are obstructing that progress. verse relationships with net tuition all amount of those costs is small in Notes for each year, with decreases ranging comparison to the many other sub- 1 Letter from Yale Law School Ster- from $2,762 to $669 for each one stantial costs that law schools incur ling Professors to ABA (Jan. 29, unit increase in course availability (e.g., non-clinical faculty salaries/ 2014); see also Letter from Paul G. for students. benefits, faculty research/ Mahoney, Dean, Univ. of Virginia In sum, regressions on ninety-nine publication costs, building costs). School of Law to ABA (Jan. 30, independent experiential and clinical Or third, perhaps law school tuition 2014) (requiring 15 experiential course variables over a five-year pe- is driven by demand rather than credits “would be punishingly ex- riod yielded thirty-four statistically costs — schools set prices to reflect pensive and would necessarily drive significant relationships with tuition the prestige of the school and per- up tuition”). Continued on p. 10 Page 10 CLINICAL COSTS: SEPARATING FACT FROM OPINION continued

2 James E. Moliterno, Long-Overdue Placement Courses, 19 CLINICAL L. Robert Kuehn Medicine for What Ails Law School, LITI- REV. 115, 157-8 (2012). 6 GATION, Fall 2014, at 54, 57. Cody Thornton, Note, Shared Vi- is Associate Dean of 3 sions of Design and Law in Professional Peter deL Swords & Frank K. Wal- Education, 6 NE. U. L.J. 21, 70, 79– Clinical Education & Professor of wer, Cost Aspects of Clinical Education, 80 (2013). Law in CLINICAL LEGAL EDUCATION: 7 Martin J. Katz, Understanding the REPORT OF THE ASSOCIATION OF Costs of Experiential Legal Education, 1 at Washington University School AMERICAN LAW SCHOOLS— J. EXPERIENTIAL LEARNING 101, of Law. AMERICAN BAR ASSOCIATION 116-17 (2014). COMMITTEE ON GUIDELINES FOR He can be reached at 8 Robert R. Kuehn, Pricing Clinical CLINICAL LEGAL EDUCATION 133, [email protected]. Legal Education, 92 DENV. U. L. 184-85 (1980). REV. 1, 23-24 (2014). 4 David F. Chavkin, Experiential 9 Learning: A Critical Element of Legal AM. BAR ASS’N, ABA STANDARDS Education in China (and Elsewhere), 22 AND RULES OF PROCEDURE FOR APPROVAL OF LAW SCHOOLS, Std. PAC. MCGEORGE GLOBAL BUS. & 303(a)(2) & Int. 303-2 (2015-16). DEV. L.J. 3, 13–14 (2009). 10 Kuehn, supra at 27-39. 5 Nancy M. Maurer & Liz Ryan 11 Id. at 28-29. Cole, Design, Teach and Manage: En- 12 suring Educational Integrity in Field Id. at 41.

Tribute to Gary Palm (1942-2016)

the fight for justice and clinical educa- remedy my cultural deficiencies by tion, there was nothing he wouldn’t accompanying her to the opera, muse- do. On reading the tributes that ums, lectures, etc., and he could hardly poured into the clinic listserve on do enough to support her during her news of his passing, I realized that long illness. With my kids, I had origi- ON GARY PALM what I thought of as our own special nally thought his bond was unique, relationship was just a small part of his but have since happily learned that his By John Elson web of special relationships that he generosity to the kids of his other

created for everyone who stood in friends, of his law students, and of his When I think of Gary, which is often common cause with his many strug- sister was similarly boundless. these days, big is what comes to mind; gles. But Gary’s loving qualities are obvi- not just because he was big in stature, As for my life he was transforma- ously not why most in our community but far more because he was big in his tive, launching my career in clinical will remember him. He will be re- love and his devotion to justice and teaching in 1971, guiding me through membered for his lifelong commit- fairness. For sure, when most people the morass of ABA politics and since ment to principles of justice and fair- recall Gary, love is not what comes to our first meeting in 1965 as first year ness, but not uniquely so. What makes mind. And, certainly, for those who law students a source of unwavering me so proud to be counted among the stood in the way of his vision of friendship. To my family, he was a ranks of clinical teachers is how widely “what is to be done,” he could be ob- constant presence; as my wife’s closest and deeply that commitment is shared durate, even to some intimidating. male friend for 50 years, he helped But, for his friends and colleagues in Continued on p. 11 Page 11 Tribute to Gary Palm, continued throughout our community. Rather, a fighting to play, in legal education. At good part of what distinguishes Gary’s the Mandel Clinic in the late sixties, commitment was how he approached Gary and Mark Spiegel pioneered practicing and teaching “getting to every client, every case and, indeed, methods for both supervising law stu- yes” approaches to conflict resolution, every problem as potential symptoms dents on real cases and operating a Gary’s antagonism could be discomfit- of deeper, systemic problems requir- poverty law office in the peculiar envi- ing. Nevertheless, to me, and I believe ing systemic solutions. He did this, for ronment of a law school. Generations others, it has been a continuing spur example, when: his work with the Illi- of clinical teachers who either were his to greater introspection and fortitude. nois Human Rights Commission re- clinic students or, as in my case in the For example, when I had succeeded sulted in a decision he argued before early seventies, had worked as clinical Gary on the Accreditation Committee the U.S. Supreme Court which ad- teachers under his leadership, are, per- and a dean “complimented” me for vanced due process rights for the na- haps, the best evidence of the debt we advocating the same positions as tion; his work on child support collec- owe Gary for having blazed a peda- Gary, but being much “nicer” about it, tion practices for mothers on welfare gogical path that many now take for I thought Gary would not be proud succeeded in pressuring County gov- granted. And, finally, for those of us and I should be pushing harder ernment to adopt fairer, more efficient concerned with how the ABA Section against the committee consensus. procedures and; in his last years, his of Legal Education has treated our When I did that, not surprisingly, work to reform Illinois condominium status in the legal academy, including sometimes it worked and sometimes governance resulted in state appellate our job security and role in faculty not. and supreme court decisions mandat- governance, as well as how it has Which approach is more effective ing more openness and orderliness in needed to do more to promote the depends, of course, on the power dy- how condo boards operate. When he admissions of minority law students, namics of each problem situation. For died, he was working on litigation to Gary has played a pivotal role by most of us, however, being nice as the remedy some of the unfairness in the closely monitoring Section of Legal default makes for a more natural and ways banks foreclose on mortgages. Education developments, devising happier way of living one’s life. In Gary was, of course, not the only pov- strategies for change, criticizing every- “Gary’s way” I believe there is, none- erty lawyer among our ranks who fo- one’s shortcomings and always push- theless, a lesson for our movement. cused on systemic remedies. Another ing hard for reform. We badly need outliers like Gary, who pioneer of clinical education, Gary Gary was, of course, no Saint Fran- will show us what it means to be un- Bellow, immediately comes to mind. cis. His adversaries in litigation, deans compromising both in upholding the Nevertheless, it’s hard to think how in the ABA power structure and even principles we share and in holding all our students and poverty lawyers in our own CLEA officers sometimes of us to account for living up to those general could have any better role found him too uncompromising and principles. Without Gary for the last models for achieving law reform than antagonistic. In response, Gary ration- four decades as our movement watch- these two Garys. alized a theory of “creative conflict,” dog and prod to fighting harder, we For the readers of this Newsletter, positing in the spirit of fellow Chicago would not be where we are today. however, Gary P. will be most remem- Southsider Saul Alinsky that confront- What I should have said both long bered for how he shaped, fought and ing the establishment with tough, un- ago and many times is “thank you sacrificed for clinical education. As compromising demands for justice Gary” for what your life has meant to others have recounted, Gary and oth- and fairness would not only unsettle me and to the causes I most deeply ers of the “gang of eight” instigated the status quo and wring concessions, believe in. the strategies to start clinical education but would also spur those of us who down the road toward the indispensa- supported Gary’s causes to push even ble role it has played, and is still harder. To those of us who favor Tribute, continued on p. 13 Page 12 Tribute to Gary Palm, continued Remembering Professor Emeritus against the infamous consent decree around the students’ cases while oth- Gary Palm that the ABA agreed to that restruc- ers (including me) advocated for a By Elliott S. Milstein tured the accreditation process. After syllabus-based course built around a Gary Palm was a passionate champi- his term ended he became an outside simulation. I later came to believe, as on of in-house clinical education. He advocate for the things he believed. did many others, that both approaches was a warrior in the never-ending bat- And, for the rest of his life, he carried were right and thus the clinical course tle over faculty status, a fight that he on this fight, unafraid of irritating and should have both a syllabus based carried on both for the benefit of all angering some and still able to find course and case rounds. of us and, in the end, for himself. He allies among others. He also taught We both adopted the Bill Pincus was a member of the founding genera- those who came behind him how to view of what was important. Clinical tion of clinical teachers and I had the carry on the fight and became an im- education should be in-house, stu- honor of knowing him from the be- portant mentor to many. dents should have responsibility for ginning. And, while we often disa- It was in June of 1973 that I first poor clients in the real world, close greed on tactics, we shared the belief met him. We were among the fortu- supervision should be provided by real that because clinical legal education is nate participants in a conference that lawyers who were full members of the important to the cause of justice, it is the Council on Legal Education for faculty, students should receive aca- worth fighting for. Professional Responsibility (CLEPR) demic credit, faculty needed to be Gary believed that high quality clini- held (the Buck Hill Falls Conference) trained, and the funding for clinical cal education is only possible if there midway through its ten years of exist- education should be provided by the is a permanent cadre of trained, com- ence. Much that is now taken for law school. We attended more of mitted, and able faculty members in granted was still in the formative stage CLEPR’s conferences together. It place to achieve its goals. He also un- in the development of clinical educa- was interesting to me to look at the derstood that the reform of law tion. Would there be a law office in roster of those who attended the 1973 schools would only succeed if outside the law school or outside of it? Who conference and see that Gary and I pressure moved them in that direction would be the faculty and how would were among the few there who spent and if clinicians had political power they be trained? What kinds of cases the rest of our careers as in-house within their law schools. He saw the would students handle? What would clinical teachers. importance of the ABA as a potential be taught to the students? What was Our joint project came together at change agent and worked, sometimes lawyering and how would we develop CLEPR’s last conference in 1979, the as an insider and mostly as an outsid- the knowledge we needed to teach it? legendary Key Biscayne Conference. er, to get it to play that role. According to the post-conference nar- Eight clinicians were somehow ap- Gary was elected to the Council of rative, Gary spoke about the im- pointed to lead the effort to carry for- the Section on Legal Education and portance of community-based lawyer- ward CLEPR’s mission, Gary and I Admissions to the Bar. He advocated, ing and of using the cases as the basis among them. And it was through this often successfully, for advancing the for student learning. With his unusual work that I got to see and benefit from his abilities as a leader, an advo- things that matter to us in the accredi- career trajectory, having come from a cate and as a negotiator. Within a few tation process, such as increasing re- big firm rather than legal services and years we had successfully negotiated quirements for experiential education, public defender programs like most of with both the ABA and the AALS to improving the academic rigor of ex- us, he seemed perfect to be at the con- put in place some of the structures ternships, defining and enforcing the servative, elite University of Chicago. that have been central to the growth governance rights of clinical teachers, Gary and I went on to attend other of clinical legal education. The AALS CLEPR conferences. He took the and ensuring the participation of clini- agreed to host an annual clinical teach- cal teachers in the accreditation pro- positon that the seminar component cess. During his term, he fought of the clinical course should be built Milstein Tribute to Palm, cont’d on p. 22 Page 13 Tribute to Gary Palm, continued Gary Palm Tribute Dear clinical colleagues: By Claudia Angelos I am so sad to report that Gary Gary Palm, a founder and leader of Palm died today. The older among us His advocacy through disruption (or clinical legal education and its most will remember what a fighter he was whatever he called it), did alienate inexhaustible advocate, died on Febru- for so long for clinical education, what some, but almost always worked, at ary 14, 2016, at the age of 73. an inspiration and mentor he was for least to achieve many important goals. Gary was an Order of the Coif grad- generations of law students and clini- He wasn't afraid to call anyone on BS. uate of the University of Chicago Law cal teachers, what a great strategist he But he was so kind. I know how School. In 1970, he joined Chicago’s was for advancing the clinical move- much you will miss him. I will miss faculty and became the director of its ment, what a force he was for progres- him, too. Mandel Legal Aid Clinic, where he sive, systemic change in the law and Vanessa Merton: had worked as a student, and where he how much he would go out for his What Kim said, exactly. Original, pro- stayed until 2000. He transformed the friends. In his battles for what he vocative, unafraid, indefatigable, kind law practice of the clinic and the thought was just, he alienated many and generous – and often funny as teaching of its students. Throughout people, and sometimes, even I hell. Also, as John says, a brilliant his career and up until his death, Gary thought he had gone a bit too far. But, strategist, savvy tactician, and artful, was deeply involved in the national he usually picked the right enemies virtuoso advocate. I’d like to believe clinical movement, both among us and he was almost always vindicated. that he’s already met up with Mr. Jus- and as an advocate for regulation sup- I wish I could have had more of his tice Scalia and is straightening him out porting and protecting our pedagogy. audacious resolve. about a few things. We shall not see He was the first clinical teacher on the He was the most important person Gary’s like again. ABA Accreditation Committee and in my career, hiring me as a clinical Alan Minuskin: served for six years on the Council of fellow at U of Chicago’s Mandel Legal the ABA's Section on Legal Education Clinic in 1971, supporting me in every Thank you, John, for letting us all and Admissions to the Bar. He be- phase of my work in clinical education know and for your words about Gary. deviled those bodies on behalf of clin- and being a loving friend to my late He was courageous, inspiring, and ical education both while a member wife and my kids. From almost our unstoppable. My experience of him and afterward. first day in law school, we were best was similar to Kim's -- many provoca- Gary was a powerful, provocative, friends. For the last several years, he tive conversations that always left me and consequential member of our suffered from a variety of illnesses, with a much better understanding of community. He is not easy to pin which he fought against with incredi- our work, our workplaces, and the down. His combativeness and his ble resolve. importance of the clinical education movement. As a young clinical teach- kindness; his sense of outrage and his I will miss him deeply and I know er, I benefited greatly from his insight, sense of humor. Many who knew him that feeling will be shared by a great tenacity, generosity, and humor. recounted memories, shared grief, and many in the clinical community that gave tribute to Gary in a series of he loved so much and that he labored Nina Tarr: emails that followed in the days after for constantly throughout the last half What a terrible loss. He did so much his friend and colleague John Elson century. for so many. announced his death on our listserv. Kim O’Leary: Annette Appel: These voices capture far better than I Oh John, this makes me so sad. Gary What a loss. He was a funny and fierce alone could the impact that Gary had was a complete original. When I start- and an original. on us all. They are reproduced below, ed teaching, he engaged me into con- starting with John’s notice. versations that were provocative and Tribute, continued on p. 14 John Elson: energetic and completely respectful. Page 14 Tribute to Gary Palm, continued Richard Boswell: Claudia Angelos: (Disturbingly and also sadly, not much This is so sad. Gary was the heart and How, on his passing, to take the meas- has changed over the decades.) I took soul of the clinical movement. So ure of someone so very consequential Gary to a nighttime neighborhood many of us owe him so much for pav- as Gary? To those of us who knew meeting. He had been working at a ing the way. I can't count the number him, he was a ferocious, loving, deeply downtown corporate law firm before of times he would send words of en- connected advocate for everything we he had gotten the Mandel Clinic job, couragement. You could always count believe in, our clients, causes, and stu- and at first he was somewhat taken on him and he will be sorely missed. dents, and we know how much we aback about where we were and what Suzanne Levitt: owe him. For those of you who did had to be done. But he quickly How can any of us, in words, possibly not, the rest of us testify that we owe enough became a strong advocate for express the loss of Gary? I can only our pedagogy and our place in legal social justice whose positions reflected really say that I am sad for those new education in no small way to Gary deep ties to community activists and and future clinicians, law students and Palm. His fearsome creative conflict neighborhood residents. He also be- colleagues that won't have the oppor- kept us honest and moving forward; came a much needed thorn-in-the-side tunity to know him personally. They his extraordinary sense of mischief to the Chicago Law School faculty, will, though, know him through his kept us laughing and on our toes. which did lead to dramatically trans- work. And he always drove me to the air- forming the Mandel Legal Aid Clinic Jeanne Charn: port. but for which he paid a deep price in I echo the tributes and memories of Mark Aaronson: the end. When more than 20 years Gary Palm – especially John and I first met Gary in spring 1970 shortly later I was hired by UC Hastings to Kim’s remarks. He was such an im- after he was hired to become the Di- start its in-house clinic program, Gary portant, persistent, unique and loyal rector of the Mandel Legal Aid Clinic, was there to make sure that I never colleague in the founding years of clin- which at the time was a neighborhood lost sight of the need to push from the ical education and for every decade office of the Chicago Legal Aid Bu- left to help make sure that clinical legal since. He was an original and will be reau located in the basement of the education did not veer off track in its greatly missed. law school. It offered students extra- efforts to achieve much-needed chang- es within law schools and within the Paul Bennet: curricular opportunities to assist poor larger society. Gary was a relentless advocate for clients but had no connection to the In a good sense, Gary was a pariah. all clinicians. And he never pulled any educational curriculum. Having grad- He was an outsider who said what had punches about doing the right thing. uated from the law school the year to be said whether popular or not. He Here are a few Gary Palm quotes before, I was a Reggie (the short des- was truly authentic in his convictions, from emails to this listserv. ignation for fellows directly funded by the OEO Legal Services Office) as- in his bearings, and in his soul. The “I reject allowing any political consid- signed to the Clinic and had spent the world is a lesser place without him. erations to trump what is right.” year not much supervised to work in Margaret Martin Barry: “But most importantly, this action the community and on legal aid cases. I agree with Richard thoroughly -- would be just.” Because I was leaving shortly as my Gary was indeed the heart and soul of “We cannot allow a further decline in wife had a job elsewhere, I was con- the clinical movement. Not only minority enrollment and must act to- cerned who would pick up some of would Gary send words of encourage- gether as part of our commitment to the community work. One activity ment, he offered keen insight into the equal justice and the elimination of the was working with grass roots activists consequences of certain decisions and badges and incidents of slavery.” in a poor black neighborhood just what needed to be done. “unity should not mean unanimity. north of Hyde Park on police brutality And as long as I am around, I can as- and police non-responsiveness issues. Tribute, continued on p. 15 sure that it will not.” Page 15 Tribute to Gary Palm, continued the one who assured that would hap- Jane Aiken: can all (try to) live up to his ideals by pen-- not by paving the road, though-- I think it is safe to say that clinical le- continuing to advocate on behalf of by dredging up the muck that would gal education would not be where it is our community both institutionally later allow the smoother road to be today without Gary. He was fearless. and in the personal connections we paved. He was the person who would name make with each other. I agree with all that has been said the harms, demand accountability, Steve Wizner: and will share something new: -- when remind us of our responsibility. It was Gary Palm certainly made his presence he served on the ABA Council, I was often uncomfortable talking with Gary known as a moral conscience and gad- just getting active in CLEA leadership. only because it required me to see fly in the world of legal education, I went to observe and testify at a clearly and to recognize when I was both as a clinician and from his pulpit meeting in 2001. I discovered Gary not courageous enough to speak truth in exile. We will miss his sometimes was refusing to stay in the fancy resort to power. Yet I always loved seeing strident, but always highly principled where the meetings were and where him and talking with him. I learned voice. everyone else was staying; he was something every time. He was our Bryan Adamson: down the road in a cheap no-tell mo- soldier and our deep abiding friend. I What a loss to the clinical community. tel. He said that no one should be get- hope Gary can somehow feel all of When I joined in 1995, it was Gary ting “too comfortable” at that time in this deserved appreciation. Such a tre- who most struck me as the most au- Legal Education, and it was just too mendous loss. thentic, outspoken and passionate ad- obscene how much money was spent David Moss: vocate of clinical education--despite on those meetings. He made a state- Gary was already a “clinician in exile” the professional costs. That's what it ment just by entering the room, in- from the University of Chicago by the means to stay true to your convictions. deed. time I entered clinical teaching, but he Rest in Power, Gary. Thanks for shar- Jeff Pokorak: continued to be a leader in the clinical ing your gifts. I met Gary sometime in the early 90’s community long after most people Sue Bryant: when I was at St. Mary’s. He was all retire. He was a larger than life figure, I join in celebrating Gary and celebrat- fire-breathing then, and tireless to a tireless dog with a bone between its ing his many contributions. Many of boot. One year in the mid-90’s, the teeth, deeply committed to transform- you have already given wonderful trib- ABA standards and review committee ing legal education and the world. Yet utes in which I heartily join. I will add met in San Antonio. Gary flew down some of my favorite memories from a few more Gary stories. I first met from Chicago and press-ganged me clinical conferences are long one-on- Gary in Rockport, Maine in the early into joining him at the meeting. What one conversations with Gary in which 80s at what I think was the 3rd AALS fun! He thereafter was a great sup- he revealed himself to be a golden sponsored clinical conference, we were porter and mentor to me – he was retriever at heart, rather than a pit- co-facilitators of a small group as I fiercely loyal (and lovingly conspirato- bull. The world is a lesser place for recall. I remember him remarking on rial) ever after. Certainly, Gary an- his passing. our second or third day of the then 7 noyed many from time to time, but his Carrie Kaas: day clinical conference that he had kindness towards me and remember- I am loving all these memories of come to the conference highly suspi- ing him at that meeting twenty years Gary, as it is helping me to truly pause cious of the new clinical "pedagogy." ago always kept my heart firmly in his to honor him at his passing. If you He thought we might be being bought corner. And I have tried to honor did not know Gary, folks, I hope you, out by our non-clinical colleagues and him by befriending, mentoring and, too, pause to read these tributes. We moving away from our social justice when called upon, recommending and all owe so much to this man. For ex- origins. promoting younger clinicians. ample, CLEA is taken seriously now Even for those who never met him at ABA Council meetings, and Gary is Tribute, continued on p. 16 or only knew him recently, perhaps we Page 16 Tribute to Gary Palm, continued After a few days of "reflecting on our Council for Legal Education on the When I saw Gary at a clinical confer- reflections," he remarked something whiteboard and explaining the oppor- ences he would greet me with his like - "I get it this is just about creating tunities and threats to the status of booming voice and admonish me for really good lawyers for poor people!" clinical professors. not accepting his offer of employment Gary was in his own way always a When I rose to leadership on ABA to work in the clinic after my 1L year. learner as well as a teacher and always advocacy as CLEA Secretary and I reminded Gary that I had not been committed to social justice. Did I President ten years later, Gary was offered the position and that a fellow mention he also played golf in the definitely “the gadfly,” applying his student named Bonnie had been of- dense Maine fog during a conference techniques of creative disruption to fered the job. It was a need-based afternoon off? CLEA’s ABA advocacy. I can say it work study position and Bonnie’s need He had some tough last years but it was exhausting to be on the other end for financial aid was determined to be didn't stop him. He moved through of that technique! But in the end, Gary greater than mine. Over the years life with purpose. was right. A position that CLEA was Gary continued to insist (while laugh- Peter Joy: taking had unintended consequences ing) that I had turned down a great It has been touching to read all of the that only Gary had spotted—and he opportunity to work with him. I think tributes, especially because I share a helped us correct our course. he was joking, but with Gary it was great sadness in Gary’s passing. As Through it all, Gary was an absolute sometimes hard to tell, and part of me many have pointed out, Gary often delight to be with in person—funny, thinks that he really did think that I pushed us as a community and indi- passionate, caring, and uniquely turned him down. viduals to do more, often at times charming. I will miss him. To tell the truth, I think what Gary when we thought that we were doing Binny Miller: was really upset about was that Bonnie more than enough. I know this is es- I am moved by all of these tributes was not very sports-minded and broke pecially true for most of the presidents to Gary. I first met Gary in 1981 as a her finger playing softball on the clinic and co-presidents of CLEA and any student in the Mandel Legal Aid Clinic team that summer. I was a pretty good clinician who has had any position at the University of Chicago law softball player and I think Gary wanted with the ABA. Gary also pushed him- school. He was the director of the to have me on the team. self hard, and he worked exceedingly clinic and a force of nature, both love- Like so many others, I deeply ad- hard, helping to engineer the first im- able and intimidating. I joined the mired and respected Gary. provement in status for clinical faculty clinic at the beginning of my 2L year Patricia Lee: through the ABA’s passage of what and stayed for 2 years. Although Gary We will miss Gary's practical advoca- was originally Standard 405(e) (now was not my clinic supervisor I saw cy, powerful voice for clinical educa- Standard 405(c)) in 1984. This was in that his intellect was incredible; he is tion and his intellectual acumen. I first the face of considerable opposition one of the few people I have met who met Gary at The University of Chicago from several prominent deans and the I consider to be a genius. And he Law School in 1998. He would pop by AALS Executive Committee. We all used his intellect in the service of poor the clinic on entrepreneurship to chat owe a lot to Gary who worked hard to people. I also admired him for living with me about how we could help his help lay the foundation for a strong a very simple lifestyle without the clinic clients, those who sought to clinical community. comforts that many of us in academia move beyond welfare. At first, it Kate Kruse: have become accustomed to. Back seemed Gary was skeptical of the pow- When I started in clinical legal educa- then, besides lawyering and clinical er of entrepreneurship, but I believe tion in the 1990’s, Gary was “the guy” legal education his passions seemed to each time a referred client was served on ABA issues. I remember him com- be watching baseball (the White Sox, I he could see that welfare to work and ing to Midwest Clinical Conferences think?) and playing that uniquely Chi- welfare to self-sufficiency were just and drawing org charts of the ABA cago-style softball with the 16-inch Tribute, continued on p. 17 ball. Page 17 Tribute to Gary Palm, continued different sides of the same coin. I taurant was not ready to seat us Gary pared to sue our friends, and he prac- learned about social justice from Gary persuaded the maître d to serve us ticed what he preached. and thank him for caring so very complimentary Ouzo until we got Peter Joy mentioned Gary's advoca- deeply about the people in our com- seated. You can guess where that led. cy in 1984 when the ABA promulgated munities. Gary knew how to make the most of a former Standard 405(e), relating to Sue Kay: situation and have fun. He was the status for clinical teachers. Among I was so sad to see John's email. conscience of generations of lawyers other things, Gary helped lead a group When I was a new clinician, Gary was and clinical teachers. of clinicians in lobbying ABA dele- so supportive and encouraging. He Even if you did not know him you gates at the August ABA meeting, gave of his time and support without will miss him. which happened to be in Chicago. limit, and he taught me to be a better Conrad Johnson: This was my introduction to the clinical teacher and a better person. Gary was a consistently strong and clinical movement. Gary was unrelent- While we all remember Gary as the sincere voice for inclusion and princi- ing, sending us out as foot soldiers, fighter and fierce advocate, I will also pled action. Like so many others, I will attending meetings, and pushing for a always remember Gary as the sweet miss him. floor fight. Just minutes after the person who enrolled my dog in the Chuck Weisselberg: ABA adopted a soft version of the Orvis toy of the month club and how I've been reading the amazing trib- standard, Gary and the late Bill Green- happy I was each month to receive a utes to Gary Palm. He touched so halgh led a discussion of next steps, new toy for her. In addition, at every many people, and he was such a pow- including possible litigation. He didn't meeting, he would bring along another er within the clinical movement. want to bother to wait and see how the chew toy for her. (We even have a Gary Palm and Mark Heyrman gave schools would act under the new Hillary dog toy, thanks to Gary). me my start in clinical teaching; they standard. Whenever I see my dog happily carry- hired me as a one-year visitor in 1984 As others have written, Gary was a ing one of her toys around the house, when Mark took a leave. Gary was complete original. I am personally I think of Gary and smile. one of the most forceful people I ever grateful for his mentorship and his Bob Seibel: met. He was equally demanding of toughness. We all owe him an enor- It has been really helpful to read the students, colleagues, and state agen- mous debt. stirring and varied tributes to Gary. It cies. I don't think that he ever directly Elliott Milstein: helps ease the pain to remember the answered a student question on a pro- Gary was there at the beginning and many happy and positive moments. cedural issue. He always sent the stu- was a true believer in the CLEPR gos- In some ways it seemed like Gary did dents back to the books ("read the pel that every law school should have a not care if you liked him, and that rules," he'd incant). teaching law office, staffed by faculty, made you like him all the more be- Having been exposed to Gary, I in which students would represent real cause he was genuine, and you imme- learned how to read the rules. He was clients and learn to be ethical, socially diately would be in awe of his com- demanding of colleagues--he really responsible lawyers. And, he spent mitment to people and justice. could be tough--but he was very gen- most of his life fighting to realize that I had the good luck to start clinical erous with his advice on legal strate- vision, regardless of the cost to him. teaching in 1979 across town in Chica- gies and teaching methods. I often Gary was one of the eight members go at Kent Law School, but I did not went to Gary for guidance. And I of the Key Biscayne Group Steering get to know Gary until 1980 when wouldn't want to represent the state Committee, the group charged in 1979 David Gottlieb and I organized a against Gary. Even when he thought by William Pincus and our colleagues weekend regional clinical gathering in that a state official might be sympa- to carry on the political struggle for Chicago. Gary led a group to dinner thetic, he did not hold back. Gary was clinical education after CLEPR was at a Greek restaurant. When the res- fond of saying that we had to be pre- gone. Tribute, continued on p. 18 Page 18 Tribute to Gary Palm, continued I was very lucky to get to work closely to write “me too” to the many poign- Sally Frank: with Gary and to learn from his com- ant and insightful things folks have I have spent the day reading the mitment to our cause and his advoca- written. Gary the strategist, Gary the many tributes about Gary. What a sad cy on its behalf. He was relentless as poverty lawyer, Gary the advocate, day it has been. Yet there has been we pushed and negotiated with the Gary the mentor, Gary the generous comfort to know that we are all leadership of the AALS, the ABA Sec- friend, Gary the very large thorn in the mourners together. Gary was truly a tion on Legal Education and the De- side of the powers-that-be, Gary, one treasure that we were blessed to share. partment of Education. We agreed on of the clinical founding parents—all I met him in the early 90’s. Many our goals but sometimes differed on true. have commented on Gary’s tremen- strategy. Arguing with him was always Gary’s intelligence and persistence dous accomplishments and organizing an adventure but what came out of it were well known, but perhaps less for the clinical community. I wit- was remarkable success. By the time well known was his wonderful sense nessed it from before CLEA was orga- our work as a group was done, among of humor and puckishness. After he nized. Gary also stood up for many of other things, the AALS had agreed to and I appeared some years ago in US us when we needed an ally. There have host an annual clinical teachers con- District Court for the District of Co- been several occasions in which I have ference, and the ABA had agreed to lumbia to oppose the proposed con- faced struggles. Gary was always will- include a clinician on every site inspec- sent decree between the ABA and ing to lend his support. In turn, I cele- tion team. And, the regulations that DOJ, he decided that we were func- brated with him when he settled his came to determine how federal funds tioning as spies and on a later trip to case with the University of Chicago. would be distributed by the Depart- DC he visited the Spy Museum and Gary fought for us and then had to ment of Education ensured that clini- gave me various paraphernalia of the fight for himself. I’m sure he’s not on- cal education as we defined it would spymaster’s craft. He took particular ly arguing with Scalia but he is up there survive and grow. All of these things delight in the DC practice of entering still arguing for all the poor and op- that we now take for granted were the an appearance through a praecipe, a pressed as well. product of planning, struggle and ad- curiosity that never ceased to amuse Anita Weinberg: vocacy and none of them would have him. For some time, he insisted on One word I have not yet heard used, happened without Gary’s understand- calling me “Rob” instead of “Bob” but was certainly my experience with ing of what was required. His strong after someone in legal education who Gary – along with the other de- voice was central to our success. purported to be a good friend of mine scriptors – was his memory – his abil- Gary went on to become a member called me that at a meeting he attend- ity to recall people, events, times, plac- of the ABA Council on Legal Educa- ed. es. tion and Admissions to the Bar and If Gary thought that you were not I met Gary long before I knew what even after his term ended, he focused advocating forcefully enough for a clinical education was. I was a senior his advocacy there. He pushed, he position he deemed critical, he’d cer- in high school, with the opportunity to complained, he proposed and never tainly let you know it, but if he spend a month interning somewhere I gave up the struggle. Fortunately for thought you had done so he was un- thought I might someday be interested us, he trained many of our colleagues stinting in his praise. He did not suf- in working. A legal clinic that recog- to carry on his work. Whatever con- fer fools gladly and delighted in cut- nized the importance of law and of tinuing success we have in the on- ting down to size those who pontifi- social work (so rare then) was where I going attempts to change the accredi- cated and bloviated. He fought just thought I wanted to be – and U of C’s tation standards can be traced back to about all of the good fights that the Mandel Legal Aid Clinic provided that, the paths that he left behind. clinical community has had to wage and more. Gary was my supervisor for Bob Dinerstein: over the last 40 + years. He did much that month. I didn’t see Gary for Weighing in late on the very sad to create and sustain the clinical com- Tribute, continued on p. 19 news of Gary Palm’s death allows me munity, and we will miss him dearly. Page 19 Tribute to Gary Palm, continued another 20 years – when, as a newly what we were supposed to be doing in ting is a model for law students on minted clinician, I found myself at a the clinic. I became a better clinical how to be an excellent litigator. meeting at the Clinic and timidly wan- teacher because of Gary for which I Alex Scherr: dered in to his office to say a belated am forever grateful. He is missed. So many have said so much about thank you and tell him where that Paula Williams: Gary that matches my own friendship month had led me. It was Gary who Thank you to all who have shared sto- with him that I hesitate to add any- reminded me of my assignment, my ries about Gary. I, too appreciated thing more. But Paula’s email reminds findings, and shared with me the re- Gary’s commitment to social justice me of a dinner that she and I and sev- sults of my research. and clinical education. His advocacy eral others had with Gary in the mid- I don’t know if the U of C was the with AALS and the ABA helped to 2000’s. We had gathered in Roanoke, first University legal clinic to include bring clinical legal education to a posi- VA to persuade an incoming chair of social workers, but it certainly was tion of prominence in the academy. the Council on one issue or another . . among the first – laying the ground He was especially helpful to me during . another in a series of disruptive initia- work for others to follow. Gary was a my year as CLEA president. And I tives that Gary pursued. We had din- strong supporter of social workers and must say, Gary and I shared some of ner in a very nice hotel, with Gary lawyers working together. And as the best dinners ever over the years. playing the host and regaling us with Michelle Geller, the social worker at Michael Bryce: stories and advice. Mandel once explained, Gary encour- I also met Gary in the early 90’s It was also the holiday season, and aged social workers to find their voice when I began a clinic at St. John’s Gary made sure that we each had a while working with lawyers – not an Law. I was amazed by Gary’s individ- gift: a small crystal decorative palm easy task, but a lesson one could learn ually powerful approach to most eve- tree. I still have that damn palm linger- and perfect while working with Gary. rything. At the annual and clinical ing near my desk . . . as Gary will linger Peter Hoffman: AALS meetings he was like a force of long in my memory. I met Gary sometime in 1975 when nature as he strode through the halls Jon Dubin: I interviewed with the dean and Gary encouraging and cajoling on so many I remember Gary for his advocacy for a position at the Mandel Legal Aid issues facing clinicians. And, it is a and generous personal mentorship on Clinic. I ended up accepting another good thing he did! a variety of issues from poverty law position, but was very impressed with Roget’s editors might be surprised strategy to advocacy of law school mi- Gary. I agree with everything others that one person could be described by nority student and faculty inclusion have said about Gary’s political wis- so many adjectives: “feisty, passion- and diversity, to basic clinical teaching dom, his efforts to improve the status ate, combative, resilient, interesting, matters when I started out in the early of clinicians and clinical legal educa- tenacious, bristling, stouthearted, 90s. But my most vivid memories of tion, and his spirited battling on behalf friendly, intense, relentless, true, un- Gary are from his advocacy on behalf of the disadvantaged. Important as shakeable, cantankerous, brave, reso- of clinical educators --an issue I think these are, they are not why I remem- lute, gritty, indefatigable and caring for he owned as much as anyone. As a ber him so fondly. the less fortunate.” His work with the clinical director at two different law What made Gary special for me was Section on Legal Education was so schools which required advocacy to his willingness to engage in long and important and the similar battles he obtain for cause job security and facul- thoughtful discussions about clinical and John fought in the early 90’s were ty meeting voting rights for most clini- teaching methods. He was deeply an- also precursors to later gains for clini- cal faculty, I sought Gary's counsel and alytic about clinical teaching and cians. Gary later also fought hard for Gary was a wonderful source of infor- brought a fresh perspective to how consumer rights in very lengthy con- mation, encouragement, strategic ad- best to teach in a clinical setting. He sumer/condo housing litigation that vice and inspiration. was provocative and challenging and concluded in the past two years. The Tribute, cont’d on p. 20 often made me think differently about latter while not taught in a clinical set- Page 20 Tribute to Gary Palm, continued Ann Shalleck: Gary Palm support. He was not successful every Thank you to everyone who has by Roy Stuckey time, but he was successful a lot of the written so movingly about Gary. You The first time I met Gary was in time. have created for us all a shared re- 1979. We were in Key Biscayne, Flor- If there is a heaven, one might won- membrance of a beloved member of ida, attending the final CLEPR- der what Gary is doing today. There is our community. Each of us fortunate sponsored conference. It was a peri- no injustice or unfairness in heaven. enough to have encountered some lous time for clinical legal education. There are no causes to fight for. So, aspect of Gary’s extraordinary com- CLEPR funding and leadership were what is Gary to do? No problem. mitment to and engagement with the about to disappear, most clinical While Gary had a passion for causes, creation of a world where clinical edu- teachers had no job security, and clini- he also had a passion for life beyond cation is basic to legal education has cal teachers had virtually no presence his professional work. He found joy in been able to connect our own encoun- within the ABA or AALS. Although a many things, and hopefully he still ters with Gary to a collective sense of new federally funded program was on does. his meaning to us all. Those who did- the horizon, we learned during the If so, Gary is wandering the galleries n’t get to know Gary may have a sense conference that the AALS had con- of his much-loved Art Institute of Chi- of how fortunate we are to have had vinced Congress to allow some of the cago. This summer, he will be at the founders and mentors who have made money to be spent on empirical re- U.S. Open, which he attended for possible the remarkable world we rec- search projects. Feeling double- many years. He can play bingo, bango, reate daily. These tributes sustain us crossed, the fifty or so clinical teachers bongo at Pebble Beach again whenev- all. at the conference held a private meet- er he wants. He can golf with friends Virgil Weibe: ing to discuss what we could do to in Rockport, Maine, but this time the [Referring to a published photo of protect the federal money and to con- foursome will not have to quit on the Gary at the Mandel Legal Aid Clinic in sider how to promote other interests sixteenth green. You don’t run out of the 1970’s] Dang, those are some great of clinical teachers. balls in heaven. Most of all, Gary is sideburns. Maybe at the clinic confer- Gary was at the meeting, red in the trading stories with old and new ence, we can get some stick-on side- face, steam pouring out of his ears, friends, inquiring about their families burns. He'd get a kick out of that. and banging his fist on the table. That with sincere interest, and still trying to is my first memory of Gary Palm. I do the right thing. did not know it at the time, but from Goodbye Gary. And thanks.

that moment on Gary and I would be Roy Stuckey comrades in arms and trusted friends.

Gary loved a good fight when he saw a chance to correct injustice or unfairness. His battles were never personal. They were about issues; about doing the right thing. I never

heard Gary say an angry or mean thing

about his adversaries. In his view,

they were just not weighing the com-

peting values correctly, and it was

Gary’s responsibility either to educate

them about the virtues of his positions or to find ways to bypass them and get to the correct solutions without their

Page 21 Volume 24, Issue 1 Things I Wish I Knew When I Began Clinical Teaching by Margaret Martin Barry

The CLEA Newsletter Committee also care about and do well by these processing it. Domestic violence per- is excited to introduce our new, recur- clients. I wanted to learn as much as I plexed me at the core, just as raw ha- ring column, Things I Wish I Knew could about how to help students be- tred and its relationship to love is so When I Began Clinical Teaching! Each come the kinds of lawyers who could inevitably perplexing and disorienting. newsletter will feature quotes, stories, effectively bring about change. I won- There was a lot to master, but I would and probably a few words of warning dered how I could do that when I have done better to instill true excite- or wisdom from clinical colleagues doubted I could effect significant ment about our potential to help. I around the country. By highlighting change myself. I wanted to contribute was aware enough to want to do this, different clinician’s perspectives, we to the dialogue about clinical teaching, but I felt myself struggling with the hope to offer something that will res- connecting with people who seemed to limitations of legal intervention with- onate with everyone. be vigorously climbing and reaching out sufficiently conveying the value of Funny, heartfelt, serious — all are peaks in the same mountains. the opportunity my students had to welcome from clinicians of any expe- What I wish I knew when I started make it work. rience level. Whether you began clinical teaching was that being on the Reading ROOT AND BRANCH1 re- teaching thirty years ago or last year, path at all was an incredible gift. I un- cently reminded me of the power of we want to hear from you. To con- derstood that but did not know it. I the law to achieve change. Thurgood tribute or for any questions, please needed to take in a lot more than I was Marshall’s collaboration with his pro- email Professor D’lorah Hughes at managing to do. Running between the fessor and mentor Charles Hamilton [email protected]. demands at work and demands at Houston to attack segregation is an home, and trying to be the responsible inspiring model, including the fact I knew that I was working with ex- actor in both is not good enough. It’s that the greater equality they sought traordinary folks when I began my far more important to find and cultivate remains ephemeral. Instilling excite- teaching career at Catholic Universi- the joy on each front, and I think I ment fosters the resilience to keep ty’s Columbus Community Legal Ser- would have felt more successful if I had thinking creatively and energetically vices. It was a slightly different expe- discovered this approach. about how to make things better, even rience at my first clinical conference. Personally, I kept losing people I love if that fight is constant. That is funda- I remember thinking, “Who are these and was not able to integrate the losses. mentally what I think our work is people?” and “Are they for real?” With each death, my own story crum- about, as I look up from the foothills. Indeed, they were for real and by my bled. I patched things over abysmally My abiding sense has been that second clinical conference I was be- each time, left with regrets and sowing many clinic colleagues are doing just ginning to think that I wanted to be a more regrets. that – inspiring students with the part of the movement they spoke so Professionally, I spent a lot of time work they do and how they do it. So thoughtfully about. focusing on teaching sets of skills – I spent a good part of my time trying Clinical teaching presented consid- building client relationships, empower- to make sure that this group of law erable mountains for me to climb. I ing clients, case development and analy- faculty are institutionally established wanted to do well by my clients and sis, file management, trial, systems and respected. In truth, I hated the to have an impact on the crushing change. I worried about how students thought of the second-class status, so problems that defined too much of were processing the danger their clients comfortably justified by some faculty their lives. I wanted my students to faced, and often ignored how I was colleagues. Continued on p. 22 Page 22 Volume 24, Issue 1 Things I Wish I Knew When I Began Clinical Teaching continued

I saw clinics as the part of legal educa- spent more time nurturing that vision Margaret Martin tion that had the greatest potential to in myself and sharing it. I wish I had Barry promote the vision of lawyering that been more honest with myself about is Associate Dean mattered – so, how could our col- the value of goodbyes and facing for Clinical and leagues draw lines justified by inferior- grief. While I wish I knew the most Experiential ity? It had a familiar, irrational strain. important things to focus on and had Programs and Clinical teaching has traveled from spent my time working more thought- Professor of Law the periphery of legal education to an fully on them when I began my jour- uncertain point of inclusion. In the ney as a clinical teacher, I remain at paradoxical way that inclusion tends grateful that this has been my path – Vermont Law School. to play out, I worry that the vision of despite how haltingly traveled. what is important in the practice of Notes She can be reached at law is suffering in the course of this 1 RAWN JAMES, JR., ROOT AND [email protected]. travel. Looking back, I wish I had BRANCH (2010). The Clinical Law Review will Remembering Professor Emeritus Gary Palm, hold its next Clinical Writers’ by Elliott Milstein Workshop on Saturday, September 24, 2016 at NYU Law continued from p. 12 School. ers’ conference and has done so ev- and that the program would advance The Workshop provides an opportunity for clinical teachers who are writing er since. It created a Committee on the CLEPR vision of what clinical about any subject (clinical pedagogy, Clinical Education that still advises education was to be. As a whole, the substantive law, interdisciplinary analysis, its Executive Committee on matters things that we put in place made it empirical work, etc.) to meet with other of concern to clinical teachers. The possible for clinical education to clinicians writing on related topics to ABA reconstituted its Skills Training flourish and become a permanent discuss their works-in-progress and Committee that has helped with the part of legal education. brainstorm ideas for further adoption of pro-clinical standards Gary Palm was an essential player development of their articles. By June over many years. It agreed to in- in all of this. He spent his whole life 30, all applicants will need to submit a clude a clinician on every site- carrying on this work. He focused mini-draft or prospectus, 3-5 pages in evaluation team and it still does. his advocacy on the ABA (and I fo- length, of the article they intend to And, perhaps most importantly, the cused mine on the AALS) and he present at the workshop. Full drafts of ABA adopted an imperfect but quite never stopped. We were so fortu- the articles will be due by September 1, positive standard on the faculty sta- nate to have him as a member of our 2016. Applicants for travel and lodging tus of clinicians. We also were able founding generation. He was smart, scholarships will be asked to submit, to influence the Department of Ed- committed, passionate, generous, with their 3-5 page prospectus, by June ucation regulations that governed and zealous. All of us who worked 30, a proposed budget for travel and the distribution of the Title IX fed- with him will always find motivation lodging and a brief statement of why the eral program that used to fund clini- in remembering his distinctive voice, scholarship would be helpful in cal education. And, we ensured that urging us on, challenging us, and supporting their attendance at this clinical teachers would be the grants supporting us. conference. Comments and suggestions readers that distributed those funds should be sent to Randy Hertz. Page 23 Volume 24, Issue 1 Good News : Moves, Honors & Promotions

Robert “Bob” Holmes (Rutgers), Professor Patience Crowder Frank Askin Director of the Community and (Denver), Community (Rutgers) Transactional Lawyering Clinic, Economic Development ACLU of New Deputy Director of Clinical Clinic, was recommended for Jersey, Light of Education, Clinical Professor of promotion to Liberty Award, Law, and C. Clyde Ferguson Scholar, Associate March 2016; was named a recipient of the University's Human Professor with Rutgers University Dignity award renamed after the late beloved Tenure. Distinguished Service Medal, urban historian, Professor Clement A. Price. April 2016

Several faculty received the University of Maryland-Baltimore’s Dr. Martin Luther King Jr. Special Diversity Recognition Award for planning and teaching a special topic course titled, Freddie Gray’s Baltimore: Past, Present and Moving Forward, including Barbara Bezdek, Doug Colbert, Deborah Eisenberg, Toby Guerin, Sara Gold (pic not available), Leigh Goodmark (pics on pgs. 5, 29), Renée Hutchins, Susan Leviton, Michael Pinard, Maureen Sweeney, Ellen Weber and Deborah Weimer.

Toby Merrill (Harvard), Lecturer on Law and Leah Hill is now the Associate Dean for Clinical and Clinical Instructor with the Predatory Lending Experiential Education at Fordham Law. She is in and Consumer Protection Clinic, her 20th year at Fordham. As Associate Dean, Leah was selected as an “Up and provides leadership for the extraordinary range of Coming Lawyer” by the experiential opportunities, including live client clinics, Massachusetts Lawyers Weekly. externships, trial advocacy, Pro Bono Scholars and lawyering skills.

Nekima Levy-Pounds (Univ. St. Randi Mandelbaum Barbara A. Babb (Baltimore), has been Thomas) named People to Watch (Rutgers) Co- named editor-in-chief of the Family Court 2016 by Dean’s Award Review by the Association of Minneapolis/St. Paul for Distinguished Family and Conciliation Business Journal. Service, Oct. Courts. Press release. 2015 Page 24 Good News : Moves, Honors & Promotions

Fernando Ribeiro Geetha Sant, director of Delgado (Harvard), a the Entrepreneurship and clinical instructor with the Intellectual Property Clinic Professor Robin HLS International Human at Washington University Walker Sterling Rights Clinic, was awarded School of Law, received (Denver), the Shatter the Ceiling the Legal Scholar Award as Criminal Defense Award for Excellence in Integrating part of the Missouri Lawyers Weekly’s Clinic) was Critical Race Theory into the Curriculum 2016 Women’s Justice Awards for “work recommended for by Students for Inclusion and the with the justice system through her promotion to Associate Shattered Ceiling Committee of the research or scholarship and through Professor with Tenure. Harvard Women’s Law Association. teaching and inspiring others.”

Professor Joanne Professor Bob Burdick, Director of Boston University Ronald Gottesman School of Law’s Civil Litigation Program, Tyler (Rutgers) has been awarded BU Law’s Public (Stanford) Service Leadership Award. The award was Co-Dea n’s recognizes Professor Burdick’s promoted to Associate Award for commitment to teaching the value of pro Professor of Law. Professor Distinguished Service, bono work to his students, and his Tyler directs the Criminal Oct. 2015 commitment to public service legal work. Defense Clinic.

Patricia Whiting, a Senior Mae C. Quinn Tamar Clinical Instructor at the (Washington Univ.) has Birckhead Harvard Legal Aid Bureau, been invited to serve as the (UNC) will was honored at the 3rd Annual inaugural Director of the be Visiting Harvard Law International Roderick and Solange Clinical Women’s Day. Ms. Whiting MacArthur Justice Center Professor of teaches law students in the (MJC) in St. Louis, which will open this Law at Yale Law School Housing Practice and coordinates HLAB’s summer. The St. Louis office will join from July 2016—June participation in the Attorney for the Day the efforts of three other MJC 2017. She is scheduled to Program in Boston Housing Court. l o c a t i o n s , i n c l u d i n g teach the Juvenile the Chicago headquarters at Defense Clinic and the American University, Washington Northwestern Pritzker School of Law. Criminal Defense Clinic. College of Law is pleased to announce Mike W. Martin (Fordham) Professor Laura Rovner that starting in Fall 2016, Anita Sinha, was promoted to Director of (Denver) (Civil Rights now a practitioner-in-residence in our Clinical Education and serves Clinic) was recommended Immigrant Justice Clinic since 2012, will as the Executive Director of for promotion to Full join the tenure track as an assistant Lincoln Square Legal Services, Professor. professor and director of the Inc., Fordham’s incorporated, not-for-profit law school’s International legal services firm. He supervises one of the Human Rights Law oldest clinics, the Federal Litigation Clinic, Clinic. Congratulations, and also runs Fordham’s summer study Anita! abroad program in Ireland. Page 25 Good News : Moves, Honors & Promotions Volume 24, Issue 1 The AALS Section on Clinical Legal Education is pleased to announce that Perry Moriearty, Vaughan G. Papke Clinical Professor in Law at the University of Minnesota School of Law, has been selected as this year’s recipient of the clinical section’s Shanara Gilbert Award. The award will be presented to Perry during a luncheon at the Clinical Legal Education Conference in Baltimore on Sunday, May 1, 2016. Designed to honor an "emerging clinician," the award is presented to a clinical professor with ten or fewer years of experience who has (1) a commitment to teaching and achieving social justice, particularly in the areas of race and the criminal justice system; (2) a passion for providing legal services and access to justice to individuals and groups most in need; (3) service to the cause of clinical legal education or to the AALS Section on Clinical Legal Education; (4) an interest in international clinical legal education; and (5) an interest in the beauty of nature (desirable, but not required). The nomination materials detailing Perry’s many accomplishments note that Perry’s work on race and criminal and juvenile justice issues is an archetype for how a clinician can combine teaching, scholarship, and law reform advocacy. As the co-director of the University of Minnesota Child Advocacy and Juvenile Justice Clinic, Perry led her students into work on cutting edge projects related to the United States Supreme Court’s 2012 decision in the case Miller v. Alabama. This work has had a national impact on issues of race and justice in criminal and juvenile arenas. Perry’s work on the Miller retroactivity issue has garnered substantial attention among academics, advocates and the media. Her 2015 article, Miller v. Alabama and the Retroactivity of Proportionality Rules, 17 J. CONST. L. 929, 981 (2015), has been featured in both local and national commentary, and was the subject of SCOTUSblog’s September 29, 2015 Academic Highlight. In January 2016, in Montgomery v. Louisiana, the Supreme Court held that Miller is retroactive, and Perry’s article was quoted and cited extensively in amicus briefs. Perry’s work on the issue of juvenile life without parole has also led to her to act as an advisor on related matters outside of Minnesota. She has worked with national litigators, including Bryan Stevenson of Alabama’s Equal Justice Initiative and Marsha Levick of Philadelphia’s Juvenile Law Center, on coordinated litigation strategies at the Eighth Circuit and Supreme Court levels. In addition, Perry is rapidly becoming an important voice in the scholarly community. She published a series of articles based on her research on race and juvenile and criminal justice issues that have made an impact not only on scholarship in this field, but also on public policy. Her work has been cited in some of the leading law reviews, but it also has provided support for litigation by racial justice advocates and has been used in legislative debates. Perry routinely extends her work into the public service arena. In addition to her clinical teaching and scholarship, she has played a critical role in legislation, policy and public advocacy on race and criminal and juvenile justice matters. Over the last four years, at the request of the McArthur Foundation in 2012, she has been coordinating a state- level effort to draft and enact a multi-pronged progressive juvenile justice bill. Perry served on the CLEA Board for four and a half years and has also presented workshops and led working groups at a number of the AALS conferences over the last several years. Last year, Perry and her students worked with Carolina Rojas Flores, a human rights attorney and clinical professor at the Universidad Catolica de Oriente in Colombia who specializes in penitentiary law, on the development of her clinical program. This work was part of the University of Minnesota’s USAID/Higher Education for Development (HED) human rights partnership with four law schools in Antioquia, Colombia. Finally, Perry is an avid hiker, camper, kayaker and runner, spending as much of her free time as possible in undeveloped wilderness. Perry has kayaked portions of the Sea of Cortez and backpacked through areas of Maine and Colorado. She and her husband have also climbed Mt. Kilimanjaro. Please join in recognizing Perry for her many accomplishments and contributions. We look forward to celebrating her work together at the conference in Baltimore. Page 26 Good News : Moves, Honors & Promotions Robert Greenwald received one of four inaugural Teaching & Advising Ian Weinstein Laura Rovner Awards from the Harvard Law ( F o r d h a m ) w a s (Denver) was School Student Government and will recently awarded named to 5280 be honored at a luncheon in April “Public Service Faculty Magazine’s Top 2016. The Award recognizes both Member of the Year” Lawyers 2016 list in exemplary instruction by Fordham students and the Public the Civil Rights category. Rovner, and the ability of an Interest Resource Center (PIRC) for his associate professor and director of instructor to inspire commitment to public interest through the Civil Rights Clinic, was one of personal and intellectual his professional work, teaching, nearly 400 lawyers in 49 specialties development outside the mentoring and support to students named to the magazine’s second classroom. involved public service, and scholarship. annual list (January 2016).

Jenny Roberts (American) S u f f o l k ’ s This fall Professor Christine Cimini will received the 2016 Alumni Board of become the Associate Dean for Experiential Faculty & Staff Award for T r u s t e e s Education at the University of Washington her law school’s Public voted to School of Law. Currently Christine is at Interest/Public Service approve the Vermont Law School where she Scholars (PIPS) program (award for“ tenure of serves as Associate Dean for enduring contributions as public service Associa te Cli nica l Research and Faculty advocates and for their support of the Professor Maritza Development and directs the PIPS Scholarship Program.”). Karmely. school’s externship program.

Professor Juliet Brodie Professor Tamara Professor James A. Sonne Suffolk’s (Stanford) was honored last Kuennen (Denver) (Stanford), director of the Board of spring with the John B. Hurlbut (Civil Litigation Clinic) Religious Liberty Clinic was Trustees Award for Excellence in Teaching was recommended for recently promoted to voted to by the class of 2015. Juliet is the promotion to Full Associate Professor of Law. approve Associate Dean for Clinical Professor. the tenure of Associate Education and the Director of the Clinical Professor Mills Legal Clinic Sarah Boonin. and the Community Law Clinic.

Retiring Clinicians Remembrances

Stanford welcomes Diala Shamas as a G l e n n G . Meredith Ross (Wisconsin), died Clinical Supervising Attorney and Galbreath is from cancer on April 20, 2016. She Lecturer in Law for the International retiring from joined the University of Wisconsin Human Rights Clinic. Diala previously Cornell Law clinic faculty in 1990 and directed the worked as a Senior Staff Attorney for School after 30 Frank J. Remington Center for over the CLEAR (Creating Law years of service as a Clinical two decades, skillfully Enforcement Accountability & Professor of Law. Glenn taught in maneuvering it through Responsibility) project, the Cornell Legal Aid Clinic, served several phases of re- based at City University as Trial Advocacy instructor and organization prior to her of New York School of the Director of the law school’s full retirement a few years Law's clinical program. and part time externship program. ago. Volume 24, Issue 1 Page 27 New Clinicians Rutgers Law School has hired Alexis David E. Boelzner (William & Mary) joined the Karteron to direct and teach in the Lewis B. Puller, Jr. Veterans Benefits Clinic as a Clinical Constitutional Rights Clinic (CRC). Alexis is Assistant Professor of Law. David is currently a senior supervisory attorney at the on the Board of Governors for the New York Civil Liberties Union (NYCLU) and U.S. Court of Appeals for Veterans lead counsel in one of the federal civil rights Claims Bar Association, and is co- challenges to the NYC police department's "stop and frisk" editor of their Veterans Law Journal. policy.

Eileen Connor (Harvard) is the new Director of Litigation Zeba Huq recently joined Stanford Law School as a for the Project on Predatory Student Lending. Ms. Connor Clinical Supervising Attorney for the Religious Liberty has extensive litigation experience in the field. Clinic. Zeba previously taught religious Most recently, she was a Senior Staff Attorney liberty at New York University Abu with the New York Legal Assistance Group. Dhabi and litigated at the Innocence She received her J.D. from New York Project in New York City. University Law School. Albany Law Clinic & Justice Center is delighted to Kathryn Banks rejoins the clinical faculty of Washington welcome Professor Edward (“Ted”) W. DeBarbieri University School of Law as director of a to join the clinical faculty next year to direct new Guardian ad Litem Clinic. The new clinic our Tax & Transactions Clinic. Ted is in collaboration with Voices for Children, previously directed the Center for Urban where Kathryn is the Legal Services Director. Business Entrepreneurship at Brooklyn Law. Boston University School of Law is pleased to announce Caleb Stone (William & Mary JD ’15) has joined the that Andy Sellars will be joining its clinical Puller Clinic as an Equal Justice Works AmeriCorps programs as director of its new Technology Legal Fellow. and Cyberlaw Clinic, effective July 1. Sellars is an attorney at Harvard’s Berkman Center for Linda Cole is the new Supervising Internet & Society. Press release. Attorney/Clinical Instructor for the Elizabeth A. Andrews joined William & Harvard Law Entrepreneurship Mary Law School’s Virginia Coastal Policy Project (HLEP). Linda joins Harvard Center as its new Director and a Professor of Law after many years of experience as Practice. Elizabeth formerly served as Senior in-house counsel to emergent technology companies. Assistant Attorney General and Chief of the Tino Ochoa, Ryan Rippel & Brian Weaver are co- Environmental Section, and Water Policy Manager for the directing Washington University School of Law’s Virginia Department of Environmental Quality. new Urban Revitalization Clinical Practicum, which focuses on ongoing urban revitalization matters in the Harvard’s Center for Health Law and Policy St. Louis metropolitan region. Innovation welcomed Najeema Holas- Huggins as Communications Manager in March 2016. Previously, Najeema worked at the Bessie Tartt Wilson Initiative for Children as the marketing manager. Page 28 Volume 24, Issue 1

Good News: Books & Publications

Leigh Goodmark (Maryland), Jon C. Dubin (Rutgers), A Modest, Albeit Heavily Hands Up at Home: Militarized Tested Social Security Disability Reform Proposal: Masculinity and Police Officers Who Streamlining the Adjudicative Process By Eliminating Commit Intimate Partner Abuse, 2015 Reconsideration and Enhancing Initial Stage Development, BRIGHAM YOUNG UNIVERSITY 23 GEO. J. OF POVERTY. L. & POL’Y 203 (2016) LAW REVIEW 101 (2015). (lead article); SOCIAL SECURITY LAW, POLICY AND PRACTICE: CASES AND MATERIALS (CO-AUTHORED WITH Emily Broad Leib (Harvard), FRANK S. BLOCH) (WEST ACADEMIC PUBLISHING CO.) LA Times, “Is that milk past its 'sell (FORTHCOMING 2016); SOCIAL SECURITY DISABILITY LAW by' date? Drink it AND PROCEDURE IN FEDERAL COURT (2016 EDITION; CO- anyway.” (February 2016) AUTHORED WITH CAROLYN A. KUBITSCHEK, THOMSON REUTERS PUBLISHING CO.).

Anju Gupta (Rutgers), Chi Mgbako, director of the Walter Leitner ETHICAL PROBLEMS IN THE International Human Rights Clinic at Fordham, PRACTICE OF LAW: MODEL published a new book, To Live Freely in This RULES, STATE VARIATIONS, AND World: Sex Worker Activism in Africa. Based PRACTICE QUESTIONS (WOLTERS on original fieldwork by Chi and her students, it K LUWER 2015- 2 0 1 6 ) ( C O - documents the history and continuing activism AUTHORED WITH LISA G. LERMAN AND of the movement for sex workers’ rights in Africa. PHILIP G. SCHRAG)

Julie K. Waterstone John Blume and Beth Lyon (Cornell) published Cornell (Southwestern), Counsel Law Clinic Urges Revised Student Practice Rules, NEW YORK in School Exclusion Cases: LAW JOURNAL (March 1, 2016), examining student practice Leveling the Playing Field, 46 limitations in the U.S. District Court for the Northern SETON HALL L. REV. District of New York, the Third Judicial Department of the 471 (2016). New York State Supreme Court Appellate Division, the Buffalo Immigration Court, and the New York Workers Compensation Board. Beth Lyon also published a course reader for secondary and higher ed. students entitled We Sandra Simkins Asked for Workers. We Got People Instead. The UN International (Rutgers) The Critical Role Convention on the Protection of the Rights of All Migrant Workers of Post-Disposition Represen- and Members of their Families. (Open Society Foundations 2016). tation in Addressing the Needs of Incarcerated Youth, Willamette law professor Gwynne Skinner’s article: 48 JOHN MARSHALL L. Rethinking Limited Liability of Parent Corporations for Foreign REV. ___ (2016) (with Subsidiaries’ Violations of International Human Rights Law was Laura Cohen; lead article); Juvenile Solitary published in 2 WASH. & LEE L. REV. 1769 (December Confinement: New Jersey Makes an Important 2015) (also published on Columbia Law School’s Blue Sky First Step, 296 N. J. LAW. 22 (Oct. 2015). Blog, on February 10, 2016). Page 29 Good News: Books & Publications Volume 24, Issue 1

Laura Cohen (Rutgers-Newark) University of New Mexico School of Law Associate The Critical Role of Post-Disposition Professor Yael Zakai Cannon, Disrupting the Path from Representation in Addressing the Needs Childhood Trauma to Juvenile Justice: An Upstream Health and of Incarcerated Youth, 48 JOHN Justice Approach, 43 FORDHAM URBAN L.J. ___ MARSHALL L. REV. ___ (2015) (forthcoming May 2016) (co-authored with Andrew Hsi) (with Sandra Simkins; lead article); (considering their study that found youth in NM’s Reforming the Juvenile Justice System, 296 N. J. LAW. juvenile justice system suffered high numbers of “adverse childhood 42 (Oct. 2015) (with James Moeser). experiences” preceding incarceration).

Deborah Thompson Eisenberg (Maryland) Sandy Freund (Rutgers) The Restorative Workplace: An Organizational Learning The New ITIN Regulations - A Approach to Discrimination, 50 RICHMOND L. REV. 487 Recipe For Disaster for Low (2016); Reflections on “Innovations in Family Dispute Income Immigrants, 17 JOURNAL Resolution,” 75 MD. L. REV. ENDNOTES 1 (2016). OF TAX PRACTICE AND PROCEDURE 35 (Oct. 2015).

Heather Scheiwe Kulp and Amanda L. Kool (both Tamar Birckhead (UNC), Op-Ed, Will Supreme Harvard), You Help Me, He Helps You: Dispute Systems Court Decision be Death Knell for Life without Parole?, Design in the Sharing Economy, 48 WASH. U. J. L. & POL’Y JUVENILE JUSTICE INFORMATION EXCHANGE, 179 (2015). Jan. 26, 2016; The Challenges of Lawyering in Juvenile Court, NORTH CAROLINA ADVOCATES FOR JUSTICE: TRIAL BRIEFS, Jan. 2016, at 6-10; Op- Ed, Time to End Our Modern-Day Debtors’ Prisons, NEWS & OBSERVER (Raleigh, N.C.), Dec. 26, 2015.

Kate Soblosky Elengold Sarah Buhler (Univ. of Saskatchewan College (American), Branding Identity, 93 of Law), Sarah Marsden (not DENVER LAW REVIEW 1 (2015); pictured), and Gemma Smyth Structural Subjugation: Theorizing (Univ. of Windsor Faculty of Racialized Sexual Harassment in Law CLINICAL LAW: PRACTICE, Housing, 27.2 Yale Journal of Law and Feminism THEORY, AND SOCIAL JUSTICE 227 (2016) (forthcoming). SSRN. ADVOCACY

Robert Kuehn (Washington Barbara Bezdek, Community Debra Stark Univ.—St. Louis), Bias in En- Land Trust: Tools for (John Marshall), vironmental Agency Decision Mak- Development without What’s Law Got ing, 45 ENVIRONMENTAL LAW Displacement (Baltimore To Do With It? 957 (2016). SSRN Housing Roundtable, Jan. 2016) Judicial (together with Nullification Of the Community Domestic Violence Equity and CLEA POSTS Remedies, 10 Nw. J.L. & Soc. Development CLINICAL JOB Pol’y. 130 (2015). Clinic students). OPPORTUNITIES Page 30 Good News: Books & Publications Volume 24, Issue 1

Jay A. Mitchell (Stanford) just Anita Sinha (American) published Picturing Corporate Practice (WEST Slavery By Another Name: "Voluntary" ACADEMIC 2016), a book targeted to Immigrant Detainee Labor and the students and new lawyers headed into corporate Thirteenth Amendment, 11 STAN. and transactional practice. The book features a J.C.R .& C.L. 1 (Jan. 2015); Ending user-friendly design, over 50 diagrams, timelines, and other Mass Incarceration but not for Immigrants,: graphics, and considerable vocabulary and practical suggestions A Tale of Two Policies, Huff. Post, July 27, 2015. for the new lawyer.

Sarah Rogerson (Albany), Clinic Director and Peter Joy (Washington Director of the Immigration Law Clinic, will publish Univ.—St. Louis), Misuse of her latest article, “The Politics of Fear: Unaccompanied Letterhead by Prosecutors and Immigrant Children and the Case of the Southern Attorneys General, 30 CRIMINAL Border” in an upcoming volume of the Villanova Law JUSTICE 48 (Winter 2016) (co- Review. author). SSRN

Sam W. Straus and Robert C. James A. Sonne Brenda Smith (American), Boys, Rape Bordone (both Harvard), Harvard (Stanford), Religious and Masculinity: Reclaiming Male Law School Case Studies, United Liberty, Clinical Narratives of Sexual Violence in Custody, States v. Education, and the Art 29 N.C.L. Rev. 1559 (2015); Social T e l l e r of Building Bridges, 22 Science Research Network, Top Ten (Published: Clinical L. Rev. 251 Download List in Victims’ Rights: Boys, J a n u a r y (2015). Rape, and Masculinity: Reclaiming Boys’ Narratives 2016). of Sexual Violence in Custody (Aug. 7, 2015).

Michael Pinard (Maryland), Poor Black and Mary Lynch (Albany) co-authored a piece “Wanted”: Criminal Justice in Ferguson and with Professor Andrea A. Curcio (Georgia Baltimore, 58 HOWARD L. J. 857 (2015); State) for the Journal of Legal Criminal Records in the Post-“Great Society,” Education entitled, NEW YORK LAW SCHOOL, IMPACT “Incentivizing and Assessing CENTER FOR PUBLIC INTEREST LAW 38 Faculty Committee Work -46 (2015). Contributions: Why Now?” Jenny Roberts (American), Collat- eral Consequences of Criminal Con- Joan Meier (George Washington), Donna Coker (Miami), victions: Law, Policy, & Practice (West Elizabeth McDowell (UNLV) and Ann Cammett (CUNY), et 2016) (with Margaret Colgate Love & al. published Teaching About Domestic Violence in the Violence Cecelia Klingele); Expunging Ameri- Against Women journal. ca’s Rap Sheet in the Information Age, 2015 Wisc. L. Rev 321.

Sarah Downer (Harvard), Massa- chusetts Community Use Toolkit: Helping Kids and Communities Be Healthy and Active (March 2016). Volume 24, Issue 1 Page 31

What is CLEA? Most clinical teachers are members of the AALS Clinical Legal Education Sec- tion. But in 1992, several clinicians realized that there were important activities that could not be performed by AALS Section members, at least not without Advocating for clinical the cumbersome approval process of the AALS Executive Committee. CLEA was formed as a separate organization to permit clinical legal educators to act legal education swiftly and independently, and to open membership to persons who were not eligible to join the Section. CLEA does not compete with the AALS Section but as fundamental to a augments it, and CLEA continues to urge clinical teachers to belong to both entities. lawyer's education. CLEA is currently engaged in activities such as: CLEA Newsletter Committee Advocating for excellence in legal education with the ABA Council on Legal Education and its committees (such as the Standards Review Committee). Indeed, this advocacy has become one of CLEA’s primary endeavors – whether supporting job security and governance rights for clinical and oth- er skills teachers or seeking ABA support for curriculum reform. CLEA

advocacy has made a difference. It has never been more important than it

is now, when ABA support for our work preparing students for the prac-

tice of law is at risk of erosion.

CLEA supports individual schools and clinicians facing political interference or threats to academic freedom of clinics. CLEA works with AALS and NYU to publish the peer reviewed Clinical Law Lauren Bartlett Susan Donovan Review (which comes free with a CLEA membership). (Ohio Northern) (Alabama)

CLEA sponsors the bi-annual New Clinical Teachers conference and co- sponsors numerous other conferences. CLEA authors amicus briefs on topics important to legal education.

CLEA commissioned the writing and publishing of the 2007 book, Best Prac- tices for Legal Education (Roy Stuckey et al), which, along with the Carne- gie Report, “Educating Lawyers,” is prompting a major re-evaluation of legal education. CLEA sponsors awards for students, clinical teachers, and for clinical pro- D’lorah Hughes Katherine Kruse grams. (Wayne State) (Mitchell Hamline)

Upcoming Events

 CLEA Board Meeting,  CLEA Membership TBA. Friday, April 29, 2016, Meeting, Saturday,  Externship Dinner, Sun- 10:00 am—11:30 am, Bo- April 30, 2016, 6:30 day, May 1, 2016, 7:30 pm gomolny Room, University pm—7:30 pm, Harbor- at B-“A Bolton Hill Bis- of Baltimore Student Cen- side E, Marriott Balti- tro”. RSVP by Thursday,

ter, 21 West Mt. Royal Ave., more Waterfront Hotel, April 28. Baltimore, MD Baltimore, MD.  Third National Symposium  CLEA Strategic Planning  Externship Commit- on Experiential Learning in Retreat (for CLEA Board), tee Meetings, Sunday, Law, June 10-12, 2016, New April 29, 2016. May 1, 7:30-9:00 am York Law School, New EDITOR and Tuesday, May 3, Tanya Asim Cooper York, NY. Register here. 7:30-8:30 am, Location Pepperdine