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Teaching the Next Generation of Lawyer Leaders in a Time of Polarization could not be a more timely or important theme. How do we build the next generation of lawyer leaders when our students have grown up in an era of strong division, attack on our institutions of government, and the frequent rejection of civil discourse? This year’s conference will focus on the unique challenges we and our students face as future lawyers and leaders in a highly polarized world.

We’ve changed the conference format this year. You have told us that having time with old friends, meeting new colleagues, finding mentors, and attending sessions with immediately-applicable takeaways for your teaching and scholarship are what make our conference valuable. When we ask for your opinions and recommendations, we listen. We’ve made some small and large changes to encourage those aspects and to model community building as an antidote to the polarization that surrounds us, even in our own community.

Here’s what’s new: • More, shorter concurrent session slots of 45 minutes each • Very short 20-minute “lightning” sessions • 15-minute breaks between sessions for mingling • A robust, “good to the last drop” final morning on Tuesday • Creativity and play options throughout the conference including a community unity flag art project and Grand Finale Karaoke Singalong with cupcakes!

We have loved and had fun planning this conference. We hope you leave this year’s conference feeling unified, edified, energized, and happy on Tuesday afternoon.

Planning Committee for 2019 AALS AALS Executive Committee Conference on Clinical Legal Education Vicki Jackson, Harvard Law School, President Alina Ball, University of California, Hastings Wendy C. Perdue, The University of Richmond College of the Law School of Law, Immediate Past President Lisa Brodoff, Seattle University School of Law, Darby Dickerson, John Marshall Law School, Chair President-Elect Lisa Martin, University of South Carolina School Mark C. Alexander, Villanova University Charles of Law Widger School of Law David Moss, Wayne State University Law School D. Benjamin Barros, University of Toledo College Carol Suzuki, University of New Mexico School of of Law Law Erwin Chemerinsky, University of California, Mary Tate, University of Richmond School of Law Berkeley School of Law Carwina Weng, Indiana University Maurer School Gillian L. Lester, of Law Camille A. Nelson, Washington College of Law L. Song Richardson, University of California, Irvine School of Law

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Table of Contents

Schedule at a Glance ...... 6 Program ...... 7 Daily Sessions Committee Meetings Events Poster Presentations ...... 31 Works in Progress ...... 33 Pilot Intensive Paper Feedback Sessions ...... 34 Bellow Scholars Reports ...... 43 Working Group Exercise: Social Identity Wheel ...... 45 Exhibitors ...... 46 General Information ...... 47 Private Room for Parents Walking Directions to Law School Reception Future Clinical Conference Hotel Floor Plans ...... 48

CONFERENCE EVALUATION The Evaluation Form will be emailed to you soon after the conclusion of the Conference.

5 Schedule At a Glance

SATURDAY, MAY 4 7:30 am – 7 pm AALS Registration 2 – 6 pm Workshops 6 – 7:30 pm AALS Reception Featuring Clinical Legal Education Posters

SUNDAY, MAY 5 7:30 am – 7 pm AALS Registration 7:30 – 9 am AALS Section on Clinical Legal Education Committees 9:15 – 9:30 am Welcome and Introduction 9:30 – 10:30 am Opening Plenary: America Polarized – What Drives Us Apart? What Brings Us Together? 10:45 am – 12:15 pm Working Group Discussions 12:30 – 2 pm Luncheon: AALS Section on Clinical Legal Education Shanara Gilbert Award Presentation and Recognition of New Clinicians 2 – 2:45 pm Concurrent Sessions 3 – 3:45 pm Concurrent Sessions 4 – 4:20 pm Lightning Sessions 4:40 – 5 pm Lightning Sessions 5:30 – 7 pm Reception Sponsored by Northern California Law Schools

MONDAY, MAY 6 7:30 – 8:45 am AALS Section on Clinical Legal Education Clinicians of Color Committee 7:30 – 9 am Contemplative Practice Circle 9:15 – 10:30 am Keynote 10:45 am – 12:15 pm Working Group Discussions 12:30 – 2 pm Luncheon: Social Justice Speaker Presentation and CLEA Awards 2 – 2:45 pm Concurrent Sessions 3 – 3:45 pm Concurrent Sessions 4 – 4:45 pm Concurrent Sessions

TUESDAY, MAY 7 7:30 – 9 am AALS Section on Clinical Legal Education Committees 7:30 – 9 am Contemplative Practice Circle 9 – 10:30 am AALS Section on Clinical Legal Education Works in Progress and Pilot Intensive Paper Feedback Sessions 9 – 10:30 am Bellow Scholars Reports 10:30 – 11:15 am Concurrent Sessions 11:30 – 11:50 am Community Singalong Karaoke and Unity Flag Celebration + Cake

6 Conference Schedule

2 – 6 pm publication processes. In part three, each Saturday, May 4 Learning Law Through attendee shares a scholarly idea and receives feedback in a roundtable format designed to Experience and by Design help them refine their thesis and the scope of Workshop their project. Attendees do not share written 7:30 am – 7:30 pm Union Square 14, Fourth Floor work or drafts. Prior workshop attendees AALS Registration have reported that the workshop motivated Yosemite Foyer, Ballroom Level Danielle Cover, University of Wyoming them to start and complete their scholarly College of Law projects. Chris Roberts, The University of Texas 7:30 – 9 am School of Law 2 – 6 pm Refreshment Break Carwina Weng, Indiana University Maurer Yosemite Foyer, Ballroom Level School of Law Social Dreaming Matrix Project Workshop 2 – 6 pm Looking to change your experiential Union Square 19, Fourth Floor learning curriculum? Finding yourself Workshops designing a whole new program, clinic, or Marc Maltz, Partner, Triad Consulting externship course? Whether your focus is Group (Advance sign up for workshops was social justice lawyering, skills, ethics, and/ Evangeline Sarda, Boston College Law required. Attendance is limited and not or substantive knowledge, this workshop School open to walk-ins.) will help you design a course that turns your teaching goals into learning outcomes Social Dreaming (SD) is a means to 2 – 6 pm and situates the course within your school’s understand our dreams in relation to the broader mission. Participants will read communities and organizations in which we Clinicians of Color Workshop about and use backward design, an approach live and work. In a Social Dreaming Matrix Union Square 15&16, Fourth Floor to instructional design pioneered by Grant (SDM), participants gather to share dreams Wiggins and Jay McTighe, to build a course and explore the social nature of dreams. Llezlie Green Coleman, American of each participant’s choosing. Participants The focus is always on the dream, not the University, Washington College of Law will also use a draft of an upcoming dreamer. From this stance, each dream Sherley Cruz, American University, publication written by Carwina Weng, and our associations to it connect to other Washington College of Law Meg Reuter, Chris Roberts, and Danielle dreams and to the broader world. When Renee Hatcher, The John Marshall Law Cover as a model for creating an effective, dreams are taken collectively, the matrix School intentionally designed instructional path. provides insight into the broader contexts Tameka Lester, Georgia State University By the end of the workshop, participants in which we live and provides access to College of Law will have identified the intellectual home new ways of thinking about our work, Marbre Stahly-Butts, Co-Director, Law 4 for their course, learning goals, final interactions and context. Black Lives assessment, evaluation rubric, and learning Erika Wilson, University of North Carolina outcomes. They also will receive feedback Workshop participants will learn about SD School of Law from colleagues and facilitators on their and how to host SDMs. Then, each morning drafts. of the conference, workshop volunteers The Clinician of Color Workshop seeks may host or participate in an SDM open to to deepen both the relationships and 2 – 6 pm all conference participants, like morning professional support systems of clinicians meditation or yoga sessions. The collection of color while providing support for Scholarship Support Workshop of dreams will be available to workshop advancement in the legal academy. Union Square 20, Fourth Floor participants for meaning-making with The workshop will feature a number of potential post-conference follow-up. The segments covering issues uniquely relevant Wendy Bach, University of Tennessee long-term goal is to host future SDMs in to clinicians of color, including but not College of Law future conferences and collect dreams over limited to the following: navigating issues Michele Estrin Gilman, University of time, providing an opportunity to document of race within our institutions, issues facing Baltimore School of Law and gain insight from dreams over time communities of color in relationship to our about our shifting context and work. clinical work, the pedagogy of movement The Scholarship Support Workshop is lawyering, understanding and supporting designed to support new and emerging 3:45 – 4 pm members through the promotion and tenure scholars in identifying scholarly topics, process, developing a pipeline of future developing writing strategies, gaining Refreshment Break clinicians of color, and helping clinicians feedback on writing, and obtaining Yosemite Foyer, Ballroom Level of color move into leadership positions in publication. This workshop is a safe space the academy. The workshop will be led and to ask questions, share ideas, and obtain co-facilitated by committee members and support. In part one, we consider the co-chairs with active participation from advantages clinicians have as scholars, and attendees. The workshop will be followed we brainstorm about ways to overcome by a happy hour co-hosted with Law 4 Black writing barriers. In part two, we discuss Lives. the nuts and bolts of the presentation and

7 Conference Schedule – Saturday, May 4

6 – 7:30 pm 7:30 am – 5:30 pm Grand Ballroom B, Grand Ballroom AALS Reception Featuring AALSSunday, Registration May 5 Level Clinical Legal Education Posters Yosemite Foyer, Ballroom Level Welcome: Imperial Ballroom, Ballroom Level Sean M. Scott, AALS Associate Director and Loyola Law School, Los Angeles (see page 31 of this program for poster 7:30 – 9am presentation descriptions) Section Committee Introduction: Meetings Lisa E. Brodoff, Chair, Planning Committee Innovation and Tradition: A for 2019 Conference on Clinical Legal Survey of Intellectual Property and Communications Committee Education and Seattle University School Technology Legal Clinics Union Square 5 & 6, Fourth of Law Cynthia Dahl, University of Floor Law School Liaison: Kim Ambrose 9:30 – 10:30 am Victoria F. Phillips, American University, Opening Plenary: America Washington College of Law Chair: Gail Silverstein Polarized: What Drives Us Dispute Resolution Skills Guide Teaching Methodologies Apart? What Brings Us Students Through Times of Committee Together? Union Square 7, Fourth Floor Polarization Grand Ballroom B, Grand Ballroom Daniel Gandert, Northwestern University Liaison: Elizabeth Keyes Level Pritzker School of Law Chairs: Benjie Louis and Jean Phillips Yung-Yi Diana Pan, Assistant Professor, What the New Clinician Needs to Externships Committee Sociology, Brooklyn College Know to Be an Effective Teacher in Union Square 8, Fourth Floor Daniel A. Yudkin, Postdoctoral Researcher, a Polarized World Liaison: Sue Schechter Yale University Department of Psychology Stephanie Glaberson, Georgetown Chairs: Sue Schechter and Amy University Law Center Sankaran Moderator: Zina Makar, University of Baltimore School Robert Edward Lancaster, Louisiana State of Law Membership, Training, and University, Paul M. Hebert Law Center Shanta Trivedi, University of Baltimore Outreach Committee The is experiencing another School of Law Union Square 9, Fourth Floor period of polarization. As clinicians, we Ensuring Fairness in the Process: Liaison: Leah Hill see the divides play out in our classrooms Chairs: Jodi Balsam and Katy Ramsey and hallways, among our students and Civil Protection Order Project clients, and in the places where we and our Melinda Cooperman, DC Law Students in students lawyer. We may situate ourselves – Court Policy Committee Union Square 10, Fourth Floor or be placed – at one end of the polarization Keeshea Turner Roberts, DC Law Students spectrum and contribute to its effects. We Liaison: Patience Crowder in Court may strive to mitigate the divides and to Chair: Kim Connolly Modeling Collaboration between teach our students to lawyer effectively across them. To do so, we should first Clinic and Adjunct Faculty: The 7:30 – 9 am better understand what is going on in this Creation of a Housing Rights Clinic contentious time. This session will help us in the Wake of City’s New Northeastern University School to explore the current polarization from Right to Counsel Law of Law Clinical Programs a social science perspective: What is its Kim Hawkins, Breakfast nature? How extensive and deep is it? What Union Square 20, 4th Floor, fuels it? What dampens it? The working Effective Storytelling and Media groups that follow will allow us to consider Building #3 Advocacy for Civil Justice System how the polarization manifests in our home Reform institutions and how these manifestations 7:30 – 9 am can help us to bridge the divides. Esme Caramello, Harvard Law School Refreshment Break Reflection Beyond Words: Visual Yosemite Foyer, Ballroom Level 10:30 – 10:45 am Metaphors as Vehicles for Teaching Refreshment Break Reflective Lawyering 9:15 – 9:30 am Yosemite Foyer, Ballroom Level Dustin Marlan, University of Massachusetts Welcome and Introduction School of Law - Dartmouth 10:45 am – 12:15 pm Working Group Discussions

(See Handout for your Working Group assignment and its meeting room location.)

12:30 – 2 pm

8 Conference Schedule – Sunday, May 5

AALS Luncheon: AALS Section 2 – 2:45 pm 2 – 2:45 pm on Clinical Legal Education Can State Bar Associations Competence Challenges M. Shanara Gilbert Award Overcome Polarization in the vs. Confidence Challenges: Presentation Academy and Improve Legal Exploring Tools for Combatting Grand Ballroom A, Grand Ballroom Education by Reforming Impostor Syndrome Level Admissions Standards? Plaza B, Lobby Level Lessons from California 2 – 2:45 pm Rupa Bhandari, Santa Clara University Union Square 22, Fourth Floor School of Law Kristen Hulse, University of Denver Sturm Concurrent Sessions Shauna I. Marshall, University of California, College of Law Hastings College of the Law Neha Sampat, Founder, Consultant, and 2 – 2:45 pm Jon Streeter, Associate Justice, Court of Coach, GenLead/Belong Lab An Ever-Evolving Mission: Appeal First Appellate District Charles D. Weisselberg, University of Coming Together to Function Impostor Syndrome is the feeling that we California, Berkeley School of Law are not cut out for the work we are doing, as One or want to be doing, combined with a fear Although experiential education is well- Franciscan B, Ballroom Level of being discovered as a fraud. This lack established, many leaders of the bench of intellectual/competency belonging is a and bar still seek to recalibrate the balance Nakia C. Davis, North Carolina Central pervasive phenomenon in high-achieving between theoretical and more practice- University School of Law populations (such as the legal industry) focused education. A number of law schools Tameka Lester, Georgia State University that influences how we engage with peers, have heard these calls and emphasize College of Law clients, and superiors; how we assess clinical training. But, as a whole, the legal Jesse McCoy, Duke University School of Law our abilities and contributions; how we academy seems unable to engage in more respond to feedback; how we maintain our Most law schools were founded with a than incremental change, as shown by the wellness and retention in the profession; and particular mission, framed at the school’s ABA’s recent decision to require only six whether we seize professional opportunities. inception and designed to address various units of experiential education. This session The limiting effects of these beliefs and needs within the school community, state, asks whether State Bar Associations and perceptions may be particularly acute for nation, or world. Since the majority of our Committees of Bar Examiners can use their diverse law students and/or those who law schools have been in existence for at leverage to rebalance legal education. In 2012, are first-generation professionals, for least half a century, it is our obligation to the California State Bar Association formed whom there may not be ready mentors or ensure that their missions are still relevant. a Task Force on Admissions Regulation accessible role models to provide a reality Legal education programs work in silos Reform. In its first phase, TFARR proposed check. Clinical and externship faculty that represent how its particular clinics that as a requirement for admission to the are well-poised to identify, interrupt, and meet the needs of the community. Our California Bar, applicants have 15 units of address Impostor Syndrome in our students: students are becoming lawyers at a very practice-based experiential coursework (or while our practically-oriented approach critical time when we have an obligation to its equivalent in “apprenticeships”). In its exposes students to the myriad realities of not only educate, but to instill within them second phase, TFARR revised parts of the practice and provides them with tools for the idea that in the context of the law and proposal, which the Bar’s Board of Trustees navigating various settings, so too does our clinical legal education, there is only one adopted in 2014. The recommendations pedagogy require that we regularly engage community made of up of various people were eventually tabled due to several factors, and reflect with them. As a byproduct of this from all walks of life. To introduce, prepare, including a budget crisis within the State arrangement, we can create a comfortable and provide our students with the best Bar and opposition by law deans on a special space in which students (even those whose possible experience in preparation for the AALS committee and those on the ABA’s self-doubt may make them reluctant to actual practice of law, it is our obligation to Council of the Section on Legal Education engage) can share with us their perspectives, provide them with as many opportunities as and Admissions to the Bar. possible. concerns, and vulnerabilities. The session will begin with an overview of This actionable and interactive session will In this session, we will discuss collaborative the California experience. Panelists will then offer a legal education-grounded, cross- models of education, including cross-clinic address questions such as: Can the legal disciplinary exploration of how our students’ collaboration between in-house clinics academy recalibrate the balance between self-doubt can manifest in classroom and and other educational programs at our theory and practice on its own? Can field settings (including the limiting effects universities and community organizations. innovation in requiring more competency- these feelings and perceptions have on the We will discuss the importance of focused training heal divisions within the learning process), and explore the role that consortiums amongst law schools within academy and foster greater collaboration clinical and externship faculty can play each state to provide students with among different types of teachers? Do State in identifying and disrupting Impostor experiences that are not available at their Bars have a legitimate interest in shaping Syndrome through evidence-based tactics own clinical program. This model allows legal education and do they possess relevant and tools to help students shift to a more students to take advantage of programs expertise? Is it appropriate for a single state confident, growth-oriented mindset. offered at other institutions while gaining a to alter its admission requirements, or can more global view of everyday life in addition this lead to chaos if states adopt different to the standard principles involved in the requirements? traditional practice of law.

9 Conference Schedule – Sunday, May 5

2 – 2:45 pm 2 – 2:45 pm In these polarized times, there is nothing Lawyering with Technology: Melting Polar Icebergs: more fraught, more difficult to address, and more important to address to foster Skills and Habits of Mind Teaching Law Students to community within and beyond our clinics, for Teaching How to Lawyer Access Empathy and Channel then the many manifestations of race and Effectively for Change Their Passion to Empower privilege. Franciscan A, Ballroom Level Their Clients and Themselves As minority law professors who teach in Franciscan C, Ballroom Level Conrad Johnson, Columbia Law School one of the most diverse law schools in the nation, we have frequently considered how Ann Juergens, Mitchell Hamline School of Kathryn Banks, Washington University in our own identities and experiences impact Law St. Louis School of Law the way we teach aspiring lawyers to practice Joseph A. Rosenberg, City University of Anne Bautista, California Western School in an increasingly polarized world. When New York School of Law of Law should one bring personal identity into the Takao Yamada, Co-Founder, Airport Lawyer Craig Beswick, Vice President of classroom? What roles and responsibilities Community Partnerships, Learn4Life In a time of polarization and marginalization, do minority professors have in interacting Katie Meyer, Washington University in St. it is critical that we teach students how to use with the student body? Do we have unique Louis School of Law technology to practice, and to use all of the skills or approaches that we can bring to the tools at our disposal for our clients. We have Toady’s law students are learning in a highly table that are informed by our experiences a professional responsibility to understand digitized and politically charged environment being minorities? Does this mean that an the benefits and risks of technology. We that encourages stark polarization and unfair burden is placed on minority faculty need to prepare our students for practice, devalues interpersonal skills, particularly as opposed to our non-minority colleagues? which includes using technology to help empathy. Clinical legal education presents What are the pitfalls and advantages fill the justice gap, understanding how to a unique opportunity for clinicians to help of bringing personal identity into the communicate securely and persuasively, students work through these challenges, classroom? gathering facts online, understanding the helping them to find the balance between The goals of this panel will be (1) to dangers of personalized search engine advocacy, professionalism, and empathy. examine the teacher-as-neutral-guide who practices, appreciating the impact of AI This session will provide participants with discloses little of their own experience or in our work, writing for the digital reader, the opportunity for discussion around the perspective, and (2) interrogate whether managing our digital footprints, developing barriers faced by students today and ways and how injecting personal experience as and customizing our own tech tools, and to encourage students to “dive” beneath diverse instructors can enhance learning practicing in courts that increasingly the surface to find connections. Session and decrease polarization. require e-filing and use of technology in the presenters will share techniques they have courtroom. used in their clinics to teach empathy as a core transferrable skill. Techniques will include 2 – 2:45 pm This session combines a range of exercises to help students see beyond labels/ Teaching About Racial and perspectives, using our clinical work as preconceived ideas, lessons in cross-cultural examples: a Lawyering in the Digital Age Economic Justice in the Age of lawyering as a way to be comfortable with Clinic that has been a pioneer in law practice Trump similarities and differences, and simulations technology, an Elder Law Clinic with mostly to help students actively listen. The session Union Square 23 & 24, Fourth Floor evening part-time students, and a Housing will also include ways to use an understanding Justice Chatbot-building Clinic for online Patience A. Crowder, University of Denver of ACES (Adverse Childhood Experiences) law students located in eight different states. Sturm College of Law to help students understand how to meet In addition, Takao Yamada, a lawyer tech- Jennifer Lee, Temple University, James E. clients where they are and provide effective entrepreneur who worked with Neota Logic Beasley School of Law advocacy. In all, the session will demonstrate to build the Airport Lawyer app (see www. Ranjana Natarajan, The University of Texas how clinicians can help students develop a AirportLawyer.org) after the Muslim travel School of Law professional and personal toolkit that will ban will contribute to the discussion of why Ragini N. Shah, Suffolk University Law allow them to engage with clients, the legal and how to teach our students about uses School system, and the law school community in a of technology in practice. We will ask the way that empowers them to be passionate, following questions to discover practical The goal for this session is to have engaged, and connected. approaches to using technology regardless participants walk away with an of practice area, type of clinic, or tech understanding of how to talk about race and expertise: Why should I incorporate practice 2 – 2:45 pm class in the current context by discussing technology into my clinical teaching? What Minority Law Professors: the potential methods for helping students is the minimum technological competence Questions and Reflections on understand and develop the skills and values that students need to affirmatively assist that every law student should achieve before Diverse Faculties in a Time of graduation? What technology tools can my individual and organizational clients by students and I use more effectively? How Polarization furthering racial and economic justice. The can I develop the expertise to teach students Yosemite B, Ballroom Level session will begin with each presenter giving about law practice technology? Where am I an example of a case which they chose for going to find the time to do this? Nermeen Arastu, City University of New the express purpose of helping students York School of Law further racial and economic justice and Babe Howell, City University of New York listing the skills that they needed to teach in School of Law each case focusing on the skills common to Fareed Nassor Hayat, all four practice areas. Each presenter will School of Law also discuss one challenge of and one benefit Nicole Smith Futrell, City University of to being women of color teaching the skills New York School of Law needed to counter biased narratives. 10 Conference Schedule – Sunday, May 5

The presenters will then ask participants to student’s generation. In doing so, we risk 2:45 – 3 pm engage in a discussion designed to meet the inflicting identity-based assumptions on our Break learning objectives that participants will: students, all while trying to teach students understand what we mean by furthering how to resist and combat those same types racial and economic justice; leave with of assumptions in legal practice. This session 3 – 3:45 pm methods of how to teach about racial and will encourage the clinical community economic justice in their clinics through to practice what we preach by combating Concurrent Sessions both seminars and client work, including generation-based assumptions, withholding how to navigate these conversations judgment, employing empathy, and meeting 3 – 3:45 pm with their clients; understand how each our students where they are. Creating Safe Spaces for clinician chooses cases/projects to allow Learning Through Disorienting students an opportunity to counter 2 – 2:45 pm negative narratives and frame positive and Moments in Unsafe, Polarizing empowerment narratives for poor people Tools for Addressing Implicit Times: Developing a Toolbox and people of color; understand what skills Bias with the Next Gen Plaza A, Lobby Level are taught across a diverse range of clinics Franciscan D, Ballroom Level to help students frame these positive and Jon C. Dubin, empowerment narratives for their clients Rebecca Feldmann, Villanova University Paula Galowitz, New York University and their own professional development; Charles Widger School of Law School of Law understand how these skills could transfer to Susanna Greenberg, Villanova University Catherine F. Klein, The Catholic University an even broader range of clinics; understand Charles Widger School of Law of America, Columbus School of Law what it means to be women of color teaching Sharon Wilson, Villanova University these skills Charles Widger School of Law We will address complex issues in creating safe, non-judgmental learning environments In this time of polarization, clinicians seek for our students while also challenging them 2 – 2:45 pm to cut through the noise of fake news and and encouraging “disorienting moments.” Teaching Reflective Practice to alternative facts to give our students the tools The session will be highly interactive with Increase Equity and Inclusion they need to challenge artificial divisions and opportunities for both small and large group Yosemite A, Ballroom Level remain unified in our advocacy of justice. discussions. As part of this session, we will Using “implicit bias” as a starting frame, revisit the literature and practice around Seema Patel, University of California, we can provoke students to confront the creating disorienting moments, including Berkeley School of Law challenges that we all face to rid ourselves its ability to challenge assumptions and Tirien Steinbach, Executive Director, ACLU of unconscious beliefs that highlight encourage transformational learning. of Northern California “differentness” in an increasingly hostile Clinical education is at a particularly world. We can cultivate deeper engagement challenging time. On the one hand, we want 2 – 2:45 pm around how lawyers should confront implicit to create safe environments where judgment bias when representing clients. can be suspended, as many of our clinics are The Harms of the ‘Millennial’ situated in a world of polarization. At the Label in an Era of Us vs. Them This session will draw on our experience same time, we don’t want the environment Plaza A, Lobby Level developing, teaching, and self-critiquing to be so safe that we don’t challenge students implicit bias training to all 2L and 3L to think critically. Andrew Budzinski, The George Washington students at our law school as part of University Law School Villanova’s required two-year module The toolbox we create in this session Pooja Dadhania, California Western School on Professional Development. Over four will include: setting the tone in advance, of Law workshops, we honed an instructional plan including respect for different approaches Maya Lentz, The George Washington to introduce implicit bias in an accessible and emotional awareness; designing University Law School and impactful way to law students, within exercises that can help produce intuition Joseph Pileri, American University, institutional constraints. At the same time, and value challenges; methods for conflict Washington College of Law we came to recognize inherent tensions de-escalation and re-direction; transparency Wyatt Sassman, University of Denver Sturm that result in a de-emphasis on explicit and in our teaching goals; and the importance of College of Law structural bias as root causes of inequality. modeling. This session will share the approach and In this session, the presenters, all from multi-media set of materials we developed, 3 – 3:45 pm the “millennial” generation, will explore such that attendees will be prepared to the ways in which clinical and externship lead such a training and/or introduce this Cultivating Empathy as a teachers use (and misuse) the term topic in their clinical teaching. Second, Crucial Lawyering Skill “millennial” to explain common student through small group discussions, we will Plaza B, Lobby Level behaviors. We will discuss the ways in formulate a shared set of best practices which generational stereotypes can create for addressing implicit bias, for which Caitlin Barry, Villanova University Charles distance between student and teacher and participating clinicians can advocate within Widger School of Law undermine effective supervision, as well our institutions and incorporate within our Davida Finger, Loyola University New as approaches to supervising students clinical curriculum. Finally, attendees will be Orleans College of Law that do not categorize them. In a highly asked to reflect thoughtfully on critiques of Brandon Greene, University of California, polarized time characterized by identity- implicit bias training as well as brainstorm Berkeley School of Law based attacks, educators must confront our new ideas about how it might best be used Christopher Lasch, University of Denver own assumptions about students based on to help our students to interact with clients, Sturm College of Law their generation. All too often, educators lawyers, and judges, and to understand the Fatma Marouf, Texas A&M University attribute behaviors, preferences, and larger structural forces at play in the systems School of Law common student misunderstandings to the within which we work. 11 Conference Schedule – Sunday, May 5

Donald Trump’s election has inevitably This session will explore how bias manifests this age of polarization. Empirical research led to placing marginalized communities in feedback, why it matters, how it plays out suggests that most human beings (even law in imminent danger. Policies such as the in our clinics and externships and in the professors) suffer from a bias “blind spot,” travel ban and the separation of parents workplace, and how to overcome engaging causing them to think that “other people” are and children forced the nation to grapple in bias feedback. In particular, the session biased, while they are fair and objective. This with its visceral reaction as the struggle will discuss: the science and evidence behind “blind spot” can complicate the discussion between morality and legality played out bias creeping in to the process of giving of controversial issues. If the academy in in the news cycle. Poor communities of all feedback; the common types of feedback- general is considered to lean to the left and types, and communities of color specifically, related bias (e.g., confirmation bias, in- the legal academy leans even further to the have not been safe from the whims of those group bias and availability heuristic); our left, the clinical academy may lean so far to in power for some time. However, the last natural discomfort with engaging in difficult the left as to be almost horizontal. But not two years have seemingly invigorated the conversations across gender and racial lines; all our students share that perspective. How desire among some to resist, fight back, and and how to avoid giving vague or problematic do we discuss these important societal issues question the sanctity and security of the feedback. In addition, in light of the ABA’s openly so that our students who do not share legal, political, and social customs we have new spotlight on assessment (both at the our beliefs feel free to express their beliefs? come to accept as norms. classroom level, but also at the program And if we are successful in getting everyone of legal education as a whole), the session to express their beliefs, how do we prevent Many clinical law students will encounter the will discuss how to identify neutral metrics students who are feeling marginalized from real-life consequences of this cultural shift and grading rubrics to assess students’ feeling even more marginalized by the for the first time in their role as legal counsel performance and their ultimate success. expression of those beliefs? to vulnerable clients and may present a range Though the final session content and format of reactions from reluctance and judgment is a work-in-progress, we are including a 3 – 3:45 pm to an impulse to rescue clients and play the draft presentation. We intend to incorporate hero. This backdrop provides ample fodder interactive components working through Overspecialized and for much-needed innovation within the hypotheticals either through small-group Underprepared: A Critique of clinical space. As clinicians, we provide our or full-group discussion and engaging in a Clinical Legal Education and a students with training that prepares them to dialogue with our colleagues on techniques Model for Change be zealous advocates. Fact gathering, issue they have employed in their school as well Union Square 23 & 24, Fourth spotting, motion practice, and oral advocacy as rubrics aimed at eliminating bias in the are crucial skills to be taught and learned, feedback and grading process. Floor but in order to be truly prepared, students M. Lucia Blacksher Ranier, Tulane must also learn empathy and the role it plays 3 – 3:45 pm in every interaction with clients and the legal University Law School system. Our task is to provide them with the Learning About the Forest Samuel T. Brandao, Tulane University Law framework to navigate ethically, morally, by Examining the Trees: School and empathetically through interactions in Becki Kondkar, Tulane University Law Discussing Systemic Concerns School which they hold power and privilege. In this in the Context of Direct Client session small breakout group conversations Katherine Mattes, Tulane University Law will delve deeply into some of the issues Representation School implicated in training students in empathy- Yosemite B, Ballroom Level In this moment of social, political, and centered legal practice. Bradford Colbert, Mitchell Hamline School economic polarization, clinical legal educators must do more than equip 3 – 3:45 pm of Law Rachel Moran, University of St. Thomas students with the technical skills necessary Feedback Bias in Experiential School of Law to conduct the daily tasks of lawyering, Learning Perry Moriearty, University of Minnesota and also more than address a single social Yosemite A, Ballroom Level Law School justice cause. If we want to graduate Robin Walker Sterling, University of lawyers who can meet the pressing legal Anne Gordon, Duke University School of Denver Sturm College of Law problems of our time, clinics must teach Law Carl Warren, University of St. Thomas and model integrative legal processes that Latonia Haney Keith, Concordia University School of Law draw complex connections between social/ School of Law legal problems such as domestic violence, Most clinicians represent individual community violence, gender inequity, In the current political climate, experiential clients in individual matters. Through the racism, homophobia, poverty, crime, education teachers are more regularly representation of their clients, professors mass incarceration, childhood trauma, incorporating classes on how to recognize teach a wide array of essential legal skills, unaffordable housing, and the plight of and confront implicit bias, encouraging including interviewing and counseling, undocumented immigrants. our students to identify and address bias problem-solving, collaboration, negotiation, both within the legal profession and within and advocacy. But frequently our clients, This session challenges clinicians to themselves. In doing so, we, as experiential and sometimes the matters themselves, consider whether the specialized practices educators, often miss the fact that we too also sit at the center of important societal of subject-matter clinics sometimes foster are subject to implicit bias, especially issues such as mass incarceration, poverty, narrow approaches to legal problem-solving when providing feedback and guidance to and race. In this session, we will first in our students. Panelists will discuss how students and when attempting to grade our explore whether to raise these issues in three specialized clinics at Tulane Law students on their performance in class or in the clinic because the societal issues may School —the Domestic Violence Clinic, the fieldwork. appear to be only indirectly related to the Criminal Justice Clinic, and the Civil Rights individual client representation. We will Clinic —developed a model that encourages then explore how to discuss these issues in students to draw connections between seemingly unrelated legal problems, and

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promotes integrative, global thinking about 3 – 3:45 pm After years of expansion nationally, an legal solutions. Guided discussion will Technical Tools for Reaching alarming number of law school clinics have help participants identify specific ways to been shuttered in recent years. Some of these implement a more integrative approach to Clients and Students: Practical closings are due to deaths or retirements, clinical teaching by exploring a three-prong and Ethical Dimensions while others have resulted from institutional approach: 1) multi-dimensional lawyering Franciscan B, Ballroom Level decisions following the precipitous drop in (approaching client problems from a variety enrollment from 2011 to 2017 or the loss of of angles, examining the social and legal Jonathan Askin, grant funding for externally-funded clinics. context in which they occur, and advocating Mason Kortz, Harvard Law School Still other closings involve clinics that have for clients through multiple legal processes), Ron Lazebnik, Fordham University School low enrollment or may have run their 2) inter-clinic collaboration (creating joint of Law natural course. In many cases, the political projects that encourage complex thinking Shaun Spalding, California Western School forces surrounding the decision to close a about interconnected problems), and 3) of Law clinic can be enormous and overwhelming. integrated law and policy (examining To further complicate a clinic closing, the the legal and institutional structures that For many years, clinics have been at the ethical obligations are both complex and contribute to a social problem, and then forefront of adopting new technologies for unclear. For example, who is responsible for developing related training, policy, or law teaching and legal practice. Coordinated use the continuing representation of the clinic’s reform). of technical tools allows many clinics to get clients—the law school, other attorneys in the more out of limited resources and hours, the clinical law program, or the attorney and to offer students cutting-edge expertise. 3 – 3:45 pm who is leaving? Can the client representation However, implementing each new solution be terminated? If so, by whom? How does Polarization in the Legal comes with its own difficulties, both one manage a dean who insists that they Academy: A Conversation on practical and ethical. Common technical will take over the closure of the clinic if Looking Inward to Break New pitfalls include adopting tools then never the clinic faculty do not handle the closing using them, over-engineering solutions of the clinic, including the termination Ground for simple problems, and implementing Franciscan C, Ballroom Level of client representation, in a manner that technical solutions without creating the the dean agrees with? Now imagine that corresponding policies needed to get the dean is not even licensed to practice law. Bryan L. Adamson, Seattle University most out of them. Ethical concerns raised School of Law Regardless of choice, the political risks are by technology include protecting client potentially career-ending. To make things Gillian Dutton, Seattle University School confidentiality, avoiding over-reliance of Law worse, the shame that one may feel being on technology, managing a social media associated with a clinic that is closing may D’lorah L. Hughes, University of California, presence, and maintaining competence in Irvine School of Law inhibit clinical faculty from discussing the the evolving work of modern lawyering. challenges they are facing both inside and Alexander Scherr, University of Georgia As clinicians, we must not only face these School of Law outside their institutions, which might problems in our own practice, we must prevent them from finding the answers and Jane K. Stoever, University of California, impress upon our students the importance Irvine School of Law wisdom they need to navigate these perilous of doing so in their future careers. waters. This session is intended to create a This session looks at the polarization By the end of the session, participants supportive space in which clinical faculty between clinical and externship programs, should be familiar with the practical and and administrators can talk openly about the reasons for and barriers created by that ethical concerns raised by the adoption of clinic closures, clearly identify the ethical polarization, and opportunities for breaking new technologies. Participants will learn rules that are implicated, and share wisdom down those barriers. The panel includes how to effectively address whether adopting regarding political strategies that have experiential faculty from two schools, one a new technology is appropriate for their helped them to survive such closures. live-client clinician and one externship needs. Participants should also understand clinician from each, as well as a moderator. the concept of “information management” 3 – 3:45 pm Participants will be asked to reflect on some and have some basic strategies for improving What’s Economic Inequality thought-provoking questions about their their practice in this area. own experiential programs, interrogating Got to Do with It? Everything! what efforts have been made to increase Strategies for Teaching 3 – 3:45 pm inclusion and decrease the unintended Economic Inequality in Clinics effects of hierarchical systems. They will The Death of a Clinic Franciscan D, Ballroom Level come away with information to help them Franciscan A, Ballroom Level assess their own programs, suggestions Alicia Alvarez, The University of Michigan for ways to build collaborations, ideas for W. Warren Hill Binford, Willamette Law School curricular innovations, and discussion of University College of Law Renee Hatcher, The John Marshall Law internal and external obstacles along with Stacy Caplow, Brooklyn Law School School strategies for overcoming them. Externship Liz Ryan Cole, Vermont Law School Gowri J. Krishna, New York Law School and clinical faculty at UC Irvine and Seattle Danielle Cover, University of Wyoming Rachel E. Lopez, Drexel University Thomas University School of Law will describe their College of Law R. Kline School of Law concrete challenges and successes and show Genevieve Mann, Gonzaga University Camille K. Pannu, University of California, how breaking down polarization in the legal School of Law Davis, School of Law academy itself can benefit clients, students, Suzan M Pritchett, Drake University Law staff, and faculty alike. School Our current economic system and the vast Wendy Seiden, Chapman University Dale inequality it begets affects us all, including E. Fowler School of Law our students and clients. Concentrated wealth and income inequality undermine our democracy. “On one hand, the growing

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disparity between rich and poor ensures context of rapid change in the organization historical, systemic, or persistent patterns that very few have the resources and and delivery of legal services. Although of discriminatory treatment against time to engage in the democratic process experiential education is now commonplace persons or communities. During this in a meaningful way. On the other, the in the majority of accredited law schools, panel discussion, Professors Allison Korn, concentration of power in the hands of a and New York permits use of alternative Katherine Garvey, and Sarah Dávila-Ruhaak few financial elites erodes public trust in our models like its innovative Pro Bono Scholars will discuss environmental racism from democratic institutions.” Without economic program to satisfy residence and curricular different perspectives and areas of clinical democracy, there cannot be meaningful prerequisites, are law schools in fact work. Specifically, they will discuss how political democracy. Thus, we believe it is sufficiently focused on accomplishing the environmental racism disproportionally imperative for clinics to explicitly address real learning outcomes necessary to meet affects poor communities of color, or ethnic our economic system. this new standard? or linguistic minority communities. They will discuss how clinical projects can be This session will explore how to teach about The session will provide an overview of New approached from an environmental racism the economy and economic inequality in a York’s competency requirement, identifying justice perspective in the areas of the right clinical setting. It will examine ways to talk its goals and potential benchmarks for to food, community economic development, about how our economic system affects assessing its impact. Panelists will address, and human rights. our clients’ lives and our work, and how, and invite audience participation on, issues by applying a structural lens to economic such as its premise that the starting point 4 – 4:20 pm inequality, we might change our legal for identifying the skills and values which strategies. The session will highlight the law school graduates seeking admission to Designing an Award-Winning deep tensions that can arise in explicitly the bar ought to demonstrate is the 1992 Academic Component to a discussing these issues in seminar and in MacCrate Report. Can these long-sought Semester-in-Practice Program supervision. Participants will explore how objectives for legal education be achieved Focused on Professional to identify economic inequality and guide through a bar admission requirement? critical conversations about it. They will learn Should the MacCrate definitions of skills Identity and Civility how to craft teaching modules that unpack and values be modified or enhanced in Franciscan C, Ballroom Level the economy and economic inequality. The light of current and future constraints on panelists will provide exercises to use in practice? Teresa J. Reid, University of Florida Fredric seminar and a list of possible readings. G. Levin College of Law 3:45 – 4 pm Our session is designed to give you “how- 3 – 3:45 pm Refreshment Break to” information and to spark your creativity Will Bar Admission Standards Yosemite Foyer, Ballroom Level in designing an online academic course Promote Adequate Legal component to a “semester away” program Education in Practice Skills, 4 – 4:20 pm that stresses concepts of non-polarizing civility and professional identity and uses Professionalism and Values for Lightning Sessions non-traditional resources, particularly Tomorrow’s Lawyers? Lessons those focused on professionalism-related facets of emotional intelligence. In our from New York 4 – 4:20 pm Union Square 22, Fourth Floor Bridge-to-Practice Course, students are #EnvironmentalRacismIsKillingUs: challenged through reading materials, Janet M. Calvo, City University of New York Teaching About Environmental videos, and weekly responsive papers to School of Law Racism in Clinical Legal examine the following: (1) the purpose Vanessa H. Merton, Pace University Education and function of legal professionalism and professional courtesy in a (court / private Elisabeth Haub School of Law Yosemite B, Ballroom Level Jenny Rivera, Associate Judge, New York practice / government office / public interest organizational) setting; (2) the “human- Court of Appeals Sarah Dávila-Ruhaak, The John Marshall side” importance of thorough, accurate, and Law School In 2015 (effective for 2019 J.D. and LL.M. relevant legal research; (3) the “real time” Katherine Garvey, West University graduates), New York became the first state nature of producing quality legal writing; College of Law to require bar applicants to demonstrate (4) the role of technology in the practice Allison Korn, University of California, Los that they have acquired basic competence of law; (5) the human versus strictly rule- Angeles, School of Law in essential lawyering skills and sufficient based aspects of legal decision-making; (6) familiarity with key professional values. Discrimination in the context of the link between the study of law and the A Task Force composed of law professors, environmental harm disproportionately practice of law; and (7) the importance of administrators, and Judge Rivera of the Court affects indigenous, traditional, local, balance, business etiquette, custom, candor, of Appeals recommended the adoption of a minority, and other vulnerable communities civility, happiness, adaptability, navigating new Court Rule. Implementation of this with poor environmental quality and the unknown, and managing anxiety in the requirement is underway, and already an conditions, lack of information regarding practice of law. Our program received the advisory committee of bench and bar leaders the potential or actual dangers that they Florida Bar’s 2018 Professionalism Award has been convened to examine and confirm face, lack of access to health care to and is noted for exposing students to topics the adequacy of law school responses. address environmental harms to health, not normally addressed in traditional law lack of participatory rights in decision- classes. We encourage and welcome you to This session explores whether bar admission making processes, and overall inequality in share your experiences and ideas in teaching requirements like New York’s promote comparison to the rest of the population. or designing such a course. reforms in legal education that enable graduates to develop the professionalism, In order to prevent and mitigate the practice skills, and values that effective effects of discrimination in relation to practitioners need, especially in the the environment, States must consider 14 Conference Schedule – Sunday, May 5

4 – 4:20 pm 4 – 4:20 pm 4 – 4:20 pm Engaging Law Students in Learning about Social Justice Lights, Camera, Write! Sexual Violence Prevention and Lawyering from Teaching in Producing Video Modules Intervention in Urban Public Part-Time Evening Clinics Teaching Effective Business Middle Schools Using Proactive Franciscan D, Ballroom Level Writing and Responsive Restorative Plaza A, Lobby Level, Matthew Fraidin, University of the District Circles of Columbia, David A. Clarke School of Laura Norris, Santa Clara University School Yosemite A, Ballroom Level Law of Law Donna H. Lee, City University of New York Thiadora Pina, Santa Clara University Leigh Goodmark, University of School of Law School of Law Francis King Carey School of Law C. Quince Hopkins, University of Maryland Providing clinical opportunities for Learn about collaborating on a joint video Francis King Carey School of Law part-time evening students necessitates assignment to augment your experiential a dramatic departure from traditional learning class. Although we’re directors of The Levitas Initiative for Sexual Assault paradigms of clinical legal education – the Externship Program and Entrepreneur’s Prevention is a new and innovative clinical daytime, courthouse, litigation, individual Clinic, we designed video modules that can experience at University of Maryland Carey representation, and perhaps a civil rights be used for experiential learning classes, School of Law. The Initiative approaches or legal services orientation. Even as the generally. After all, every student can benefit sexual assault and sexual harassment as a substantive focus and modality of law school from communicating effectively. public health problem, requiring a public clinics have diversified, clinics are hard for health response. The Initiative draws on evening students in light of their schedules Writing an effective business email is a recent research on risk and protective and the constraints of legal practice which critical lawyering skill that many students factors related to sexual harm perpetration tends to happen during the weekday, as struggle with in their first clinic class or and victimization, and the effectiveness opposed to evenings and weekends. CUNY externship placement. Effective Business of restorative practices at affecting some Law School will be graduating its first class Writing uses a combination of Google of those predictors in contexts other than of part-time evening students in spring 2019 Slide voiceover and green screen effects to sexual assault. For instance, “peer network and is at the beginning stages of modifying create fun and challenging assignments for density” research by K.M. Swartout existing clinics and creating new clinics students participating in an externship or indicates that development of emotionally for part-time evening students. University clinic. close relationships among male peers is a of District of Columbia, David A. Clarke protective factor against future sexual assault, School of Law has had an evening clinical The video is structured in four modules, with while “diffuse” peer networks are a risk program since 2010 and is engaged in a assignments accompanying each module. factor. Restorative practices are a promising continuing process of reassessment and We will show the videos, the assignments, practice for strengthening relationships refinement. and discuss challenges and takeaways in and building those community networks. creating the modules. We will also discuss Sexual harassment and homophobic name- Our part-time evening students often have the taxonomy, and summative and formative calling, which are at their highest during full-time jobs as well as family and other assessment built into each module. middle school and are predictors of future obligations that create barriers to doing legal sexual assault, yield few consequences for work during the day – such as negotiating 4 – 4:20 pm middle school students who engage in these with opposing counsel, pursuing government behaviors. Thus, sexual assault prevention benefits, and appearing in court. These and Stories for the Non-Believer: education and responses at the middle other differences call for a radical shift in Credibility, Bias, and school level are key to prevention. assumptions about the structure and design Persuasion of clinics, posing difficulties and challenges, Plaza B, Lobby Level In their work with the Initiative, law students but also opportunities for innovation. We go into middle school classrooms to deliver want to reimagine how to teach social justice Jaclyn Kelley-Widmer, a sexual violence prevention program using lawyering in a part-time evening context. Estelle McKee, Cornell Law School proactive restorative dialogue circles, and to facilitate restorative justice conferences Our goal is to share information and As lawyers-in-training, students must not responding to incidents of sexual harm brainstorm with session participants about only learn how to develop facts, but also as they occur in the school. The Initiative how to provide part-time evening clinical how to turn these facts into a compelling will be evaluating the curriculum and experiences that are manageable, resonate story, often in writing. The readers for these delivery method for their effectiveness with our students, and promote social stories are often skeptical or even hostile. So at disrupting risk factors and developing justice. We also want to leverage these how can students learn to write in a truly protective factors for sexual assault. This experiences to increase the social justice persuasive manner? In this presentation, we lightning session will present the program’s impact of our full-time day clinics. We will cover advanced persuasive techniques logic model and underlying research, and plan to work together to start to develop from journalism and flash fiction, including anticipated outcomes. new paradigms, best practices, strategies, the use of a lede, choice of detail, adjustment and tactics for teaching clinic to part-time of sentence structure, and inclusion of evening students, and then for transferring graphics. We will also discuss why these this learning and applying it to teaching techniques work—how they trigger readers’ clinic to full-time day students. schemas and focus readers by reducing their cognitive load.

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4 – 4:20 pm favor of those like ourselves, and because and arriving on time), were far more Training Leading Lawyers and it focuses our attention disproportionately important in brand new lawyers than legal on the plight of particular individuals at skills.” So how are law schools teaching and Lawyers Who Lead the expense of larger groups. Despite these assessing these skills? In this Lightening Franciscan B, Ballroom Level limitations, we should be concerned if Session, the University of New Hampshire certain professions are at greater risk of School of Law and Vermont Law School Esther S. Barron, Northwestern University losing their ability to feel for fellow humans will share a few ways they are incorporating Pritzker School of Law at all. Studies do show that students in the FFP’s lessons into their experiential Darren Green, Northwestern University helping professions—notably the medical courses. The FFP data is used to increase Pritzker School of Law profession—may experience decreases in initial student buy-in, for skill building Stephen F. Reed, Northwestern University empathic accuracy precisely at the later workshops on supervision and feedback, Pritzker School of Law stages of their education when they begin and in competency self-assessments. The This lightning session will discuss teaching interacting with live patients, possibly due presenters will make handouts available methods that help law students become to desensitization or burnout. Other studies including sample assessments that can be future leaders of the legal community and be show that people of higher socioeconomic easily adapted for use in externships or in- “complete” lawyers, which means working status (SES) more generally—whether house clinics. Join us to hear more about with different sectors of the community measured by highest education level FFP and how two schools are using the and helping to facilitate collaboration. In achieved or as assigned randomly at the time data to improve their courses and support the Donald Pritzker Entrepreneurship of the study—also score lower for empathic the development of student character and Law Center, students, through extensive accuracy, possibly due to overestimation professional identity. interaction with clients and the broader of the amount of choice or autonomy (as entrepreneurship community, develop opposed to luck or social networking) 4:40 – 5 pm transactional, networking, and client involved in attaining high SES or because higher SES tends to translate into decreased Fostering Initiative: A Look at management skills necessary to succeed the Psychology of Why Some as a corporate or transactional attorney dependence on others for help. Importantly, as well as a community leader. In order to studies also show that empathic accuracy Students Lack Initiative and train lawyers that go beyond just having can be learned. How to Help Them Develop excellent transactional skills, we have In this session, we will brainstorm and This Skill created a comprehensive program that discuss ideas, drawing on interventions Union Square 23 & 24, Fourth includes live client representation, attending for cognitive and implicit bias, stereotype Floor and organizing community networking threat, and other contexts, for mitigating events, conducting legal workshops on the limitations of empathy in clinical legal Nira Geevargis, University of San Francisco important legal topics, holding office hours, education while also aiming to counteract School of Law and presenting to their classmates on “hot systemic exclusion and disempowerment. Brittany L. Glidden, University of topic” cutting edge legal issues. In addition California, Hastings College of the Law to having three Northwestern clinicians 4:40 – 5 pm speak, we will have the managing partner By the end of this session, participants will of Venable LLP, who is widely considered a ightning essions understand the three stages of professional community leader, give his perspective on L S identity development, understand why some what law school clinical education in this students may resist taking initiative, and area is doing right and where there is room 4:40 – 5 pm receive concrete exercises to help students for improvement. Building the Whole Lawyer: develop the skill of taking initiative. Adult Preparing Students for Entry- development theory helps us understand 4 – 4:20 pm Level Success how, with each new role or identity that we What We Talk About When We take on (in this case, lawyer), we go through Franciscan C, Ballroom Level three developmental stages. Understanding Talk Empathy: The Power and these stages helps us see some of our Courtney Brooks, University of New Limitations of Empathy in the students’ behaviors in the larger context of Hampshire School of Law their overall development more clearly. For Battle for Justice Beth Locker, Vermont Law School Franciscan A, Ballroom Level example, all students go through one stage The Foundations for Practice (FFP) where they seek external direction and Chaumtoli Huq, City University of New data gathered by the Institute for the validation. This reliance is not a failing, but York School of Law Advancement of the American Legal System rather an essential step before they are able Lynn Lu, City University of New York (IAALS) opens many doors to enhance how to independently plan and self-assess. This School of Law we teach in all clinical settings including session will include an overview of these externships and how we can increase stages, provide the audience an opportunity In times of extreme political polarization, student success. Educating Tomorrow’s to reflect on their own development, and it might seem strange to question the need Lawyers, an IAALS initiative that compiled will offer concrete exercises to help students for greater empathy. But are there limits to survey feedback from more than 24,000 progress through these stages and build the power of empathy to promote inclusion hiring professionals, offers guidance as their ability to take initiative. These exercises and redress racial, economic, and other to what competencies best assure entry- include a rubric on self-development, a divisions? If so, how might we navigate level success for new legal professionals. Professional Development Plan, a Mid- them in order to maximize support for The survey results show “characteristics Term Self-Assessment, and journal topics. social justice movements? According to (such as integrity and trustworthiness, In-house clinicians or professors teaching psychologist Paul Bloom, author of the conscientiousness, and common sense) as in an externship context will be able to use book Against Empathy, fellow-feeling is well as professional competencies (such as these materials. a poor tool for guiding moral decisions listening attentively, speaking and writing, because empathy inherently reflects bias in 16 Conference Schedule – Sunday, May 5

4:40 – 5 pm their respective evolution in supervision, 4:40 – 5 pm Implementation Negotiation: A to drive a quick group reflection the on Toughening Them Up: Class channeling potential hidden empowerment Transactional Skill That Builds caused by of the language of polarization. Exercises to Help Students on and Transforms Classic The group will participate in rapid responses Become More Open to Negotiation Theory to a factual scenario and, in rapid-fire Criticism and Feedback About Franciscan B, Ballroom Level manner, share influences on management Their Writing … and examine the time, place and manner Plaza A, Lobby Level David J. Weisenfeld, Benjamin N. Cardozo for (expected?) directness. School of Law Timothy Pinto, The University of Michigan 4:40 – 5 pm Law School This lightning session introduces Rediscovering Judicial implementation negotiation, the specialized One of the challenges in working with negotiation in which deal lawyers engage Independence and the Rule students on their writing is that they are self- after the principals negotiate a transaction’s of Law in Judicial Externship conscious about their work, reluctant to seek business terms. Classic negotiation theory Clinics and Classes feedback, and defensive when edited. This guides these deal term negotiations. But Yosemite A, Ballroom Level session will focus on a few strategies used in once the parties agree, the dynamics, tone, an appellate clinic to help students become content, and purpose of the negotiation John Cratsley, Harvard Law School more open to feedback and more receptive change. Parties are no longer looking at Kathleen Devlin Joyce, Boston University to editing and criticism. The session will whether they can find a way to agree. They School of Law touch on a few in-class exercises and a few do agree. Now, the lawyers must transform supervisory techniques. the clients’ bare bones agreed-on business Clinics and experiential programs that terms into a contract that memorializes the involve students in advocacy roles as well 4:40 – 5 pm parties’ joint vision. This is implementation as those that place students in judicial negotiation, a new way of thinking about externships ask students to work in a judicial Untangling Fear in Lawyering contract negotiations. Implementation institution increasingly under attack. While to Lift Up New Leaders negotiation theory does not displace classic some see the courts as the least turbulent Union Square 22, Fourth Floor negotiation theory. It simultaneously builds branch of government, political criticism of on that framework and transforms it to work judges as biased and calls for judicial removal Heidi K. Brown, Brooklyn Law School in a different context. or impeachment over unpopular decisions are increasingly frequent. Examples from This session addresses the reality of This lightning session begins by reviewing the popular media will be included for class fear in lawyering: in our students, our classic negotiation theory and principles, discussion. practitioners, and our clients. Society offers then explains how implementation conflicting messages about fear, especially negotiation builds on and transforms This lightning session promotes the in professions like ours characterized by those principles, including why in an importance of returning to the basics bravado, competition, and conflict. On one implementation negotiation BATNA recedes of judicial independence. We believe hand, individuals who are lucky enough into the background and why seasoned that students going to court, whether to not to experience fear often quip, “Just negotiators know the parties’ interests, prosecute, defend, or extern with a judge, face your fears!” or “Fake it till you make issues, and the expected zone of agreement should begin the semester reviewing it!” On the other hand, well-meaning but even before negotiations begin. The session these fundamentals. We will discuss and often misguided mentors couch fear as “the concludes by briefly outlining the multiple distribute several approaches to presenting world’s greatest motivator,” with slogans subcategories of implementation negotiation these issues, starting with historical English like, “If your dreams don’t scare you, and the implications of this new theory for and American principles and including they’re not big enough!” or “If you’re not legal education. perspectives on the current tension between afraid, you don’t care enough!” This session methods that protect judicial independence offers a different approach to helping our 4:40 – 5 pm and those that promote democratic law students address the reality of fear in Quickly! Society has Lost its accountability of the judiciary. We will lawyering; instead of ignoring, repressing, or present focused teaching materials in three dismissing the impact of fear on our minds Filter, Should We Teach with areas often cited as enhancing judicial and bodies, let’s teach our next generation of One? independence: methods of judicial selection, lawyers how to untangle fear. Let’s analyze its Franciscan D, Ballroom Level standards of judicial ethics, and the drivers, distinguish its potential constructive aspirational values of judicial competence. components from destructive ones, and then Hiroko Kusuda, Loyola University New For each of these topics we will provide adopt new mental and physical strategies for Orleans College of Law a class outline including learning goals, stepping into performance-based lawyering Michael S Vastine, St. Thomas University reading assignments, an in-class exercise, activities with enhanced and authentic School of Law and bibliography. We will also examine fortitude. By helping to untangle fear, we can the ABA Information Packet for National lift up new leaders. Is there a virtue in the clarity of polarized Judicial Outreach Week 2019, which, while discourse that may be borrowed, tempered, oriented toward judges becoming more This session will identify the very real fears and re-purposed as honest critique? How active in their communities, does offer a toward lawyering that many students face; blunt can we be, in order to convey our variety of ways for students to think about explore the science of fear and how it affects expectation of excellence and to transmit the positive contributions of an independent our minds and bodies, blocking learning and of real, useful feedback to students and judiciary as the safeguard of rights and performance; draw upon examples of how colleagues? liberties. other industries and professions are directly addressing fear (and mistake-making) in This lightning session will use a snapshot of their educational environments; and offer the leaders’ practice and perspectives, and 17 Conference Schedule – Sunday, May 5

a four-step approach for law professors to 4:40 – 5 pm Monday, May 6, 2019 help students untangle fear. The presenter is When Students Go to Work for Monday, May 6 Professor Heidi K. Brown of Brooklyn Law School, author of the new book, Untangling the “Other Side” Plaza B, Lobby Level Fear in Lawyering (ABA 2019). 7:30 – 6 pm Brett Korte, University of California, Irvine AALS Registration 4:40 – 5 pm School of Law Yosemite Foyer, Ballroom Level Using Rappaport’s Rules to Enhance Listening as Practice In the clinical context, we train students who may go to work anywhere, including Skill and Civic Virtue 7:30 – 9 am for our opponents. How can we improve Section Committee Meeting Franciscan A, Ballroom Level the profession through clinical education by training our students to be ethical, Roger Manus, Campbell University professional attorneys no matter where they Clinicians of Color Committee Norman Adrian Wiggins School of Law end up working? Union Square 15 & 16, Fourth Floor Listening well is both a practical skill and a civic virtue. In both respects it is essential not 5:30 – 7 pm Liaison: Allison Bethel only for obtaining information, but also for Reception Sponsored by Chairs: Tameka Lester and Renee Hatcher helping the other person know that they are Northern California Law truly heard. This is helpful in the attorney- client relationship, witness interviewing, Schools collaboration among attorneys, negotiation, 7:30 – 9 am Sponsored by University of California, and advocacy. Listening well is helpful also Contemplative Practice Circle Berkeley School of Law; University of in the wider civic sphere in the engagement California, Davis, School of Law; University Union Square 7, Fourth Floor among people who have very different of California, Hastings College of the Law; political views. Facilitators: Golden Gate University School of Law; Susan L. Brooks, Drexel University Thomas University of the Pacific, McGeorge School Among the ways to enhance the listening R. Kline School of Law of Law; University of San Francisco School skill is the approach developed by Anatol Christopher Corts, The University of of Law; Stanford Law School Rapoport, a social psychologist and game Richmond School of Law theorist. As summarized by Daniel C. The reception takes place at the University of Dennett in Intuition Pumps and other Tools Christopher Corts practices, studies, writes, California, Hastings College of the Law, 198 for Thinking, there are four rules for this and teaches in spaces where abstract legal McAllister Street, (corner of Hyde Street) a approach: theory meets the grinding realities of short walk from the hotel. everyday life. Teaching courses in Legal 1. You should attempt to re-express [the Please bring your AALS meeting badge for Analysis and Writing, Jurisprudence, and other person’s] position so clearly, vividly, entry into the reception. work-life satisfaction, he integrates mindful and fairly that [the other person] says, and other contemplative pedagogies to “Thanks, I wish I had thought of putting it help cultivate greater awareness, empathy, that way.” creativity, and compassion. Having enjoyed appellate practice prior to becoming a law 2. You should list any points of agreement professor, his mission is to help lawyers and (especially if they are not matters of general law students develop more sustainable ways or widespread agreement). of being successful: pursuing excellence, 3. You should mention anything you have doing justice, finding purpose while learned from [the other person]. engaging the rigors of professional life in a personally-meaningful way. 4. Only then are you permitted to say so much as a word of rebuttal or criticism. 7:30 – 9 am Practice with these rules is particularly Refreshment Break helpful in building the students’ ability to Yosemite Foyer, Ballroom Level put themselves in the shoes of another, so important to successful legal practice and 8 – 9 am civic engagement. Columbia Law School Alum The classroom component of a clinic can be Reception a good setting for working with this practice. Union Square 13, Fourth Floor, The issues addressed could be ones that Building #3 arise around opinion differences relating to case strategy and tactics or about the larger issues that provide the context for our work as clinicians. This session will include an opportunity for participants to pair up to practice using the technique.

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10:30 – 10:45 am 2 – 2:45 pm 2 – 2:45 pm Refreshment Break oncurrent essions Breaking the Hierarchy: Yosemite Foyer, Ballroom Level C S Empowering Students in the 2 – 2:45 pm Field 10:45 am – 12:15 pm Access to Justice (and) Plaza A, Lobby Level Working Group Discussions Opportunities in Rural Areas Alexi Freeman, University of Denver Sturm (See Handout for your Working Group and Small Towns – Educating College of Law assignment and its meeting room location.) Young Law Students to be Phyllis Williams Kotey, Florida International University College of Law Local Lawyer Leaders 12:30 – 2 pm Inga N. Laurent, Gonzaga University Union Square 23 & 24, Fourth Floor School of Law AALS Luncheon Susan B. Schechter, University of California, Grand Ballroom A, Grand Ballroom Michelle Ewert, Washburn University Berkeley School of Law Level School of Law Allyson E. Gold, Hugh F. Culverhouse Experiential education models can Speaker: Maria de Jesus Jimenez, Founder, Jr. School of Law at The University of often maintain the myths of hierarchical Mujeres Unidas y Activas (MUA) Alabama relationships between educators, Janet H. Goode, The University of Michigan supervisors, and students, placing them CLEA Awards (Outstanding Law School as subordinates in those relationships. Shawn Leisinger, Washburn University However, when we flip that script, break the Advocate and Outstanding School of Law hierarchy, and challenge traditional notions Project Awards) of teacher and student, we give them the 2 – 2:45 pm appropriate confidence, support and tools Per Diem Award Presentation Advancing Social Justice to share of themselves, their knowledge, and their skills. As externship teachers, we Through Interdisciplinary want to foster a receptive environment for Collaboration: Working with student autonomy and agency, and to help and Through Tech and IP them realize how much value they can bring Clinics to the profession. This session will allow us to explore this concept individually and as Franciscan D, Ballroom Level a group, through hypotheticals, role plays, Hillary Brill, American University, and concrete examples. We will consider Washington College of Law how to nurture and strengthen our students Jessica Fjeld, Harvard Law School to be confident yet humble when they go Megan Graham, University of California, into placements and to bring their authentic Berkeley School of Law and valuable selves; how to work with Jack I. Lerner, University of California, supervisors to embrace their role as teacher, Irvine School of Law but also consider being on equal footing in the teacher student relationship on some As the influence of new technologies reaches topics and being the student on other deeper into our lives and those of our students topics; and how to remain open to teaching/ and clients and debate heats up concerning feedback from our students to ensure we the proper role of institutions like the media are creating supportive yet challenging and the criminal justice system, technology learning environments. Ultimately, whether and intellectual property clinics are valuable it is knowing how to better communicate partners. These clinics are bringing their with different constituents (i.e. a client specialized knowledge to advance key community), understanding diversity and social justice goals through collaborations inclusion practices, offering competency with other subject areas such as criminal in a particular industry, providing novel justice, immigration, community and insights or expertise, pushing us to expand economic development, domestic violence, our programs or challenge our notions of international human rights, and more. what works (e.g. paid externships), and/or Our panelists will discuss projects already viewing traditional systems with fresh eyes, underway, including ones that confront our students bring real strengths and assets the financial and privacy concerns raised into our classrooms and the field. Whether by electronic monitoring of youth, advance embracing a bold idea or making a small disability rights through comments to the change, externship faculty have a unique FCC, combat the surveillance of immigrant opportunity to empower students and help communities, and address privacy risks them own who they are and what they bring. posed by new mobile apps. There will be ample time for brainstorming and audience questions. Attendees will walk away with inspiration for new avenues of exploration in their own practices and concrete lessons about initiating collaborations with tech and IP clinics and structuring them for success.

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2 – 2:45 pm Courtney Cross, Hugh F. Culverhouse This session will help attendees consider Direct Client Services and Law Jr. School of Law at The University of ways to build community engagement into Alabama individual representation clinics. Presenters Reform – Clinics Tackling Two Daria Fisher Page, University of from Emory Law School and Drake Law Big Jobs College of Law School will describe initiatives that help Union Square 15&16, Fourth Floor students better understand their clients, As the political climate becomes increasingly improve their advocacy, and confront Brendan D. Roediger, Saint Louis extreme, it is especially valuable for law their own assumptions and biases that University School of Law students to learn how to collaborate with interfere with high quality lawyering. The Sarah French Russell, Quinnipiac non-lawyers working on shared issues. initiatives use an old tactic (“know your University School of Law Community groups and activists provide rights” presentations) in a new way to make Valerie Schneider, Howard University not only camaraderie and inspiration to law students teachers and learners at the same School of Law students, but also specialized knowledge and time and encourage them to engage on big Anita Sinha, American University, expertise about particular communities and issues confronting their communities. In Washington College of Law non-legal problem solving. As lawyers and addition, the programs involve role-playing law clinics attempt to branch out to serve and arts-based approaches to instruction- Doing direct services work alone, without ever-growing populations of individuals pushing students outside their comfort an eye towards law reform, can feel like impacted by draconian legislation and zones and giving them a different lens into an endless game of whack-a-mole—when executive action, we must build coalitions their client’s lives. While the focus of this you solve a problem for one client, another with those organizing and advocating in presentation will be on students learning to client with a very similar problem arises. non-legal capacities. represent juvenile clients, the presenters will As an advocate in a direct legal services offer a “template” for how this might work in clinic, do you wish you could do more not Each of the presenters is a clinic director other kinds of clinics. just to help clients, but to alter the legal who has designed or expanded the scope landscape? Law schools often offer policy of her clinic to incorporate learning and and legislative clinics separate and apart collaboration with non-legal partners. 2 – 2:45 pm from direct legal services clinics, but what if We have each attempted to incorporate Moving Beyond the Traditional we could leverage the insight we gain from cases and projects that focus on access Big Case versus Small clients to advocate for substantive changes to justice for increasingly marginalized Case Debate: Embracing to the laws that affect them? In this session, communities—individuals charged with or panelists from a variety of disciplines convicted of crime, immigrants, and victims Opportunities to Engage including civil litigation, housing, civil of hate crimes. To do so, we have done more Students in Transformational rights, and international human rights will than assign students new types of work: Advocacy offer lessons learned and practical tips for we have brought members of impacted Yosemite B, Ballroom Level those seeking to connect their clinic work communities, community organizers, and to law reform efforts. Questions addressed movement activists into our clinics to serve Deborah N. Archer, New York University will include: How do you get started if you as experts and educators. Students have School of Law want to add policy work to your litigation or thus been able to recognize that impacted Sameer M. Ashar, University of California, transactional clinic? What are some simple individuals are not passive agents in need of Los Angeles School of Law ways to involve students in law reform our assistance, but skillful and resourceful Ramzi Kassem, City University of New York efforts? How can policy work support direct change-makers who can educate and guide School of Law representation work and vice versa? Is there our role in their community’s resistance/ Oday Salim, The University of Michigan tension between traditional clinic litigation revolutionary efforts. Law School work and the restructuring of power systems that we might seek via law reform work? Our goal for this panel is to use our There is a longstanding debate within How can we effectively engage students in experiences with non-legal partnerships as the clinical community about the relative identifying the power and limitations of a springboard for large-group conversations merits of small, individual cases versus their roles as attorneys? Are there potential around how to identify potential partners larger, impact advocacy matters in meeting legal or ethical pitfalls in mixing litigation/ within the university and in the larger the broad objectives of clinical education. transactional work with policy work? In community, how to cultivate a relationship This debate often assumes that small cases an interactive session, panelists will help that is more robust and reciprocal than and big cases are proxies for pedagogical participants devise plans for incorporating simply attorney-client, and how to ensure impact versus social impact, respectively. policy and law reform work into traditional that both community partners and students We don’t agree with this dichotomization direct-services clinics. are able to benefit from the partnership in and the assumptions underlying it. Both meaningful ways. smaller, individual cases and larger impact 2 – 2:45 pm advocacy matters have the potential to Forging Clinic Collaborations 2 – 2:45 pm present significant pedagogical value, as Learning Skills by Teaching: well as generate and support significant with Non-Legal Partners: social change. What this debate often misses How Working Alongside Non- Community Engagement in is a focus on how clinical education can Lawyers Advances Student “Small Case” Clinics adapt to better prepare law students for the Plaza B, Lobby Level contemporary challenges of social justice Learning lawyering and respond to the multifaceted Franciscan B, Ballroom Level Brent Pattison, Drake University Law School and urgent needs of marginalized Randee J. Waldman, Emory University communities. How can clinicians evolve Amber Baylor, Texas A&M University School of Law conventional pedagogical methodologies to School of Law better prepare law students to tackle chronic Gillian Chadwick, Washburn University issues of injustice and engage in social justice School of Law

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advocacy for systemic reform? And how in prosecution and defense clinics to the understand what unintentional behavior can clinical education evolve to meet both legal, ethical, and practical issues, pressures, may have driven the inconsistency—that the educational needs of our students and and other considerations the other side must the client may have misremembered or the representational needs of communities, confront, and how by bringing them together have been confused because of the impact particularly when the communities’ interests, they can learn from each other not only of trauma or other memory challenges. advocacy strategies, and the meaning of about their own roles, but about themselves. This kind of analysis is, of course, critical to justice are increasingly complex? How do This session will be highly interactive, as we engaging in empathic, client-centered, and we depart from the traditional small versus view this as an opportunity for prosecution zealous representation. However, what is large matter axis, as we challenge ourselves and defense clinical faculty to engage in sometimes missing from classroom teaching to make social justice contributions in a frank discussion and share ways in which or from these supervision discussions is a fraught political and economic context? our clinics can—or cannot—work together more in-depth and nuanced discussion about Clinicians who employ a broad array of to achieve the common goal of equality and clients who intentionally present mistruths lawyering and advocacy strategies in their the fair administration of justice. or fabricate facts or stories. The word “lying,” clinics will explore different models and in and of itself, tells us very little about what methods to expand student understanding 2 – 2:45 pm specific behavior has occurred, and fails to of what lawyering tools can be employed capture the strategy that may be motivating in service to individuals and communities, Rebellious Transactional a client. While lawyers are strategic about and to further justice. They will discuss the Lawyering: Innovative when and how they share information and opportunities and challenges in working Pedagogical Tools to Advance what facts they disclose in the context of towards transformational advocacy. Economic Justice in a Time of advocacy, we as clinicians often fail to help students understand that so, too, are clients. Political Polarization 2 – 2:45 pm Yosemite A, Ballroom Level This session is designed to give clinicians Prioritizing Learning Outcomes teaching and supervision tools to frame Using Deliberate Immigration Anthony V. Alfieri, University of Miami how to explore the complex and multi- Clinic Design School of Law definitional term “lie,” to help them non- Casey Faucon, Hugh F. Culverhouse Jr. Franciscan A, Ballroom Level judgmentally help students explore what School of Law at The University of may motivate a client to intentionally Alabama Hemanth Gundavaram, Northeastern present a mistruth, and to engage in a Susan R. Jones, The George Washington University School of Law more nuanced understanding of what “lies” University Law School Emily Robinson, Loyola Law School, Los are. This session is further designed to Etienne C. Toussaint, University of the Angeles help clinicians assist their students better District of Columbia, David A. Clarke navigate and depersonalize moments when School of Law clients “lie” through a lens of empathy. 2 – 2:45 pm Paul R. Tremblay, Boston College Law Prosecution Clinics: Unlocking School 3 – 3:45 pm Their Potential to Unite Access to Law and Justice Franciscan C, Ballroom Level 3 – 3:45 pm Franciscan B, Ballroom Level Christina Miller, Suffolk University Law oncurrent essions C S Anna E. Carpenter, The University of Tulsa School College of Law Evangeline Sarda, Boston College Law 3 – 3:45 pm Luz E. Herrera, Texas A&M University School “Lying” Clients and the School of Law Brian Wilson, Boston University School of Annie Lai, University of California, Irvine Law Students Who Represent Them: Helping Students School of Law Few legal topics draw more national interest Understand Why Clients May This concurrent session will briefly present and spark more spirited debate than three essays that clinicians contributed to criminal justice reform, and while recent Mislead, Provide Mistruths, or a special issue of Daedalus (published by advances show promise, the criminal justice Otherwise Fabricate the prestigious American Academy of Arts system remains a highly polarized setting Union Square 15&16, Fourth Floor and Sciences) focused on Access to Justice. into which hundreds of recent law school The goal of the session is to get clinicians graduates are thrust each year. This raises the A. Rachel Camp, to think about how their client work can be question: Are our institutions doing enough Law Center translated into scholarship that helps inform to prepare aspiring prosecutors and defense Laurie S. Kohn, The George Washington a national conversation on access to law and attorneys for careers in such a contentious University Law School justice. The discussion will engage clinicians environment? Is it possible to teach students Tamara Kuennen, University of Denver in an ongoing conversation about the that the adversarial system in which they’ll Sturm College of Law importance of translating individual client practice need not be so . . . adversarial? As clinicians, we are committed to helping work to systemic reform. It will also help This session presents a comparison of our students engage in empathic, non- clinicians distinguish access to law from prosecution clinic models at three Boston- judgmental representation. When students social justice. In doing so, we will discuss area law schools, highlighting the various discover that their clients have told them the role of various types of public interest ways in which they and their defense stories that are inconsistent with credible lawyers and the need to train community- counterparts work together to promote evidence or when a client’s story “changes,” engaged lawyers, regardless of where they consistency, civility, and other positive students often quickly assume that the client end up practicing after law school. Since approaches to their pursuit of social justice. lied to them and feel personally affronted. community-engaged lawyering calls for We will discuss the value of exposing students In such moments, we often help students working with the community, not for the community, we will brainstorm ways to

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train our students how to be a partner to junior attorneys and law students, who is with a tangible expression of the experience communities seeking social change. We will also a mindfulness teacher and an expert to share with others. end our roundtable discussion by asking the around issues of racial justice and equity. group to identify existing clinic models, and Following her talk, a discussant will provide 3 – 3:45 pm envision new ones, that help address issues brief remarks to enhance and build upon her before clients end up in courts. This part of ideas. A moderator will help introduce the Drawing from Other Disciplines the discussion is informed by our research speakers and facilitate discussion and Q & to Create a Pedagogy of that shows broken court systems that do not A. The presenters of this session are working Inclusion and Empowerment facilitate access to law and justice, and our closely with a companion session that will Franciscan A, Ballroom Level view that as lawyers and clinicians we may follow directly afterwards. Part I will set up be relying too heavily on law as a solution to the framework for an interactive roundtable Rosa Bay, University of California, Berkeley economic and social inequality. The goal of discussion in Part II. School of Law the conversation is to have clinicians think Neha Sampat, Founder, Consultant, and more critically about their work and the role 3 – 3:45 pm Coach, GenLead/Belong Lab that clinics and law professors play, or can Creative Expression and Other Gail Silverstein, University of California, play, in redefining access to law and justice Hastings College of the Law in the United States. Visual Tools for Bridging Linda Tam, University of California, Irvine Divides School of Law 3 – 3:45 pm Plaza B, Lobby Level Law school can be an alienating experience in Anti-Bias Teaching and Lisa R. Bliss, Georgia State University the best of times. In this particularly polarized Supervision: Practices That College of Law political climate, law schools’ competitive, Foster Respect and Belonging Veronika Tomoszkova, Senior Lecturer, individualistic culture can exacerbate and for Students in Clinics and Palacky University Law School Pravnicka amplify student alienation. For students Fackulta who come from marginalized communities, Externships (Part I) such as students of color, women, low- Union Square 23 & 24, Fourth Each clinic class represents a collection of income students, first generation students, Floor diverse students,who bring individual skills, students with disabilities, and LGBTQIA+ opinions, biases, hopes, dreams, and fears. students, the alienation brought on by the Monika Batra Kashyap, Seattle University As clinicians, we are tasked with building traditional law school experience can be School of Law bridges between their existing knowledge particularly acute. The failure to feel a sense Susan L. Brooks, Drexel University Thomas and where they need to go to represent of belonging results in these students feeling R. Kline School of Law clients effectively. This session will begin like outsiders as students and lawyers, can Demarris Evans, Deputy Public Defender, with a brief discussion of the ways in which hold them back from engaging fully in the San Francisco Public Defender clinicians must bridge additional divides law school academic and social structures, (both positive and negative): between and can lead to a crisis of confidence. Many law faculty, including those of us themselves and students, high achieving While Clinic is often considered a reprieve teaching in clinics and externships, struggle students and those who struggle, students from the alienation through its small, with how to ensure all students in our and clients, clients and systems, cases in student and client-centered collaborative courses and programs feel accepted and different stages and levels of complexity, learning environment, we can do more to respected in our classrooms as well as when and the style of learning that students are help these students. On top of existing and they are working out in the community. This experiencing elsewhere in the curriculum well-documented challenges in retention is especially the case given the current level and clinical methodology. It will explore and promotion of attorneys of color and of polarization in our politics and our social how visual expression can enhance student female attorneys, focusing on inclusion discourse. To meet these challenges and learning and understanding. Integrating and empowerment in a clinical setting help develop the next generation of lawyer creative expression can also foster a sense will hopefully arm our students with the leaders, we need to be willing to talk about of community and an appreciation for the tools they need to get through not only hard issues such as racism, implicit bias, creative parts of ourselves. This session this political moment as law students, but and privilege with our students. And, just will focus on the use of drawing and other their careers. This interactive session will as importantly, we need to prepare students exercises to encourage clinicians to think focus on how clinicians can incorporate of color and those from other marginalized about ways they can encourage students principles from the disciplines of education groups to navigate incidents of bias and to push their own creative thinking. The and psychology to create a more inclusive, unfair treatment they will likely encounter session will be co-presented by an American welcoming, and empowering learning in their professional (and personal) lives. clinician and a clinician from the Czech environment in their clinics; help our Republic who has integrated the use of students navigate law school with a greater This session will address how experiential creative exercises and visual expression in internal sense of belonging; and prepare faculty can use mindfulness practices the form of graphic recording and mind students for unwelcoming spaces they may and related tools to grow our capacity to maps into her clinical teaching. Participants encounter in their careers. Participants will create respectful and supportive learning should come to this session prepared to leave with at least four concrete takeaways environments where all students can stretch their creative muscles in a non- that they can use in their work. This session experience a sense of belonging. Participants threatening, fun environment designed benefits from the wisdom of three seasoned will come away with concrete ideas and to make us think in a different way about clinicians and an inclusion strategist who is tools they can apply to supervising and our work. We will explore our experiences also a former legal educator. mentoring students to help them navigate and share how our work influences student challenging situations, relationships, and development and how each clinic class itself legal settings. The session will be structured is a living organism with special features as a mini-plenary, featuring a keynote that can both inspire and challenge us. address by an outside expert with extensive Participants can expect to laugh and to leave experience supervising and mentoring

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3 – 3:45 pm Administration, but also to empower and continue to seek more diversity in their Friday Night Fights: equip students with necessary lawyering classes, increasing numbers of students skills to confront these challenges. The come to law school having had their own Addressing Clinical Team history of immigration laws demonstrate humanity denied through various forms of Dynamics and Teaching that the Trump Administration is the subordination. Students are often hungry for Collaboration Skills in an Age symptom, not the cause of the U.S. division critical frameworks and tools to break down of Polarization on immigration enforcement and that such these power structures in their world. These Plaza A, Lobby Level a polarization is likely to continue. Up and students are often both fragile and highly coming generations of lawyers must be motivated to explore ways to bring justice Ty Alper, University of California, Berkeley prepared to defend their clients against these and reconciliation to our polarized world. School of Law injustices and critically thinking of litigation In this session, we will facilitate discussion Vida Johnson, Georgetown University Law tactics that will slow the administration’s and collaboration on ways that clinics Center efforts. can consciously deconstruct and subvert John D. King, Washington and Lee these power structures. Our clinics—in During this time, we find ourselves pivoting University School of Law the areas of Disability Rights, Domestic in balancing these needs, while also teaching Violence, Civil Justice, and Women and the Clinicians have long taught collaboration our students how to “gum up the wheels” Law—take an explicitly critical approach to and teamwork, implicitly if not explicitly. of the government’s “winner takes all” race, gender, disability, poverty, and other But the urgent need to work together to face approach. The panel will explore questions, power dynamics in our society. We have our many challenges has put a premium on benefits and challenges that arise when law found that, while it is possible to cultivate successful pedagogy related to this under- students engage with an adversary, such as critical reflection in seminar, rounds, valued skill, and we aim in this concurrent the Trump Administration, that bends the and supervision, different approaches session to call out this pedagogy specifically, rule of law for its own benefit. The panel are most effective in each context. These providing concrete takeaways for session will also discuss a variety of methods and various approaches provide students with participants that will help them improve tactics used in their respective clients that scaffolding on which to have conversations their practice. The situations are familiar directly responded to the November 2016 to explore power dynamics. Our session will to all of us: the student team that can’t election and continue to respond as the provide specific examples of entry points seem to get along; the student who won’t Trump Administration implements their for fostering student reflection around let their partner do any work or get a word immigration enforcement policies. issues of power and privilege from a critical in edgewise; the teammate who doesn’t perspective. We will also reflect as a group on The methods, tactics and issues to be pull their weight; the group that fails to ways that our profession and clinics might discussed include the following: representing communicate with their supervisor, or each propagate power structures—including detained clients at risk of imminent other. Team dynamics are often a challenge in the professor/student, attorney/client, deportation; negotiating with hostile in clinics because the stakes (real clients) and attorney/adjudicator relationships— opposing counsel; collaborating with grass are high and students often have minimal and brainstorm additional ways that we roots organizations and building coalitions; or nonexistent experience working in teams can subvert these dynamics in our clinical advocating for local and state policy change; in a professional setting. From the division pedagogy. media advocacy to create social change; of labor, to client communication, to case impact litigation; post deportation defense; coordination, to internal and external dealing with “crises,” or constant changes 3 – 3:45 pm communication, there are a variety of in immigration enforcement; redefining Teaching Law Students inflection points at which poor collaboration client victories; and exploring the value of skills can undermine the team’s goals for to Address Issues of Race defending the rule of law even when cases the case or project. We will draw on the and Privilege as Part of are unlikely to be successful. existing literature on this topic, our varied Professional Competence experiences, and current conversations Yosemite B, Ballroom Level within the clinical community about how to 3 – 3:45 pm foster exceptional collaboration at the outset, Healing and Reconciliation: The Naz Ahmad, City University of New York and how to make “teaching moments” out of Clinic’s Role in Re-Imagining School of Law the inevitable conflicts that will arise each Power and Fostering Dignity in Kara Finck, University of Pennsylvania Law semester. School a Time of Polarization Carmen V. Huertas-Noble, City University 3 – 3:45 pm Yosemite A, Ballroom Level of New York School of Law Gumming Up the Wheels of Sarah H. Paoletti, University of Adrian Alvarez, American University, Pennsylvania Law School Injustice Washington College of Law Melissa Risser, City University of New York Franciscan D, Ballroom Level Jean Han, American University, School of Law Washington College of Law Cynthia Soohoo, City University of New Nickole Miller, University of Baltimore Norrinda Hayat, Rutgers Law School York School of Law School of Law Kate Ladewski, American University, Helena Montes, Loyola Law School, Los Washington College of Law As clinicians training the next generation of Angeles lawyers, it is important for us to recognize Emily Torstveit Ngara, Maurice A. Deane The clinical seminar, rounds, and supervision that issues of race and privilege pervade School of Law at Hofstra University provide unique opportunities to engage with our profession and the systems in which students around issues of power, privilege, we work. Given this reality, law students Since the 2016 Presidential Election, subordination—and ultimately, human and lawyers need to deal with these issues law school clinicians have had to make dignity. These issues are at the forefront in as a part of professional competence. This continuous shifts in their pedagogical this time of polarization, affecting students, requires explicitly making time in our methods that are not only responsive to the professors, and clients alike. As law schools clinic seminar classes to discuss race and constant divisive changes under the Trump 23 Conference Schedule – Monday, May 6

privilege, consistently integrating a critical learn about new technology allowing their this session are working closely with a lens when discussing the systems in which programs and community partners to more companion session entitled: Anti-Bias our students work and being ready to efficiently interact around case referrals, and Teaching and Supervision: Practices that address these issues when they organically see a demonstration of a pilot program that Foster Respect and Belonging for Students arise in class discussions or during student’s allows students to record self-evaluations in Clinics and Externships (Part I). Part I client, case, and project work. Further, within the case management database to will be primarily a teaching/learning session many law students were motivated to track learning outcomes. that sets up the framework for an interactive attend law school specifically because of roundtable discussion in this session, Part their personal experiences with racism, 3:45 – 4 pm II. Attendees are not required to attend both gender discrimination, anti-immigrant sessions, but they will inform each other. policies and other trauma. This trauma has Refreshment Break Yosemite Foyer, Ballroom Level been exacerbated in the current political 4 – 4:45 pm moment, and as teachers we must develop strategies to support students and help them 4 – 4:45 pm Bridging Divides: Fostering develop strategies to confront racism and Students’ Abilities to other trauma while also exercising self-care. Concurrent Sessions Overcome Difference and Additionally, in the current environment, Create Connection our classrooms are often composed of 4 – 4:45 pm Franciscan A, Ballroom Level students with very different backgrounds Anti-Bias Teaching and and/or students who approach these issues Supervision: Practices That Kendall L. Kerew, Georgia State University in drastically different ways. Clinicians College of Law may need to deal with situations involving Foster Respect and Belonging Tameka Lester, Georgia State University students organizing/protesting events or for Students in Clinics and College of Law actions taken by other students in the class Externships (Part II) Shobha L. Mahadev, Northwestern or responding to language choices made by Union Square 15&16, Fourth Floor University Pritzker School of Law colleagues that offend. Amy Pritchard, University of Arkansas at Little Rock, William H. Bowen School We will engage participants in a discussion Cecily V. Banks, Boston University School of Law around a specific example of how issues can of Law Kelly S. Terry, University of Arkansas at arise in the classroom. Working in small Laurie A. Barron, Roger Williams Little Rock, William H. Bowen School groups, we will use the example to discuss how University School of Law of Law to teach and have conversations about race Carmia N. Caesar, Howard University Cindy Wilson, Northwestern University and privilege and how to support students School of Law Pritzker School of Law who are dealing with vicarious trauma. Amy Sankaran, The University of Michigan Law School Participants should leave the workshop with Students in both in-house clinics and some concrete strategies for incorporating As clinical law faculty, some of us struggle externship courses face polarization in discussion of race and privilege into the with how to ensure that all the students in many different ways. They may be working traditional clinic curriculum and increased our courses and programs feel accepted and on cases that are unpopular with the public confidence for doing so. respected in our classrooms and in the field, or with friends and family members. Within particularly in this age of polarization. Many the class they may have different views about 3 – 3:45 pm of us have seen an uptick in applications from how to approach a case or which clients to Using Clinic Case Management historically underrepresented students. To represent. In an externship class, students Database Systems to Support help develop the next generation of lawyer may actually be on the opposite side of cases. leaders, we need to be willing to talk about This session will explore the opportunities to Access to Justice and hard issues such as racism, implicit bias, and address polarization that are present in both Individual Student Learning privilege with our students. Many of our in-house clinics and externship courses. It Outcomes students of color encounter incidents of bias also aims to reduce polarization between in- Franciscan C, Ballroom Level that are minimized or overlooked altogether house and externship faculty by identifying by their supervisors, judges, or even their shared teaching techniques and by learning Briana Beltran, Cornell Law School professors. As teachers we have the capacity from each other’s pedagogy. The presenters Jeff Hogue, Community Relations and both to better prepare our students of come from the ranks of both in-house Operations Coordinator, LegalServer color for the gross inequities that they may clinical faculty and externship faculty, with Michele R. Pistone, Villanova University experience in their field placements, clinical different backgrounds and experiences. They Charles Widger School of Law settings, and ultimately in practice, and also represent different kinds of clients and teach the opportunity to raise the consciousness different kinds of classes. But they share a Students, alumni, and the bar are all of all of our students who will unanimously, commitment to helping students learn how increasingly eager to support broader though not uniformly, walk through aspects to address and deal with polarization in law movements and community partners of their lives with a degree of privilege. school, client representation, and life. beyond small teaching pro bono caseloads. Meanwhile, we are delving more deeply Carmia Caesar will begin this session by The session will start with a brief discussion into our teaching missions, defining and talking about her current work focusing of key structures and pedagogical approaches reporting our students’ learning outcomes. on the dearth of scholarship from the shared by in-house clinics and externship The goal of this session is to reexamine a perspective of the students who are most courses that make them an ideal place to prosaic resource—the case management often the targets of bias in our very white, explore and address polarization. It will then database system—as a potentially useful male, heteronormative profession. This shift to specific class topics and strategies tool for supporting both demands. Session framework shifts the focus of the roundtable that can be used in both in-house clinics participants will discuss current uses of to give more voice to the experiences of and externship courses that help students their case management database systems, our students of color. The presenters of understand and address polarizing topics or

24 Conference Schedule – Monday, May 6

situations. Class topics will include: implicit 4 – 4:45 pm to manage this transition in ways that bias and navigating cultural difference; team Fostering Resilience and a continue the many benefits embedded in building; professionalism and civility; and our collective enterprise. What do these self-care. Panelists will discuss how they Growth Mindset in Students: A transitions mean for clinical legal education teach each topic and share assignments and Strengths-Based Approach and for us as individuals, however we in-class exercises. Audience members will Plaza A, Lobby Level are situated regarding retirement? In this participate in a team building exercise. Each session, we will explore the individual and attendee will leave with specific assignments Tracye Edwards, Drexel University Thomas collective meanings of this generational and exercises on each of the class topics R. Kline School of Law transition through discussion of a set compiled from the lesson plans of all the Lauren Katz Smith, Drexel University of questions. What do those of us in or panelists. Thomas R. Kline School of Law imagining retirement find most valuable in Reena Elizabeth Parambath, Drexel what early generations have created? What 4 – 4:45 pm University Thomas R. Kline School of do we fear could be lost as so many retire? Law What are the opportunities for change that Coalition Building: An Essential we see as we manage this transition? We Lawyering Skill for a Polarized This concurrent session will focus on using hope that our discussion will engage some World a strengths-based approach to promote of the unsettling, complicated, and exciting incremental growth in our students, no Franciscan D, Ballroom Level issues that these transitions pose for our matter their level of abilities at the inception programs, our movement, our law schools, Stephanie K. Glaberson, Georgetown of law school. This topic provides an and ourselves. University Law Center opportunity to generate concrete strategies to move away from a deficit-oriented Madalyn Wasilczuk, Louisiana State 4 – 4:45 pm University, Paul M. Hebert Law Center approach to one based on strengths. Session participants will take away an understanding Media Advocacy in Clinical In this time of unprecedented polarization, of how to cultivate an awareness of their Teaching: Reclaiming Client no one group, organization, institution, or strengths and concrete strategies for helping Narratives in a Time of students cultivate the finest versions of clinic has the resources, skills, or time to feel Polarization adequately responsive to the needs of the themselves in a variety of competencies. moment. Whether we represent individual Using a reflective and interactive exercise Franciscan B, Ballroom Level clients or engage in policy advocacy, it as a tool to identify strengths, we will Kimberly Ambrose, University of can be easy to feel that we’re not doing brainstorm strategies for improving our own Washington School of Law enough. When we engage effectively in teaching and methods of providing feedback Jodi S. Balsam, Brooklyn Law School coalition with each other and our larger and develop strategies to help our students Esme Caramello, Harvard Law School communities, we may not only be able to recognize their strengths to leverage Elizabeth B. Cooper, Fordham University make a larger impact, but also provide our growth in a variety of competencies, such School of Law students with opportunities to learn a wider as legal analysis and writing, oral advocacy, Nicole Godfrey, University of Denver Sturm range of necessary lawyering skills. But how client interactions, leadership skills, and College of Law do we build coalitions effectively in a clinic professionalism. Anna Kirsch, Golden Gate University environment? How do we create spaces for School of Law our students to take responsibility while 4 – 4:45 pm working toward larger goals? How do we Intergeneration Change in This concurrent session will focus on the use identify and maintain vital relationships Clinical Education: Our Work, of media in clinical legal advocacy. Given the and help students understand what it takes current debate about fake news, alternative to sustain effective partnerships? And how Our Lives, Our Programs, Our facts, and media misinformation, along do we do all of this within the confines of Communities with daily attacks on our legal institutions, our existing clinic structures or design new Yosemite B, Ballroom Level it is becoming increasingly important to clinics that focus on coalition building? use media as a tool in legal advocacy to Claudia Angelos, New York University reclaim client narratives and reframe policy Through a facilitated conversation, this School of Law debates in areas that impact our clients’ session will draw upon presenter and Phyllis Goldfarb, The George Washington lives. However, many clinicians lack media participant experiences of teaching in University Law School expertise and face challenges in integrating distinct clinic environments, across subject Elliott S. Milstein, American University, students into media campaigns. As well, matter areas, clinic formats, and political Washington College of Law students often struggle to effectively frame and cultural settings. We will consider the Dean Hill Rivkin, University of Tennessee their cases/causes for particular audiences. limitations that the environments in which College of Law Using a case scenario, this session will we teach pose for our practice and the ways Ann C. Shalleck, American University, explore how to craft messages appropriate that coalition building might help us to Washington College of Law for various types of media and provide better respond to the demands of this crisis- participants with concrete strategies and fueled moment. We are at a transitional moment in our work materials for teaching media advocacy and as clinicians. The generations that launched messaging that can be applied in a variety of the clinical movement are retiring. Some clinics. Panelists will share in-class exercises, have already retired, some are moving segments of syllabi on media advocacy, toward it, some are anticipating this change, articles on client-centered media advocacy, and some are beginning to imagine what and examples of press materials. this transition could be like. Newer clinical colleagues, as well as the institutions we all share, are coming to grips with how

25 Conference Schedule – Monday, May 6

4 – 4:45 pm 4 – 4:45 pm 4 pm – 4:45 pm Preparing Students to be Red–Bottom Shoe Activism: The Learning Legal Interdisciplinary Collaborators Privilege, Power, and Interviewing & Language for Change Pedagogy Access Film Project Yosemite A, Ballroom Level Plaza B, Lobby Level Franciscan C, Ballroom Level

Yulanda Curtis, University of Illinois Valeria Gomez, University of Connecticut Christine Natoli, University of California, College of Law School of Law Hastings College of the Law Crystal Grant, Duke University School of Gautam Hans, Vanderbilt University Law Elissa C Steglich, The University of Texas Law School School of Law Samir Hanna, The University of Michigan Lucy Jewel, University of Tennessee College Law School of Law Building upon two newly-released short Rachael Kohl, The University of Michigan Robin Konrad, Howard University School films and a teaching guide, this concurrent Law School of Law session will focus on teaching law students Kate Mitchell, Loyola University Chicago Karla M. McKanders, Vanderbilt University about client interviewing and working with School of Law Law School an interpreter. We will share excerpts from Dana A. Thompson, The University of Lauren Rogal, Vanderbilt University Law the Learning Legal Interviewing & Language Michigan Law School School Access Film Project and highlight a variety of ways to use the videos inside and outside Given the highly polarized society in which A young African-American woman sat the classroom. Since releasing these films in our students are entering the practice of on an elevated stage. She spoke about her Fall 2018, more than 40 faculty members law and the need for more creative tools activism with Black Lives Matter. Visibly nationwide teaching in survey courses, to address seemingly intractable issues, noticeable to the audience below were her seminars, and clinics ranging from tax, now more than ever it is critical to prepare red-bottom French Christian Louboutin veterans, domestic violence, civil practice, students to collaborate across disciplines. shoes. An older Caucasian woman in the community economic development, and Interdisciplinary teams are more likely to audience sneered. “How can she be an immigration have reported their interest in create balanced, comprehensive and creative activist with expensive shoes?” This scene incorporating the videos into their courses. outcomes. Starting with the 2019-2020 from a social justice conference challenges This project is particularly salient in this academic year, schools of public health will our notions of activism and where the time of polarization and xenophobia, as the join a growing number of health science locus of social justice activism should videos center around serving immigrant programs requiring interprofessional reside. It creates an opportunity to consider clients, an asylum-seeking teenager and a curriculum as part of their accreditation assumptions about the nature of activism LGBT woman seeking a U visa. The students requirements. Though the ABA does not and our role in educating future lawyers. and their two clients have a number of require interdisciplinary or interprofessional The shoe narrative demonstrates how race, cultural differences—race, gender, age— competencies in the law school curriculum, privilege, class, and gender impact our such that in addition to teaching “traditional” interdisciplinary opportunities and perceptions of who has authority to speak interviewing skills, these films demonstrate interprofessional courses can support law on behalf of others. The shoe narrative is a how conflict or bias may surface, and how schools’ missions to train future lawyers to tool to help us deconstruct the privileges we students may address these issues in the collaborate across disciplines, an increasing wear, the multiple identities we bring into interviewing context. The videos also raise expectation among professionals of all types. the classroom, and how power dynamics a number of other issues including working impact our work. We will interrogate how through difference in partnerships, building In this session, faculty from a wide range shopping at Whole Foods, working out at rapport, role description and scope of of clinical programs will share experiences Soul Cycle, participating in high end hot representation, confidentiality, verbal and designing and facilitating interdisciplinary yoga, and attending expensive conferences nonverbal cues, tone, word choice, pacing and interprofessional opportunities. in luxury hotels impact any perceived of speech, road mapping and organization, Clinicians from medical-legal partnership, authoritative role we might have in being the answering unexpected and difficult veterans, entrepreneurship, unemployment change we wish to see in the world. client questions, recording the interview insurance, and education law clinics will and seeking permission, client-centered share examples of their interdisciplinary Panelists believe that knowledge is socially lawyering, form of questions, approaches work with schools of social work, education, constructed and individually integrated. to sensitive topics and responses to client’s business, architecture, and public policy, as Accordingly, this deconstructed panel distress, using third person, summarization/ well as collaborations with legal writing and turns the “sage on stage” model on its expansion of interpretation, and use of doctrinal law professors. These collaborations head. Attendees in groups will engage with interested parties as interpreters. have included interdisciplinary work in the interactive learning models to: understand clinical setting, interdisciplinary advocacy how the Johari Window can help to unearth projects, consultations with other disciplines unconscious and conscious beliefs that in course design and evaluation, and the contribute to our pedagogy and activism, development of interprofessional cross- and start to develop a self–awareness of listed courses. how to manage the polarities of power in our voices while remaining conscious of This session will culminate in a group the limitations of lawyering. Attendees will discussion about opportunities, strengths, think critically about what they bring to experiences and goals in interdisciplinary teaching during divisive times and the role and interprofessional education as an our law students may have in addressing the enhancement to clinical opportunities and divisive America in which we reside. an overview of challenges and obstacles in programs and universities in moving such programs forward.

26 Conference Schedule – Monday, May 6

4 – 4:45 pm Tuesday, May 7, 2019 7:30 – 8:45 am Harnessing the Collective Tuesday, May 7 Contemplative Practice Circle Capacity of Clinics, Pro Bono, Union Square 7, Fourth Floor Alumni, Courts, and Our Rural 7:30 – 11:30 am Facilitator: Communities AALS Registration Christopher Corts, The University of Union Square 23 & 24, Fourth Yosemite Foyer, Ballroom Level Richmond School of Law Floor Christopher Corts practices, studies, writes, and teaches in spaces where abstract legal Jason Collver, Attorney, Collver Law 7:30 am Becky L. Jacobs, University of Tennessee theory meets the grinding realities of College of Law Section Committee everyday life. Teaching courses in Legal Brian Krumm, University of Tennessee Meetings Analysis and Writing, Jurisprudence, and College of Law work-life satisfaction, he integrates mindful Joy Radice, University of Tennessee College Alternative Dispute Resolution and other contemplative pedagogies to of Law help cultivate greater awareness, empathy, Committee creativity, and compassion. Having enjoyed Union Square 3&4, Fourth Floor Natural divisions exist in law schools even appellate practice prior to becoming a law within robust clinical programs. Individual Liaison: Fatma Marouf professor, his mission is to help lawyers and clinics operate independently from each Chairs: Deborah Eisenberg and Lydia law students develop more sustainable ways other; rarely do students work together Nussbaum of being successful: pursuing excellence, across clinics. Pro bono projects and doing justice, finding purpose while alternative spring break projects, which Externships Committee engaging the rigors of professional life in a offer quasi-clinic experiences, engage Union Square 9, Fourth Floor personally-meaningful way. students in important access to justice work Liaison: Sue Schechter outside clinic. If each of these programs Chairs: Sue Schechter and Amy 7:30 – 9 am joined together, even just one time during a Sankaran semester, the capacity of a clinical program Refreshment Break Yosemite Foyer, Ballroom Level to assist underserved communities increases Interdisciplinary Committee dramatically. This workshop aims to engage Union Square 5&6, Fourth Floor participants in a backward design approach 9 – 10:15 am to develop a mobile legal clinic. Liaison: Wendy Bach Chairs: Colleen Boraca, Lucy AALS Section on Clinical Legal The University of Tennessee’s Mobile Legal Johnston-Walsh, and Jennifer Oliva Education Works in Progress Clinic breaks down the divides between individual clinical courses, between clinic International Clinical (See page 34 for listing of Works-In-Progress and pro bono, and between clinic and alumni Education and their meeting room locations) pro bono work while responding to a serious Union Square 8, Fourth Floor access to justice need – bringing necessary Liaison: Fatma Marouf 9 – 10:15 am legal services to sorely underserved rural Chairs: Sarah Paoletti and Gillian AALS Section on Clinical Legal communities. Building on this model, this Dutton Education Pilot Intensive Paper interactive session will first ask participants Feedback Sessions to brainstorm the potential pedagogical Membership, Training, and goals of a mobile legal clinic. The participants will be asked to work on a hypothetical that Outreach Committee (See page 43 for listing of Intensive Paper uses a backward design approach to develop Union Square 11, Fourth Floor Feedback Sessions and their meeting room a mobile legal clinic. Breaking into small Liaison: Leah Hill locations) groups, participants will work together and Chairs: Jodi Balsam and Katy Ramsey then be asked to confront a realistic problem. 9 – 10:15 am The small groups will present their challenge Technology Committee Bellow Scholars Program and proposed solutions to the large group. Union Square 10, Fourth Floor Report on Projects: Empirical Finally, each participant will be asked to Liaison: Wendy Bach Methodologies do a quick-write that captures three take- Chair: Michele Pistone aways from the workshop. The presenters Union Square 1&2, Fourth Floor will provide workshop participants with a (See page 33 for listing of Bellow Scholars Dropbox folder that contains a toolkit for 7:30 – 9 am setting up a Mobile Legal Clinic, including Report on Projects and the meeting room sample documents, a checklist of things to CLEA Board and Membership location.) consider, a sample timeline, an intake sheet, Meeting a limited representation agreement, a client Franciscan A, Ballroom Level 10:15 – 10:30 am receipt, and a sample attorney guide. Refreshment Break Yosemite Foyer, Ballroom Level, 9 – 11 pm Case Western Reserve University School of Law Clinic Reception Cityscape, 46th Floor

27 Conference Schedule – Tuesday, May 7

10:30 – 11:15 am emerged as the backbone of the resistance, and implementation of wide-scale family calling out these falsehoods while shining separation led widespread public outcry and Concurrent Sessions light on the experiences of marginalized to increased involvement by professors and communities and the impact of policy students in the constantly shifting landscape 10:30 – 11:15 am decisions. Indeed, lawyers have been of immigration detention. As detention of I Just Met You, And This working to defend the rule of law against the families and of immigrants more broadly corrosive effect of government mendacity seems here to stay, this concurrent session is Crazy, But Here’s My and obfuscation. Yet lawyers themselves will be a forum for reflection and sharing Number, So Call Me Maybe: have always had a complicated relationship of best practices for student engagement in Developing Student Attorney- with the “truth.” Scholars have long debated the family detention context and beyond. Client Relationships and whether the lawyer’s role is ultimately about A recent article in the Clinical Law Review truth telling, or whether zealous advocacy shares the results of a national survey of Communication from Afar on behalf of a client requires shielding clinicians and immigration professors who Plaza A, Lobby Level oneself from unfavorable facts, and narrative have engaged in this work and broadly processes can create unconscious filtering categorizes student engagement under three Saba Ahmed, University of the District of and bias effects. umbrellas: within clinic, within a service- Columbia, David A. Clarke School of Law learning or practicum (for credit) setting, Anne Schaufele, American University, The goal for this concurrent session is to or pro bono/student-led engagement. We Washington College of Law provide a framework for engaging clinic will share the insights gleaned, along with Susannah Volpe, Seton Hall University students on questions relating to truth perspectives from clinicians who have School of Law telling, fact investigation, and narrative. A engaged with students in varying ways: related goal is to add additional analytical through repeated local engagement with This session will provide tools to guide lenses—ethical norms, and the resurgence one detention center in Texas, through students towards building effective of both civil disobedience and calls for more ad hoc and quickly responsive work advocacy relationships with clients or increased civility—and assess their impact done within the family separation context witnesses in detained or overseas settings on how and what we teach our students in Arizona and in Tijuana, and through and to engage in cases they may not see to about truth telling. traveling from out of state to different fruition. Participants in this session will detention centers in Texas. learn remote communication strategies The presenters will engage participants that can be taught to law students through in a discussion of relevant considerations This session will explore best practices for two interactive classroom simulations/role and examples and briefly share their own preparing students to engage in intensive plays on client interviewing and creative view. They will use a hypothetical case and work within a detention center or on the evidence-gathering techniques to ensure small group work, and a brief role-play to border, the logistics and structure of that that distance does not result in diminished encourage attendees to consider ways to engagement, addressing secondary trauma, legal representation. We will explore surface these issues in the context of case reflection, debriefing, and the question of ways in which technology can enhance supervision. Additionally, the presenters how and whether to continue engagement client relationships and bridge gaps in will describe a shared experiment in which with on-the-ground organizations and communication. We also hope to foster each of them taught this topic separately individuals once no longer physically conversation about the additional ways in their clinic seminar, and then engaged present at the site of service. Our goal is in which we as educators can increase our their students in a joint virtual discussion to provide experiential educators who responsiveness to the educational needs about the topic. This experiment, albeit have already engaged in this work with an of millennial students as well as non- limited in scope, provides some empirical opportunity to share their own reflections, traditional students graduating into a legal insight on how students perceive this topic. but also to provide resources for those who market with ever-increasing reliance on Additionally, the presenters will describe may be contemplating embarking on a trip technological solutions. The three panelists how they structured their individual class or project with students. are experienced immigration and human sessions and joint conversation. rights attorneys whose students represent 10:30 – 11:15 am clients in immigration detention, prisons, 10:30 – 11:15 am and overseas. Meeting at the Intersection Learning in Baby Jail: Lessons of Scholarship and Clinical 10:30 – 11:15 am from Law Student Engagement Practice Lawyer as Truth Teller? in Immigration Detention Franciscan B, Ballroom Level Narrative and Fact Centers Franciscan A, Ballroom Level Margaret E. Johnson, University of Investigation in the Shadow of Baltimore School of Law Alternative Facts Lindsay Harris, University of the District Elizabeth A. Keyes, University of Baltimore Yosemite B, Ballroom Level of Columbia, David A. Clarke School of School of Law Law Erika Wilson, University of North Carolina Ana-Corina Alonso-Yoder, American Erica B. Schommer, St. Mary’s University School of Law University, Washington College of Law School of Law Wendy A. Bach, University of Tennessee Sarah Sherman-Stokes, Boston University Sometimes, scholarship seems like the thing College of Law School of Law clinicians have the least time for. And yet, Jayesh Rathod, American University, Cindy Zapata, Harvard Law School our practice makes for rich scholarship Washington College of Law opportunities, and the scholarship itself In recent years, over 40 law schools and over can deepen our teaching and supervision. In the current historical moment, politicians 1000 law students have engaged in learning As more clinical professors are required to and pundits frequently distort facts in order within family detention centers. The Trump produce scholarship, this session embraces to achieve political objectives. Lawyers have Administration’s “zero tolerance” policy these possibilities and examines a few ethical and pedagogical issues raised by our research 28 Conference Schedule – Tuesday, May 7

and scholarship. Specifically, this session race in criminal justice and policing into number of simulations, including those will explore not only the ethics of using the public discourse. In addition, the last brought by participants who are willing to our clients’ stories in our scholarship, but national election and the fallout have further share and panelist simulations that solicited also our students’ stories and legal work. In centered issues of identity in its various unexpected reactions from our students. addition, this session will consider whether manifestations. The session will explore whether and how and how we reveal, assign, and/or teach to add content to simulations to bring out our scholarship, and what guidelines may This concurrent session will consider controversial issues and how best to frame, be helpful as we consider our pedagogical strategies for teaching cross-cultural prepare students for, and debrief simulations goals and professional responsibility. Finally, competency in the current racial to maximize constructive student learning. this session will examine how and why our atmosphere, with a focus on clinics that are scholarship is in synergy with our clinical not explicitly or perhaps typically associated 10:30 – 11:15 am practice, extends from our practice, or with racial justice. We will consider how we occupies a wholly different area from our can accomplish this learning goal in different Strategies for Incorporating practice. We will help attendees identify pedagogical spaces (seminar, rounds, Leadership into Legal Clinics decision points, options, and possible supervision). We will address the specific and Externships considerations in thinking through these challenges to discussing race and gender Union Square 15&16, Fourth Floor three topics. Attendees will discuss and with students who are hostile to them or identify, in small groups and then as a larger who did not anticipate such discussions in Susan R. Jones, The George Washington group, other decision-points, options, and/ their chosen clinic. University Law School or guidance for their particular scholarly Paul Radvany, Fordham University School agenda and clinical practice. We will 10:30 – 11:15 am of Law provide attendees with a tool to help surface Stimulating Simulations: and make decisions regarding ethical and This concurrent session will offer insights, pedagogical considerations raised by our Framing and Debriefing examples, principles, and exercises scholarship as clinical professors and also a Provocative In-Class Roleplays from law school leadership courses and bibliography regarding these topics. Franciscan C, Ballroom Level leadership coaching. This is a personalized and confidential form of professional and 10:30 – 11:15 am Deborah Thompson Eisenberg, University personal development that can be used in of Maryland Francis King Carey School legal clinics and externships, in transactional Race, Identity, Competency? of Law and litigation settings. Participants will Expanding Our Understanding Eric Franklin Amarante, University of explore why leadership is important, how it Union Square 23 & 24, Fourth Tennessee College of Law can be taught, and the benefits of leadership Floor Lydia Nussbaum, University of Nevada, Las coaching practices and techniques. Vegas, William S. Boyd School of Law Participants will gain an understanding of Llezlie Green Coleman, American how to teach leadership skills which can University, Washington College of Law Simulations and roleplays are used be used by students in a non-hierarchal Sherley Cruz, American University, universally across clinics to actualize the setting, such as when a student is a member Washington College of Law three-part structure of clinical pedagogy: of a team of students in a clinical setting or Nadiyah Humber, Suffolk University Law “prepare, perform, reflect.” Indeed, they have other law school activities, as well as some School long been reliable workhorses for helping of the skills that are important to exercising Jamie Langowski, Suffolk University Law students prepare for real-life lawyering leadership once they assume a leadership School tasks. But our current polarized climate and role in an organization. Thus, students will Lynnise E. Phillips Pantin, Boston College sometimes polarized classrooms present new find these leadership concepts useful while Law School and unexpected challenges to our favorite they are in law school and also once they standbys. Sometimes, our simulations become practicing lawyers. Many clinicians consider the development inadvertently raise controversy or are of cross-cultural competencies a critical met with student resistance. For example, 10:30 – 11:15 am learning goal. Sue Bryant and Jean Koh students refuse to participate in simulations Peters’s formative work in this area, containing offensive facts or clients with The Time Traveling Lawyer including the “Five Habits of Cross Cultural goals that are incompatible with students’ Franciscan D, Ballroom Level Communication,” animates much of our personal ideologies. These challenges teaching on these skills. Issues of race, present an invaluable teaching opportunity: Tonia Werner, Vice President, Medical culture, gender, and identity are not static; students might be asked to re-evaluate their Services/Chief Medical Officer, Meridian rather they are complicated, nuanced, and preconceptions, engage in perspective- Behavioral Healthcare, Inc. often shifting, particularly as the public taking, or practice navigating the tension Jennifer M. Zedalis, University of Florida discourse on these concepts informs both between personal and professional values. Fredric G. Levin College of Law our and our students’ understanding of However, the precious class time used In the Time-Traveling Lawyer, we will them. As a result, clinicians must remain to explore these opportunities distracts explore the ways clinical law faculty might flexible and creative, adapting the Five from the exercise’s original pedagogical harness the appeal and fascination of time Habits and other resources to best teach goals. Thus, it is important for clinicians to travel and thereby enrich the educational our students and serve our clients. The take special care when preparing for and experience of law students. We will look for current public discourse on race, gender, debriefing simulations, particularly those parallels in the fictional world of the time and gender identity are markedly different with potentially provocative or sensitive traveler and the real world of law students today than three, five, or ten years ago. For content. and young practitioners. Collectively, we will example, the BlackLivesMatter movement identify ways we can use these to improve and the proliferation of advocacy through This session invites audience members to our teaching and help meet the challenges social media has pressed considerations of take a fresh look at their favorite simulations. Panelists will engage participants in an young lawyers face. interactive discussion that will evaluate a 29 Conference Schedule – Tuesday, May 7

The following questions provide a norms of yesteryear is problematic in at least Participants in this workshop will leave with framework for this project: What are the two ways: (1) the norms that existed were an action plan for how they might transform compelling aspects or “truths” of time travel used in parallel ways to stifle, criminalize, their clinic to include a docket that prepares as we know it from popular fiction, movies, and disenfranchise community members— students for meaningful participation in and television? In what ways do these truths indeed, it is these norms that have served local advocacy. relate to the relationships, dynamics, and as the bases for many of the injustices and processes associated with lawyering? How polarization we see today; and (2) these 11:30 – 11:50 am can students in clinical and practice-based norms have never existed in certain arenas, programs benefit from these ideas? Can particularly those used to wield violence Grand Finale: Karaoke Sing-a- we improve the education of our students against communities of color. long and Clinical Community in identifiable ways by sending them into a Unity Flag Art Project theoretical wormhole? How can we do this? This concurrent session is designed to Celebration + Cake explore how we can encourage, create, and Everyone in the session will be invited to lead conversations about social polarization Yosemite B, Ballroom Level participate by considering a few well-known with our students while acknowledging that We will have four sign-up spots to lead time travel stories with a fresh perspective. prior norms were no panacea for many of a sing-a-long with a song on the theme An informal idea sheet will be distributed. our community members. In this especially of community building, teamwork, We will use an unorthodox approach to malleable moment, future lawyers and celebration, or coming together. Choose a legal education by projecting ourselves the legal profession can and should play song, bring along others to join you on stage and our students into the past and as well a role in creating norms and institutions, (with at least one person who you met at the as the future and identifying truths in the determining what the new normal looks conference or don’t know well), and send us experience that can ultimately translate like. We will present tangible tools that a Karaoke recording of the song you choose. as permanent resources in the world of clinicians can use in pursuing these goals Then, lead the group in a sing-a-long of lawyering. We will consider different ways and in discussing how to effectively defend the song! Cake will be provided, too! Leave to implement these ideas in clinical and our wins, offensively tackle systemic the Grand Finale Karaoke Sing-a-long and experiential courses. What is most valuable? injustices that create hurdles for change, and Clinical Community Unity Flag Art Project dream of alternatives to the norms that have celebration edified, energized, and happy by Specific areas of practice will be considered. perpetuated systems of subjugation and noon! For example, interviewing, counseling, inequality. negotiation, and trial practice will be (Cake provided by Seattle University School discussed in the context of a time-travel 10:30 – 11:15 am of Law). teaching model. Specific skills and arts will be considered. These will include the art of When They Go Low, We Go persuasion and the skill of cross examination. Local Broadly, concepts of professionalism and Yosemite A, Ballroom Level professional identity will be addressed. Jane H. Aiken, Georgetown University Law 10:30 – 11:15 am Center Katherine S. Broderick, University of the What If It’s Always Been a District of Columbia, David A. Clarke Time of Polarization? School of Law Plaza B, Lobby Level With a broken national government, Shannon Cumberbatch, Columbia Law social justice activists are increasingly School looking to state and local governments and Tarek Z. Ismail, City University of New organizations to protect rights and ensure York School of Law progressive social and economic policies. Talia Peleg, City University of New York Clinics need to prepare our students with School of Law the skills and strategic approaches that will Jessica Rofé, New York University School ensure that they can be effective lawyers of Law and leaders in their local communities. In this session we will explore how you might In some ways, the present moment is only adapt your clinic to focus more locally. an intensification of phenomena that have Using an interactive format, we will identify plagued communities of color—particularly the critical skills that students need that Black and Brown communities—for decades. going local requires, including networking, For communities of color, polarization is organizing, collaboration, and humility; nothing new. As members of marginalized address predictable challenges of local work communities have begun to embrace including town/gown issues, changing identity politics and demand a social budget priorities and media engagement; reconstruction that no longer excludes, design teaching methodologies that can many in the mainstream have characterized be used across issue subjects; pinpoint the this pronunciation of difference as negative transferable learning outcomes you might and suggested a return to the norms that expect from this work; and develop pitches were the hallmark of an older era. These for this work that will make it attractive to norms relied on the courts as a bulwark students and faculty. against radicalism, shepherding change in increments so as not to ruffle the status quo. However, a return to the “un-polarized”

30 Poster Presentations

Posters are presented at the Reception Saturday, May 4, 6 pm – 7:30 pm Imperial Ballroom, Ballroom Level

Dispute Resolution Skills Guide Students Innovation and Tradition: A Survey of Intellectual Through Times of Polarization Property and Technology Legal Clinics Daniel Gandert, Northwestern University Pritzker School of Law Cynthia Dahl, University of Pennsylvania Law School Victoria F. Phillips, American University, Washington College of Law The Center on Negotiation and Mediation at Northwestern Pritzker School of Law has curricular offerings to help students get through The number of IP and technology legal clinics is rising, and the times of polarization, which can be visualized with a pyramid. At the opportunities such clinics present for helping students consider the base of this pyramid is helping students understand themselves. This role of technology in society and developing critical subject matter includes exploring Internal Family Systems and learning about one’s expertise has never been more important. In this poster, we present identity. Above this is teaching students about others, which includes survey data we have collected and analyzed from 72 live client IP listening skills and perspective taking. Built on top of this is sharing, and technology clinics. In addition to mapping this new clinical which includes learning about framing and neutralizing. Above this is community, the results also address questions about what these new learning about relationships and strategy, and finally at the top sits the clinics are teaching students, the clients they serve, their innovative dispute resolution processes. collaborations, and whether they are an extension of the clinical tradition to further the public good. Effective Storytelling and Media Advocacy for Civil Justice System Reform Modeling Collaboration between Clinic and Adjunct Faculty: The Creation of a Housing Esme Caramello, Harvard Law School Rights Clinic in the Wake of New York City’s Media advocacy is an important skill for social change-minded New Right to Counsel Law students, but it can be difficult to incorporate media advocacy into Kim Hawkins, New York Law School our own practices, much less teach it to students. This presentation will introduce Voices for Civil Justice, a national legal aid In response to the passage of legislation in 2017 ensuring the right communications initiative that offers messaging guidance and story to counsel for low-income tenants in Housing Court, New York placement assistance. It will also highlight All Rise for Civil Justice, Law School created the Housing Rights Clinic, which operates as a new Voices campaign that will help lawyers bring attention to our a “hybrid” clinic. Teams of two students supervised by a full-time broken civil justice system. Learn about the campaign and its website, faculty member work in collaboration with a practicing attorney a one-stop shop for resources to better tell the stories of affected from the Housing Unit at Manhattan Legal Services. Students attend people, families, and communities. a weekly seminar and work in their teams to represent low-income tenants in summary eviction proceedings. This structure allows us Ensuring Fairness in the Process: Civil to model collaboration and cooperation between clinical faculty and Protection Order Project practicing attorneys to bring about systemic change in housing court. Melinda Cooperman, Supervising Attorney, DC Law Students in Court Reflection Beyond Words: Visual Metaphors as Keeshea Turner Roberts, DC Law Students in Court Vehicles for Teaching Reflective Lawyering Dustin Marlan, University of Massachusetts School of Law - The Civil Protection Order Project (CPOP) is a unique project in Dartmouth the District of Columbia providing dedicated representation for individuals accused of intra-family offenses and responding to civil Harvard Business School professor Gerald Zaltman developed the protection orders. We do so from an office at the Superior Court of Zaltman Metaphor Elicitation Technique (ZMET) to elicit metaphoric the District of Columbia and with the full support of the Judiciary. expressions from consumers for purposes of marketing research. Our services ensure due process and procedural fairness in the Participants are each asked during the ZMET process to collect a set proceedings that can have profound consequences on the parties in of visual images that represent their thoughts and feelings about a the areas of employment, child custody, immigration, and housing, brand or product. These images are then analyzed during a multi- often without their knowledge. stage interview to uncover unconscious and forms of consumer thought, or “deep metaphors.” Consistent with the technique, I asked the students in my transactional law clinic to collect seven visual images they believed best represented their clinic experience. This poster describes that experience.

31 Poster Descriptions

What the New Clinician Needs to Know to Be an Effective Teacher in a Polarized World Stephanie K. Glaberson, Georgetown University Law Center Zina Makar, University of Baltimore School of Law Shanta Trivedi, University of Baltimore School of Law

This presentation will provide a “toolkit” for new clinicians transitioning to teaching from practice or moving away from podium teaching and into a clinical setting for the first time. It will present an opportunity for new clinicians to engage in a dialogue and generate tools to address common teaching challenges, including but not limited to: teaching to the whole room at this divided time, identifying learning goals for students, structuring seminars, handling supervision challenges, developing a scholarship agenda, and channeling authority gained through other professional experiences.

32 Bellow Scholars Program Report on Projects: Empirical Methodologies

Tuesday, May 7, 9 – 10:15 am Union Square 1&2, Fourth Floor

Moderators: Law Firm Incubator Study Anna E. Carpenter, The University of Tulsa College of Law Luz E. Herrera, Texas A&M University School of Law This session will use the current Bellow Scholar research projects to This project plans to survey lawyers who participate in law firm explore different empirical methodologies suited for research by clinical incubator programs and work for nonprofit law firms that serve legal educators. While the session will use the current Bellow Scholars’ modest-income individuals by charging low bono rates. The research as examples, it is intended to be useful for any clinicians principal objective is to learn more about the types of lawyers who conducting or considering empirical research projects. are drawn to these programs and law firms so we can better support them. This project will be the first quantitative data set published on The Bellow Scholar program recognizes and supports empirical these lawyers. research projects designed to improve the quality of justice in communities, enhance the delivery of legal services, and promote economic and social justice. The Bellow Scholar Program recognizes Domestic Violence Protective Order Study and supports projects that use empirical analysis as an advocacy tool Margo Lindauer, Northeastern University School of Law and School and involve substantial collaboration between law and other academic of Health Sciences disciplines. This session features the 2019-20 Bellow Scholars. The next class of Bellow Scholars will be selected in Fall 2020. This project’s goal is to assess correlations between civil restraining order procurement and outcomes in criminal prosecutions for domestic violence and sexual assault and then make Unregulated Charity recommendations for policy changes based on the empirical findings Eric Franklin Amarante, University of Tennessee College of Law to reduce inequality in outcomes and to improve access to justice for victims of domestic violence and sexual assault. This project is an empirical study of the organizational documents of Streamlined Application filers. This study will expand the National Taxpayer Advocate study by reviewing the organizational documents Assessing Access to Police Misconduct Records of all Streamlined Application filers in Tennessee. and Harm to Officers Rachel Moran, University of St. Thomas School of Law Expanding the Scope of Medical Legal This project will examine whether permitting public access to police Collaborations: The Utility of Forensic Medical misconduct records causes any identifiable harm to police officers. Evaluations in Preventing Deportation The study will survey police departments in the 12 states that do Nermeen Arastu, City University of New York School of Law currently permit public access to most or all misconduct records to ask police departments to answer a series of questions addressing This project examines the utility of forensic medical evaluations how often police misconduct records are requested by members of in the context of immigration proceedings. It seeks to rigorously the public and whether the departments are aware of any identifiable update and broaden existing data to review the influence of medical harm that officers have experienced as a result of these records evaluations in advocacy for immigrant populations and to compare requests. the “success rates” amongst immigrants receiving medical evaluations compared to the average national success rate in the administrative court and agency posture. The collective data set will be analyzed Rural Access to Justice in Iowa: Defining the to better understand outcomes, taking into account various factors Problem and Assessing Potential Interventions such as geography, race, country of origin, religion, language, and Daria Fisher Page, University of Iowa College of Law legal orientation of each individual case. As a team of immigration lawyers and physicians experienced in evaluating immigrant clients, This project is an effort to provide detailed data to support (or we seek to translate our findings into actionable strategies broadly upend) the assertion that rural Iowans lack meaningful access to for lawyers and physicians who work together on immigrant defense legal representation and courts. The project has two parts: Part I of cases. With our analysis we hope to inspire further interdisciplinary this project will collect quantitative and qualitative data about the collaborations to strengthen critical legal arguments related to “supply side” of rural access to justice in Iowa, focusing on data about “persecution,” “hardship,” “discretion,” and “substantial harm” in the presence and practice of attorneys and courts in rural Iowa. This immigrant defense. data is necessary to understand both the scope of the problem and to evaluate possible interventions. Part II, which would build on Part I, will assess programs designed to incentivize rural practice for recent graduates and to determine which interventions might be successful in Iowa.

33 Works in Progress Descriptions

Tuesday, May 7, 9 – 10:15 am

Coordinators: Emily Suski, University of South Carolina School of Law, Clinical Section’s Scholarship Committee Erika Wilson, University of North Carolina School of Law, Clinical Section’s Scholarship Committee

GROUP #1 COMMUNITY AND ECONOMIC of business and tax personal information disclosure requirements disproportionately impact low-resourced entrepreneurs. This DEVELOPMENT differential impact is problematic because it gives preferential Union Square 9, Fourth Floor treatment to one type of entrepreneur over another, squelching diversity and innovation in entrepreneurship. Furthermore, it Democratizing Public Benefit – Social is often low-resourced entrepreneurs who are most vulnerable Enterprise and Beneficiary Participation to exposure of their personal information for personal safety Joseph Pileri, American University, Washington College of Law reasons, low-resourced entrepreneurs are often less equipped to handle visitors to their business address of record, and address The burgeoning field of social enterprise attempts to compel insecurity among certain low-resourced entrepreneurs creates businesses to create some “public benefit,” often defined as a an effective bar to accessing entrepreneurship opportunities. social or environmental benefit for one or more third-party This challenge calls for a re-examination of basic business and stakeholders, alongside pursuing profit. Social enterprise thus tax registration laws, particularly at the state and local levels, to far largely fails to include the meaningful participation of consider what information is truly required by our government stakeholders and intended beneficiaries in the pursuit of this agencies and whether it is appropriate for such regulations to public benefit. Decisions about the definition, creation, and disproportionately burden entrepreneurs within our most low- measuring of a public benefit are left to traditional corporate resourced and vulnerable communities. governance mechanisms – boards of directors, company officers, and shareholders. These mechanisms often depend on groups GROUP #2: CRIMINAL LAW who neither comprise nor reflect the interests of marginalized Union Square 21, Fourth Floor groups and other stakeholders. In this paper, I suggest a model in which stakeholders and Reassessing the Criminal-Civil Divide beneficiaries are directly involved in the decision-making Jenny Roberts, American University, Washington College of Law process of these enterprises. I explain the justification for including stakeholders and beneficiaries in the decision-making This article will revisit the dividing line the Supreme Court has process for social enterprises. I walk through options for granting set between civil and criminal penalties, in light of the current explicitly identifiable stakeholders and beneficiaries decision- reality of widespread, easy availability of criminal and related making authority. I also propose practical legal structures that records and the many ways in which a variety of actors use that achieve these goals under existing law and legislative changes that data. The categorization of a consequence as civil or criminal is can bring about this kind of participation. significant, as it effectively determines whether that consequence can be applied retroactively, whether there is a right to counsel An Unfair Privacy Assault on America’s Most with respect to that consequence, and whether a variety of other constitutional rights apply. Vulnerable Entrepreneurs Amanda M. Sprately, Georgetown University Law Center In 2002 in Smith v. Doe, the Court held that Alaska’s sex offender registration and community notification requirements were “a Business registration and formation regulations disadvantage civil, nonpunitive regime” and denied the petitioner’s ex post low-resourced and traditionally marginalized entrepreneurs facto challenge to the state law. In 2017, a federal district court in greater proportion than well-resourced and sophisticated judge found Colorado’s Sex Offender Registration Act, although entrepreneurs regarding personal privacy. Low-resourced not punitive in intent, was punitive in effect. Noting that “Justice entrepreneurs starting a new business must frequently provide Kennedy’s words [in Smith] ring hollow” given current realities, sensitive personal data such as home address, home phone, the court stated that the Court “did not foresee the development personal email and social security number information to of private, commercial websites exploiting the information made multiple agencies, including the relevant secretary of state for available to them. . . The justices did not foresee the ubiquitous entity formation and business tax registration agencies at the influence of social media.” This article will call for reassessing federal, state and local levels. This issue is less acute for well- the civil-criminal divide in light of such recent developments. resourced entrepreneurs who often act through an attorney, law It will explore the constitutional, institutional, and practical or accounting firm to handle their legal, tax and other documents consequences of such a reassessment, including the complexity of or have the resources to purchase expensive executive suite drawing a line as current data realities continue to evolve. services or lease commercial property. The negative consequences

34 Works In Progress

A Qualitative Turn: How the Subjective understood to assume constitutional significance and therefore Experience of Punishment Should Change must be accompanied by substantive judicial review to preserve Sentencing Montgomery’s promise. Eve Hanan, University of Nevada, Las Vegas, William S. Boyd Here, the Eighth Amendment works in conjunction with due School of Law process requirements to necessitate more than mere procedural review; instead, it requires substantive scrutiny of whether the Sentencing decisions calculate the severity of punishment applicant has indeed not been “forced to serve a disproportionate numerically, in terms of months or years of imprisonment. sentence.” Such review would determine, at a minimum, whether They rarely take into consideration the qualitative experience parole was denied for reasons unresponsive to the constitutional of imprisonment. A purely quantitative view of punishment, concerns of demonstrated maturity and rehabilitation. however, provides insufficient depth of information on which to base sentencing law and practice. A small coterie of scholars argue Accessing Injustice takes a close look at a part of the criminal that an individual’s subjective experience of punishment should justice system that is often unseen, be relevant to weighing the punishment’s severity. Their argument is a starting point, but it dramatically understates the relevance of The Sentencing Project: Where to Now? more general, qualitative findings on the nature of imprisonment. In this article, I make the broader claim that qualitative data on Robert Rigg, Drake University Law School punishment should serve to empirically inform our normative In what started out to be an outline for possible sentences imposed commitments in sentencing law and practice. In short, it should in criminal cases constructed by a Judge of Iowa Court of Appeals, matter what prison is like. now has become a 500-page document with over 5000 footnotes, Outside of the courtroom, research on the qualitative experience incorporating relevant case law and linking each code section of punishment has grown increasingly deep and expansive, to the Iowa Legislature’s website. The evolution from outline to ranging from journalistic and humanistic accounts of life in a sentencing project was accomplished by a Judge of the Iowa prison to rigorous social science research within prisons. In this Court of Appeals, a faculty member of the Drake Legal Clinic, article, I analyze how data derived from these sources are relevant and most importantly by law students. The Sentencing Project, to three areas of the criminal legal system. First, research on in application and construction, illustrates the development the qualitative experience of imprisonment should be relevant of practical scholarship by a legal clinic. The project, which to lawmakers who set punishments for crimes, reform criminal illuminates the complexity of existing Iowa criminal law, seeks laws to offer rehabilitative alternatives, and pass laws that define to increase judicial efficiency by presenting a comprehensive and fund prison systems. Second, the research should be relevant document linking criminal offenses to the possible sentencing to sentencing decisions made by prosecutors and judges in trial consequences cited and cross referenced in various sections of the courts. Third, the research should be relevant to appellate courts Iowa Code. that review of sentences challenged as constitutionally excessive. The focus of the presentation will center on the current and future development of the Sentencing Project as well as the feasible GROUP #3 CRIMINAL/JUVENILE JUSTICE technological improvements to the project, where the project Union Square 22, Fourth Floor came from, where it is, and where it should/could be in the future. In other words where do we go from here? Fulfilling Miller’s and Montgomery’s Mandate: Judicial Review of Parole Decisions for Juvenile GROUP #4: EDUCATION/SPECIAL Offenders EDUCATION Alexandra R. Harrington, Yale Law School Union Square 23/24, Fourth Floor

In the last decade, the Supreme Court has issued a series of Partners or Co-Defendants?: Legislating the decisions giving children sentenced to life without parole hope of a future beyond bars. Most recently, Miller v. Alabama prohibited Relationship between School Districts and Law mandatory life without parole for juveniles, and Montgomery v. Enforcement Louisiana made Miller retroactive. Miranda Johnson, Loyola University Chicago School of Law Montgomery asserted, without further analysis, that the There has been increased public attention to the actions of law opportunity for parole can remedy a Miller violation: parole enforcement officers stationed within our nation’s schools. In ensures that children “who have since matured . . . will not be particular, concerns have been raised regarding handcuffing forced to serve a disproportionate sentence in violation of the of young children and children with disabilities, use of force by Eighth Amendment.” The Court’s vague promise, however, officers, and inappropriate involvement of officers in routine leaves open the important question of what standards, if any, school discipline matters. A growing number of cases have a parole hearing must satisfy in order to comply with Miller’s been filed alleging that the conduct of law enforcement officers constitutional requirements. violated students’ rights. As this article details, in response to the Court’s decisions, many In order to address these concerns, researchers and national states have implemented parole eligibility for juveniles serving organizations have recommended putting in place a more long sentences. Yet, some states prohibit judicial review of parole structured relationship between school districts and law decisions, and others limit review to an assessment of whether enforcement and increasing the training provided to officers the hearing met minimum procedural requirements. This article working in schools. Several school districts have instituted argues that, post-Montgomery, the parole process itself must be such changes in the form of memoranda of understanding

35 Works In Progress

(MoUs) that clearly delineate the division of responsibilities To better understand this paradox, the article contains two original between school administrators and law enforcement and that multi-jurisdictional surveys. The first reviews the prohibitions on set criteria for selection of school resource officers, impose public urination and defecation in the 10 municipalities with the training requirements, and create a monitoring and evaluation most homeless individuals. The second explores the Freedom process. There has also been more state legislation in the areas of of Information Act and Public Record Act responses of those MoUs and training for school police, and the tragic shooting in municipalities to requests for information regarding the public Parkland, Florida has led to greater concern about school safety bathrooms they operate and potential barriers to use for homeless that has accelerated legislative changes in this area. individuals. This article highlights findings from a 50-state legislative survey The article contextualizes the paradox in relation to human of polices regarding school police, with a particular focus on dignity, public health, and the historical use of bathroom access recent legislation in four states. The article concludes by exploring as an exercise of power. It contends that government actors use lessons learned from these experiences that can inform legislative bathrooms to marginalize the homeless community in the same and policy initiatives in other states. way that they have used them to marginalize women, people of color, individuals with disabilities, and transgender individuals. Trauma-Responsive IEPs The article concludes that any long-term solution to the problem Nicole Tuchinda, Georgetown University Law Center requires an examination of the paradox through the lens of the homeless community. Recent, robust research makes clear that childhood trauma, such as abuse or neglect in the home or community violence, can Improving Homeless Persons’ Quality of significantly cause and exacerbate disabilities in learning and Life: Using Evidence of Government Hostility behavior. Such research shows that the nation’s special education law, the Individuals with Disabilities Education Act (IDEA), must Towards Homeless Persons to Challenge become “trauma-responsive” in order to improve outcomes for Quality of Life Laws Under the Equal Protection the many children who do not respond to conventional responses Doctrine to misbehavior and academic failure. The imperative to make Ericka Petersen, Georgetown University Law Center special education trauma-informed isn’t just moral, however, it is also legal. IDEA operates on the premise that research-based Cities across the United States have been using the guise of data should drive decision-making about who qualifies for special equal application of the law to pass a flurry of legislation aimed education and how and what special education should be provided. at ridding their cities of homeless persons. These laws, such as IDEA’s “Child Find” mandate also requires public school systems laws prohibiting sleeping or sitting in public spaces are known as to identify, evaluate, and provide special education to all children quality of life laws, and make a homeless person’s very existence with disabilities who need special education. Now, the research- criminal. based data about trauma reveals that children whose school performance is disabled by trauma must be “found,” and their Quality of life laws started springing up around the United States special education must embody trauma-responsive principles, after courts found vagrancy laws, which had formally been used including building skills in self-regulation and promoting a sense to control and expel the homeless, unconstitutional. Because of safety and connection at school. This article proposes three quality of life laws are often facially neutral, many challenges ways to make special education trauma-responsive: 1) requiring to them have been unsuccessful. In this article I will argue that assessment of trauma’s impact in all evaluations conducted under despite some difficulties, the Equal Protection Doctrine could be IDEA; 2) adding a stand-alone trauma-specific disability category successfully used to challenge many quality of life laws. While to IDEA’s disability categories; and 3) putting trauma-responsive the doctrine is usually analyzed within the framework of tiered services and accommodations, including trauma-responsive scrutiny, there is abundant support for the idea that legislation therapy, onto individualized educational programs (IEPs). This is created with the intent to harm unpopular groups, violates equal the first article to comprehensively explore and assess the value protection guarantees. Using the legislative history, as well as and risks of multiple approaches to making special education law public discourse surrounding the passage of a form of quality and its implementation trauma-responsive. of life laws known as sit-lie laws in nine cities, I will analyze and build a framework with which advocates could challenge quality of life laws using the Equal Protection Doctrine. GROUP #5 HEALTH/HOMELESSNESS Nob Hill 2, Sixth Floor GROUP #6 FAMILY & HEALTH Nob Hill 3, Sixth Floor Bathrooms as a Homeless Rights Issue Ron Hochbuam, Loyola University Chicago School of Law My Family Belongs to Me: A Child’s Right to Bathrooms are a bellwether of equality. Segregated bathrooms were Family Integrity at the center of the Civil Rights movement. Accessible bathrooms Shanta Trivedi, University of Baltimore School of Law were at the heart of the Disability Rights movement. Now, gender- neutral bathrooms or bathrooms assigned by gender, rather than On a daily basis in the United States, the government separates sex, are at the heart of the Transgender Rights movement. children from their parents based on their parents’ immigration status, incarceration, or involvement in the child welfare system. This article is the first to examine the right to access bathrooms Under Fourteenth Amendment due process jurisprudence, it as it relates to the homeless community. The article explores the is clear that parents have a fundamental liberty interest in their current paradox where cities, counties, and states provide few, if relationship with their children. It would seem sensible, then, that any, public bathrooms for the homeless community and the public the child’s right to that same relationship would be just as clear. at large, while criminalizing public urination and defecation. 36 Works In Progress

Surprisingly, it is not. Some scholars point to limited Supreme local jurisdictions covering about a third of the nation’s renters. Court dicta to argue that children do have a constitutional right to Massachusetts added SOI as a protected class under its anti- family integrity. However, the Court has never squarely answered discrimination statute in 2006. However, housing advocates the question of what rights a child may assert to protect her familial have raised concern about the significant level of discrimination relationships, and only a few lower federal courts have addressed in Massachusetts based on SOI and about whether SOI the question. Most are silent. This ambiguity has considerable discrimination is a proxy for race discrimination. implications in myriad contexts, including cases where parents’ and children’s rights are in conflict or other familial relationships This article will publish an empirical study of the rates and types (such as those with siblings) are infringed upon. This article is of discrimination in the Greater Boston rental housing market the first to comprehensively examine whether and under what based upon source of income and race. The Suffolk University Law legal authority a child has an autonomous right to her family. School Housing Discrimination Testing Program will conduct 50 The article analyzes the legal implications, as well as the benefits paired housing discrimination tests to develop the data for the and disadvantages for children and their families, if such a right study. An outside data analytics firm will analyze the test results exists. In undertaking this exploration, the article also examines for statistically significant data, comparing the treatment housing the historical, cultural, doctrinal, and theoretical principles providers give to the different testers. The resulting data will inform supporting a child’s independent right to family integrity, policy recommendations regarding state enforcement measures including consideration of international laws and conventions. and whether SOI should be included within the protected classes enumerated in the Fair Housing Act. Oral Health Parity: A Call for Health Justice through Equal Access to Oral Healthcare Black, Poor, and Gone: Civil Rights Law’s Inner- Jessica Millward, Georgetown University Law Center City Crisis Anthony V. Alfieri, University of Miami School of Law Lack of access to oral healthcare can be deadly. In 2007, Deamonte Driver, a 12-year-old boy, died as the result of an abscessed tooth. In recent years, academics committed to a new law and sociology Although Deamonte’s family had been insured by Medicaid, of poverty and inequality have sounded a call to revisit the inner which provides dental coverage to children under Medicaid city as a site of cultural and socio-legal research. Both advocates EPSDT, coverage lapsed and Deamonte’s parents could not in anti-poverty and civil rights organizations, and scholars in law access preventive dental care for him despite repeated efforts. school clinical and university social policy programs, have echoed Even when the family had access to Medicaid, they had trouble this call embracing the inner city as a context for experiential accessing a dentist who would treat Deamonte and his brother. learning, qualitative research, and legal-political advocacy Children’s dental needs are not the only unmet dental needs. For regarding concentrated poverty, neighborhood disadvantage, adults insured through Medicaid, dental coverage is an optional residential segregation, and mass incarceration. Indeed, for service. States that opt-in to providing Medicaid dental coverage academics, advocates, and activists alike, the inner city stands out frequently cap coverage to the extent that insured individuals as a focal point of innovative theory-practice integration in the cannot access care. In this, Medicaid mirrors available private fields of civil and criminal justice. dental insurance, which is often woefully inadequate. Worse, Today, in the post–civil rights era, new socio-legal research on the Medicare actually prohibits coverage related to the care of teeth. inner city casts a specially instructive light on the displacement- Using the Mental Health Parity and Addiction Equality Act of 2008 producing and segregation-enforcing policies and practices that as a model and drawing on the Lifecourse Health Development have caused the involuntary removal of low-income tenants and Theory to support the need for oral healthcare for all ages and life homeowners from gentrifying urban spaces and their forced stages, I propose a path for coverage of oral health services across out-migration to impoverished suburban spaces. Despite more all health insurance models, both public and private. than fifty years of law reform campaigns in the field of fair housing, neither legal advocates nor civic activists in gentrifying neighborhoods across the nation have been able to halt the pace GROUP #7 CIVIL RIGHTS (HOUSING of eviction or reduce the intensity of residential segregation. As a DISCRIMINATION & RACIAL JUSTICE) result, both fair housing advocates and activists bear daily witness Nob Hill 4, Sixth Floor to civil rights law’s inner-city crisis. This Article evaluates the promise of fair housing law reform Race and Source of Income Discrimination in campaigns in combating concentrated poverty and residential the Metro Boston Housing Rental Market segregation, and in integrating a vision of environmental health William Berman and Catherine A. La Raia, Suffolk University Law and justice. School Racial segregation in America remains a chronic and visible GROUP #8 IMMIGRATION problem. Congress created the Housing Choice Voucher Program Nob Hill 5, Sixth Floor to increase mobility for low-income people, many of whom are people of color. The idea that low-income minority renters would Addiction-Informed Immigration Reform be able to use vouchers to reverse patterns of segregation and Rebecca Sharpless, University of Miami School of Law access less segregated neighborhoods of opportunity has not come to fruition. Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Race is a protected class under the Fair Housing Act. Source Immigration and Nationality Act regards noncitizens who suffer of income (“SOI”) (i.e., having a housing subsidy) is not a from drug or alcohol substance use disorder as immoral and federally protected class but it is a protected class in state and 37 Works In Progress

undesirable. Addiction is a ground of exclusion and deportation GROUP #9 IMMIGRATION & TRAFFICKING and can prevent the “good moral character” needed for certain Nob Hill 6, Sixth Floor immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The State of Undocumented Foster Youth: The time has come for immigration law to catch up to today’s Inconsistent Implementation of Federal understanding of addiction. The damage done by failing to Immigration Regulations by State Child contemporize the law extends beyond the harms of unwarranted Protective Agencies family separation due to the deportation or exclusion of people Danielle Kalil, The University of Michigan Law School who suffer from substance use disorder. Holding noncitizens to an archaic standard threatens our civic and political identity as Between DACA, family separation, and the surge unaccompanied a diverse and democratic country. The bigger the gap between minors at the border, immigrant children have featured heavily in contemporary mores and immigration law and policy, the harder the news in recent years. But we hear less about the many youth in it is for U.S. citizens to develop a civic and political identity that is state foster care with undocumented or insecure status who face free of ethnic and racial animus. Double standards for citizens and significant obstacles to remaining in the country. These youth— noncitizens create cognitive dissonance, leaving society vulnerable and their access to immigration relief—are the focus of this paper. to discriminatory or stereotypical views to justify the differential U nonimmigrant status is a type of immigration relief for victims treatment. This phenomenon not only harms noncitizens but of certain qualifying crimes who cooperate with law enforcement. thwarts the formation of a national civic and political identity To qualify, the applicant must obtain a signed certification from a free of ethnic and racial bias. The Article proposes and explains law enforcement agency. Per federal regulations, any agency with the legislative reforms necessary to remedy the current state of “criminal investigative jurisdiction in their respective areas of immigration law’s treatment of substance use disorder. expertise” may certify, including “child protective services.” Many youth in foster care are victims of a crime that would qualify them Constitutionally Unaccountable: Privatized for U status. Traditional law enforcement agencies often do not Immigration Detention investigate these crimes in a meaningful way, but child protective Danielle Jefferis, University of Denver Sturm College of Law agencies do. Youth who cooperate with these investigations should be able to obtain a certification; nevertheless, some child For-profit immigration detention is one of this nation’s fastest protective agencies refuse to certify U visa applications. The growing industries. More than two-thirds of the roughly 45,000 federal government has exclusive authority over immigration, people in the custody of federal immigration authorities find but by contravening federal immigration regulations, states are themselves at one point or another in a private prison contracting determining who gets to stay in the country. Inconsistent state with the federal government. Conditions of confinement in many implementation of federal regulations results in inequitable of these facilities are dismal. Yet, the spaces are largely unregulated. administration of immigration relief. This paper will examine the concrete implications of these disparate state policies on A substantial body of law has developed in the United States vulnerable immigrant youth as well as the broader implications regarding the constitutional limits of incarceration. The to administrative law of states inconsistently interpreting and availability of constitutional tort remedies imposes some measure implementing federal immigration regulations. of accountability on prison officials and corrections systems. The constitution affords no tort remedy, however, for people who suffer from untreated serious medical conditions, risks to their GROUP #10 LAWYERING safety, and violence while incarcerated in for-profit immigration Union Square 10, Fourth Floor prisons. Indeed, the spaces are constitutionally unaccountable. This Article is the first to expose and examine the absence of a Brain-wise Lawyering for Clinical Law Students constitutional tort remedy for the people behind the walls of for- Danielle Cover, University of Wyoming College of Law profit immigration prisons. Lawyering is an inherently human endeavor characterized by Drawing on previous work showing the conditions in today’s both the strengths and frailties of human emotion and behavior. immigration detention facilities are inherently carceral, this For the average law student, there is often no greater challenge to Article uses what I call the “civil detention fallacy” to demonstrate their understanding of the world than entering a law school clinic that when it comes to conditions of confinement there is no focused on the direct representation of marginalized populations. meaningful difference between criminal incarceration and Fear, anger, and anxiety influence how clients approach their immigration confinement. Therefore, the same values that form representation relationships as well as their individual capacities the foundation of our constitutional jurisprudence regulating to engage with the legal system. At the same time, student criminal incarceration—namely, dignity, the inherently attorneys are living their own experiences of fear and worry. governmental function of incarceration, and the need for Students moving through these challenging experiences may find transparency and accountability—must allow for a constitutional it difficult to genuinely feel and express empathy for their clients tort remedy for people whose rights are violated in for-profit – their brains may literally be preventing them from developing immigration prisons. the connections necessary to support their clients through their legal problems. Neurobiology and neuropsychology provide a foundation for clinical professors to aid their students in understanding both their own behaviors and the behaviors of their clients. This, in turn, may strengthen a student’s ability to develop empathy over the long term. In short, knowing how brain chemistry impacts

38 Works In Progress

human response is brain wisdom, brain wisdom supports the • How can clinical faculty support student writing, while retaining growth and expression of empathy. student ownership and accountability?

This paper explores some of the theoretical premises of self- Racial and Gender Diversity in Clinical Law awareness using neuropsychology and neurobiology. It includes a discussion of basic brain chemistry; and neuropsychological Teaching influences on observation and interpretation. The paper also Caitlin Barry, Villanova University Charles Widger School of Law discusses ways clinical professors can use brain-wise concepts in Shobha L. Mahadev, Northwestern University Pritzker School of the clinical environment to impact the development of empathy Law in clinical students. The CLEA Diversity in Clinical Legal Education Committee is examining available data and analyzing trends on racial and Closing the Clinic Door gender diversity among clinical faculty between 1980 and 2017. Suzan M. Pritchett, Drake University Law School As far as we are aware, no substantive writing on clinical faculty diversity has been produced since Jon Dubin wrote “Faculty What happens to cases and clients when a clinician departs a law Diversity as a Clinical Legal Education Imperative” in 2000. school and there is no immediate plan to fill the clinical teaching Recognizing that faculty diversity is a key element in improving position? What happens to cases and clients when a law school the quality of clinical education and moving towards racial equity makes the decision to terminate a clinical program? This article in the profession, we are looking at data gathered by CSALE, SALT builds on a lively discussion that took place on the Clinic Listserv and AALS. Our initial findings are that while gender diversity has in the spring of 2018 and will be further explored through a greatly improved, racial diversity has grown at a slower rate, and concurrent session at the AALS 2019 Clinical Conference. There representation of clinicians who are black has only nominally appears to be little consensus on what constitutes best practices increased in that time period. In 2017, nearly 8 in 10 clinical when a clinical program ends or a clinician departs. This article faculty members were white. The committee will present a draft will explore the ethical rules and obligations that apply to clinical of our report and would like to solicit feedback on the framing law programs and to individual when a clinic closes its doors. In and utility of our research for future advocacy. addition, it will formulate suggestions for best practices for clinics and law schools who encounter the departure of faculty or the termination of clinical programs. GROUP #12 CIVIL RIGHTS (TITLE IX AND LGBTQ) GROUP #11 PEDAGOGY Union Square 12, Fourth Floor Union Square 11, Fourth Floor Illegitimate LGBT Parents Teaching Written Advocacy in a Law Clinic Susan Hazeldean, Brooklyn Law School Setting Many states’ parentage regimes exclude unmarried same-sex Tamar Ezer, University of Miami School of Law parents from legally recognized relationships with their children. Written advocacy is a critical lawyering skill and core component Before marriage equality became the law of the land in Obergefell of student work in many clinics. This is particularly true in policy- v. Hodges, some commentators expressed concern that winning based clinics, such as those focused on human rights advocacy. access to marriage would restrict, rather than enhance, LGBT This work requires facility with multiple legal frameworks at people’s liberty. Leaders in the battle for marriage equality the domestic, regional, and international levels and the ability countered that they were fighting to make marriage available, to integrate structural patterns with individual stories, connect but not mandatory, for same-sex couples. But it appears that the abstract principles to specific experiences, digest complex material concern about marriage becoming mandatory had some validity, and present it clearly and simply, and construct a compelling at least for same-sex couples who want to be parents. narrative. There is a rich literature on teaching legal writing, but In many states, the only way a same-sex couple can both be legal little discussion of its applicability in the fast-paced law clinic parents of their child is to be married so that they can benefit setting, where written products have real world consequences and from the marital presumption of parentage or access step-parent need to be of high quality. This paper delves into this literature, adoption. Unmarried same-sex couples, who cannot both be identifying lessons to be applied in the clinical setting, including the genetic parents of their children, often cannot obtain legal both pedagogical techniques and good feedback principles. It recognition as co-parents even if one of them is biologically related further provides an opportunity for self-reflection and assessment to the child. Unmarried heterosexual couples can have children of techniques and exercises with which our human rights clinic is without worrying that one of them will not be recognized as a currently experimenting. parent. Beginning in the 1970s, the Supreme Court repeatedly This piece further engages with the following questions: held that non-marital fathers could assert rights to their children. But the impact of these decisions is limited because they focus on • What are important elements in a student’s mindset when the biological relationship between the parent and his child. This approaching written advocacy? article explores the constitutional implications of this exclusion, • How can clinical faculty assist students in shifting from objective arguing that same-sex relationships will not truly be treated to persuasive writing? equally until LGBT people can freely choose to marry (or not) • What are the core competencies students need to develop for without fear of losing their children if they decline. effective written advocacy, and what are particular exercises and techniques clinical faculty can use to strengthen them? • How should clinical faculty approach feedback on student writing?

39 Works In Progress

Disaggregating Title IX By contrast, open source hardware (OSH), a relatively new entrant Emily Suski, University of South Carolina School of Law to the open source arena, does not have a robust ecosystem of potential licenses. Because of the many different types of OSH This article explores the stark differences between Title IX policies and the different types of intellectual property that are applicable and procedures at the K-12 level and the college and university at each stage of the OSH development cycle, crafting a single level. Despite the significant disparities in specificity and process, license to govern all aspects of OSH has proven difficult. the courts treat all Title IX claims the same. This article critiques this treatment in the context of the Title IX deliberate indifference This article will first explore the technical environment for standard. It proposes doctrinal and policy changes to remedy OSH and then explore the underlying principles and drivers the disparity focused on disaggregating the treatment of Title IX of the open source community. Next, the applicability of claims in the K-12 context and the college and university context. different forms of intellectual property at each stage of the OSH design/productization cycle will be discussed along with the accompanying challenges presented by OSH. Finally, the article GROUP #13 LAW & SOCIETY will review existing licenses before proposing a new licensing (EMPLOYMENT/HEALTH & approach that focuses on permissive instantiations of OSH to ENTREPRENEURSHIP) address the deficiencies in existing licenses. Union Square 13, Fourth Floor GROUP #14 CHILDREN’S RIGHTS & Periods and Workplace Policy DISABILITY RIGHTS Marcy Karin, University of the District of Columbia, David A. Union Square 14, Fourth Floor Clarke School of Law Menstrual management is an obstacle to full workplace equality The Family Law of Civil Procedure and economic security. Menstruation happens at work, but Lisa Martin, University of South Carolina School of Law workplaces are not universally set up to support workers needs to Children have legal rights, including the right to access the courts. address their periods. For example, existing employment laws fail Yet, children typically lack the legal capacity to represent their to require breaks, flexible scheduling, or access to sanitary spaces to own interests in courts, and generally must rely on adults such as apply menstrual products. Periods and blood also are stigmatized, their parents to act for them. When federal courts are presented gendered, and subject to religious, social and other mythology. with children’s civil claims, the Federal Rules of Civil Procedure The corresponding shame and lack of menstrual education makes require courts to ensure that children’s interests are protected. some workers susceptible to discrimination, intimidation, and To protect child litigants, courts decide matters such as who can harassment. This structural mismatch prevents people from speak and make decisions for the child within the litigation, and properly managing periods at work. It also ignores the adverse whether the appointment of a representative, such as a next friend employment decisions that are taken on the basis of menstruation or guardian ad litem, is needed. The Rules map out a loose process or otherwise against menstruating individuals. Building on the for addressing these concerns, but fail to fully account for a critical 2010 federal law that created breastfeeding accommodations, factor in court decisions about the interests of child litigants: the this paper proposes a new menstrual management workplace role of parents as parents. protection law. This three-part proposal expands the menstrual equity movement and normalizes and destigmatizes menstrual Because parents have constitutionally protected authority to care management by: (1) creating menstrual accommodations at for and control their children, litigation brought on a child’s behalf work, including access to reasonable, job protected break time presents a classic tangle of rights and obligations between parents, and safe products that allow people to menstruate at work in children, and the state. This collision between family law and the way they want, without fear of retaliation or retribution; (2) federal procedure gives rise to numerous questions, including: requiring access to clean water and sanitary facilities to address what preference, if any, parents should have to represent their blood exposure; and (3) covering menstruating individuals under children’s interests in litigation; what deference, if any, should existing discrimination laws. be given to parents’ litigation decisions by courts; when parents’ constitutional rights give them independent standing to vindicate An Instance of Open Source Hardware their children’s rights, and how should courts proceed when Licensing children’s and parents’ rights conflict? Tim Murphy, University of Idaho College of Law This article untangles the parent-child-state issues that inevitably As open source software (OSS) has become more prevalent, arise when child litigants come before the federal courts and and more widely accepted, many different OSS licenses have provides an analytical account of the family law of civil procedure. proliferated to provide different licensing constructs for licensors and licensees. The most popular OSS license is the GNU Public Eliminated: The Disappearance of Disability License (GPL), which is protective of author rights and intended Katherine L. Moore, Seton Hall University School of Law to foster an open software community. Because software source code and object code files are primarily protected by copyright, Increasingly, medical technology and the law coordinate to the options for license terms are relatively straight-forward and eliminate the occurrence of disability in our society. This is well-known. To the extent patent rights become an issue, various happening even as these fields fail to recognize the serious additional provisions have been proposed to address that issue in implications of technological advances such as genetic disease the context of the overall, copyright-focused license. screenings and cochlear implants; laws regarding physician- assisted suicide and consent to sexual activity; or attempts to cure conditions such as autism. The rush to advance in these areas overlooks a number of very real consequences. 40 Works In Progress

Eliminationism is any set of policies, beliefs, and actions that often focus exclusively on improving an algorithm’s output. Little serve to eliminate disability or advocate for its elimination. It is thought is given to the broader context of the decision systems the confluence of factors that combine to reduce the instance of in which they operate, except to highlight the danger of math- disability in society. Eliminationism need not be intentionally washing. Rarely is the question of relative human bias considered directed to reduce the number of people with disabilities, yet that in such critiques, begging the question whether such machine is its frequent consequence. biases result in more or less harm than that of the unaided human. Algorithms, however, work to eliminate the noise found Traditional bioethics embraces an approach that prioritizes a in most decisions, and this can result in fewer, albeit different, particular conception of the ‘good’: one in which people are at mistakes. However, we can do better than simply swapping biased their optimal health, and in which disabilities are managed or human mistakes for less-frequent and differently biased machine cured. This article will address how to preserve advancements mistakes. We can use the fact that ML algorithms encode the in technology and the right to individual choice, while also bias of historic data to make explicit those unjust factors driving addressing the concerns of eliminationism. Potential solutions existing decision making, transforming the encoding of bias by an may include more education and integration, along with support algorithm from a bug into a feature. Drawing upon the history for disabilities even as they may fade in frequency. of burden shifting and lessons learned from attempts to shape discretionary decisions (e.g., review committees for charging GROUP #15 ACCESS TO JUSTICE decisions and sentencing guidelines) this paper will present a Union Square 15/16, Fourth Floor framework for leveraging AI to mitigate human bias in questions of discretion that explicitly considers and addresses potential legal challenges such as equal protection. The Limits of Good Law: A Study of Housing Court Outcomes Breaking Bad: Legal Ethics and Law Nicole Summers, Harvard Law School Enforcement Surveillance The enactment of the warranty of habitability in the early 1970s Timothy M. Casey, California Western School of Law was hailed as a revolution in tenants’ rights. Reversing centuries of legal precedent, the doctrine established that a tenant’s This paper examines the use of evidence obtained by the obligation to pay rent is contingent upon the landlord’s obligation government either illegally or unethically, with specific attention to maintain the premises in good repair. This Article presents the to evidence based on surveillance. Deciding whether a given results of the first rigorous empirical study on the effectiveness of action or activity is illegal turns out to be fairly straightforward: the warranty of habitability. Based on statistical analysis of over compare the action to existing statutes and common law. 1,200 eviction case files and unit-level data matching of these files Determining whether an action is ethical turns out to be a bit more to Housing Code enforcement records, the study finds that the difficult. For example, ethical rules and statutes prohibit a lawyer overwhelming majority of tenants with meritorious warranty of from violating the law, and prohibit the use of false or misleading habitability claims do not benefit from the law at all. statements. But many law enforcement investigative techniques depend on false or misleading statements or on violations of The Article makes two significant contributions to the literature law by law enforcement. Such behavior may be justified, and on the warranty of habitability. First, it establishes definitively that therefore excusable under legal precedent, but it may nonetheless an operationalization gap exists in the law. While prior studies be unethical. This paper focuses on the unethical behavior of law have observed that the warranty appears to be less effective than enforcement in electronic surveillance operations. originally envisioned, no study has been able to rigorously assess the use of the warranty of habitability in cases where it should GROUP # 17 EXTERNSHIPS be used: those in which the tenant has a meritorious claim. This Union Square 19, Fourth Floor study does so. Second, the Article upends the leading theories for why the warranty of habitability is ineffective. These theories posit Coordinators: that tenants are unable to benefit from the warranty of habitability D’lorah L. Hughes, University of California Irvine School of Law because they lack access to legal representation and/or because Kendall Kerew, Georgia State College of Law strict requirements exist for assertion of the claim. The findings of Co-Chairs, AALS Clinical Section Externship Scholarship this study show that neither theory withstands empirical scrutiny. Committee

GROUP #16 LAW & SOCIETY Field Supervisers as Teachers Union Square 17/18, Fourth Floor Susan B. Schechter, University of California, Berkeley School of Law With the increase in attention to experiential education and The Better Part of Valor: Leveraging AI to the expansion of field placement programs to meet some of Mitigate Human Bias in Questions of Discretion that demand, field placement faculty/staff must be educated David Colarusso, Suffolk University Law School and empowered to persuade field supervisors working with students to embrace their role as teacher in these academic credit Public misapprehension regarding the nature of current artificial opportunities. With programs allotting 2-12 units (generally) for intelligence (AI) has led to the adoption of algorithmic decision these experiences, it is critical that faculty/staff advocate for field aids, and in some instances decision makers, unduly influenced by supervisors to take the role as teacher to heart in preparing the algorithmic bias—an echo of their designers’ bias. The use of such next generation of lawyers. Field placement supervisors have a systems in criminal justice has resulted in pushback, questioning range of supervision experience and dedication to working with their fairness. Yet, proposals for combating algorithmic bias students.

41 Works In Progress

This article will be divided into 3 parts: 1) Provide a brief historical overview of the evolution of ABA Standard 304©(iv)- specifically, the selecting, training, evaluating and communicating with supervisors provision; 2) Engage in a discussion about what it means to be a field supervisor, why it is critical for supervisors to embrace their teacher roles and why that matters for the student experience; and 3) Delve into what faculty/staff can/should do to train and support field supervisors to ensure students are provided with a meaningful academic experience. While arguably obvious and ABA-rule mandated that law school faculty/staff dedicate time to field supervisors, given the limited resources many/most field placement programs are struggling with, this is not always a priority. This article will argue that selecting, training, evaluating, and communicating with field supervisors must be a priority if field placement programs are to serve students and be taken seriously in law school experiential education and clinical pedagogy.

What Factors Lead to Externship Success Anahid Gharakhanian, Southwestern Law School There’s been lots of conversation in the externship community about what contributes to a good externship program/course. The ABA has been trying to figure that out too. However, these conversations are mostly informed by anecdotal or collective experience/wisdom and not based on methodical data/analysis. So we’ve decided to embark on an empirical approach to probe into what contributes to success in an externship. To answer our research question, we are gathering information about four Southern California law schools’ externship programs/ courses that are run differently as well as surveying the externship supervisors and students over three terms. The surveys will gather information about multiple data points and ask that the student and the supervisor rate the student’s “success” at the externship. We are defining “success” based on the Educating Tomorrow’s Lawyers’ Foundations for Practice report. To date, this is the most comprehensive and reliable study about legal skills, character traits, and general competencies that entry-level attorneys need to launch a successful legal career. The report is based on over 24,000 respondents from across the country. A multi-variant analysis of the inputs will help us explore what most significantly contributes to the student’s success at the externship. Generally speaking, these inputs could be categorized as follows: (1) the student’s academic and demographic attributes and level of interest/commitment to the externship; (2) the support as well as academic component provided by the school; and (3) the quality of the placement and the supervision. Our hypothesis is that the most significant contributors that will surface will be related to the student and the placement/supervisor.

42 Pilot Intensive Paper Feedback Sessions

Tuesday, May 7, 9 – 10:15 am

GROUP #1 CRIMINAL/CRIMINAL GROUP #2 BUSINESS AND PROCEDURE GOVERNMENT ACCOUNTABILITY Union Square 3&4, Fourth Floor Union Square 5&6, Fourth Floor

The Cost of Preventive Justice Illegal Exactions Zina Makar, University of Baltimore School of Law Renee Burbank, Yale Law School Every pretrial detainee is presumed innocent. Despite this Illegal exactions are an amorphous category of claims against the presumption, if you are subsequently acquitted or the charges government with two unifying characteristics: the government against you are dropped, then you have no meaningful recourse has acted unlawfully or beyond its authority, and its action has against the government for the time and life of which you have enriched the government at someone else’s expense. The most been deprived. Without any hard consequences, our criminal prevalent type of illegal exaction is a claim to recover money justice system operates without any meaningful checks at the or property that the government has taken in violation of the pretrial stage. Constitution, a statute, or a regulation. Although the claim superficially resembles a tort or Fifth Amendment taking, One potentially powerful check would be pretrial compensation. modern courts often view illegal exactions as Fifth Amendment Unfortunately, pretrial compensation has not gained much Due Process claims. As a result, slowly and quietly, and perhaps traction in the United States for a number of deeply ingrained unintentionally, courts have expanded the definition of illegal institutional reasons. This article critically analyzes those reasons exactions to correct a wide range of government misconduct, and sets forth a path forward to make pretrial compensation a from seizing or demanding excess taxes, to imposing illegal reality. conditions and fees to obtain government-issued permits, to improper civil forfeitures, to requiring private institutions to pay How Stop-and-Frisk Undermines the Right to for costs that should be borne by the government, such as costs Silence related to immigration detainment. Josephine Ross, Howard University School of Law The law of illegal exactions has developed through infrequent The right to silence is more than a line in the Miranda litany. clusters of cases over 150 years, without substantial academic Building on the First and Fifth Amendment right to silence, evaluation or discourse. The case law, thus, often lacks Terry v. Ohio imbedded this into stop and frisk under the Fourth theoretical coherence. This article outlines four areas of internal Amendment. I argue that pre-Miranda silence is no longer inconsistency in illegal exaction claims. It then identifies a protected so courts should recognize that statements gathered potential unifying theory through which to examine such claims. during Terry stops are “compelled.” Last, this article argues that public interest lawyers in particular should recognize illegal exactions as a highly adaptable tool that I am writing a book that uses feminist insights to analyze police can hold the government accountable and make clients whole, stops. Feminists have noted how the Supreme Court privileges especially when injunctive relief is not available or insufficient. some speech over others in the context of reproductive rights. Doctors may be compelled to tell women about adoption before Business Fundamentals for Lawyers they abort, but other pregnancy clinics cannot be compelled to Julie D. Lawton, DePaul University College of Law give out information about where to get an abortion. This book is designed to assist practitioners and law students, Consider the 5th Circuit decision in Alexander v. City of Round 1 particularly those planning to practice business law, learn the Rock where an officer pulled over a car and questioned a basics of business from the perspective of an attorney. Specifically, passenger. Pressing his boot or knee against the man’s back, in addition to narrative explanations of business concepts, unlike the officer asked, “Are you ready to talk to me now?” When other books on this subject, this book also will provide case studies the passenger still refused to talk, the officer arrested him for and problem sets to enable law students to experientially learn “obstructing a police officer.” Although there was no question how to identify legal issues from analyzing business issues and that the government was compelling the man to talk, the Court of th financial statements. Accountants, not lawyers, create financial Appeals for the 5 Circuit ruled in favor of the government. The statements, so it is important to understand that the purpose officer was not compelling “a particular political or ideological of this book is not to teach law students how to draft financial message” so it did not deserve First Amendment protections. statements. Instead, the purpose is to help the law student have sufficient enough understanding of business to be able to function as an attorney in a business environment, whether in corporate law or in litigation. Using this book, students should finish their course with an ability to read and analyze the four main Financial Statements and identify legal risks and means of mitigating those risks on behalf of their client through the analysis of a client’s business issues and financial statements. While this skill is useful 1 Alexander v. City of Round Rock, 854 F.3d 298 (5th Cir. 2017). to all law students and lawyers, it is particularly vital to future and current business lawyers. 43 Intensive Paper Feedback

GROUP #3 ETHICS AND PEDAGOGY GROUP #4 JUDGING AND HUMAN Union Square 7, Fourth Floor TRAFFICKING Union Square 8, Fourth Floor Errors and Omissions: Challenges in Competently Operating A Student-Staffed The Unexamined Life Brief Advice Clinic Claire Donohue, Boston College Law School Linda F. Smith, University of Utah, S. J. Quinney College of Law In the context of family law, the relationship between the judge Law schools are required to make pro bono opportunities and a litigant is marked by a bizarre intimacy. The judge is available to all students. One approach is involving students in learning about very private family matters while also ostensibly “brief advice” clinics staffed by volunteer attorneys and serving acting with neutrality or objectivity. Those in listening professions individuals who are handling their matters themselves. This do many things to prepare to be in intimate space with clients. staffing-supervision structure presents challenges in ensuring Controlling for one’s self, and attention to a nuanced sense of clients receive competent, individualized advice and students other, is the foundation from which therapists listen to, and learn receive adequate oversight so that this is a positive learning about, their clients. The careful listening, in turn, is the precursor experience. This paper analyzes transcripts from 46 recorded to proposing any intervention in the clients’ lives. This stands consultations by law students. It focuses on those cases where in stark contrast to a legal fact finder drawing from their “own there were “errors or omissions”—either the client got some common sense and experience of life” when “deciding whether erroneous advice or the client did not receive complete, to believe a witness and how much importance to give a witness’s personalized advice—and asks why. Conversation analysis allows testimony.” a fine-grained analysis of the interview, the student-supervisor consultation, and the final client counseling. This analysis shows This article focuses on family law generally and custody where the break-downs occur and theorizes why. The paper specifically to consider what many in family law practice know, ultimately proposes techniques to improve the operation of a judges’ rulings often reflect pedantic views of mothering. This student-staffed brief advice clinic. article focuses on explanation for this phenomenon: namely that fact finders, like most people, have subconscious tendencies to favor litigants and narratives that seem familiar and to Strangers in the Village: Critical Clinical misunderstand or tune out those that do not. This article will argue Pedagogy and Rebellious Transactional that a basic understanding of some psychological principles can Lawyering inform reform efforts to mitigate the destructive subconscious Etienne C. Toussaint, University of the District of Columbia, tendencies of factfinders that thwart efforts to expand how we David A. Clarke School of Law view mothers and mothering in the twenty-first century.

Clinical legal education was founded by academics who Stretched Beyond Its Limits? The Elasticity of recognized a need for both skills-based legal pedagogy and justice-oriented lawyering practice. Nevertheless, there remains Human Trafficking mixed opinion on the role law schools should play in addressing Julie Dahlstrom, Boston University School of Law systemic economic oppression and racial injustice. While some What is human trafficking? When is an expansive definition of scholars argue that clinical legal education must shift from trafficking justifiable? How does trafficking relate to existing insular skill generation toward a progressive critical pedagogy concepts—like domestic violence, sexual assault, labor focused on community engagement, many law schools continue exploitation, and prostitution—with which it often overlaps? to embrace a decidedly limited critical and community-oriented These questions have become increasingly salient since the US approach to legal education. This article explores the dominant Congress defined the crime of human trafficking in the Victims learning ecology of transactional law clinics in an era of evolving of Trafficking and Violence Protection Act of 2000 (TVPA). legal education. Transactional law clinics have traditionally Since then, all 50 states have passed legislation with varying focused on preparing “practice-ready” lawyers, with an emphasis definitions of the crime. Congress also has re-entered the field on teaching foundational lawyering skills that are in demand with subsequent iterations, often expanding the crime to capture at top law firms. Increasingly, such law clinics are prioritizing new conduct. opportunities in the technology space and deemphasizing the persistent economic justice issues that plague marginalized, low- As a result, the definition of human trafficking in the United income, and underrepresented communities. Yet, there remain States has now broadened to include a remarkably wide variety a few transactional law clinics that teach a “rebellious” approach of actors and conduct. Diverse actors—including buyers of sex, to transactional lawyering, seeking to affirmatively challenge online platforms, credit card companies, and hotels—have been institutionalized systems of oppression and uproot America’s caught in the anti-trafficking crosshairs, targeted with increased commitment to global capitalism. criminal prosecution and civil litigation. This article examines the historical and continuing expansion of trafficking definitions This article argues that transactional law clinics should in the United States with a particular focus on sex trafficking. It intentionally integrate a critical legal studies perspective into posits that further broadening must be approached with careful the study and practice of transactional law. As transactional law consideration of the proposed benefits and the profound dangers clinics rise above market-driven notions of “practice readiness” of overreaching. that both commoditize legal education and demote law students from engaged ‘Socratic’ citizens to consumers of marketable skills, law schools will produce more civically engaged attorneys who can help stem the tide of racial and economic injustice in America. 44 45 Exhibitors

Carolina Academic Press Representatives 700 Kent Street Linda Lacy Durham, NC 27701 Carol McGeehan Phone: (919) 489-7486 Fax: (919) 419-0761 caplaw.com

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46 General Information

CONSENT TO USE OF PHOTOGRAPHIC, VIDEO, AND AUDIO MATERIALS AALS will have a photographer at sessions during the conference. Photos taken during the conference will remain the property of AALS and may be distributed or used in future marketing materials. Your attendance at the conference indicates your acceptance to be photographed, filmed, or recorded, and to AALS’s use of your image, without payment of any kind, in program(s) and for other purposes designated by AALS in the future.

PRIVATE ROOM FOR PARENTS Nursing parents may use the Executive Board Room, Ballroom Level, for private space with electrical power, a refrigerator, and a locking door. Please visit AALS Registration (Yosemite Foyer, Lobby Level) for access.

WALKING DIRECTIONS TO UC HASTINGS RECEPTION (1.7 mile – 13-minute walk) • Head west on O’Farrell Street, .3 mile • Turn left on Hyde Street, .3 mile • Reception located at 198 McAllister Street

CONTINUING EDUCATION CREDIT After the conference, AALS can provide you with an attendance confirmation letter to support other continuing education documentation as required by your specific state’s accrediting agency. To request a letter, email [email protected].

2020 AALS CLINICAL CONFERENCE Saturday, May 1 – Wednesday, May 6 Renaissance Orlando at SeaWorld Orlando, Florida

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51 AALS CALENDAR

Workshop for New Law School Teachers Thurs., June 6 – Sat., June 8, 2019, Washington, DC Thurs., June 4 – Sat., June 6, 2020, Washington, DC

Faculty Recruitment Conference Thurs., Oct. 3 – Sat., Oct. 5, 2019, Washington, DC Thurs., Oct. 15 – Sat., Oct. 17, 2020, Washington, DC

Annual Meeting Thurs., Jan. 2 – Sun., Jan. 5, 2020, Washington, DC Tues., Jan. 5 – Sat., Jan 9, 2021, San Francisco, CA

Conference on Clinical Legal Education Sun., May 3 – Wed., May 6, 2020, Orlando, FL

AALS

1614 20th Street, Northwest, Washington, D.C. 20009-1001 PHONE: 202-296-8851 WEBSITE: aals.org