October 6, 2012

Concurrent Session 7D. The Pedagogy of Poverty Law

Sara Ainsworth et al. — Sat, 06 Oct 2012 15:00:00 PDT

Presentation will discuss effective strategies for teaching poverty law, either as a stand-alone course, or as part of a clinical course. The presentation will proceed in two parts, one focused on creating and teaching a doctrinal course and one focused on imparting poverty law lessons within existing clinical courses. The presenters include a range of seven professors who teach poverty in various contexts throughout the law school curriculum. In each part, presenters will provide the audience with concrete takeaways, including sample syllabi, readings, exercises, and the like.

Concurrent Session 7E. Avoiding Narrative Distance: Engendering Identification and Empathy in the Classroom

Kristen Barnes et al. — Sat, 06 Oct 2012 15:00:00 PDT

Legal learners often distance themselves from participants in legal matters, occupying a space of studied reflection in which they observe, evaluate and learn from the participants instead of relating to them. The distance is furthered where there is historic, cultural, psychological and economic difference. Presenters will discuss the role of narrative distance in the law school classroom and the pedagogical value of, and methods for, bridging the distance and fostering empathy, understanding and connection with case participants.

Concurrent Session 7C. Access to Justice Through Fee Shifting: Teaching Students How to Get Paid Doing Public Justice Work as Private Practitioners

Genevieve Hebert Fajardo et al. — Sat, 06 Oct 2012 15:00:00 PDT

Discusses how to teach law students how to evaluate the potential income from pro bono cases by teaching about the federal and state statutes that authorize fee shifting. Provides an overview of fee shifting statutes and how to train law students entering the private bar to become enforcers of important public rights.

Concurrent Session 7B. Teaching Identity and Understanding Community-Based Lawyering in Transactional and Non-Litigation Practices

Alina Ball et al. — Sat, 06 Oct 2012 15:00:00 PDT

Cross-cultural competence is a critical component of client-centered and community-based advocacy. This panel will discuss the need to more deliberately integrate issues of identity and cross-cultural lawyering into the transactional and non-litigation space. Specifically, the panel will explore the importance of and challenges surrounding teaching these issues in clinical, externship and trial advocacy programs. Additionally, the panel will examine how transactional, community-based practices can expand our notions of social justice and provide opportunities for our clients’ generative learning. The presentation will include a mock class presentation, teaching recommendations, and an overview of the benefits, risks and challenges of embracing how identity and community influence experiential learning and, ultimately, legal practice.

Concurrent Session 7A. Examining Race and Its Legacy

Juan Perea et al. — Sat, 06 Oct 2012 15:00:00 PDT

Discusses the many ways in which slavery and slaveholding were protected by the Constitution but virtually ignored in every Constitutional Law casebook; crucial government actions promoting racial discrimination and segregation with respect to housing that are ignored in the basic Property course; and contemporary discrimination and empowerment issues that remain unresolved. Provides examples of how to address these issues in first year curriculum and how to discuss issues of race with law students while encouraging them to become the next generation of civil rights lawyers.

Concurrent Session 6E. Using the Movement to Develop Learning Outcomes to Put "Cultural Sensibility" Skills into the Curriculum

Andi Curcio et al. — Sat, 06 Oct 2012 13:50:00 PDT

Discusses reasons to include cross-cultural competence in the list of ABA accreditation standards required learning outcomes and barriers to its inclusion (including claimed lack of ability to measure this skill). Outlines medical educators' work to develop and measure their students' cross-cultural competence learning outcomes and discusses initial results from a statistically reliable survey measuring law students' knowledge and attitudes about the role culture plays in the lawyering process. After laying that groundwork, the session engages participants in a discussion of: the cross-cultural competence knowledge, attitudes and skills we want our students to develop; various methods to teach these; and the potential contents of an instrument that could be one measure of students' cross-cultural competence learning.

Concurrent Session 6C. The Role of Law Schools in Supporting Solo and Small Firm Lawyers to Address Access to Justice

Richard Granat et al. — Sat, 06 Oct 2012 13:50:00 PDT

Identifies ways in which law schools, law students, non-profits and solo and small firm lawyers can collaborate through curricula, clinical practices and private practices to provide legal services to unrepresented clients. Discusses need for solo and small firm lawyers to deliver legal services to low and moderate income clients, the potential for unbundled legal services, the potential for virtual firms, and the role of law schools in developing public interest private practices. The panel will also present a non-profit created by a law school that addresses the need.

Concurrent Session 6D. Teaching Justice Through Innovative Techniques that Create Curious Minds

Deirdre Bowen et al. — Sat, 06 Oct 2012 13:50:00 PDT

Explores the theme of curiosity as it relates to teaching justice. Professor Bowen will discuss how becoming curious about empirical data can lead to effective justice advocacy through awareness of issues and improved application of critical thinking. Professor Crawford will explore how experiential learning in other countries can lead to curiosity over ethnocentric assumptions through the work he does in foreign applied learning. Professor Jacobs will offer insights on creating curiosity through justice in her negotiation clinic. Finally, Professor Maldonado will provide a compelling comparative perspective on justice and curiosity based on the work he does with students in his clinic at the University of Andes.

Concurrent Session 6B. Justice and the Teaching of Lawyering Skills

Stacy Brustin et al. — Sat, 06 Oct 2012 13:50:00 PDT

This panel explores the organic relationship between the teaching of lawyering skills and the advancement of justice. In the first presentation, Professors Brustin and Mullen outline methods of integrating the teaching of practice skills into doctrinal courses in a manner that meets the needs of disenfranchised and low-income litigants. They will suggest potential venues and community partnerships, and participants will develop a plan for integrating skills into their own courses. In the next presentation, Professor Kendall proposes the addition of “legal-forums” courses to the core curriculum to demonstrate how lawyers can utilize administrative and legislative forums to advance social justice. Finally, Professor Silver presents a simulation of a first-year class in which he exhorts the future stewards of the system of justice to examine the MEANING of justice, explores whether the concept is susceptible of definition or clear understanding, and asks if the failure to contemplate its meaning serves to perpetuate the status quo.

Concurrent Session 6A. Creating and Sustaining Social Justice Lawyers

Susan Brooks et al. — Sat, 06 Oct 2012 13:50:00 PDT

As members of the Project to Integrate Spirituality, Law and Politics, the panelists will discuss a vision of law and legal practices that promotes healing in place of conflict. The presentation will provide experiential exercises designed to help students in becoming reflective, contemplative, caring and psychologically healthy lawyers.