Legal Profession: The Responsibilities of Public Lawyers Professor Lani Guinier 4 classroom credits [1L students can enroll for 3 classroom credits]; 2, 3, or 4 optional clinical credits Spring Using case studies on lobbying, public conflict resolution, class-action litigation, community-based advocacy, and lawyering for the government, this course will explore the many tensions for public lawyers who advocate on behalf of individual clients, who seek to represent causes or the "public’s" interests or who engage in legislative advocacy, community organizing or alternative forms of problem-solving and deliberation. In particular, we will focus on the philosophical, ethical, strategic and identity or role conflicts that confront lawyers as professionals and adversaries but also “public citizens.” We shall explore the distinctive challenges facing impact litigators, prosecutors, government agency lawyers, Legal Service lawyers, lawyers doing pro bono cases and/or community organizers. The entire class will meet weekly to discuss background readings and to engage in simulations, role-playing exercises, and small group brainstorming sessions. In addition, the class will be divided into smaller sections that will each meet separately with the professor at scheduled intervals to pursue a topic in greater depth. In lieu of an examination, students will have the option of either writing a final paper or submitting two shorter papers during the term. Those who choose to write a final paper must either do a clinical project or volunteer weekly at a public policy or public interest organization. The final paper should be an empirical-based study of an ongoing public lawyering project in which the student is a participant-observer. The paper will give students an opportunity to assess critically the public lawyering/public policy approach they observed in light of the background reading and class discussions of the philosophical, ethical, and strategic conflicts or issues at stake. Those who choose instead to write two shorter papers during the term must join one of the small facilitation groups, which will meet with the professor to discuss the assigned readings, as well as additional background material. Students enrolled in this course fulfill their professional responsibility requirement. Enrollment is limited to fifteen clinical students; fifty students total. A limited number of slots are available for interested first-year students. Students who wish to enroll in this course with a clinical component must do so through the Office of Clinical Programs. Please refer to the Clinical course section of this Catalog for drop/add deadline rules for all clinical courses. The classroom components of certain clinical courses satisfy the Law School's professional responsibility requirement. Students may enroll in a second clinical course with a professional responsibility component, but the course taken second will be reduced by one classroom credit. Students are not allowed to enroll in two non-clinical courses with professional responsibility components unless they get permission from the Registrar's Office. Please note that the class as a whole meets twice a week. Theory and Practice of Public Lawyering: Seminar Professor Lani Guinier 2 classroom credits 99080-11 Fall/Spring 2, 3, or 4 optional clinical credits Fall or Spring Admission with permission of instructor only. Lawyers who advocate for the disadvantaged and under-represented and thus for a more equal, sustainable, and participatory society are practicing in a new context today. These lawyers use different techniques and play different roles than those of the litigation impact lawyers of the 1960s or 1970s. In this year-long seminar, we will take an in-depth look at new lawyering practices. We will build on the critique of traditional lawyering models presented in the Responsibilities of Public Lawyers course, and further engage with theories of race, gender, and power as developed in the Critical Perspectives seminar, to search for roles, sites, and practices of public education and legal advocacy that build ethical relationships, enhance learning and motivate emancipatory action. The goal of the seminar is to move beyond critique, to engage with actual lawyering models and pedagogical projects that seek to realize transformative aspirations in down-to-earth ways. Students will meet in a workshop format or in small group meetings with the professor to discuss assigned readings and student work. Students will be admitted by permission of the professor and only if they have taken the course The Responsibilities of Public Lawyers or the seminar Critical Perspectives on the Law. Students will have the option of signing up for one or two additional independent writing credits with the instructor's permission. Students who wish to enroll in the seminar with a clinical component must do so through the Office of Clinical Programs, after obtaining the instructor's permission. This course will not be available through the online Clinical Lottery. Please refer to the Clinical course section of this Catalog for drop/add deadline rules for all clinical courses. Law and the Political Process Professor Lani Guinier 3 classroom credits 41350-21 Winter 2 optional clinical credits Spring This course will consider the way law informs and regulates representation and participation in the political process. We will examine constitutional constraints on legislative apportionment, districting and on access to the ballot. We will explore the relationship between democratic principles and the electoral participation of racial, language, and political minorities. We will study in depth the Voting Rights Act of 1965, as amended, to understand how the law both shapes and has been shaped by social science research, political theory, historical forces, and practical considerations. We shall also briefly take up issues of alternative election systems and the role of women in politics. Constitutional Law is strongly recommended but is not a prerequisite for this course. There will be a take-home examination. Up to five students will be allowed to write papers in lieu of the exam. In addition to the exam, class participation will count in grading. Class formats will include lecture, Socratic dialogue, small-group participation, guest speakers, and student facilitation. There is an optional clinical component to this course. Students who wish to enroll in the class with a clinical component must do so through the Office of Clinical Programs. Please refer to the Clinical course section 8 in this Catalog, pages 225 and 226, for drop/add deadline rules for all clinical courses. Enrollment is limited to 65 students. Critical Perspectives on the Law: Issues of Race, Gender, Class and Social Change: Seminar Professor Lani Guinier 4 classroom credits 92040-11 Fall/Spring 2 optional clinical credits Fall or 2, 3, or 4 optional clinical credits Spring NOT AVAILABLE 2005-06 Admission with permission of instructor only. This seminar will focus on the way the law frames race, gender, sexuality, and class as explored through the lens of interdisciplinary scholarship, including critical race theory and feminist jurisprudence. The readings range from law review articles to primary and secondary sources that critically examine the foundations and assumptions underlying legal doctrine, political institutions, gender and professional roles, and prevailing theories of social change. We shall examine the assumptions and structures within which power is shaped and exercised as part of the dynamic of individual and institutional change. The seminar is also intended to provide a space for building theory/practice connections for students who are currently developing or actively participating in a social change project that involves issues of race, class, and/or gender. Students will share responsibility with faculty for planning and facilitating this seminar. This involves helping to select a problem or problems on which to focus on, developing a syllabus and goals for the seminar, selecting readings, and lining up guest participants. A statement of interest is required prior to enrollment. Students should submit a statement of interest directly to the instructor. Students will have the option of taking the seminar pass/fail. Students who wish to enroll in the course with a clinical component must do so through the Office of Clinical Programs with the permission of the instructor. This course with a clinical component will not be available through the online Clinical Lottery. Please refer to the Clinical course section of this Catalog for drop/add deadline rules for all clinical courses.
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