clinicians with not enough to do

Faculty Moves to Michigan State

FROM Joan  Howarth, Dean, Michigan State

I am thrilled to announce that David Thronson and Veronica Thronson have accepted faculty appointments at Michigan State University College of Law, where they will start a new Immigration Clinic, to begin Fall 2010.  David, who is currently associate dean for clinical studies at UNLV and guest blogista at cwmetd, has accepted a position as professor of law at Michigan State.  Veronica, who is currently the directing attorney of the Domestic Violence Project of the Legal Aid Center of Southern Nevada, has accepted a position as assistant clinical professor at MSU.  Their move to Michigan State early next summer will mark another great advance for the clinical programs at Michigan State, where the Thronsons' immigration clinic will join our established child welfare, housing, small business & nonprofit, and tax clinics.  I am very proud of the great work being done by my clinical colleagues, and adding David and Veronica Thronson will make us even stronger.  We are also currently accepting applications for candidates to direct our housing clinic, the announcement for which is posted in the jobs section of cwnetd. 

 

Splitting Couple Awarded Joint Possession of Pet Pug

Mary Pat Gallagher, New Jersey Law Journal

A New Jersey judge held Monday that a former couple must share possession of a six-year-old, pedigreed pug they bought for $1,500 when they were engaged and living together.

The ruling, which allows Doreen Houseman and Eric Dare to spend alternating, five-week stretches with the dog, is the aftermath of a groundbreaking appellate decision last March that pets have a subjective value that transcends their monetary costs.

In Houseman v. Dare, FM, 08-667-07, Gloucester County Superior Court Judge John Tomasello had denied Houseman's request for possession on the ground that pets, like furniture or cars, lack the unique value -- such as for heirlooms or works of art -- that is essential to specific performance.

That was wrong as a matter of law, the appeals court found, remanding the case for a look at whether Houseman had an oral agreement with Dare letting her keep the pug, called Dexter, and at the equities implicated by her request for possession.

During a July 29 hearing, Tomasello found neither party had an exclusive right to Dexter but he did not decide at that point whether to disturb Dare's sole possession. Instead, he asked for briefs and set a Sept. 21 hearing date.

At Monday's hearing, Tomasello ruled from the bench and did not issue a written opinion.

Houseman's counsel, Oradell solo Gina Calogero, says that in giving both parties equal time with Dexter, Tomasello emphasized he was awarding joint possession, not custody. "He was adamant about that," she says.

She is pleased with the five-week rotations because they will have the effect of alternating the holidays from year to year. Tomasello ordered the rotations to begin Friday, with Dare dropping off Dexter with Houseman, who has not seen him since 2007, says Calogero.

Tomasello also held that whichever party has the dog at a given time will be responsible for all expenses, including veterinarian bills and, in the event of death, the cost of cremation, she adds.

For the rest of this moving story, check out:  http://www.law.com/jsp/article.jsp?id=1202434029986&rss=newswire

SSRN: Ethics and Legal Blogs

"The Ethical Obligations of Lawyers, Law Students and Law Professors Telling Stories on Web Logs" 

The Law Teacher: The International Journal of Legal Education, Vol. 41, p. 287, 2007
Widener Law School Legal Studies Research Paper No. 09-22

ANNA P. HEMINGWAY, Widener University School of Law
Email: aphemingway@widener.edu

This article examines how blogging has developed and considers the ethics of blogging and its impact on the legal profession. It examines blog entries from lawyers, law professors and law students and suggests that the rules of the Bar may be colliding with the manner of online storytelling occurring by legal professionals. The article takes an in-depth look at how blogging has impacted legal education and the relationship between faculty and students. It proposes ways in which incorporating blogging assignments into law school courses can assist students in developing ethical story-telling on web logs.

Latinos and the Law – New Book and Symposium publication of reactions

from Poverty Law by Ezra Rosser

The Harvard Latino Law Review published a symposium on a new textbook: Richard Delgado, Juan F. Perea & Jean Stefanic, Latinos and the Law: Cases and Materials (2008).  The symposium issue can be found here and includes:

• Michael A. Olivas, The Art and Science of Casebooks: Latinos and the Law: Cases and Materials, 12 Harv. Latino L. Rev. 1 (2009)
• Rodolfo F. Acuña, On Pedagogy, 12 Harv. Latino L. Rev. 7 (2009)
• Gerald P. López, Changing Systems, Changing Ourselves, 12 Harv. Latino L. Rev. 15 (2009)
• Cristina M. Rodríguez, Latinos: Discrete and Insular No More, 12 Harv. Latino L. Rev. 41 (2009)
• Leticia M. Saucedo, National Origin, Immigrants, and the Workplace: The Employment Cases in Latinos and the Law and the Advocates’ Perspective, 12 Harv. Latino L. Rev. 53 (2009)
• Keith Aoki & Kevin R. Johnson, Latinos and the Law: Cases and Materials: The Need for Focus in Critical Analysis, 12 Harv. Latino L. Rev. 73 (2009)
• Richard Delgado, Jean Stefancic & Juan F. Perea, Creating and Documenting a New Field of Legal Study, 12 Harv. Latino L. Rev. 103 (2009)

Readers of this blog might be particularly interested in Aoki & Johnson’s response.

Cut Back in Part Time Programs

This was predictable: Law Schools Start Cutting Back on Part-Time Programs Now that US News Factors Them In

from Brian Leiter's Law School Reports by Brian Leiter

In the first instance,that's what George Washington is doing, whose U.S. News travails we noted last Spring.  True to form, the WSJ journalist fails to note that part of the problem is that journalists report the U.S. News ranking as though it constitutes news.  If the journalists ignored U.S. News, or treated it as the misleading farce it has sadly become, then the law schools would find it much easier to pay it no mind either.

More on Apprenticeships

Yet another employer predicts major changes in how new grads are trained and hired

click here for the whole post

from Legal Writing Prof Blog by legalwritingprofessors

As if there's any doubt that the legal marketplace is undergoing fundamental change, yet another BigLaw hiring partner is endorsing an "apprenticeship" model that requires new grads to get some practical experience before they are ready for prime-time. As the...

As if there's any doubt that the legal marketplace is undergoing fundamental change, yet another BigLaw hiring partner is endorsing an "apprenticeship" model that requires new grads to get some practical experience before they are ready for prime-time. As the...

A Thread for Aspiring Prawfs and Current Prawfs

From Dan Markel on PrawfsBlawg:  I've received a few requests by aspiring prawfs asking for a thread that's not related to the AALS meat market and the timing of callbacks, etc. This can be a thread in which candidates could ask questions about the conference, interviews, clothing protocol, questions to ask/not to ask, etc. and professors or previous attendees of the market could respond with feedback. In general, it'll just be a place where candidates could go to get their random questions answered.

To check out the rest of the post, and follow the thread, go to:  http://prawfsblawg.blogs.com/prawfsblawg/2009/09/a-thread-for-aspiring-prawfs-and-current-prawfs.html

SALT statement to the ABA Outcomes Committee

The Society of American Law Teachers submits these comments in response to the proposal of the Student Learning Outcomes Subcommittee of the Standards Review Committee, which will be considered by the SRC at its October 9, 2009 meeting. We would appreciate having the letter sent to SRC members.

 SALT has long supported a shift in accreditation standards that would result in law schools consciously focusing on their students' acquisition of the knowledge, skills and values needed for the practice of law. We have carefully reviewed the Subcommittee's detailed proposal and commend the Subcommittee for its thoughtful and measured approach. We support the four guiding principles that animated the Subcommittee's work and believe that its proposal reflects those important principles.

SALT particularly applauds the extent to which the proposal incorporates essential values, including 302(a)(3)'s reference to a lawyer's ethical responsibility as a public citizen responsible for the quality and availability of justice and 305's reference to law as a public profession calling for performance of pro bono legal services and public service activities.

We comment here on four issues, three of them identified by the Subcommittee as particularly problematic: the extent to which the new Standards should mandate a comprehensive list of skills; whether the Standards should require a clinical learning experience; and the role that bar passage should continue to play in accreditation. We also suggest revising the Standard that articulates how to determine if a school has complied with the new Standards. We hope that the SRC will find the following comments and suggestions helpful.

 

Audio Clips in Law Reviews

Multimedia Comes to the Law Reviews.

from The Faculty Lounge by Eric Muller

This is a nifty idea:  a law review essay on the impact of oral advocacy in the U.S. Supreme Court that's published online so that the reader can click through and listen to audio clips of  Supreme Court arguments.

The essay is Stephen A. Higginson, Constitutional Advocacy Explains Constitutional Outcomes, 60 Fla. L. Rev. 857 (2008).

I like this idea.  (Not so crazy about the web design, but that's a different matter.)

 

This is a nifty idea:  a law review essay on the impact of oral advocacy in the U.S. Supreme Court that's published online so that the reader can click through and listen to audio clips of  Supreme Court arguments.

The essay is Stephen A. Higginson, Constitutional Advocacy Explains Constitutional Outcomes, 60 Fla. L. Rev. 857 (2008).

I like this idea.  (Not so crazy about the web design, but that's a different matter.)

 

JOBS: UNIVERSITY OF AKRON SCHOOL OF LAW

 

THE UNIVERSITY OF AKRON SCHOOL OF LAW expects to have an opening for a clinical teaching position available beginning in the 2010-11 academic year.  Among other responsibilities, the person hired will be responsible for the Law School's innovative New Business Legal Clinic (NBLC). The NBLC is a transactional clinic designed to aid nascent businesses, with a focus on minority and female owned businesses. In addition, each of our clinicians has multiple roles potentially requiring, inter alia, experience in civil and criminal litigation, civil rights litigation and appellate work. Applicants should indicate all areas of legal experience and expertise when applying.  Both beginning and experienced clinicians/teachers will be considered.  Women, members of minority groups and others whose backgrounds will contribute to the diversity of the faculty are especially encouraged to apply.  The committee will begin reviewing resumes in late August or September.  Submit letters of interest and resumes to:  Professor Brant T. Lee, Chair, Faculty Appointments Committee, The University of Akron School of Law, Akron, OH 44325-2901. Materials may be submitted by email to Mrs. Angela Smith at asm17@uakron.edu<mailto:asm17@uakron.edu>.

VISUAL LEGAL ADVOCACY ROUNDTABLE

PENN LAW’S THIRD VISUAL LEGAL ADVOCACY ROUNDTABLE

 

What’s Next?

 

Friday, October 23, 2009

9:30 a.m. – 4:15 p.m.

Penn Law School – Gittis 2

34th & Chestnut Streets • Philadelphia, PA

 

Panels Will INCLUDE:

Cameras, Cameras, Everywhere: Making Sense of Surveillance and Vérité Footage From the Streets

“Witness to Hunger”: The Anatomy of a Successful Social Justice Media Campaign

Social Justice and Public Access Television in Philadelphia: Lessons from Elsewhere

 

SPEAKERS INCLUDE:

Mariana Chilton, Ph.D., M.P.H., Associate Professor, Drexel University School of Public Health

Ron Kanter, Director, “New Cops”

Eileen Clancy, Co-founder, I-Witness Video

John MacDonald, Ph.D., Jerry Lee Assistant Professor of Criminology, UPenn

Gretjen Clausing, Executive Director, Philadelphia Community Access Media (PhillyCAM)

Betty Yu, Community Outreach & Media Specialist, Manhattan Neighborhood Network (MNN)

Richard Turner, Executive Director, Montgomery Community Television, Rockville, MD

 

Anyone wishing to attend should register in advance: https://www.law.upenn.edu/cf/its/surveyrequest/active/form519234393.cfm.

 

For more information on registration contact Anna Gavin, Events Coordinator of the Law School at agavin@law.upenn.edu. The

Roundtable will provide 5 hours of CLE credit, including ½ hour of ethics credit for the morning program and ½ hour of ethic credit for

the first afternoon program. The cost for the day is $50 or $25 for public interest lawyers.  If paying by check please make it out to The Trustees of the University of Pennsylvania.

 

For more information contact Professor Regina Austin, Penn Law School, 3400 Chestnut Street, Philadelphia, PA,

215-898-5185 or raustin@law.upenn.edu

A new blog to help the Tech-challenged teacher

From the adjunct law prof blog (please support them if you can):

 

http://lawprofessors.typepad.com/adjunctprofs/2009/10/new-blog-devoted-to-using-tech-in-the-classroom-you-can-do-it-we-can-help.html

Students Filed Complaints Against Professor Fitzgibbon Long Before His Anti-Gay Marriage Commercial

from Above the Law by Elie Mystal

When we first reported on Boston College Law professor Scott Fitzgibbon's anti-gay marriage advertisement in Maine, we noted that the classes he taught were not germane to his views on gay marriage:

According to his bio, Professor Fitzgibbon teaches jurisprudence, corporations, securities regulation, and contracts. Are gay and lesbian BC Law students comfortable learning about these subjects from an anti-gay marriage professor?

But the Boston College Law School website Eagleonline has done some fantastic investigative journalism and revealed that Fitzgibbon teaches what he preaches:

In the Spring of 2008, a group of Boston College Law School students enrolled in Professor Scott T. Fitzgibbon's "Marriage: Law and Theory" seminar formally approached Dean of Students Norah Wylie to express concern over Fitzgibbon's allegedly improper conduct in class.

Can the law school claim that it is "welcoming" to gays and lesbians when it had an anti-gay marriage professor teaching its marriage and the law class?

Let's look at the students' complaints after the jump.

read the rest here

International Pro Bono Legal Specialist Positions

ABA ROLI is currently seeking experienced judges, attorneys, and law professors with a minimum of five years of relevant experience, a high level of energy and initiative, strong interpersonal skills, and expertise in the substantive areas required by the relevant position. International experience and foreign language skills are preferred, but not required.

All participants receive a generous support package. Click here to learn more about the program.

1. Access to justice and human rights
• Jordan - Anti-Trafficking Specialist, 6-9 months
• Kyrgyzstan - Access to Justice Specialist NEW
• Lebanon - Legal Aid Center Specialist, 1-3 months
2. Anti-corruption and public integrity
• Morocco – Anti-Corruption Specialist, 3-6 months NEW
3. Criminal law reform and anti- human trafficking
• Europe and Eurasia - Criminal Law Specialist, 12+ months
• Tajikistan - Criminal Law Specialist, 6-12 months
• Moldova - Criminal Law Specialist, 12 months
4. Women's rights
• DRC - Gender Based Violence Specialist, 2 weeks
5. Judicial reform
• Philippines - Judicial Reform/Anti-Corruption Specialist
6. Legal education reform and civic education
• Egypt - Continuing Legal Education Specialist
• Jordan - Legal Education Specialist, 6-12 months
• Kosovo - Legal Education Reform Specialist, 6-12 months
7. Legal profession reform
• Armenia - Legal Profession Specialist, 12 months
8. Other
• Burundi - Juvenile Justice Specialist, 3 months
• Latin America/Caribbean - General Legal Specialists

and CLEA's comments to the ABA, plus CLEA news

First and foremost, CLEA submitted comments on the current proposal being considered by the ABA Standards Review Committee.  Claudia Angelos and I will be attending the forthcoming Committee meeting in Chicago.  You can read CLEA’s comments here: http://www.abanet.org/legaled/committees/Standards%20Review%20documents/Comments%20of%20CLEA%20on%20September%202009%20Outcome%20Measures%20Subcommittee%20Document%20-%20October%202,%202009.pdf   Special thanks for the long hours put in by the primary drafting committee of Ian Weinstein, Alex Scherr and Claudia Angelos, and vital input from the Outcomes Measures Committee and more than half of the former CLEA Presidents.  We are also working on other standards issues, including security of position matters.  If you would like to get involved in future work on CLEA’s very important standards advocacy process, please get in touch! 

 

Second, CLEA is looking for volunteers to work on the contest for the updated CLEA Logo (for those of you who love the old logo, there will be a vote with an option to retain the old logo…or replace/amend it) as well as the CLEA Creative Writing (etc.) Contest.  Please email me if you are interested!

 

Finally, there will be a CLEA membership meeting at the AALS Annual Meeting in New Orleans on Saturday morning at 7:30, location TBA.  Please mark your calendars and stay tuned

Call for Proposals: EXPERIENTIAL RENAISSANCE ROUNDTABLE

CHALLENGES IN CONSTRUCTING AND RECONSTRUCTING EXPERIENTIAL EDUCATION PROGRAMS

The University of Minnesota will host a curriculum and development roundtable on “Challenges in Constructing and Reconstructing Experiential Education Programs” on April 9-10, 2010.  The roundtable will include presentation of draft working documents by twelve selected clinical and experiential program faculty, with comments and discussion facilitated by an additional group of participating faculty.  The goals of the roundtable are: to create an opportunity for peer collaboration in developing strategies for meeting the challenges of new and evolving experiential programs in the wake of the Carnegie Report, Best Practices, and the MacCrate Report; to encourage thoughtful development of policy, theory, assessment tools, and educational materials for meeting these challenges; and to provide a forum for the publication and dissemination of papers defining issues, outlining strategies, and addressing needs in the changing experiential education environment.

Download EXPERIENTIAL RENAISSANCE ROUNDTABLE call for proposal

University That Objected to Epileptic Student's Service Dog Is Bitten by Bias Lawsuit

October 2, 2009

from the Chronicle

By Libby Nelson

Millikin University faces a federal discrimination lawsuit accusing the college in Decatur, Ill., of forcing a legally blind student with epilepsy to move out of her dormitory in 2006 after she obtained a service dog.

The lawsuit, announced on Thursday, was filed by the U.S. Department of Housing and Urban Development on behalf of Catherine Nielsen, a student at Millikin during the 2005-6 academic year. She had been living in the university's largest dorm, which was fully accessible to people with handicaps, when she was approved for a service dog. Such dogs are specially trained to detect early signs of epileptic seizures and alert their owners, as well as protect them from injury if a seizure occurs.

According to the lawsuit, Ms. Nielsen had previously asked the university's director of residential life about the dog and had been told that getting such an animal would not be a problem.

When the dog was delivered, however, university officials asked Ms. Nielsen to move to another dormitory because the college was concerned about other students' allergies, according to legal documents in the case, and she was told she could not enter her former residence at all if the dog were with her. (The suit alleges that no students in the dormitory had allergies and that it had sophisticated air filters that could have prevented any problems.) After living at her mother's house with the dog, she moved to another dormitory, which was less accessible than the original one.

The suit alleges that Ms. Nielsen suffered "inconvenience, discomfort, stress, and increased incidents of epileptic episodes" after the move. It is unclear if she graduated from the university.

In a written statement, a Millikin spokeswoman, Amy Hodges, said the university had acted appropriately. Ms. Nielsen's original dormitory had been designed for students with respiratory problems, she said.

"The university has gone out of its way to make reasonable accommodations for the needs of both the students and their service animals in the past, and will continue to do so in the future," she said.

If Millikin loses the suit, it could be forced to pay damages, including Ms. Nielsen's medical expenses and compensation for "emotional and physical distress," and a $16,000 penalty, according to the case documents.

JOBS: Michigan State Rental Housing CLinic

Michigan State University College of Law, Director of Rental Housing Clinic

Michigan State University College of Law invites applications for the Director of its Rental Housing Clinic, a fixed-term faculty position, beginning in the 2010-2011 academic year. The Director will have primary responsibility for teaching and supervising second and third-year law students enrolled in the Rental Housing Clinic, one of several clinical law programs at MSU College of Law. The Director will have general oversight of the day-to-day operations of the Clinic, including maintaining client caseloads, conducting case rounds and reviews with student clinicians, appearing with students in court and at administrative hearings, creating and participating in community outreach programs, developing and refining the program's curriculum, teaching in the clinic's classroom component, and supervising other clinical staff. In addition, the Director will have responsibility for transforming the Clinic beyond its current primary "rental housing" features into a "housing clinic" capable of taking on client representation in expanded areas incorporating a broad range of housing-type issues. The Director also will have responsibility for a variety of administrative functions correlative to the directorship position, including but not limited to creation and monitoring of the Clinic's budget, grant-writing, and grant reporting. Students in this Clinic as it is presently configured represent low-income tenants and landlords in matters ranging from eviction, nonpayment of rent, return of security deposit, and consultation relative to lease terms. Much of the practice centers on litigation in Michigan district courts in a three-county area proximate to East Lansing.

The Law College prefers applicants who have a background in housing law, and who have significant trial practice experience and proven managerial/supervisory skills. Applicants must have a J.D. degree from an ABA-accredited law school, be a member in good standing of the State Bar of Michigan (or must become licensed in Michigan by the time of appointment), and have at least 5 years' experience in a legal services attorney  position or equivalent experience. Candidates are expected to have a strong commitment to clinical legal education and teaching, experience in advocacy work on policy issues related to housing, a commitment to scholarship, and experience with budget development and management. The Law College also values excellent leadership, interpersonal, organizational, analytical, and communication skills. We expect to complete the interview process and extend an offer for this position by the end of Fall Semester 2009. Qualified candidates should submit a cover letter, resume, references, and writing sample to:

            Professor Brian Kalt

    Chairperson, Appointments Committee

            415 Law College Building

              Michigan State University College of Law

East Lansing, MI 48824-1300

 

 

 

JOBS: SMU Criminal Clinic

The SMU DEDMAN SCHOOL OF LAW is seeking applications from qualified persons for a tenure-track criminal clinical faculty position to begin Fall of 2010.  J.D. degree required.  We will consider both experienced and beginning clinicians with excellent legal credentials and scholarly distinction or promise.  The Faculty Appointments Committee will accept applications until the positions are filled.

 

Applications should be directed to Professor Xuan-Thao Nguyen, Chair, Faculty Appointments Committee, SMU Dedman School of Law, P.O. Box 750116, Dallas, TX 75275-0116, or emailed to xnguyen@smu.edu.