WASHINGTON UNIVERSITY SCHOOL OF LAW
Course Directory 2004-2005
Fall 2004 

Upper-level Course Information - Clinics


APPELLATE CLINIC                     

W74 800A  LAW 01  M  3:00p-5:00p   La Pierre
Enrollment limit: 8.  [Note May 3, 2004, drop deadline!]

Students in this clinic will represent a party in a case(s) to be heard on appeal in the United States Court of Appeals for the Eighth Circuit.  The clerk of the Court will assign a case to the clinic at the beginning of the semester, and students will handle all aspects (motions, filings, briefs) of the appeal. They will brief the case in the Fall, and the instructor may select one of the students to argue the case in the Spring. Each member of the clinic should be prepared to do extensive research and will have an opportunity to write and revise substantial portions of the brief. In addition to the regularly scheduled class meetings, other meetings will be scheduled as necessary to complete the appeal. If a suitable case is not available in the Court of Appeals, students may represent an amicus in a Supreme Court case. The course is graded on a modified pass/fail basis: HP94, P, LP78, F70.  WITHDRAWAL POLICY:  In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Clinic openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, May 3,  2004, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade.   3 units.

                                                     

CIVIL JUSTICE CLINIC (SJG)

W74  797E  LAW 01  TuTh  3:00p-4:30p  

Gunn

Enrollment limit: 8 [Note May 3, 2004, drop deadline.] 

CJC Overview:  A distinctive feature of the Civil Justice Clinic is that students take responsibility for all aspects of their client’s case.    Students certified to practice under Rule 13 (MO) and Rule 711 (IL) appear in court under the supervision of a licensed attorney and act as primary counsel in these cases.  They speak on behalf of clients and conduct hearings.  The goal of the Civil Justice Clinic is to provide students opportunities to actually engage in client representation, learn effective lawyering skills, grapple with ethical issues as they arise in the practice and develop the fundamental ability to learn from experience.  CJC Clients:  The Civil Justice Clinic represents low-income persons in a wide variety of civil matters, from individual representation to class action suits.  The Clinic’s docket includes representation of women survivors of domestic violence in order of protection proceedings, defending homeowners against predatory mortgage lending, and impact litigation on behalf of the homeless. The Clinic also handles clemency and parole hearings for battered women in prison. The Clinic engages in policy work focusing on human rights issues in Nepal with our NGO partner The Forum for Women, Law and Development. CJC Requirements:  Clinic students are responsible for a broad array of legal work including client and witness interviewing, hearing and trial preparation, legal research, drafting pleadings and memoranda of law, and discovery. Students prepare proposed orders, plan direct examination and cross examination, and negotiate settlements or conduct trials in federal, Missouri and Illinois courts.  Students work under faculty supervision and assume direct responsibility for the cases. It is important to have Wednesday or Thursday morning free as court appearances generally occur at these times.  Students must spend a minimum of 21 hours per week on clinic related work.  Additional Notes:  The clinic office is located in the Law School.  The course will be graded on a modified pass/fail basis: HP94, P, LP78, or F70.  There is no final exam. The text for the course are collected readings available for purchase. There are mandatory weekly seminar meetings, which meet Tuesdays and Thursdays from 3:00 - 4:30. Students take primary responsibility for cases to which they are assigned and must complete litigation assignments in a timely manner.  Pre/co requisites: Evidence and a course from the ethics curriculum (or permission of the instructor); Rule 13 certification strongly preferred.  J.D./M.S.W. candidates are encouraged to apply.  WITHDRAWAL POLICY:  In order to try to avoid the sort of last minute shuffling that, in the past, has resulted in interested students being notified of Clinic openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER Mon, May 3, 2004, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade.  6 units.

 

CIVIL RIGHTS & COMMUNITY JUSTICE CLINIC (KLT) 

W74  769E  LAW 01  TuTh 3:00p-4:30p

Tokarz

Enrollment limit: 8 [Note May 3, 2004 drop deadline!]  The goal of this clinical course is to provide students with opportunities to engage in both civil rights practice and community practice; to experience client advocacy and dispute resolution through mediation, litigation, legislation, and community education; to grapple with ethical issues that arise in practice; and to develop the fundamental ability to learn from experience.  The Civil Rights and Community Justice Clinic has two components: 1) students work at the Equal Employment Opportunity Commission, the ACLU, the Legal Services AIDS Project, and occasionally in selected plaintiff law firms on pro bono cases of alleged discrimination based on race, color, religion, national origin, sex, age, and disability in employment, education, and other areas.  Students engage in client interviewing and counseling, case analysis and planning, problem solving, fact investigation, document drafting, negotiation, pre-trial practice, and trial practice.  2) Students receive 16 hours of mediation training, participate in mediations, and participate in at least one civil rights community development/community leadership project under the supervision of Professor Tokarz.  Students are expected to spend a minimum of 21 hrs. per week for 6 credits (14 hrs. for 4 credits and 17.5 credits for 5 credits, respectively) handling cases and projects; this number includes individual meetings with Professor Tokarz, the course seminar, and observations.  The clinic seminar meets weekly and attendance is mandatory; thus, clinic students must keep their schedules open during these time slots.  This course is graded on a modified pass/fail basis: HP94, P, LP78, F70.  There is no final exam.  There is no textbook for this course, but there are weekly reading and some writing assignments.  Pre/corequisites:  A course from the ethics curriculum.  The following courses are highly recommended and may affect your priority for placement:  Employment Discrimination, Employment Law, Con Law II, Civil Rights, Evidence, ADR, Pretrial, and Trial.  Students certified under Rule 13 may be given preference.  WITHDRAWAL POLICY:  In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Clinic openings too late for them readily to change their schedules and enroll, the following new policy is in effect:  IF YOU ARE  ENROLLED IN THIS COURSE AFTER Monday, May. 3, 2004, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade.  6 units; 4-5 units with permission of instructor.

 

CRIMINAL JUSTICE CLINIC (PAJ)

W74  790A  LAW 01  Tu  3:30p-5:30p  
(at Public Defender Office)        

Joy 

Enrollment limit: 8. (Note drop deadline of Mon, May 3, 2004.) Third year students receive preference. (if the clinic is not full, second year students may be offered openings with faculty permission) Students who have completed Evidence, Pretrial, Trial, a course from the ethics curriculum, CJA I, or CJA II, may receive preference.  Because the clinic is likely to involve court appearances, preference will be given to students who are certified under Rule 13 of the Missouri Supreme Court Rules.  Students who are not certified under Rule 13 need the permission of Prof. Joy to enroll. This clinic provides real life lawyering experience with the criminal justice system at the state trial level. The student's primary experience will be to serve as a Rule 13 certified attorney with the St. Louis County office of the Missouri Public Defender, which is the second largest criminal defense office in the state.  The goal is for each student (1) to conduct at least one preliminary hearing in a felony case; (2) to conduct bond reduction negotiations and, when necessary, hearings for persons awaiting trial; (3) to second-chair at least one felony jury trial: and, if possible, (4) to take primary responsibility for at least one misdemeanor case serving as lead counsel at trial. In addition, students may take depositions, enter guilty pleas and participate in the sentencing phase, and participate in probation revocation hearings.  At the PD office, students are likely to be actively involved in interviewing clients, investigating crime scenes, interviewing witnesses, performing legal research and writing memoranda and briefs, arguing motions in court, and participating in trials. Students have work carrels equipped with computers, telephones and a networked printer to facilitate their work on behalf of clients. In addition to his office in the law school, Professor Joy maintains an office at the Public Defender site, works closely with students and supervising attorneys, and directly supervises students on some cases. Students must work at least 14 hrs per week on clinical matters for 4 credits and 21 hrs per week on clinical matters for 6 credits and can expect to spend most of this time away from the law school either at court or in the PD office adjacent to the courthouse.  It is important to have at least two mornings (8:45 a.m. until at least noon) free because most court appearances take place in the morning. Students also will meet as a class at the PD office from 3:30 - 5:30 PM on Tuesday. The overarching objective of this course will be to help students learn how to learn from their lawyering experiences. The lawyering skills students will use and develop include: problem solving, legal analysis and reasoning, legal research, factual investigation, client interviewing and counseling, communication skills, negotiation, litigation skills, organization and management of legal work, and recognizing and resolving ethical dilemmas.  This course also will focus on the professional values of providing competent legal representation, improving the legal profession, and examining the legal profession's role in promoting justice, fairness, and morality There is no textbook, but there will be some reading assignments. This course will be graded on a modified pass/fail basis: HP94, P, LP78, F70. Specific requirements for receiving credit will be set by the professor. There will be no final exam. WITHDRAWAL POLICY:  In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Clinic openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, MAY 3, 5:00 PM, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. 4- 6 units.

 

INTERDISCIPLINARY ENVIRONMENTAL CLINIC (MIL)

 W74  704B  LAW 01  F  1:00p-3:00p       

Lipeles

6 units.; 4-5 units with permission of instructor.

Enrollment limited to 8.  [Note May 3, 2004, drop deadline]  This clinical course teaches students how to work in interdisciplinary teams representing public interest, environmental or community organizations on interdisciplinary, environmental matters. The clinic offers experience in first-chair responsibility for complex litigation, advocacy in multi-party settings, legislation drafting, and strategic planning. Prior Interest or experience in environmental cases is not required.   Students might be assigned to handle matters involving the following activities: representing clients in federal, state, and local administrative or court litigation; drafting proposed legislation; commenting on proposed regulations, permits, environmental impact statements or environmental assessments, and similar documents; and evaluating matters for potential future action. The goal is that for each project, students will have primary responsibility for handling the matter, and the professor will play a secondary, supervisory role. Students will learn to work with technical experts (including environmental engineering, environmental science, and/or medical students on their team) to investigate facts, to develop and analyze legal strategies, and to communicate effectively among the team, with clients, and with adverse and other interested parties. Students must work at least an average of 21 hours per week on clinic matters, including attendance at and participation each week in: a two-hour seminar for all students in the course (Fridays 1-3 pm); at least one individual meeting with the professor; and one group meeting involving the student team assigned to each project and the professor(s). The course will be graded on a modified pass/fail basis: HP94, P, LP78, F70. The professor will set specific requirements for receiving credit. There will be no final exam. There will be reading and writing assignments in conjunction with client work and/or the seminar.  Pre/co-requisites: Environmental Law and Administrative Law. (Requests to waive one, but not both, of the pre/co-requisites may be requested by attaching a statement to the back of the Clinic Pre-Registration Form.)  Students who are certified (or who will be certified before the beginning of the semester) under Rule 13 of the Missouri Supreme Court Rules will receive preference in clinic enrollment.  WITHDRAWAL POLICY:  In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Clinic openings too late for them readily to change their schedules and enroll, the following policy is in effect:  IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, May 3, 2004, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade.

 

JUDICIAL CLERKSHIP (CWB)  
 W74  654  LAW 01  M 5:30p-7:30p
[15 min. individual bi-weekly appointments]  

Bobinette

Enrollment limit: 14  (There is a pre-registration process for clinics; be sure to submit your Clinic preferences by the deadline noted in the pre-registration materials.)  This externship course offers students a structured, hands-on exposure to civil and criminal litigation from the judicial perspective. Students work as part-time law clerks under the supervision of local, state or federal trial or appellate judges. Students observe hearings, trials and other court proceedings; perform extensive legal research; and draft a series of legal memoranda relevant to cases under submission by the courts. The course provides an opportunity for students to develop advanced legal research and writing skills.  To receive 3 credits, students in this externship will be required to work approximately 10.5 hrs/week and produce 3 major legal memoranda or 30 pages of polished research and writing. To receive 4 credits, students will be required to work approximately 14 hrs/week and produce 4 major legal memoranda or 40 pages of polished research and writing.  Students have regularly scheduled, individual meetings with the course instructor and are required to submit an outline, first draft, and final draft for each legal memorandum. There is no final exam. This course is graded on a pass/fail basis.  STUDENTS WHO ARE NOTIFIED THAT THEY ARE ENROLLED IN A FALL 2004 JUDICIAL CLERKSHIP MUST ATTEND THE ORIENTATION MEETING WITH PROFESSOR BOBINETTE - exact day/time TBA (however, it may take place on Mon, April 19, 4:30 p.m. - further information will follow by email for the students who are placed)..  Pre/co-requisites: A course from the ethics curriculum. Note: Some Courts demand that students have legal writing experience or have demonstrated their scholastic excellence. Students are not required to have Rule 13 certification. WITHDRAWAL POLICY:  In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Clinic openings too late for them readily to change their schedules and enroll, the following policy is in effect: ONCE A STUDENT HAS ACCEPTED HIS/ HER PLACEMENT, HE/SHE MAY NOT DROP THIS COURSE AND RISKS RECEIVING A FAILING GRADE.  3 - 4 units.


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updated 01/11/2005