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

Upper-level Course Information - Clinics                                  Updated: 10/18/04


CIVIL JUSTICE CLINIC (JHA/KG)

W74  797E  LAW  01  TuTh 3:00p-4:30p

Aiken
Goldwasser

Enrollment limit: 16  [Note November 1, 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 Monday, November 1, 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 November 1, 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, Nov. 1, 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 with permission of instructor.
 

CONGRESSIONAL/ADMINISTRATIVE LAW CLINIC

W74  786B  LAW 01  (Read description for days/times info.) Kaplan

Enrollment limited.  Open to students in the last semester of their third year.  Must be taken in conjunction with ETHICS OF LAWYERING IN GOVERNMENT, which meets in D.C. (and fulfills the ethics requirement).  Each student admitted to this Clinic is assigned to either a Congressional Office or Administrative Agency. Admission to the Clinic is by application only and occurs one year in advance.  (The application deadline for participation in this clinic in Spring 2005 may have already passed; see Andrea Powell, Room 467, to find out if applications are still being accepted.)  Student and instructor collaborate during the fall in making office selection/assignment.  Work begins when Spring semester starts and ends the last day of classes. Students keep the hours of their office (usually 9 AM to 6 or 7 PM, sometimes later, sometimes weekends).  Students meet individually with the instructor and as a group on a regular basis in Washington D.C. Students interested in Congress will be placed in a Congressional Office where he/she will do professional staff work, primarily research and writing on legislation. The externship also will provide students with the opportunity to observe Congressional hearings, mark-ups and floor debate. A course in legislation is recommended.  Those interested in administrative agency will be placed in a federal administrative agency in Washington D.C. in a subject area that matches the student's interest. The student will do hands-on professional staff work of the type commonly done in the agency office. The externship also will provide students the opportunity to observe administrators making decisions about such agency activities as rule making, advising the public and case handling. The Administrative Law course is highly recommended for this placement. Students are also encouraged to take, as preparation, courses in the subject area of the agency in which they will be placed. Of the 11 credits, 3 are graded numerically and 8 are graded pass/fail.  Questions about this clinic can be directed to Andrea Powell, Prof. Kaplan's assistant (powell@wulaw.wustl.edu  Room 467, 935-6422) . 11 units.

 

CRIMINAL JUSTICE CLINIC (PAJ)

W74  790A  LAW  01   T  3:30p-5:30p Joy
Enrollment limit: 8.  [Note Nov. 1,  drop deadline!] 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, Nov. 1, 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.  4-6 units.
 

GOVERNMENT LAWYERING CLINIC (KG)

W74  692D  LAW  01  TBA* Goldwasser

Enrollment limit: 8           [Note September 15, 2004, drop deadline!]
Third year students receive preference (if the clinic is not full, second year students may be offered openings with faculty permission)  Students in this course will work in the United States Attorney's Office in St. Louis or the United States Attorney's Office for the Southern District of Illinois (located on the near east side).  Subject to availability of attorney mentors, students may elect to work either in the Criminal Division or the Civil Division of the office.  Students in this clinic are required to spend at least 21 hours per week working at the United States Attorney's Office or on matters relevant to their cases. Students working in the St. Louis office must take this course for 6 credit hours: students working in the Illinois office may have an option to take the course for 4 or 5 credit hours.  For students in the Criminal Division, the course provides an intense experience in all facets of criminal investigation and prosecution, including fact investigation, drafting charges, discovery, motion practice, and trial and appellate work.  Students in the Civil Division will work on behalf of the federal government in a variety of civil matters, and will draft pleadings and discovery requests, review and organize documents, and write legal and factual memoranda.  On some cases, students may be able to interview witnesses, take depositions, and argue motions in court. There will be weekly seminar meetings to discuss a range of topics relevant to the practice of law as an attorney for the federal government.  The seminar topics will primarily, but not exclusively, focus on issues facing the federal criminal prosecutor.  There is no textbook, but there will be reading assignments for the seminars. The 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 exam.  Students who have taken the following courses may receive preference: CJA I, CJAII,  Pretrial, Evidence, Trial, Corporate & White Collar Crime, and a course from the ethics curriculum. Certification under Rule 13 of the Missouri Supreme Court Rules is recommended but not required.  Students enrolled in the U.S. Attorney Clinic will be required to submit FBI clearance paperwork well in advance of the beginning of the semester (students will be given an exact deadline by the U.S. Attorney's Office).  Because of this special paperwork, if you are enrolled in this course after Wednesday, September 15, 2004, you will not be permitted to drop the course.  After this date, it would be very unlikely that another student would be able to complete the extensive paperwork with enough time to gain FBI clearance before the beginning of the semester (i.e., a slot in the clinic would go unfilled). Thus, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade (F70).  
6 units [4 or 5 units may be possible in the Illinois office, with professor's permission].

*NOTE: Prof. Goldwasser will arrange a time for meetings with students; weekly meeting time may vary.

 

IP INTELLECTUAL PROPERTY & BUSINESS FORMATION CLINIC

W74  711C  LAW 01  MTh  1:00p-2:30p Deal / 
McManis

Enrollment Limit: 8  [Note November 1, 2004, drop deadline!]  

The IP/BF Legal Clinic will provide law students with opportunities to work with qualified IP counsel in providing early stage legal advice to innovators both within the University and in the wider community, to collaborate in interdisciplinary experiential learning activities with students from the Olin School of Business, the Department of Biomedical Engineering, the George Warren School of Social Work, and the College of Arts & Sciences,  and to provide IP and business formation legal services to clients who might otherwise not have access to competent legal counsel.  The Clinic’s activities will be devoted to four program areas, each of which will involve teams of two students, who will:  
1) Participate in interdisciplinary innovation and entrepreneurship courses, such as the Senior Design Course in the Department of Biomedical Engineering and the Olin School’s Hatchery course;  
2) Work with St. Louis area IP attorneys to provide early stage legal advice to other innovators and entrepreneurs at the University and in the wider community, with a particular focus on business incubators in the St. Louis area; 
3) Work with non-profit organizations such as:   St. Louis Volunteer Lawyers & Accountants for the Arts, Urban Strategies, a non-profit community development organization that is collaborating with the law school’s Children & Youth Project to develop computer literacy and innovation skills in low income neighborhoods, and Missouri Small Business Development Centers in the St. Louis area, Public Interest Intellectual Property Advisors, a nationwide intellectual property referral service established to help developing country clients find U.S. IP professionals to represent them in IP matters as a public service; and, 
4)Work with two area research organizations – the Missouri Botanical Garden and the Donald Danforth Plant Sciences Center – on projects involving genetic resources, biotechnology, and the protection of traditional medicinal and agricultural knowledge.
The Clinic office is located in the law school in Room 320B (the Center & Institute suite).  The course will be graded on a modified pass/fail basis: HP94, P, LP78, F70.  There is no final exam. The text for the course will be photocopied materials available for purchase. The weekly seminar meetings are mandatory. 
Pre/co-requisites:
One or more introductory IP course and a course from the ethics curriculum (or permission of the instructor). To enroll in this Clinic, students 1) must have completed one of the introductory IP courses (Patent Law, Copyrights & Related Rights, or Trademarks & Unfair Competition) and a course from the ethics curriculum; and 2) must either have completed or be enrolled in one of the IP practical skills courses, one of the IP seminars, or the special readings course, "Biodiversity, Biotechnology, and the Protection of Traditional Knowledge."  Priority and Wait Lists: Please note that there will be three waitlists corresponding with the program areas. Because the first two of the Clinic’s listed program areas will require a patent law background, while the last two will not, but the final program area will require that a student to have taken or be enrolled in the International IP Law Seminar or the special readings course, "Biodiversity, Biotechnology, and the Protection of Traditional Knowledge," students seeking to enroll in this Clinic will placed on one or more of the following three priority/wait lists: 1) Students with an undergraduate educational background in the physical sciences or engineering, who have taken Patent Law and either have taken or are enrolled in one of the IP practical skills courses or IP seminars; 2) Students who have taken an introductory IP course and either have taken or are enrolled in one of the IP practical skills courses or IP seminars; and 3) Students who have taken one of the introductory IP courses and  either have taken or are enrolled in the International IP Law Seminar or the special readings course, "Biodiversity, Biotechnology, and the Protection of Traditional Knowledge."   If students are qualified for more than one priority/wait list, they may specify which wait list they wish their name to appear or may specify that they wish their name to be place on any list for which they are qualified, in the latter case, however, they will not be given priority over a student whose name appears on only on that list. TO APPLY FOR A SPOT IN THIS CLINIC, YOU MUST SUBMIT: 1) A STATEMENT OF INTEREST, AND 2) A RESUME (WHICH INCLUDES A LIST OF PERTINENT COURSES TAKEN OR TO BE TAKEN IN SPRING 2005).  ALSO PLEASE INDICATE WHETHER YOU’VE TAKEN A CLINIC OR NOT. THESE ITEMS CAN BE EITHER EMAILED TO COLLEEN ERKER AT erker@wustl.edu - or DROPPED OFF TO THE BOX ON THE COUNTER IN THE STUDENT SERVICES SUITE, ROOM 303 - NO LATER THAN THURS, OCT. 21, AT 12:00 noon.  Please indicate which of the programs within the clinic interest you most (or rank order them if you are interested in all).  As mentioned above, either within your resume or on a separate list, you must include a list of all pertinent course work you’ve completed in the past and any pertinent courses you plan to take this spring, and also please indicate whether you’ve previously taken a clinic or not (or if you are scheduled to take one in Spring 2005; it is not permitted for students to take more than one clinic in the same semester).  Note that it is an honor code violation to misrepresent any of this information.  Students will be offered spots in this clinic as early as possible during the week of Oct. 25.  The drop deadline for this clinic is Mon, Nov. 1.  Students who miss the above deadline may communicate their interest in the clinic by emailing Colleen Erker; however, the likelihood that there will be openings after the deadline is small.
6 units; 4-5 with permission of instructor.

INTERDISCIPLINARY ENVIRONMENTAL CLINIC (ML)

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

Enrollment Limit: 8         [Note November 1, 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 fededral, 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, November 1,  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 or 5 units may be possible with the professor's permission].

 
JUDICIAL CLERKSHIP (CWB)
W74  654  LAW  01  M 5:30p-7:30p * Bobinette
[*15 min. individual bi-weekly appointments]
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 SPRING 2005 JUDICIAL CLERKSHIP MUST ATTEND THE ORIENTATION MEETING WITH PROFESSOR BOBINETTE in November, time TBA.  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 12/14/2004