Clinical Education at Columbia Law School
Introduction: From Law Student to Lawyer . . . . . . . . . . . . . . . . . . . . . . . . . 1 International Clinical Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Child Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Community Enterprise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Environmental Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Human Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Lawyering in the Digital Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Prisoners and Families Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Sexuality and Gender Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Clinical Faculty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Introduction: From Law Student to Lawyer CLINICAL EDUCATION
Ethics and Professional Responsibility Clinical education places students in professional situations where they are required to put abstract Clinical legal education is the study
of becoming thoughtful, responsible
classroom theory into practice.
of law and lawyering in context. Every
and reflective lawyers. Students—work-
Students learn what it means to
semester, students in Columbia Law
ing under the close supervision of their
provide compassionate and zeal-
School’s clinical programs serve on the
clinical professors—are encouraged to
ous advocacy while upholding the
front lines of social justice in many areas
pursue their own learning goals while
profession’s highest ethical stan-
of the law. From climate change to
taking on the weighty responsibility of
dards. Typical ethical questions
human rights, small businesses to
providing effective representation to a
faced by students include: When
families in crisis, complex litigation to
wide range of clients in important and
representing organizations, how
mediation, clinic students have the
often sensitive matters.
should a lawyer reconcile differences between the needs of the
opportunity to work with real clients on some of the most pressing problems
Clinic students gain critical skills in
individuals who make up an organ-
of our time. Students become coun-
communication, information gathering,
ization and the organization as a
selors, mediators, litigators, legislators,
persuasion and legal and factual analysis
whole? When is it appropriate for a
advocates, system change agents and
that prepare them to address the multi-
lawyer to substitute his/her judg-
educators as they learn to apply the legal
faceted needs of their clients. Students
ment for that of a young client?
knowledge they have gained in law
also are encouraged to recognize and
When, if ever, is it right for a medi-
school to their clients’ diverse concerns.
resolve the ethical challenges raised by
ator to provide a legal evaluation
their cases as they strive to solve their
during the course of a mediation?
The goal of the Columbia Law School
clients’ pressing dilemmas. These expec-
In helping a parent to regain cus-
clinical program is to provide outstand-
tations and responsibilities make the
tody of a child, should it matter that
ing service to its clients while allowing
clinic experience one of the most use-
the client has been incarcerated for
students to begin the lifelong process
ful and exciting features of a student’s
a serious crime?
1
Environmental Law Clinic students represented local community groups in a successful challenge to a proposed power plant on the East River waterfront in Brooklyn.
law school years. As one former clinic
goals—public interest, private practice
legal institutions and practices can be
student has commented: “Working in
or government service—to gain real-
reformed and reorganized to provide
the clinic was the best hands-on expe-
world skills and a critical perspective
the best service to clients and the larger
rience I received at Columbia. It was an
on the way law should be practiced
society. Second, clinic students provide
unmatched opportunity to learn from
before they launch their legal careers.
pro bono service to clients who are
my classmates, the clinic staff and our
As a result, clinic students are uniquely
unable to secure representation because
client … The challenges are unlike the
prepared to take on their post-gradua-
of cost, the unpopularity of their causes
ones in the classroom; they have a direct
tion professional roles.
or the complexity of their problems. In doing so, they learn to appreciate the
impact on the people in the New York
2
community and I am confident that they
The clinical program at Columbia Law
professional responsibility and personal
have made me better prepared to face
School has two additional goals. First,
rewards of community service. Many
the workplace.”
students—guided by clinical professors
Columbia clinic alumni have contin-
who are experts in their respective
ued this proud tradition of providing
Participating in a law school clinic
fields—are encouraged throughout
representation for needy people over
allows students with diverse career
their clinic experience to envision how
the course of their legal careers.
CLINICAL EDUCATION
Communication Skills Effective communication is an essential skill for any law school graduate. Clinic students draft pleadings and discovery motions, interview and counsel clients, mediate complex disputes and persuade an adversary or a judge—all skills requiring practice. The real-world nature of the clinics allows students to learn those skills collaboratively with classmates and professors. Clinic faculty provide each student with extensive reviews of his/her written and oral performance, toward the goal of producing lawyers who are also self-learners with the ability to reflect upon and learn from their work as professionals.
Learning to Be a Reflective Practitioner Columbia Law School’s clinics are designed to help students identify and build on their strengths, while working to address any weaknesses. Many clinics ask students to identify and think broadly about their learning goals. For example, in addition to becoming a better writer, a student may want to learn to be more assertive, more tolerant or more collaborative as a lawyer. Students are also encouraged to tackle problems, such as procrastination or disorganization, that may undermine their ability to be effective lawyers.
3
CLINICAL EDUCATION
Understanding Institutions
Benefiting Society Columbia clinics work on behalf of
Students confront legal problems
Today’s lawyers must understand
underserved populations represent-
that arise from poverty, racism,
how to work within increasingly com-
ing a broad range of societal inter-
inequality and political tyranny—
plex and often overlapping adminis-
ests. Students work in local, national
serving individual clients while
trative and regulatory systems in
and international forums to address
identifying and addressing serious
order to advocate effectively for their
fundamental issues of fairness and
wrongs that need systemic solu-
clients. Students in Columbia Law
justice, on behalf of clients facing
tions through legislative and policy
School’s clinics represent clients
human rights abuses, environmental
advocacy, education, conflict reso-
enmeshed in such systems as cor-
neglect or racial discrimination.
lution and community organization.
rections, environmental regulation, nonprofit governance or child welfare. Clinical experience provides students with a basis for understanding other institutional systems that they may encounter as lawyers.
4
Professor Carol Liebman (standing) speaks about clinical legal education during an international conference at Renmin University in Beijing, China. As part of a Ford Foundation-funded project, Prof. Liebman has made several trips to China to help law schools develop their clinical education programs.
International Clinical Education
RECENT WORK
Dramatic political changes around the world have created new opportunities for clinical legal education. Since 1996, our clinical faculty have been active internationally in promoting a public-interest approach to law and lawyering. Collaborating with nongovernmental organizations such as the Public Interest Law Institute (PILI), they have made an impact around the world. Many universities in places like Central and Eastern Europe, the former Soviet Union and China have embraced this chance to develop legal clinics and other innovative and dynamic educational programs. The following are only a few ways clinical faculty have supported these burgeoning efforts:
• Professor Barbara Schatz is working with PILI to improve legal education in five countries of the former Soviet Union: Ukraine, Moldova, Kyrgyzstan, Armenia and Georgia. As part of the project, she has visited and is consulting with Tbilisi State University in Georgia and Yerevan State University in Armenia on their clinical legal education initiatives and other aspects of law school curriculum; • Professors Carol Liebman, Suzanne Goldberg and Schatz have worked with colleagues in China to help develop law school clinics as part of a Ford Foundation initiative begun in 2000; • Professor Jane Spinak has facilitated a series of trainings and meetings which helped create child advocacy clinics in Hungary, Romania and Poland. She has also hosted PILI fellows in Columbia’s Child Advocacy Clinic. In turn, they have gone on to teach in their own child advocacy clinics; and • Professors Philip Genty, Schatz and Liebman have led workshops at the University of Bialystok (Poland) for students and professors from law schools in Poland and five countries of the former Soviet Union. Prof. Genty spoke on moot court competition, Prof. Liebman on mediation and Prof. Schatz on clinics that represent nonprofits and small businesses. Prof. Genty’s work on clinical programs in Macedonia earned him an honorary professorship from the Ss. Cyril and Methodius University, Skopje. 5
Child Advocacy
In 2006, the Child Advocacy Clinic launched the Adolescent Representation Project to represent adolescents aging out of foster care or other institutional settings. Most clients range in age from 16 to 23. Their issues extend across a broad spectrum of need, including: housing and homelessness prevention; teen parenting; health and health benefits; income and support benefits; education, tuition and financial aid benefits; financial planning; civil rights including LGBT issues; job training and career planning; and domestic violence assistance. At a time when increased attention is being paid to these older youths by both local and national policy-makers, stu-
6
dents in the Child Advocacy Clinic have
referred from legal advocacy offices, fos-
To broaden their views and improve
the opportunity to assist clients and to
ter care agencies and community-based
advocacy, clinic students attend a weekly
affect evolving policies and practices.
organizations that help youths through
seminar with graduate students from
Paired in teams, students represent clients
the transition process.
other disciplines such as medicine,
Moving into Adulthood education, sociology and psychology.
In an area of the law in which attor-
“Before we met our first client, we
These seminars focus on adolescents as
neys carrying large caseloads are
heard a lot about how difficult she
viewed from multiple perspectives. Stu-
limited in their ability to delve deeply
was to work with. We decided to
dents also participate in an ongoing
into the complicated lives of adoles-
approach her with open minds.
interdisciplinary research project investi-
cents, students in the Child Advocacy
One of her goals was to leave
gating the unique attributes of advocates
Clinic can make a critical difference
foster care and move in with the
for adolescents. This project will culmi-
by enhancing the ability of their
father of her two children. Her
nate in recommendations for a new
clients to transition into happy and
caseworker didn’t think she could
paradigm for adolescent representation.
productive adults.
do this, but we decided our job was to help her work toward that goal. At our second meeting—after we had outlined all the steps she
“The Child Advocacy Clinic (CAC) was the first truly fulfilling component of law
needed to take—she told us she
school for me. I came to law school with the express goal of doing public interest
knew it was time to grow up.
work and had a difficult time feeling passionate about my class work without its
After that things started to change.
relating to a client contact or relationship. In the clinic, my clients’ rights and
She and her boyfriend found an
needs—not grades or resumes—became my driving motivation. My enthusiasm
apartment and she and the
propelled me forward, but also needed to be checked, as I learned how to think
children moved in. We noticed
more thoughtfully about my advocacy and developed a more reflective and long-
how much more initiative she
term perspective about my actions. I still retained my passion, but was able to
started taking. Over the course of
channel it in a more deliberate and well-reasoned way.”
the year we helped her apply for kathryn scheinberg ’09 cac teaching assistant
public assistance and obtain early intervention services for her son. We represented her case at foster care and encouraged her to find a job or enroll in G.E.D. classes. Although she still has obstacles to overcome, we ended the year feeling confident that she had found her stride.”
Professor Jane M. Spinak
Student team report 2007-08, adolescent/foster care project
7
Community Enterprise
Legal
8
assistance
for
community
Some of the clinic’s clients are new non-
works to develop microenterprises and
enterprises is often critical to their
profits that need help creating legal
to care for needy children in Liberia.
success. Students in this clinic help non-
structures for their programs. Other
Small-business clients have ranged from
profit organizations and small businesses
clients are more mature organizations
family daycare businesses and cafés
that cannot afford to pay for legal serv-
that need help addressing the legal issues
to printing companies and jewelry
ices turn their visions into reality. The
arising from changes such as expansion,
businesses. These clients are primarily
emphasis is on planning. Students work
creation of a national program or initi-
located in disadvantaged neighborhoods
to understand clients’ aspirations, help
ation of income-generating activities.
in NewYork City—particularly, Harlem,
them anticipate and solve problems and
Many are based in low-income neigh-
Washington Heights and the South
educate them about their responsibilities
borhoods in New York City, providing
Bronx—and seek the clinic’s assistance
as heads of nonprofits or businesses.
food, shelter and training for the city’s
in choosing and forming appropriate
Students also undertake law reform efforts
neediest residents. Some address large-
business structures, entering into leases
and offer workshops for nonprofits and
scale problems like the difficulty in
and other contracts and protecting their
small businesses on corporate and tax
retaining qualified teachers in city
intellectual property.
issues. The clinic is of special interest to
schools. Some work abroad—one cur-
those interested in community develop-
rent client aims to ensure that needy
Clinic students prepare for their client
ment, working with organizational clients
Honduran students have the funds and
work by learning the substantive law
and representing clients in transactions.
motivation to remain in school; another
relevant to forming and operating non-
A Bronx Café is Born Emily Flores is one of many women in low-income communities with the imagination and drive to create a small business. She first came to the clinic for help in creating “non-compete” and “nondisclosure” agreements to protect the special recipes and techniques used in her home-based pastry business. The success of this business inspired her to start a café in her Bronx neighborhood.
Clinic students with their client, the Ruth Williams Dance Studio, in Harlem
Clinic students helped her think profit organizations and small busi-
tively. As they take on responsibility
through the right structure for her
nesses; thinking through the distinctive
for clients, students explore the variety
business, given the desire for
interviewing, counseling and ethical
of roles that lawyers can play in work-
equity
issues that arise in representing organi-
ing with community enterprises and
the chef and a lender, and then
zations rather than individuals; and
examine the choices they have in find-
drafted a certificate of incorpora-
practicing the lawyering skills that will
ing a personally satisfying way of prac-
tion, bylaws and a shareholders
allow them to represent clients effec-
ticing law and promoting social justice.
agreement, all in plain language
participation
by
both
and tailored to her particular circumstances. The clinic also represented the business in taking over
“The Community Enterprise Clinic was an essential component of my Columbia Law School education and an invaluable part of my preparation for the profession. The opportunities to make good on the trust that our clients placed in us gave me the highest respect for what we do as lawyers. The reflective approach that the clinic instilled and reinforced is something that will remain with me for all of my years as a member of the bar.” ayodeji “tunde” oyewole ’06 associate, latham & watkins llp
a lease to a storefront and in closing a loan for the rehabilitation of the space. The students who worked with her have the satisfaction of having helped a dynamic woman achieve her dream and contribute to the commercial vitality of a Bronx community. 9
Environmental Law
Students in the Environmental Law Clinic have the unique opportunity to engage in the practice of law on a local, state, regional and global scale on critical issues facing the planet and on pressing problems affecting poor, under-represented communities. Whether tackling climate change with world leaders like Kofi Annan, assessing the impact of Hurricane Katrina on the citizens of New Orleans and Mississippi or challenging a
Professor Edward Lloyd
wealthy and powerful corporation that
10
wants to develop a huge mall in the New
implementation and regulatory reform.
governments on how to address climate
Jersey Meadowlands, clinic students strive
Our students have tested their skills in
change.They represent poor and minor-
to find the most effective mechanisms to
the international arena before the World
ity communities in their fight to protect
resolve environmental problems.
Bank and domestically before state and
their neighborhoods from becoming
federal administrative agencies, federal
home to toxic facilities, such as power
Clinic clients, as well as environmental
trial and appellate courts (including the
and sewage sludge plants. Clinic oppor-
conundrums, expose students to a
U.S. Supreme Court) and the highest
tunities are exceptional and endless.
panoply of methods to address environ-
levels of state courts. Students also have
mental issues, such as litigation, collabo-
advised national governments on envi-
The lawyering skills developed and honed
ration,
ronmental policy and counseled state
in the clinic are applicable to any career
policy
development
and
a student chooses. The clinic emphasizes
in their cases. The clinic also addresses
A Breakthrough in Pollution Control
litigation skills that have broad applica-
the interplay of economic development
The clinic represented a community
tions beyond environmental law, includ-
and environmental protection and the
group in lower Manhattan seeking
ing drafting pleadings, arguing motions
impact of contamination and regulation
to minimize the adverse health
and negotiating settlements. With a
on communities of color and other
effects of the expansion of a power
heavy emphasis on client interaction,
economically disadvantaged groups.
plant. First, students petitioned for a rehearing from the New York State
the clinic teaches students to counsel community groups on how to grapple
In future semesters, students will also
Board on Electric Generation Siting
with and settle their cases in ways that
benefit from the Law School’s newly
and the Environment, which previ-
best achieve their goals. In weekly class-
inaugurated Center for Climate Change
ously had refused to consider the
room seminars, students lead strategic
Law and its work to develop a new body
impact of the small particles, known
discussions on how to resolve the issues
of law to address this global problem.
as PM 2.5, that the plant would emit. The rehearing was granted and was, moreover, the first time
“The Environmental Law Clinic showed me the range of roles that lawyers play. In one case, students litigated a matter that went to trial, while in another, we researched the law for community and environmental groups to advise them on strategies they might use in convincing decision makers to do the right thing. We helped file formal complaints in a regulatory administrative process which ultimately got the governor of New Jersey to oppose the construction of a mall on wetlands.” ben longstreth ’02 legal counsel, natural resources defense council washington d.c.
the board acknowledged the potential impact of these particles. In preparation for the rehearing, students worked with medical and engineering experts on direct and rebuttal testimony on the effects of emissions. They also prepared cross-examinations of expert witnesses presented by other parties. After four days of complex settlement negotiations, the utility decided to dedicate nearly $4 million to reduce air emissions from the plant. The settlement has become a model for similar cases throughout New York and the students’ work has since led to similar consideration at other state power plants.
11
Human Rights
Columbia Law School’s pioneering
The Human Rights Clinic bridges
gating human rights issues in interna-
Human Rights Clinic exposes students
theory and practice, providing students
tional fora and (3) developing and
to the practice of law in the interna-
with hands-on experience in ongoing
implementing tools to address problems
tional and cross-cultural context of
projects. Students learn to work in part-
at the cross section of business and
human rights litigation and advocacy.
nership with experienced advocates and
human rights. For example, students are
An intensive critical seminar examin-
organizations engaged in human rights
advocating on behalf of Jessica Lenahan
ing the human rights movement is
activism in the United States and abroad
(Gonzalez), a domestic violence victim,
combined with specially tailored exer-
and thus contribute to effecting posi-
to obtain justice for the killing of her
cises and simulations to introduce stu-
tive change locally and globally as they
three children in Colorado; but they are
dents to international human rights
hone their professional skills.
leading this fight before the Inter-American Commission on Human Rights
practice. In addition to research and
12
writing, the clinic fosters the devel-
Clinic projects cover the full range of
where the clinic is also involved in other
opment of other fundamental advo-
human rights advocacy, with emphasis
major litigation. The pioneering work
cacy skills, including interviewing
on (1) leveraging the tools of interna-
on business and human rights has ranged
techniques, collaborative project work
tional human rights advocacy to address
from labor rights investigations in India
and media advocacy.
problems in the United States, (2) liti-
to meetings of university committees
The Right to Move Freely The oldest case on the clinic’s docket continues to be a source of inspiration, legal innovation and meaningful experience for clinic students. More than eight years ago, the clinic began collaboration with the center for Justice and International Law (CEJIL) to represent 25 people of Haitian origin in a challenge to the Dominican Republic’s longstanding practice of mass expulsions of Haitians and Dominicans of Haitian descent without due process. promoting socially responsible invest-
These projects are part of a multi-
The case before the Inter-Ameri-
ment. Recently, clinic students have
pronged effort that has sent students to
can Commission and Court has
been deeply involved in the review
undertake field research in the DRC,
resulted in important protective
of mining contracts in the Democratic
Equatorial Guinea, India, Mexico,
measures for the clients, even
Republic of Congo (DRC), whose
Canada, Azerbaijan and South Africa
while the political conditions for
rich mineral wealth is in contrast with
and also across the United States, for
a full resolution of the underlying
a miserable record of human develop-
example, to interview detainees in
problems have declined. While
ment and basic rights.
Michigan prisons.
actively pursuing the litigation, our students are also working to find other avenues to promote the
“The projects I worked on demonstrated that the law is not a one-size-fitsall solution to problems, but rather a type of advocacy language that must be carefully interwoven with different political, economic and social discourses. It reconfirmed to me the strength of the law as a means of fighting abuses, as well as how fragile human rights are when the law is abandoned or turned on its head.” christopher belelieu ’06 associate, cravath, swaine & moore LLP
rights of Dominicans of Haitian origin. In that effort, the clinic is pursuing a collaborative advocacy strategy that has students working in New York, Santo Domingo and Washington D.C. to find the tools for lasting change. 13
Lawyering in the Digital Age
The Lawyering in the Digital Age Clinic
promote just resolutions in their cases.
offered along the path. The tenant
trains students to advocate for clients in
Moreover, judges, lacking a well-crafted
effortlessly learns about law and pro-
courts, administrative agencies and on
pleading from a tenant, are often left
cedure, becomes familiar with the
transactional matters. Students learn and
with a one-sided view of the case.
technical terms and promptly acquires a printed pleading to file in court with
apply conventional and “digital age” lawyering skills, employing technology
To address this problem, Lawyering in
legal claims accurately stated. Other
to extend basic access to justice. Year
the Digital Age students worked with
helpful materials—all customized to
after year, student projects have vital,
the Hon. Fern Fisher, administrative
that tenant’s factual circumstances—
positive effects on the justice system.
judge of the Civil Court of the City
will be printed so the tenant can study
of New York, to create a web-based
and prepare for court. You can try the
Housing is one focus of the clinic. Each
expert system that allows unrepre-
program at: www.nycourts.gov/courts/
year, the Civil Court of the City of
sented tenants to create a legally suffi-
nyc/housing/interactive.shtml (selecting
New York takes on more than 300,000
cient pleading in eviction cases. The
the non-payment answer program).
eviction cases. About 90 percent of ten-
program guides a tenant through a
ants have no legal representation at any
user-friendly, multi-media interface
Another notable project is the creation
stage of their case. Without legal train-
that consists of a series of simple ques-
of a self-help legal web site for people
ing, they cannot use the complicated
tions and answers. Definitions and
who cannot afford lawyers in civil cases.
housing and procedural law that should
explanations in plain language are
Many of these individuals rely on the
Professor Mary M. Zulack (far right)
14
Collateral Consequences Calculator Collateral consequences of criminal charges are not spelled out in the Penal Code, in contrast to the direct consequences such as prison or fines. For example, an undocumented person arrested on a misdemeanor might face an extreme consequence like deportation. Lawyers, often expert in a narrow area of law, simply cannot know the myriad collateral consequences of all possible charges. The 4C’s project (Collateral Consequences of Criminal Charges) was commissioned by the Hon. Judith Kaye, chief judge of the New York Court of Appeals. She is pictured above with clinic students and clinic faculty members (standing l to r), Lecturer Brian Donnelly and Professor Conrad Johnson, after honoring their work at her New York State of the Judiciary address.
To address this challenge, students in the Digital Age Clinic created a calculator that pools and organizes
Legal Aid Society, which provides assis-
The site offers basic information for
this specialized knowledge. The
tance to low-income people. However,
housing, employment, benefits, educa-
web-based tool enables lawyers to
because the organization is perennially
tion, domestic violence and a catch-all
counsel clients, and judges to sen-
understaffed and underfunded, Legal
“documents” section. A person need-
tence defendants, with full knowl-
Aid attorneys can be more productive
ing to know, for example, about domes-
edge of potential collateral conse-
when clients are educated about their
tic violence, what organizations can
quences. Known as the 4C’s proj-
situation before they arrive at the office
help and how to obtain an order of
ect, the calculator currently reveals
for an initial meeting. The information
protection can go to: www.legal-
the consequences for cases involv-
equips them to do so more successfully.
aid.org/en/ineedhelp/self-help.aspx.
ing immigration and tenancy in New York City public housing. Future modules will track family, employment and government ben-
“I was surprised at the variety of choices the clinic offered. I chose to work with the housing court to help pro se tenants. Being in the courthouse, I had extensive, behind-the-scenes access to the inner workings of processing cases.” scott mc jannet ’09
efits consequences.
15
Mediation
Litigation, while glamorized in the
techniques so that they can responsibly
as well as employment discrimination
media, is time-consuming and costly.
counsel clients about choices.They also
claims brought by federal employees
That’s why more and more people in
develop an understanding of how feel-
and referred by EEOC administrative
conflict today are turning to problem-
ings, background values and personal
law judges.
solving strategies like mediation—and
styles affect their performance in a pro-
why Columbia Law School’s Mediation
fessional role, while providing quality
The foundation for actual clinic work
Clinic is an extremely popular offering.
assistance to parties whose disputes the
is built in the classroom, where students
Students in the clinic develop skills that
clinic mediates.
receive mediation skills training and analyze the ethical, systemic and
are important to effective problem-solv-
16
ing and wise lawyering. They also
The hands-on work takes place at Safe
jurisprudential issues involved in the
explore the rapidly developing field of
Horizon’s Community Mediation Cen-
ADR movement. The “texts” for class
Alternative Dispute Resolution (ADR),
ter. Typical cases include disputes
include the mediations that students
while providing much-needed services
between neighbors, roommates and co-
observe or conduct, as well as readings,
to people in conflict.
workers, as well as business disputes and
tapes and role-plays that highlight
organizational conflicts. Students also
important issues in the development of
Students in the Mediation Clinic learn
mediate civil cases at New York City
mediation practice. In addition, students
about the benefits and limitations of
Civil Court Personal Appearance Part
observe “neutrals” (mediators) at work
mediation and other dispute-resolution
and at the Harlem Small Claims Court,
in a variety of settings.
An Alternative for a Troubled Teen and His Family The parents were ready to seek court intervention. Their child stopped attending high school, and his parents also feared he had joined a gang. A two-student team from the Mediation Clinic went to work. They first explained the process to the parties, listened to their stories and summarized the information in a way that allowed each party to hear what the others were saying. In the course of these tense discussions, punctuated by tear-filled breaks, the troubled teen realized his family had his best interest at heart, but he struggled with his increasing need for autonomy. In the end, the clinic team hammered out an agreement, specifying the terms to which all parties agreed. The student was granted some
“The first year of law school taught me to look at precedent for predictable guidelines. The clinic showed me how to listen without judgment and give people the chance to be heard. It was a powerful lesson—one that has single handedly changed the way I understand the law. The clinic taught me to see the faces behind conflict. No matter the amount in question or the scale of the conflict, it always came down to people: their feelings, their assumptions and their intentions.” katerina yiannibas ’08
additional freedom in exchange for his promise to attend school regularly, quit the gang and refrain from use of alcohol or illegal drugs. For the present, at least, the family was able to avoid the intervention of the courts. 17
Prisoners and Families Rights
Helping prisoners protect and advance their rights, the Prisoners and Families Clinic advocates for people in prison who are seeking to preserve their families. Students may represent prisoners in a variety of legal contexts, taking on cases referred by counselors within prisons or by advocacy organizations. The clinic’s comprehensive work has spanned litigation in family court to obtain visits with children or to protect parental rights; to challenge denials of parole; and to obtain reduced sentences. Students are called upon to play vital roles in the lives of their clients. They have primary responsibility for interviewing and counseling a client, examining records from
underlying
criminal
cases,
obtaining necessary documents, developing a case theory and litigating on 18
behalf of the client.
Professor Philip Genty
A Double Caseload Students are prepared for this hands-on
cacy, students participate in intensive
Kim Mosolf ’06 and Darin Dalmat
work through rigorous classroom and
simulation exercises. They also examine
’06 worked on two compelling
experiential learning. They are exposed
issues of professional responsibility that
cases during their 3L year. The first
to a rich body of literature about pris-
are implicated by representation of indi-
involved a man convicted under
ons and prison life and equipped with
gent clients involved in the criminal jus-
New York State’s harsh Rockefeller
a solid foundation in the relevant sub-
tice system. Students consider, among
drug laws who was facing six years
stantive family and criminal law. To
other issues, how differences between
to life in prison. Based on recent
develop lawyering skills and expertise
their backgrounds and those of clients
state prison reforms, letters of sup-
in interviewing, counseling and advo-
affect attorney-client relationships.
port and their client’s excellent institutional record, the students sought to reduce his sentence to a
“The opportunity to do something so practical while in law school is rare. You don’t get that kind of experience unless you have access to clinical education.” kim mosolf ’06 government benefits fellow, legal services of new york city
shorter fixed term. In preparing for the hearing, they also interviewed the client’s fiancée several times. In the second case, Mosolf and Dalmat represented two women
“In the course of tracking down documentation, we met with one of the client's parents and saw pictures of her as a young person. This is a very important part of legal work and one that I hadn't imagined, but it helped to establish credibility with our clients and helped me understand the importance of the work we were doing.” darin dalmat ’06 associate, james & hoffman p.c.
who had been denied parole four times over a 26-year period of incarceration. Both women had earned college degrees while in prison and their prison records had been exemplary. The result of Kim and Darin’s work was good news for the defendants and their families. The two women were granted parole. In the re-sentencing case, the clinic’s client was released from prison and reunited with his fiancée within a year.
19
Sexuality and Gender Law
The Sexuality and Gender Law Clinic is an intensive learning and working environment that offers students a unique opportunity to hone lawyering and advocacy skills while working on cutting-edge sexuality and gender law issues. The clinic provides vital assistance to lawyers and organizations throughout the country and the world that advocate for the equality and safety of women and lesbians, gay men, bisexuals and transgender individuals. While engaged in advocacy, students also wrestle with the difficult questions posed by law reform work in the midst of shifting political and legal terrain. What does it mean to advocate on
20
Professor Suzanne Goldberg
behalf of a community? How do advo-
strategies, including those involving lit-
cuted? In the Sexuality and Gender Law
cates select among issues? Once prior-
igation, public education, grassroots
Clinic, students have the opportunity
ities have been set, how should choices
advocacy and legislative efforts? How
to think through these questions while
be made among various law reform
best can those strategic choices be exe-
developing strong lawyering skills.
Recent Projects: The clinic emphasizes a multidimen-
Clinic students work cooperatively on
• Amicus briefs to the Iowa,
sional approach, which develops the
sexuality and gender law issues with
Connecticut and California
practice of being strategic, smart and cre-
lawyers and advocates at organizations
supreme courts in marriage
ative in identifying and deploying
such as Lambda Legal, Equality Now,
equality litigation and to the
resources to advocate for social change.
the ACLU Lesbian and Gay Rights
European Court of Human
Our projects encompass all forms of
Project, the ACLU Women’s Rights
Rights on sex trafficking;
advocacy, including litigation, public pol-
Project, Immigration Equality, the
• Development of legal manuals
icy development, legislative drafting,
National Center for Lesbian Rights,
to support women’s rights in
training, organizing, public education
the Transgender Legal Defense and
Africa and a transgender rights
and media outreach.This practical strate-
Education Fund, the International Gay
ordinance in New York City;
gic training is coupled with an empha-
and Lesbian Human Rights Commis-
• Development of public edu-
sis on reflective and theoretical inquiry
sion, UNICEF and UNIFEM, as well
cation efforts with UNICEF
about lawyering in general and specifi-
as with statewide and local gender and
regarding violence against
cally on behalf of social movements and
sexuality law organizations.
young women and UNIFEM regarding transitional justice
in the areas of sexuality and gender.
mechanisms’ responses to sexual violence; “It’s rare for a law student to be able to ask a state’s high court to adopt a different
• Legislative analysis and draft-
method of constitutional interpretation. That’s what we did in submitting our ami-
ing in connection with New York
cus brief to the Iowa Supreme Court in the case of Varnum v. Brien. The experience
State’s domestic violence law
has been invaluable and has reminded me that I chose to become a lawyer so that
and the U.S. immigration law’s
I could help to provide all individuals with equal access to the law.”
ban on entry by people with HIV;
keren zwick ’09
• Preparation of asylum and T and U visa applications for clients with persecution claims based on forced marriage, trafficking, political opinion, sexual orientation, gender identity and HIV status; and • Litigation research, drafting and support of women’s rights and those of LGBT individuals in the United States and abroad.
21
Clinical Faculty
Child Advocacy
from 1996 to 2001.
Pinelands Commission and is a trustee
Jane M. Spinak is the Edward Ross
She previously was
of the Fund for New Jersey. An activist
Aranow Clinical Professor of Law. A
executive director
and scholar on a wide range of envi-
member of the faculty since 1982, she
of the organization
ronmental legal issues and citizen-suit
co-founded the Child Advocacy Clinic,
now known as the
litigation, he has testified before Con-
which currently represents youth aging
Lawyers Alliance for New York, where
gress on environmental enforcement and
out of foster care. During the mid-
she administered a public-interest pro-
has worked to establish environmental
1990s, Prof. Spinak served as attorney-
gram involving 1,800 pro bono
law clinics in Serbia, Czechoslovakia and
in-charge of the Juvenile Rights
lawyers. She founded the Community
Costa Rica.
the
Development Legal Assistance Center
Legal Aid Society of
and co-founded the Lawyers Commit-
Human Rights
New York. In 2002,
tee for Human Rights (now Human
Peter Rosenblum ’92 LL.M., the Lieff,
she
the
Rights First). She has represented many
Cabraser, Heimann & Bernstein Clini-
founding chair of
nonprofit organizations in corporate,
cal Professor of Law, joined the faculty
the board of the Center for Family
tax and real estate matters, lectured and
in 2003 from Har-
Representation, an advocacy and pol-
written about nonprofit corporate and
vard Law School,
icy organization dedicated to ensuring
tax law and trained law professors
where he was asso-
the rights of parents in child welfare
throughout the world.
ciate director of the
Division
of
became
proceedings. Her teaching and schol-
22
Human Rights Pro-
arly interests address the complexities
Environmental Law
gram and initiated the school’s first sem-
of the child welfare, foster care and fam-
Edward Lloyd, the Evan M. Frankel
inar in human rights advocacy. He has
ily court systems.
Clinical Professor in Environmental Law,
worked in international human rights
joined the faculty in
since 1989 and continues to pursue
Community Enterprise
2000. Prof. Lloyd
projects in advocacy in Africa, Asia, South America and Europe.
Barbara Schatz, clinical professor of
serves as a guberna-
law, joined the faculty in 1985 and
torial appointee to
served as director of clinical education
the
New
Jersey
Caroline Bettinger-López ’03 is the
and for eleven years directed, the Law
Brian Donnelly, lecturer-in-law, helped
deputy director of the Human Rights
School’s Fair Housing Clinic. In 2001,
found the Lawyering in the Digital Age
Institute and a lecturer in the Human
he co-founded and serves as co-direc-
Clinic and has collaborated for years
Rights Clinic. She focuses on interna-
tor of the Lawyering in the Digital Age
with Professors Conrad Johnson and
tional human rights
Clinic, which explores the impact of
Mary Zulack on the development of
law and advocacy,
technology on law practice through
various efforts to teach lawyering and
including the imple-
client work and collaborative projects
technology. In his role as director of
mentation of human
with major public interest legal organ-
educational
rights norms at the
izations and prominent jurists.
nology,
he
techis
responsible for the
domestic level. Her main regional focus is the United States and Latin America
Mary Marsh Zulack, co-director of
design and opera-
and her principal areas of interest include
Lawyering in the Digital Age Clinic,
tion of the Law
domestic violence and violence against
has been director of clinical programs
School’s world-class classroom technol-
women, gender and race discrimination
since 2006. She co-
ogy and curriculum-based Internet ini-
and immigrants’ rights.At Columbia, Ms.
directed the Fair
tiatives. He is an active member of the
Bettinger-López helps coordinate the
Housing Clinic and
American Bar Association Law Practice
Human Rights in the U.S. Project and
inaugurated
Management Section and is a fellow of
the Bringing Human Rights Home
taught the seminar
and
the American Bar Foundation.
on Law and Policy of Homelessness. In
Lawyers’ Network.
the course of her 20-year career in legal
Mediation
Lawyering in the Digital Age
services and practice before joining the
Carol Liebman, clinical professor of law,
Conrad Johnson, director of clinical
faculty in 1990, Prof. Zulack served as
joined the faculty in
education from 1992 to 1996, joined
attorney-in-charge of the Harlem
1992 and has lec-
the faculty in 1989 after two years as
neighborhood office of the Legal Aid
tured and taught
an assistant professor at the City Uni-
Society of New York. She was awarded
widely on negotia-
versity of New York
the 1996 Leadership Award by the City-
tion and mediation
School of Law and
wide Task Force on the Housing Court
and legal education. Her current
many years as the
and has received awards for Outstand-
research focus is on conflict resolution
attorney-in-charge
ing Pro Bono Service by the Legal Aid
in health care. Prof. Liebman has been
of
Harlem
Society. Prof. Zulack served on the
in the forefront of the movement
neighborhood office of the Legal Aid
Mayor’s Advisory Committee on the
toward Alternative Dispute Resolution
Society of New York. He co-founded,
Judiciary from 2006 to 2008.
and has taught about mediation and
the
23
negotiation in Israel, Brazil,Vietnam and
Department of Housing, Preservation
Sexuality and Gender Law
China. She also founded the Law
and Development and the Bedford-
Suzanne Goldberg, clinical professor
School’s Negotiation Workshop. She
Stuyvesant Community Legal Services
of law, has directed Columbia’s Sexual-
currently serves on the New York City
Corporation. He has assisted with legal
ity and Gender Law
Civilian Complaint Review Board.
resource materials for incarcerated par-
Clinic since joining
ents and works with several organiza-
the faculty in 2006.
Alexandra Carter ’03, associate clinical
tions that assist women prisoners. His
She was previously
professor of law, joined the faculty in
research interests are in clinical educa-
on the faculty of
2008. She previously worked as a litiga-
tion, prisoners’ rights, professional
Rutgers School of Law-Newark, where
tion associate for
responsibility and appellate advocacy.
she taught a range of courses and
Cravath, Swaine &
He received the 2008 Willis L.M. Reese
directed the Women’s Rights Litigation
Moore, where she
Prize for Excellence in Teaching.
Clinic. Prior to entering academia, she spent nearly a decade as a senior staff
served as the senior
Prisoners Rights (Future Clinic)
attorney with Lambda Legal Defense,
several multi-billion dollar mergers and
Brett Dignam is Clinical Professor of
serving as counsel in a wide range of
as a litigation associate on a variety of
Law and Supervising Attorney at Yale
cases, including two before the U.S.
matters. Prof. Carter, who won the Jane
Law School. She has represented state
Supreme Court that became corner-
antitrust associate on
Marks Murphy Prize for clinical advo-
and federal prison-
stone gay rights victories. Her scholar-
cacy while a student at Columbia Law
ers for more than
ship on barriers to equality has won
School, has served as a volunteer medi-
20 years. She was
numerous awards.
ator for Safe Horizon, a NewYork-based
also among the fac-
nonprofit that specializes in mediation.
ulty who developed and taught the Yale Supreme
24
Prisoners and Families Rights
Court Advocacy Clinic, where stu-
Philip Genty, clinical professor of law,
dents draft petitions, briefs and other
joined the faculty in 1989 from Brook-
pleadings in the U.S. Supreme Court.
lyn Law School, where he taught fol-
She serves on Connecticut’s Commis-
lowing his work as
sion on Wrongful Convictions and as
an attorney at Pris-
the board chair of both Junta for Pro-
oners’ Legal Serv-
gressive Action, Inc. and the Center
ices of New York,
for Children’s Advocacy. She will join
the New York City
the faculty in 2010.
For More Information on Clinical Education at Columbia Law School CONTACT INFORMATION
Child Advocacy
Mediation
Columbia Law School
Professor Jane Spinak
Professor Carol Liebman
435 West 116 Street
spinak@law.columbia.edu
cliebman@law.columbia.edu
New York, NY 10027
Professor Alexandra Carter
Environmental Law
alexandra.carter@law.columbia.edu
Professor Edward Lloyd elloyd@law.columbia.edu
Human Rights
cal education at Columbia Law School, please contact Professor
Professor Barbara Schatz
Mary Marsh Zulack, director of
bschatz@law.columbia.edu
clinical education, or any of the faculty listed at left.
Caroline Bettinger-L贸pez
Prisoners and Families Rights
Lecturer-in-Law
Professor Philip Genty
clopez@law.columbia.edu
pgenty@law.columbia.edu
Lawyering in the Digital Age
Sexuality and Gender Law
Professor Conrad Johnson
Professor Suzanne Goldberg
cjohnson@law.columbia.edu
suzanne.goldberg@law.columbia.edu
Professor Mary Marsh Zulack mzulack@law.columbia.edu Brian Donnelly Lecturer-in-Law donnelly@law.columbia.edu
For more information about clini-
Community Enterprise
Professor Peter Rosenblum prosen@law.columbia.edu
www.law.columbia.edu
Professor Mary Marsh Zulack 212-854-8214 mzulack@law.columbia.edu
Columbia Law School 435 West 116 Street New York, NY 10027 www.law.columbia.edu