Family Law

LAW 277 v02 Aging and Law Seminar

J.D. Seminar (cross-listed) | 2 credit hours

This seminar explores, through lecture, discussion, role playing, and problem solving, the range of legal challenges and public policy issues affecting older adults. Subject areas include health care benefits (Medicare, Medicaid); long-term services and supports (nursing homes, home and community-based services, long-term care insurance, state-based programs); income security programs (Social Security, SSI); aging and autonomy, including elder abuse, neglect and exploitation and advance planning related to incapacity (powers of attorney, guardianship and its alternatives, choices regarding life-sustaining medical treatment); housing and consumer issues affecting older adults; and ethical issues in representing older adults. Coursework will address systemic inequities faced by older adults of color, older women, LGBTQ older adults, older adults with disabilities, and older adults who are immigrants or have limited English proficiency. The seminar is both practice- and policy-oriented and integrative with respect to other coursework and related disciplines.

Recommended: Prior or concurrent enrollment in one or more of the following courses: Administrative Law; Family Law I: Marriage and Divorce; Constitutional Law II: Individual Rights and Liberties; Professional Responsibility.

LAW 2028 v01 Assisted Reproductive Technologies and the Law

LL.M Seminar (cross-listed) | 2-3 credit hours

This 2 or 3 credit seminar will provide an overview of the underlying and competing laws and policies arising from the assisted reproductive technologies (ARTs) that continually make front page news. Since the 1980 opening of the country’s 1st IVF clinic amidst protests and pickets, courts and legislatures have struggled to create laws and policies in response to continually evolving reproductive advances. Topics will include: the legal status of the IVF embryo in the context of procreative rights; embryo cryopreservation, storage, disposition and mix-ups; legal implications of advances in egg freezing, reproductive genetics and oncofertility; posthumous reproduction; egg and sperm donation; traditional/genetic and gestational surrogacy; unique issues for single and same-sex couples, including the rapidly changing impact of same-sex marriage; and professional standards, economic and regulatory aspects of the ARTs.

New this semester will be the inclusion of two classes that will examine selected legal and policy aspects of comparative ART law perspectives on “third-party ART” and the impact these differences have on cross-border reproductive practices, with a particular focus on surrogacy.

National experts in their respective fields will provide guest lectures on: medical advances in ART (including a field trip to a locally based national IVF clinic); psychosocial aspects of donor egg and 3rd party ART; reproductive genetics; and regulation and public relations for ART providers.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 1079 v00 Child Welfare Law and Practice in the District of Columbia (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in weekly seminars and conduct related fieldwork at outside organizations. This practicum course will focus on the workings of the child welfare system in the District of Columbia. Students will participate in a two hour/week seminar and also undertake 10 hours/week of fieldwork at a child welfare-related organization.

SEMINAR: Students will study Supreme Court and District of Columbia cases defining the fundamental nature of the parent/child relationship and setting forth when state intervention is warranted to protect the best interests of the child. Students will gain an understanding of the various stages of child protection proceedings and the different roles, responsibilities and professional relationships of the attorneys representing the government, the child and the parents at each stage. Issues concerning interracial and gay adoption will be discussed, as will the overrepresentation of poor and minority youth in the child welfare system. Students will engage in simulation exercises, give an in-class presentation on a topic of their choosing, and will write a final paper.

FIELDWORK: Students will participate in fieldwork with a child welfare-related organization and share their experiences with the class and through written reflection memos. Some fieldwork sites require students to undergo police/background clearances, and others do not. If this is a concern for a student, he/she should reach out to the professor before the beginning of the semester to discuss field placement options. For the Fall 2021 semester, students are permitted to conduct their practicum fieldwork remotely.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective.)

Recommended: Family Law I: Marriage and Divorce or Family Law II: Child, Parent, and the State; Evidence.

Mutually Excluded Courses: Students may not concurrently enroll in this practicum and an externship or a clinic or another practicum course.

Note: This practicum course is open to LL.M. students, space permitting. Interested LL.M. students should email the Office of the Registrar (lawreg@georgetown.edu) to request admission.

This course is suitable for evening students who can commit to attending class and working 10 hours/week (during business hours) with their field placements.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits for approximately 10 hours of fieldwork per week, for a minimum of 11 weeks, to be scheduled with the faculty. The fieldwork must be completed during normal business hours. The two credit seminar portion of this practicum will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as the field work.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and fieldwork components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 2030 v01 Comparative Reproductive Technologies and "Reproductive Tourism"

LL.M Seminar (cross-listed) | 2-3 credit hours

The use of reproductive technologies—and crossing national borders to obtain them—has become a burgeoning multi-billion dollar, international industry. While the desire to have children may be universal, legal protections and restrictions on access to reproductive technologies vary immensely from country to country, and often reflect conflicting cultural and religious values.

This seminar will examine the fundamental elements of ART law and practice so that students have a foundation to explore and compare a diverse number of legal systems’ approaches to selected reproductive technologies with a particular emphasis on the legal implications for “cross-border reproductive care” (“reproductive tourism”). Other topics will include: comparative access to and affordability of IVF, egg and sperm donation, and surrogacy; reprogenetics; treatment for same-sex couples; professional liability; and embryonic stem cell research (as it intersects with egg donation and the use of IVF embryos). Guest lectures will provide a medical and an ethical perspective to broaden an understanding of the legal and policy challenges in this unique field.

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.

LAW 518 v00 Domestic Violence Clinic

J.D. Clinic | 10 credit hours

Please see the Domestic Violence Clinic website for more information about the program.

For registration-specific supplemental materials, please see the Domestic Violence Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course.

LAW 173 v01 Family Law I: Marriage and Divorce

J.D. Course | 3 credit hours

This course examines the domestic relationships of adults, married and unmarried. Topics covered include marriage and other intimate relationships, divorce, custody disputes, alimony, child support, and division of property.

Prerequisite: Civil Procedure (or Legal Process and Society).

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

LAW 173 v03 Family Law I: Marriage and Divorce

J.D. Course | 3 credit hours

This course examines the legal regulation of the domestic relationships of adults, married and unmarried. Topics covered include marriage and other intimate relationships, divorce, custody disputes, alimony, child support, and division of property. We will also spend some time thinking about the big theoretical and policy questions of the field, especially in regards to Assisted Reproductive Technologies and their potential for changing traditional notions of the family.

Please note that there is a midterm examination for this course, which consists in a divorce negotiation exercise. The midterm counts for 50% of your final grade. For the purposes of the exercise you will be required to meet once outside of classroom time with your partner in preparation for the negotiation and once more with your partner and opposing counsels in preparation of the final settlement agreement.

The course will be divided into smaller modules and students will be required to complete several individual and group assignments throughout the semester, which will count towards their grade. The course has been re-designed to accommodate the hybrid version of teaching that Georgetown is planning for the fall. Please do not hesitate to contact me at pt96@law.georgetown.edu with your questions. Looking forward to seeing you in the fall!

Note: There is a graded midterm exercise in this course.

LAW 174 v00 Family Law II: Child, Parent, and the State

J.D. Course | 3 credit hours

This course examines who makes decisions. It considers the the distribution of power and responsibility among child, parent, and the state through the study of selected topics, including procreation, education, medical decision making, child abuse and neglect, emancipation, and adoption. Family Law I is not a prerequisite.

Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

LAW 174 v01 Family Law II: Child, Parent, and the State

J.D. Course | 3 credit hours

This course examines decision-making within diverse family structures. It considers the relational distribution of power and responsibility among child, parent, and the state. It will consider these broader questions through the study of selected topics including procreative decision-making, informed consent within the family unit, child abuse and neglect, reproductive technologies, and adoption. These topics address some of the most current, multi-faceted, and dynamic areas of modern family law to study. These areas are changing rapidly and profoundly in law, society, and politics. This course intersects with many other areas of law in complex ways, such as Torts, Contracts, Constitutional Law, and Professional Responsibility and provides great depth and breadth in job opportunities and law reform initiatives.

By the completion of this course, you should be able to:

· Analyze legal issues governing decision-making within family structures;

· Contextualize family decision-making using multi-faceted lenses grounded in social, economic, and policy considerations and recognizing the implications of legal frameworks across cultures, communities, and diverse family structures;

· Construct persuasive client narratives to achieve specific client goals;

· Advise clients regarding their rights and responsibilities as parents;

· Read and interpret statutory provisions regulating the family unit and analyze their constitutionality, their policy implications, and their effect on prospective clients.

LAW 1272 v00 Gender and Sexuality

J.D. Course (cross-listed) | 3 credit hours

This course will provide an introduction to the legal contexts and theoretical debates surrounding sex, gender, sexuality, and their intersections.  We will explore the way gender and sexuality have been debated, defined, and redefined in the contexts of gender identity and performance, sexual pleasure, reproductive rights, sexual violence, marriage, family organization, work, and education.  In these contexts we will consider the evolution of the law, the discursive effects of law, and the ways feminist and queer theorists have challenged and reimagined prevailing legal rules and cultural norms. In short, the class will probe the ways that law is gendered, sexualized, and raced, and with what overall effects on social institutions and practices.

Key topics will include:

  • The Mutual Influence of Identitarian Politics and Law 
  • Constitutional Law of Sex Equality, Liberty, and Religious Objection
  • Regulation of Sexual Conduct
  • Regulation of Reproduction
  • The Evolving Meanings of Marriage & Family
  • Sexual Harm & Consent
  • Gender & Sexuality at Work, School and other Institutions

Strongly Recommended: Constitutional Law II.

Mutually Excluded Courses: Students may not receive credit for this course and Sexual Orientation and the Law: Selected Topics in Civil Rights.

LAW 1624 v00 Gender and the Political Economy Seminar

J.D. Seminar | 2-3 credit hours

This seminar will examine the relationship between the regulation of gender and the political economy of liberal states. The goal of the seminar is to help students acquire tools that can illuminate the economics and distributional consequences of regulating gender, especially in a global context.

In the first part of the seminar we will study different theories of gender and gender relations, focusing especially on feminist and post-modern perspectives. We will also develop a basic understanding of economic theories and their implicit or explicit understanding of gender, especially in regards to the family and its regulation. Finally, we will look at the emergence of the basic legal split between the family, the market and the state in a historical perspective. In the second part of the seminar we will delve deeper into selected topics that will help us observe some of the theoretical ideas about gender and the political economy in action. Topics will include: the regulation of paid and unpaid care work, the family business, the organization of the welfare state, sex work and human trafficking, reproductive markets, gender in economic development.   

Note: This seminar requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1246 v02 Juvenile Defense After Sentencing (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. This project-based practicum course will focus on youth in D.C.'s delinquency system and their access to justice, the right to due process, and the unique role of juvenile defense counsel after youth have been sentenced to the care and custody of a government agency. Students will participate in a two hour/week seminar and carry out 10 hours/week of project work under the direction and supervision of the course professors.

SEMINAR: When a youth is adjudicated delinquent in the District of Columbia’s juvenile justice system, s/he could be committed to the Department of Youth Rehabilitation Services (DYRS). Although youth accused of crime are guaranteed the right to a lawyer at every “critical phase” of a delinquency case, committed youth routinely appear without counsel at numerous administrative meetings and post-sentencing hearings where important decisions are made about their liberty interests and basic needs. Many lawyers are unaware of their ethical obligations to continue representing their client after sentencing and have not been trained on the best practices for post-sentencing advocacy. Other stakeholders, such as DYRS, diverge on whether lawyers must, may, or should appear at meetings and proceedings that take place after commitment.

PROJECT WORK: In the 10 hours/week project component, each student will support the defense team for one of the professors’ juvenile clients and will work with that client as a mentor and legal advocate. Students will work in pairs with a specific client. For the majority of the fall semester, the clients will be incarcerated at New Beginnings Youth Development Center, which is the long-term secure juvenile facility for D.C. youth located in Laurel, Maryland. Students will travel as a group to New Beginnings each week and will meet with the clients under the supervision of the professors. STUDENTS MUST BE AVAILABLE ON FRIDAYS FROM 10:30 A.M. - 2:00 P.M. THROUGHOUT THE SEMESTER TO MAKE THESE GROUP TRIPS. Students might also attend reentry planning meetings, discharge meetings, disciplinary hearings, and administrative and/or court hearings as needed for the respective clients. Please note that due to the nature of the work, some periods will be busier than others and there may be times when students will need to work more than 10 hours in a given week. Transportation to New Beginnings will be provided.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).
 

Recommended: Professional Responsibility.

Mutually Excluded Courses: Students may not take another practicum course or a clinic at the same time as a project-based practicum course. Students may enroll in an externship at the same time as a project-based practicum course.

Note: This practicum course is open to LL.M. students, space permitting.

Evening students who work during the day are encouraged to reach out to the professors to discuss whether this practicum course would be compatible with their schedules.

THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Students must submit a resume and statement of interest (one page double-spaced), explaining his or her interest in the course to Professor Whitney Louchheim (whitney@opencityadvocates.org) by June 4, 2018. After this date, interested applicants should email Professor Louchheim to inquire if there is still space in the course.

This is a four credit course. Students will receive two credits for the seminar and two credits for the supervised project work. Both the seminar portion and the fieldwork will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 532 v02 Juvenile Justice Clinic

J.D. Clinic | 9 or 14 credit hours

Please see the Juvenile Justice Clinic website for more detailed information about the program.

For registration-specific supplemental materials, please see the Juvenile Justice Clinic PDF.

For information about clinic registration generally, please see the Clinic Registration Handbook.

Mutually Excluded Courses: Students may not concurrently enroll in this clinic and an externship or a practicum course in the first semester. 

LAW 1606 v00 Motherhood and the Law Seminar

J.D. Seminar (cross-listed) | 2-3 credit hours

This course will examine society’s notions of motherhood and how various laws affect becoming and being a mother.  Specific topics include laws that affect reproduction, pregnancy, leave from work following childbirth, parenting decisions, when to legally punish mothers and lastly navigating motherhood and professional identity as a lawyer.  Some of the questions that will run through this course include: 

  1. Given the importance of caring for children, how should the law construct expectations of parenthood?  
  2. How does the law shape our notions of the responsibility of motherhood?  
  3. Is there common ground among political opponents on issues related to law and motherhood?
  4. What laws should be implemented to better support mothers in the United States?

Note: This seminar requires a paper. J.D. students must register for the 3-credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the 2-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1522 v00 Parent, Child, and State: Constitutional Rights and Familial Responsibilities

J.D. Seminar | 3 credit hours

No area of the law arouses more controversy than state regulation of the family. This course examines the law of parent-child relations with a focus on constitutional concerns. What, constitutionally speaking, is a family? What is the source of parental authority? What rights do parents enjoy to direct the educational and religious upbringing of their children? What are the limits on such rights? Do children hold rights of their own? Should they? What is the scope of the state’s authority to protect children? We will look at how these questions (and many more) have been answered historically (with some surprising discoveries) as well as the current state of the law, and we will consider what future might await the evolving family. The shifting “settlement” of individual, family, and state interests will lead us to a rich universe of topics and to broader philosophical considerations (questions about the nature of individual and group rights, identity and assimilation, the proper boundaries of civic discourse, etc.)—and a host of questions that are intensely personal and problematic.

Note: This course will be enrolled via waitlist.

FIRST CLASS ATTENDANCE IS MANDATORY. All enrolled and waitlisted students must be in attendance at the first class session in order to be eligible for a seat in the class.

LAW 1537 v00 Practicum on Helping Pro Se Litigants (Fieldwork Practicum)

J.D. Practicum | 4 credit hours

In fieldwork practicum courses, students participate in a weekly seminar and engage in related fieldwork at outside organizations. This fieldwork practicum course will focus on assisting those representing themselves in divorce, child custody, and child support matters in D.C. Superior Court. Working under the supervision of attorneys with the DC Superior Court Family Court Self Help Center (SHC), students will provide family law related information and community education services to individual and groups of D.C. residents in areas of the city such as Ward 8. Ward 8 is an area with a 36% poverty rate, where its residents largely address their legal problems without the benefit of counsel. Students will give guidance to pro se litigants on preparing pleadings and gathering necessary facts and documents for court hearings. The assistance will be virtual for the Spring 2021 Practicum. Students will also prepare information about family court law and procedure for self-represented parties. Students will participate in a two hour/week seminar and carry out up to 10 hours/week of fieldwork with the SHC.

SEMINAR: In the seminar, students will learn about: (i) family law and procedure in the District; (ii) the types of information self-represented parties often need when they have to represent themselves; (iii) the best means for helping self-represented persons in crisis situations; (iv) developments nationally on involving non-lawyers, such as law students, in providing needed information and public education to self-represented parties; and (v) requirements and restrictions set forth in the District’s unauthorized practice of law provisions (DC court of Appeals Rule 49) that governs the services students in the Practicum will be able to provide.

FIELDWORK: In the fieldwork component of the course, students will: (i) get referrals and guidance from SHC attorneys and assist pro se litigants in preparing pleadings on DC Superior Court Domestic Relations Branch matters; and (ii) prepare easily understood on-line and print family law public education materials.

Prerequisite: Students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Prior coursework or other experience in family law is recommended but not required.

Mutually Excluded Courses: Students may not concurrently enroll in this course and an externship or clinic or another practicum course.

Note: This practicum course is open to J.D students only.

This course is suitable for evening students who can commit to attending seminar and working 10 hours/week during business hours.

This is a four credit course. Two credits will be awarded for the two-hour weekly seminar and two credits will be awarded for approximately 10 hours of fieldwork per week, for a minimum of 11 weeks. The two-credit seminar portion will be graded. The two credits of fieldwork are mandatory pass/fail. Students will be allowed to take another course pass/fail in the same semester as this practicum.

Students who enroll in this course will be automatically enrolled in both the seminar and fieldwork components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1719 v00 Race, Law, and Inequality Seminar

J.D. Seminar | 2-3 credit hours

The deaths of black men and women at the hands of white police officers in places like Ferguson, Missouri, New York City, North Charlestown, South Carolina, and Baltimore has launched a conversation about race in the United States unlike any we have seen in recent decades.  Recent debates have focused on racial bias, discrimination and disadvantage, but have largely ignored the effects of law in the racial inequality context.  This course looks to correct that omission.  It offers students an opportunity to explore the ongoing role that law plays in both shaping notions of race and in fostering structural racial inequality in the United States.   Launching an inquiry that emphasizes history, as well as scholarly critique and social science insights, the course invites students to consider the racial contours and function of law in a host of contexts, including criminal justice, education, family, and housing.  

Note: J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the J.D. Upperclass Legal Writing Requirement. The paper requirements of the two-credit section will not fulfill the J.D. Upperclass Legal Writing Requirement.

LAW 1246 v01 Representing Delinquent Youth from Incarceration through Reentry (Project-Based Practicum)

J.D. Practicum | 4 credit hours

In a project-based practicum course, students participate in a weekly seminar and work on a project under the supervision of their professors. This project-based practicum course will focus on delinquent youth and their access to justice, right to due process, and the unique role of juvenile defense counsel after youth have been committed to the care of a government agency. Students will participate in a two hour/week seminar and carry out 10 hours/week of project work under the direction and supervision of the course professors.

SEMINAR: When a youth is adjudicated delinquent in the District of Columbia’s juvenile justice system, s/he may be placed on probation or committed to the Department of Youth Rehabilitation Services (DYRS). Commitment is theoretically reserved for the most egregious offenders, as determined by the number and severity of the youth’s delinquent charges. Although youth accused of crime are guaranteed the right to a lawyer at every “critical phase” of a delinquency case, youth routinely appear without counsel at numerous administrative meetings and post-disposition (i.e., post-sentencing) hearings where important decisions are made about their liberty interests and basic needs. Many lawyers are unaware of their ethical obligations to continue representing their client after disposition and have not been trained on the best practices for post-disposition advocacy. Other stakeholders, such as DYRS, diverge on whether lawyers must, may, or should appear at meetings and proceedings that take place after commitment.

PROJECT WORK: In the 10 hours/week project component, each student will support the defense team for one of the professors’ juvenile clients and will work with that client as a mentor and legal advocate. Students will work in pairs with a specific client. For the majority of the fall semester, the clients will be incarcerated at New Beginnings Youth Development Center, which is the long-term secure juvenile facility for DC youth located in Laurel, Maryland. Students will travel as a group to New Beginnings each week and will meet with the clients under the supervision of the professors. STUDENTS MUST BE AVAILABLE ON FRIDAYS FROM 10:30AM-2PM THROUGHOUT THE SEMESTER TO MAKE THESE GROUP TRIPS. Students will also communicate with education attorneys, teachers, and family members, in addition to attending reentry planning meetings, discharge meetings, disciplinary hearings, and administrative and/or court hearings as needed for the respective clients. Please note that due to the nature of the work, some periods will be busier than others and there may be times when students will need to work more than 10 hours in a given week. Transportation to New Beginnings will be provided.

Prerequisite: J.D. students must complete the required first-year program prior to enrolling in this course (part-time and interdivisional transfer students may enroll prior to completing Criminal Justice, Property, or their first-year elective).

Recommended: Courses: Family Law II, Professional Responsibility.

Mutually Excluded Courses: Students may not take another practicum course or a clinic at the same time as a project-based practicum course. Students may enroll in an externship at the same time as a project-based practicum course.

Note: This practicum course is open to LL.M. students, space permitting.

Evening students who work during the day are encouraged to reach out to the professors to discuss whether this practicum course would be compatible with their schedules.

THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Students must submit a resume and statement of interest (one page double-spaced), explaining his or her interest in the course to Professor Whitney Louchheim (whitney@opencityadvocates.org) by June 6, 2017.

This is a four credit course. Students will receive two credits for the seminar and two credits for the supervised project work. Both the seminar portion and the fieldwork will be graded.

Students who enroll in this course will be automatically enrolled in both the seminar and project components and may not take either component separately. After Add/Drop, a student who wishes to withdraw from a practicum course must obtain permission from the faculty member and the Assistant Dean for Experiential Education. The Assistant Dean will grant such withdrawal requests only when remaining enrolled in the practicum would cause significant hardship for the student. A student who is granted permission to withdraw will be withdrawn from both the seminar and project components.

Default attendance rule for all practicum courses (unless the professor indicates otherwise): Regular and punctual attendance is required at all practicum seminars and fieldwork placements. Students in project-based practicum courses are similarly required to devote the requisite number of hours to their project. If a student must miss seminar, fieldwork, or project work, he or she must speak to the professor as soon as possible to discuss the absence. Unless the professor indicates otherwise, a student with more than one unexcused absence from the practicum seminar (out of 13 total seminar sessions), or one week of unexcused absences from the fieldwork or project work (out of a total of 11 weeks of fieldwork or project work), may receive a lower grade or, at the professor’s discretion, may be withdrawn from the practicum course.

LAW 1445 v00 Reproductive Justice Seminar

J.D. Seminar | 2-3 credit hours

Reproductive Justice is a concept developed by Black Women activists in the 1990s to provide a different framework to explore how systemic oppression impacts reproductive decision-making. Acknowledging that abortion and contraception were often not the primary reproductive concerns of many marginalized women, including women of color, young women, women with disabilities, undocumented women, and queer women, activists adopted a framework that considers the contexts in which reproductive decisions are made. This approach centers social, racial and economic justice, and focuses as much on the rights to have and raise children as it does on the right to not have them though access to safe and legal abortion care and contraceptive access.

This course will focus on the rights to not have a child, to have a child, and to raise a child. While abortion will be discussed in several of the units in which it is relevant, due to the truncated semester, the course will not focus on abortion or contraception. Students may, however, focus their writing requirement on abortion or contraception. The course will take an interdisciplinary approach to the issues, incorporating various bodies of law (family law, welfare policy, criminal law) along with an historical analysis, social science, and current events.

Note: NOTE FOR THE SUMMER 2021 SECTION: This professor has committed to teaching this course from the classroom on campus. Students may participate in-person or remotely.

J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement.

This course will be enrolled via waitlist.

LAW 395 v03 Sexual Orientation and the Law: Selected Topics in Civil Rights

J.D. Course | 3 credit hours

This survey course explores a wide range of legal issues relating to sexual orientation and gender identity. The issues we will address cut across numerous areas of legal doctrine, including criminal law, employment, family law, equal protection, privacy, and First Amendment law. The course considers how the legal system regulates and affects various aspects of the lives of lesbians, gay men, bisexuals, and transgendered individuals; we will address workplace issues, family relationships (including marriage, partnerships and parenting), and the interplay between law, politics, and policy as it relates to sexual orientation. The course will meld both legal theory and practical considerations, and therefore will draw on the experiences of several practitioners as course participants currently involved in shaping various aspects of LGBT law and policy.

Strongly Recommended: Prior or concurrent enrollment in Constitutional Law II: Individual Rights and Liberties.

Mutually Excluded Courses: Students may not receive credit for both this course and Sexuality, Gender and the Law Seminar or the course, Gender and Sexuality: Law and Theory.

LAW 1671 v00 Winning the Freedom to Marry: How It Happened, Lessons Going Forward

J.D. Seminar | 1 credit hour

Goals of the Course.   This course will examine and tease out lessons from the successful movement spanning more than 40 years to win the freedom to marry for same-sex couples in the U.S., with particular attention to the central Freedom to Marry campaign and the transformation of hearts and minds as well as the law. The course will include study of some key court decisions, as well as history and advocacy materials such as briefs and publications, and will look beyond litigation and legal doctrine to the mix of methodologies, movement dynamics, and elements of success that shape effective advocacy. There will be an emphasis on inviting students to put themselves in the shoes of those confronting challenges and opportunities at key junctures in the past several decades, as well as to think about how the Freedom to Marry elements of success and playbook of tactics can be adapted to other organizations, other movements, and other countries.

Evaluation Criteria.  The grade will primarily be based on a final paper, and may also be adjusted upward or downward based on class participation.  

Note: WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 6, 2020, through Friday, January 10, 2020, 9:00 a.m. - 11:35 a.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. Enrolled students must be in attendance at the start of the first class session in order to remain enrolled. Waitlisted students must be in attendance at the start of the first class session in order to remain eligible to be admitted off the waitlist. All enrolled students must attend each class session in its entirety. Failure to attend the first class session in its entirety will result in a drop; failure to attend any subsequent class session in its entirety will result in a withdrawal.

Enrolled students will have until the beginning of the second class session to request a drop by contacting the Office of the Registrar; a student who no longer wishes to remain enrolled after the second class session begins will not be permitted to drop the class but may request a withdrawal from an academic advisor in the Office of Academic Affairs. Withdrawals are permitted up until the last class for this specific course.

.

Full-time and Visiting Faculty

Deborah Epstein
Wallace J. Mlyniec
Ladislas M. Orsy
Milton C. Regan
Philomila Tsoukala