Family Law

LAW 1787 v00 Adoption Law & Policy Seminar

J.D. Seminar | 2-3 credit hours

Adoption Law & Policy is a seminar that addresses the fundamental and evolving issues that arise when adoptive families are created by law. Topics may include: (1) an overview of the history of adoption law and current trends in adoption policy and practice; (2) the adoption process including an examination of the differences between agency and independent adoption, and the form, timing and revocability of parental consent to adoption; (3) placement criteria (including the race and sexual orientation of the adoptive parent); (4) constitutional rights of nonmarital fathers; (5) adoption of Native American children and the Indian Child Welfare Act; (6) confidentiality and openness in adoption practice; (7) international adoption; and (8) and government law and policy on the adoption of children from foster care. Throughout the semester we will consider the broader historical, societal and political elements shaping adoption law.

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 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 (highlighted by the currently changing and challenging legal context); 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 impact of legally recognized same-sex marriage; and professional and regulatory aspects of the ARTs.

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; psychosocial aspects of donor egg and 3rd party ART;  reproductive genetics; and potentially other emerging developments. 

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 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.

While there is a final, take-home exam for the course, 50% of your grade will be based on a negotiation exercise which will take place at the end of October. I will discuss the exercise and final exam during our first class.

LAW 173 v05 Family Law I: Marriage and Divorce

J.D. Course | 3 credit hours

Family Law I: Marriage and Divorce is a survey course that introduces students to the fundamental legal concepts of family law. This course will examine the changing nature of the family and the state's role in recognizing and regulating personal relationships between adults and between adults and children. The covered topics include competing conceptions of the family and the values they reflect, regulation of entry into marriage, constitutional rights in the family context, the rights and obligations of nonmarital cohabitants, divorce and financial consequences of dissolution, including property division, spousal support, child custody and child support. Throughout the semester we will consider the broader historical, societal and political elements shaping family law.

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 174 v02 Family Law II: Children, Parents, and the State

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

This course explores the allocation of decisional power among the child, the family,  and various agencies of the state. We will analyze the tensions between parents’ rights and  state power, as well as children’s rights and parental and state power. The course will  examine the intersection and impact of race, gender, indigeneity, and class on the case outcomes for litigants in the context of establishing parental rights, children’s rights,  custody, adoption, abuse and neglect, termination of parental rights, and juvenile  delinquency matters. Note: Students are not required to complete Family Law I: Marriage  and Divorce before enrolling in this course.

The overall themes and reading assignments for this course are directly related to Georgetown’s  Institutional Learning Outcomes (ILO). Specifically, this course equips students with the capacity for critical thinking regarding the intersections of race, gender, indigeneity, and class in conjunction with legal principles and regulations pertaining to childhood, parenthood, parental  rights, children’s rights, state’s parens patriae role, custody, adoption, abuse and neglect,  termination of parental rights, and juvenile delinquency.

Prerequisite: Civil Procedure

Recommended: Evidence

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 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 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?

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 at the Family Court Self Help Center (SHC) and the Family Law Assistance Network (FLAN), students will be responsible for providing family law related information and community education services to individual D.C. residents, who largely address their legal problems without the benefit of counsel. 

Students will participate in a two-hour/week seminar and carry out up to 10 hours/week of fieldwork on site at D.C. Superior Court. Students will assist litigants onsite at the SHC and prepare information about family law and procedure for self-represented parties. If available and needed, students may conduct client intakes for FLAN, also onsite at D.C. Superior Court.

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; (v) requirements and restrictions of the District’s unauthorized practice of law rules, which govern the services students in the Practicum may provide, and (vi) other innovative access to justice projects.

FIELDWORK: In the fieldwork component of the course, students will: (i) under guidance from the Family Court Self-Help Center, provide self-represented litigants with basic information about family law and procedure; (ii) prepare easily understood family law public education materials; and (iii) participate in innovative projects.

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.

In practicum courses, students do not provide legal advice, prepare legal documents, appear in court or before agencies, or do any course work that is construed as practicing law under D.C. Court of Appeals Rule 49 (Unauthorized Practice of Law). No attorney-client relationship is created by students’ work in this 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. The course will not focus on abortion or contraception, but will address the impact of Dobbs and forced birth. Students are welcome to 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: 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 1779 v00 Roman Law Seminar: Family, Property, and Succession

J.D. Seminar | 2 credit hours

Roman law developed over the course of more than one thousand years, and it  continues to influence contemporary legal systems throughout the world. In this  course, we will examine the portions of Roman private law that correspond to the  Anglo-American law of family, property, and wills and estates. Readings will consist of  excerpts (in translation) from Roman legal sources, principally Justinian’s Digest. No  background knowledge of Roman law or of Roman history is required.

 

Note: Laptop use is not permitted in this course (unless necessary to conduct Zoom instruction).

Full-time and Visiting Faculty

Deborah Epstein
Michele Goodwin
Naomi Mezey
Philomila Tsoukala