Students who enroll in this offering may count the credits towards the JD experiential learning requirement.
Required Clinic Component: Education Law Clinic: Legislative and Administrative Lawyering (3-5 spring clinical credits). This clinic and course are bundled; your enrollment in the clinic will automatically enroll you in this required course.
Additional Co-/Pre-Requisites: None.
By Permission: No.
Add/Drop Deadline: November 27, 2020.
LLM Students: LLM students interested in this clinic should be in contact with the clinic directly.
Please note this course has a unique schedule. There will be two meetings of the course in each of the first two weeks of the semester in order to front load content so students are prepared to engage in advocacy. To compensate, there will be two weeks in the middle of the semester where there is no class meeting (March 4 and March 11). The course will meet on the following dates and times (* = irregular course meeting time) :
- Tue, Jan 25, 8 - 10am*
- Thu, Jan 28, 5 - 7 pm
Tue, Feb 1, 8 - 10 am*
Thu, Feb 4, 5 - 7 pm
Thu, Feb 11, 5 - 7 pm
Thu, Feb 18, 5 - 7 pm
Thu, Feb 25, 5 - 7 pm
Thu, Mar 25, 5 - 7 pm
Thu, Apr 1, 5 - 7 pm
Thu, Apr 8, 5 - 7 pm
Thu, Apr 15, 5 - 7 pm
Thu, Apr 22, 5 - 7 pm
Please also note that students are required to schedule a substantial portion of their clinic office hours for the associated clinic (Education Law Clinic: Legislative and Administrative Lawyering) on Tuesdays, Wednesdays and Thursdays because these are the days the Massachusetts legislature is typically in session. Beginning in the third week of the semester, students will be required to attend a one hour weekly team meeting each Tuesday morning from 9:00-10:00 am.
In this seminar students will learn the theory and practice the skills that will enable them to be effective legislative and administrative lawyers in the area of education. Students will learn how to identify and understand systemic problems, assess the educational system's response to vulnerable students, and reflect on the challenges and rewards of interdisciplinary advocacy at the intersection of the fields of law, education, neurobiology, psychology, and public policy. The seminar will cover several general substantive areas related to legislative and administrative lawyering: the constitutional roles and powers of the General Court, the executive branch and administrative agencies in Massachusetts; House and Senate procedure; the state budget process; and the art of lobbying. The readings and activities in this seminar are designed to support and encourage reflection on the legislative lawyering skills that students will develop and practice in their clinical work, including: identifying and researching a problem, proposing solutions and approaches, developing and drafting a desired legislative remedy, learning who the stakeholders are in the education establishment, accurately assessing the political and legal landscape surrounding the desired remedy, building a vibrant and effective coalition, engaging in oral presentations and negotiations, and analyzing ethical issues that arise in legislative and administrative advocacy. The seminar will also introduce students to distinguished guest speakers from practice. The goal is for students to learn the unique role lawyers can play as part of a movement to create effective remedies for vulnerable students.
There is no final examination for this course; students will prepare a presentation in which they lead a discussion with their colleagues based on an interesting issue or problem they encountered in their clinic advocacy during the semester. Class participation is part of the grade for this course.