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Required Clinic Component: Judicial Process in Trial Courts Clinic (2-5 fall clinical credits). This clinic and course are bundled; your enrollment in the clinic will automatically enroll you in this course.

Additional Co-/Pre-Requisites: None.

By Permission: No.

Add/Drop Deadline: August 7, 2026.

LLM Students: International students on F-1 student visas are required to have Curricular Practical Training (CPT) authorization; LL.M. students are not eligible for CPT, but may enroll in this Seminar without participating in the Clinic. 

This weekly seminar examines through participant observation the functioning of the judicial process in our trial courts with special attention to different judicial roles in different trial courts. The focus of the class in on the various roles (adjudicatory, administrative, educational, and symbolic) that judges play in these courts. Attention is also paid to issues such as judicial accountability, judicial ethics, juries, access to justice, mediation, sentencing, and sentencing innovations like treatment courts and restorative justice. The contributions of various scholars to understanding the work of judges in these courts is reviewed as well as distinct proposals for reform.

A 12 – 15 page research paper describing some aspect of the judiciary’s work in these courts or a 12 – 15 page Reflection following prompts provided by the faculty is required. Three short reflective papers are also required during the semester.

For the clinical component, students undertake clinical fieldwork study of judicial performance through clerkship-like clinical placements federal judges and magistrate judges in the U.S. District Court and judges of the Superior Court, Boston Municipal Court, and District Court of the Departments of the Massachusetts Trial Court. Students are expected to be available to do research and writing projects for their assigned judge, and are expected to observe and assist their judge for at least 2 clinical credits, or eight hours per week. Students must have at least one full day available for their judicial placement. Students may earn up to five credits for additional fieldwork hours with their judge.

Analytical Paper Optional: Students have the option of completing a research paper of at least 20-25 pages, with faculty and peer review of a substantially complete draft. This paper can be used to satisfy the analytical paper requirement for J.D. students. Students who choose to satisfy the analytical paper requirement through this course may not also count the course toward their experiential learning requirement.

For more information, please contact Barbara Berenson; barbara.f.berenson@gmail.com or bberenson@law.harvard.edu or David Deakin at ddeakin@law.harvard.edu.