Clinical Programs
CLINICS
Under the supervision of an attorney, students
perform the lawyer functions associated with their cases, including
client and witness interviews, factual development, legal research,
preparation of pleadings and negotiation. Students with third-year
practice certification may also be responsible for courtroom
advocacy.
ADVOCACY
FOR THE ELDERLY Yearlong
Clinic [LAW 7818] Ms. Curry (5 credits) Students
represent elderly clients in negotiations, administrative
hearings, and court proceedings on a variety of legal matters,
including basic wills and powers of attorney, guardianships,
consumer issues, Medicaid and Medicare benefits, nursing home
regulation and quality of long-term care, elder abuse and
neglect, and advance medical directives. Students develop
practical skills by participating in client interviewing, counseling,
and trial advocacy. Students may engage in policy analysis
and advocacy work with partnering organizations including including
the Jefferson
Area Board for Aging (JABA), the Legal
Aid Justice Center, the Virginia Elder Rights Coalition,
and the Senior
Lawyers Division of the American Bar Association.
APPELLATE
LITIGATION Yearlong
Clinic [LAW 5652] (3 credits) Students brief and
argue one or more appeals before a federal appeals court. The
rules and procedure applicable in the federal appellate
system are examined. Fundamentals of oral and written appellate
advocacy are discussed, with a focus on each student's individual
project. All students practice oral argument and one per case
argue the appeal before the courts.
CAPITAL POST-CONVICTION
CLINIC Yearlong Clinic [LAW 7773] Mr.
Lee (5 credits) The Virginia Capital Representation Resource Center (VCRRC) will conduct a yearlong clinic centered on the representation of persons sentenced to death in Virginia and issues relevant to these cases. In addition to a classroom component focused on current issues in capital litigation in Virginia, students will analyze trial records; perform original research; write draft claims, motions, legal and investigative memoranda and correspondence; and engage in field investigations on issues particular to case needs. During the first semester a classroom component will introduce students to general and current issues in capital litigation in Virginia. During each semester, students will also work directly on cases litigated by the Center, conducting legal and factual research and investigation as appropriate to the cases. Travel for investigative purposes should be expected, as should direct contact with clients and witnesses. There will be periods during the year when a significant time commitment will be required. Interested students should submit applications via e-mail to the instructor, Robert Lee
roblee@vcrrc.org. Enrollment is limited so early application is advised. Applicants will be notified as selections are made.
Application
CHILD ADVOCACY
CLINIC Yearlong Clinic
[LAW 7634] Mr. Balnave/Mr. Block/Ms. Ciolfi/Ms. Clark
(8 credits) Students
represent children involved in legal issues in the areas of education,
foster care and social services, mental health and developmental
disabilities, and laws governing services to children who have
been found delinquent. Students represent children in negotiations
and administrative hearings, and participate in court proceedings
to the extent permitted by law. [Offered in conjunction with
the Legal
Aid Justice Center]
CRIMINAL DEFENSE
CLINIC [LAW
5619] Mr. Heblich/Ms. Higgins/Mr. Hingeley/Ms. Redinger (5 credits) The
Criminal Practice Clinic provides a first-hand study of the processes,
techniques, strategy, and responsibilities of legal representation
at the trial level. The casework component of the clinic engages
students in representing defendants in actual criminal cases
arising in the local courts under the direct supervision of an
experienced local criminal defense attorney. The students themselves—not their supervising
attorneys—ordinarily perform all of the lawyering functions associated
with their cases, including interviewing, investigation, research,
negotiation and courtroom advocacy.
EMPLOYMENT
LAW CLINIC Yearlong Clinic [LAW
4661] Mr. Green (5 credits) In cooperation with the Legal
Aid Justice Center and local attorneys, students participate in litigating actual
employment cases. Cases may include wrongful discharge actions,
unemployment compensation claims, employment discrimination charges,
or any other claims arising out of the employment relationship.
Assignments vary according to the inventory of cases available
at the time, but students should be able to conduct client interviews,
participate in discovery, draft motions, assist with trial preparation
and possibly argue some motions.
ENVIRONMENTAL
Law and Conservation CLINIC [LAW 5630]
Mr. Szeptycki (3 credits) Students in this semester-long clinic participate in a range of activities related to the protection and restoration of natural resources and environmental quality. The clinic represents and counsels environmental nonprofits, citizen’s groups, and community organizations seeking to protect and restore the environment of the mid-Atlantic region and other parts of the country. Although much of the work consists of traditional legal advocacy, such as commenting on rules, participating in permit proceedings, and litigation, the clinic also actively explores more cooperative means of conserving and restoring natural resources. Where appropriate, students conduct research and analysis to develop innovative solutions to environmental problems. Student activities include drafting a variety of documents, including comments and briefs; factual investigation; and providing legal advice and other counseling. The clinic includes a weekly meeting/seminar to discuss matters pending before the clinic and to provide conceptual context for the clinic’s work. Students seeking to enroll in the clinic must submit a statement of interest to the instructor.
Family Resource Clinic [LAW 5631] Mr. Nagin (3 credits) This semester-long clinic advocates on behalf of poor families who experience legal problems connected to welfare reform and public benefit programs. Clinic students will address the legal needs of low-income families who seek or receive public benefits, or who are former public benefit recipients attempting to make the transition to financial independence. For most clients, the clinic will help them gain access to—or prevent the termination of—needed benefits and support services. For some clients, the clinic may advocate in other contexts, such as helping parents address consumer law or employment law problems that arise when they enter or re-enter the workforce. Students will have a variety of lawyering opportunities, including the chance to conduct administrative hearings, to brief and argue court challenges to agency decisions, and to present community legal education workshops. Students may also have opportunities to engage in public policy advocacy and to develop and work on impact litigation cases. The clinic includes a seminar component in which students learn the relevant substantive law, ethical requirements, and advocacy skills necessary for the representation of clinic clients. Related Story
FIRST
AMENDMENT CLINIC [LAW 7601]
Mr. O'Neil/Mr. Wheeler (3 credits) The clinic is run in conjunction with Charlottesville's
Thomas Jefferson
Center for the Protection of Free Expression.
Litigation and non-litigation projects are undertaken in First
Amendment subject areas. While the program does not generally
undertake projects involving religion, political campaigns or
libel law, it has
a major national presence in freedom of expression in the arts.
Other subjects common in the caseload include commercial speech
and advertising restrictions, freedom of expression in educational
settings (speech codes and the like), issues in broadcasting
media, and free expression in the electronic frontier of computer
communications and the Internet.
HOUSING LAW
CLINIC Yearlong Clinic [LAW 5719]
Mr. Conover/Mr. Henley/Mr. Whiteley (5 credits) Offered in
conjunction with the Legal
Aid Justice Center, the clinic includes both a seminar and
supervised client representation in housing-related cases and
matters. The caseload includes administrative proceedings and
other matters for indigent clients, and presents issues under
private landlord-tenant contracts, federally subsidized rental
programs, and statutes such as the Fair Housing Act and the Americans
with Disabilities Act. Students handle eviction cases, rent escrow
cases, grievance hearings, avoidance of illegal or unfair lease
provisions, abatement of substandard building conditions, and
other enforcement of residents' rights. Under the supervision
of an attorney, all students perform the lawyer functions associated
with their cases, including client and witness interviews, factual
development, legal research, preparation of pleadings, and negotiation.
Students with Third-Year Practice certification are also responsible
for courtroom advocacy.
IMMIGRATION LAW CLINIC [LAW 4638] Mr. Ford (3 credits) This semester-long clinic is offered in conjunction with the Legal Aid Justice Center. Students are assigned several clients and handle at least one complex case involving extensive client interviewing, factual investigation, and legal briefs. Students may work with clients appealing denials of applications for status, appealing for special categorization or procedures, or with clients who have cases complicated by past criminal or immigration histories. In addition to covering complex statutory, regulatory, and case law, the clinic covers skills such as eliciting information from abuse victims and working through cultural and language differences. Related Story
INTERNATIONAL
HUMAN RIGHTS LAW CLINIC [LAW 5647] Ms. Hurwitz (4 credits) This semester-long (4 credit) clinical course gives students practical experience in human rights advocacy working with non-governmental organizations in the United States and other countries. Projects are designed to expose students to the range of activities in which lawyers engage to promote respect for human rights; to help students build the knowledge and skills used in most public international law and public interest lawyering in general; and to integrate the theory and practice of human rights. While there is no individual client representation in this Clinic, students have direct contact with partner organizations. Each student works on two projects in collaboration with one or more students. Project work varies each semester, though the Clinic focuses regularly on economic, social and cultural rights (in particular, the right of indigenous peoples to education). In 2008-2009, the Clinic will do some work related to transitional justice in Iraq as well. Clinic work may involve litigation related research and writing for domestic and regional courts and international tribunals, preparation of training manuals and workshops (and occasionally opportunity to conduct the workshops), legislative drafting and advocacy, comparative law research and analysis, among other things. A list of previous Clinic projects can be viewed at www.law.virginia.edu/pdf/hr/clinic_projects.pdf. Class sessions will provide the opportunity to discuss human rights law concepts and lawyering practice, and the legal, strategic, ethical, and theoretical issues raised by the project work. The Clinic provides significant opportunity to develop international human rights law research and written skills. Related Story
MENTAL HEALTH LAW CLINIC Yearlong
Clinic [LAW 7655] Mr. Gulotta/Mr. Veldhuis (5 credits) Students represent mentally ill or mentally
disabled clients in negotiations, administrative hearings, and
court proceedings (to the extent permitted by law) on a variety
of legal matters, including: social security, Medicaid and disability
benefits claims, disability discrimination claims, access to
housing, advance directives for medical care, and access to mental
health or rehabilitative services. Under the supervision of an
attorney, students directly perform all of the lawyer functions
associated with their cases, including client and witness interviews,
factual development, legal research, preparation of pleadings,
negotiation and courtroom advocacy. [Offered in conjunction with
the Legal
Aid Justice Center]
PATENT AND
LICENSING CLINIC I [LAW 5712] Mr. MacWright (3 credits) The clinic involves practical training
in patent drafting as well as the negotiation and drafting of
patent and software license agreements. Students are assigned
to one or more significant drafting and counseling projects and
work in the office of the
University of
Virginia Patent Foundation one day per week. The
clinic experience covers the evaluation of inventions and computer
software for patentability and commercial value; counseling of
inventors regarding patentability, inventorship, and the patenting
process; preparation, filing and prosecution of provisional U.S.
patent applications; dealing with patent examiners; and researching
current issues in the fields of intellectual property and technology
transfer. More
PATENT AND
LICENSING CLINIC II [LAW 7656] Mr. MacWright (2 credits) The second semester of
the Patent and Licensing Clinic involves many of the same projects
as Patent and Licensing I, but in this clinic the student can
choose to work exclusively with patent attorneys drafting,
filing, and prosecuting patent applications (and associated
tasks like prior art searches and evaluations, meeting with
faculty inventors, preparing information disclosure statements,
etc.), or working exclusively with licensing agents to draft
license agreements, negotiate licensing terms and conditions,
prepare confidentiality agreements and marketing documents.
Students may be exposed to international patent
applications under the Patent Cooperation Treaty.
Students will resolve disputes where appropriate.
[In conjunction with the University
of Virginia Patent Foundation]
PROSECUTION CLINIC Yearlong
Clinic [LAW 5680] Mr. R. Moore (6 credits) This year-long clinical course will expose students to all aspects of the prosecutorial function. Through a combination of classroom lectures and discussions, readings, guest speakers, and a field placement in one of several local participating prosecutors’ offices, students will explore a range of practical, ethical, and intellectual issues involved in the discharge of a prosecutor’s duties and responsibilities, including the exercise of discretion in the decision to initiate, prosecute, reduce, or drop charges; interaction between prosecutors and investigative agencies and law enforcement personnel; dealing with victims and other witnesses; and relationships with defense counsel. Ethical issues addressed may include: exculpatory evidence, duty not to prosecute on less than probable cause, cross-warrant situations, witness recantation and preparation, and improper argument at trial.
Clinical field placements will be in the Commonwealth’s Attorneys’ Offices for Charlottesville and Albemarle County, and 16 other surrounding Virginia jurisdictions within 30-75 minutes of Charlottesville, as well as the Charlottesville Office of the U.S. Attorney for the Western District of Virginia, and the Richmond Office of the U.S. Attorney for the Eastern District. Most of the students’ responsibilities and duties will be at the trial court or pre-trial level, but may include writing appellate briefs. Students will be assigned to one of these participating prosecutor’s offices for the entire academic year, and are expected to work there on pending cases or in court at least one day per week. It is expected that each student will work out a suitable schedule with the office to which he or she is assigned. Requests for particular offices may be able to be accommodated, but students must be willing to work in whatever office assigned. Students are expected to provide their own transportation.
Application
Supreme Court Litigation Clinic Yearlong Clinic [LAW 7664] Mr. Goldberg/Mr. Ortiz/Mr. Stancil (8 credits) This yearlong clinic will introduce students to all aspects of current U.S. Supreme Court practice through live cases. Students earn eight credits (one credit graded on a CR/NC basis awarded in the fall for monitoring during the summer; three credits graded on a CR/NC basis awarded in the fall for work done in the fall; and four credits graded on an A-F basis for work done in the spring). Working on teams, students will handle actual cases from the seeking of Supreme Court review to briefing on the merits. Classes will meet every week to discuss drafts of briefs and other papers students have prepared for submission to the Court. Students will be expected to identify candidates for Supreme Court review; draft petitions for certiori, amicus merits briefs, and party merits briefs; and attend mootings and Supreme Court arguments. Students who wish to enroll must complete an application form, attach the requested documents, and submit them via e-mail to Daniel Ortiz (dro@virginia.edu) and Mark Stancil (mstancil@robbinsrussell.com), no later than April 11, 2008. Applications received after this date will be placed on a waiting list; these students will only be contacted if openings arise. Once enrolled, NO drops will be permitted. Admitted students will be required to complete some work over the summer before the clinic begins. Application Related Story
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