Electives: Social Justice
E. Social Justice
Introduction
The Social Justice Institute (SJI) has designed three curricular plans
for students preparing for careers in public interest law and social
justice advocacy. These practice areas are designed to prepare
students in fields of greatest relevance to the under–represented and
most vulnerable in our communities in the following areas:
Criminal Justice
Family and Children
Elders and Persons with Disabilities
When focusing on practice area options and selecting courses, students
must keep in mind that public interest organizations want to know that
job candidates have a solid foundation in substantive law in their area
of practice, but do not expect students to have focused solely on that
area of practice. While substantive law courses are of some
importance to public interest employers, participation in related
clinics and externships are of much greater significance.
The 1L curriculum allows only one elective course. Students preparing
for careers in public interest law and social justice advocacy should
elect Fundamentals of Law Practice as their Perspective Course during
their first year spring semester. Fundamentals of Law Practice is
the gateway course to all of the SJI curricular tracks, providing
students with simulated practical experiences including client and
witness interviews, hearings, and motion practice in civil and criminal
cases. Unlike some of Pierce Law's fundamental and introductory
courses, Fundamentals of Law Practice is only offered to first year
students.
While preparing for public interest careers, students should avoid
becoming "one trick ponies" in law school. It is advisable for all law
students – even those keenly focused on careers in a particular area of
concentration – to enroll in some courses outside of their focus
area. For instance, if a student knows nothing about Intellectual
Property Law, or business, they should take a course in this area,
which is of importance to virtually everyone.
The SJI practice areas are intended as guides for course selection –
they are not rigid templates. It is not necessary for a
student to choose a single area, although this may be helpful to those
with a strong interest in a specific discipline. For students
with a range of practice area interests within the SJI fields,
Fundamentals of Law Practice is a good starting point. In
addition to exposing students to situations requiring application of
civil and criminal law, the course also provides students with a
working knowledge of the nuts and bolts of a general law
practice. This experience is quite valuable for summer employment
after the first year in law school with non–profits and government
agencies. These types of summer internships typically sharpen the
focus on a particular area of substantive law, allowing students to
make informed course selections during their second and third years of
law school.
In addition to Fundamentals of Law Practice, two other courses are also
essential for all SJI practice areas – Evidence and Trial
Advocacy. Whether a student is preparing for a career in
litigation or not, it is important to obtain at least foundational
exposure to trial practice and the rules of evidence in order to fully
and effectively represent the interests of clients. Vulnerable
and disadvantaged people are often denied access to justice because
they are unable to effectively tell their story to those in authority –
landlords, creditors, marital masters, judges, etc. Often it is
the competent voice of a lawyer that a vulnerable and disadvantaged
client needs most. Of course, negotiation skills are important,
but a lawyer with training in oral advocacy and trial practice is of
much greater assistance to a client than one who avoids litigation due
to discomfort or inexperience in that area. Clients need lawyers
who are fully prepared to fight for them and their rights. In
order to assist clients in any of the SJI areas of concentration,
students should be prepared to go to court to advocate for the client's
interests.
Practice Area Descriptions
The practice possibilities within each SJI practice area are to some
extent self explanatory. Criminal Justice is designed to prepare
students for careers as criminal defense attorneys or as
prosecutors. Criminal lawyers on both sides must understand
criminal law and procedure and must be prepared to go to court to
defend or prosecute people charged with committing crimes.
Typically criminal lawyers start off handling the less serious
misdemeanor criminal matters such as trespass, harassment, simple
assault, etc. In a busy public defender or prosecution office an
attorney will be expected to learn quickly and to be prepared to handle
the more serious felony matters, often within the first year of
practice. For this reason, it is critically important that
students acquire a solid knowledge of substantive criminal law and
process, including constitutional due process rights, as well as trial
skills and negotiation training in clinics and externships while in law
school. Beyond prosecution and defense, criminal law careers may
also lead to practice in other related areas such as civil rights
advocacy and prisoner rights advocacy.
Family and Children's Law prepares students for careers in family law
matters such as divorce, child custody, child support and domestic
relations. Family law practitioners spend a good deal of time
navigating emotional minefields involving child custody and division of
assets. Because of the highly charged emotions surrounding these
issues, clients are frequently unable or unwilling to consider
resolution short of litigation. In order to effectively counsel
clients in these cases, a skilled family law practitioner must have a
solid working knowledge of trial skills but also of dispute resolution
alternatives to trial. This is true for a number of reasons, not
the least of which is to avoid dissipation of assets on unnecessary
attorneys' fees, as well as consideration of the emotional best
interests of children. Course work in Taxation and in Wills,
Trusts and Estates is also essential for a student preparing for a
career as a family lawyer. Some family law practitioners provide
related services by serving as attorney guardians ad litem (GALs) for
children in custody disputes and for victims of child abuse or
neglect. Other practitioners develop practices which provide
services relating to adoption. In all of these areas mediation
and negotiation skills are critically important. An understanding
of education law and criminal law is often useful in these areas as
well, as is at least a foundational understanding of bankruptcy
law. Policy work is also an option for practitioners in this
track area. Finally, for those who will do divorce cases
involving distribution of small businesses or real estate, courses on
the business aspects of such entities will prove very useful.
Elders and Persons with Disabilities is designed for students preparing
for careers representing seniors and people with a range of
disabilities including physical, mental and educational
disabilities. These areas are often intertwined due to
disabilities related to aging. This practice area track is of
increasing relevance to all attorneys as our population approaches an
unprecedented, and swiftly expanding, number of seniors. Elder
Law and Disabilities Rights practitioners work in private practices and
for non–profit and government agencies. Demand for practitioners
in these areas is growing as the senior population grows.
Practitioners in these areas represent people in matters regarding
social security benefits claims, healthcare matters including Medicaid
and Medicare issues, as well as in matters regarding estates,
employment, access and discrimination. A solid foundation in
substantive law and procedure is important to employers in this area,
as are externships with organizations serving seniors or people with
disabilities. Pierce Law's Institute for Health, Law and Ethics
offers student opportunities in this field. Essential courses
include Wills, Trusts and Estates, Personal Tax, and Health Law Survey,
among others. As with the other SJI track areas, practitioners
can also develop satisfying careers in related policy work after
working in the field and gaining necessary perspective and
experience.
1. Criminal Justice
Designed for careers in criminal defense or prosecution.
Essential Courses
* Criminal Law: F, S
* Evidence: F, S
* Trial Advocacy: F, S
* Criminal Practice Clinic: F, S, Summer
* Expert Witnesses and Scientific Evidence: F
* Criminal Procedure II (offered odd years, e.g.,
2007, 2009): S
Recommended Courses
* Advanced Trial Advocacy (by selection only): S
* Law and Mental Health (offered even years): F
* Cybercrime: S
* White Collar and Corporate Crime Seminar:
(TBA)
* Immigration Law: F
* Appellate Defender Clinic: F, S, Summer
* Externship with trial judge
and/or criminal defense lawyer or prosecutor: F, S
* Federal Courts: S
Related Courses
* Advanced Criminal Practice Clinic: F, S,
Summer
* Innocence Project: F, S (currently being
offered as Independent Study)
* Street Law: S
* Family Law: S
* Pretrial Practice: F
* International Human Rights: S (offered even
years)
* Advanced Appellate Advocacy: F
* Advanced Topics in International Criminal
Law: F
* Genetics and the Legal System: F
* First Amendment Law: F
* Privacy Law: F
* Judicial Opinion Drafting: S
* Ethics, Morals and the Law: S
Practical Skills
* Advanced Criminal Practice Clinic: F, S,
Summer
* Advanced Trial Advocacy (by selection only): S
* Appellate Defender Clinic: F, S, Summer
* Externship with trial judge and/or criminal defense
lawyer or prosecutor: F, S
* Innocence Project: F, S (currently being
offered as Independent Study)
* Pretrial Practice: F, S
Related Upper–Level Writing Courses
* Advanced Appellate Advocacy: F
* Advanced Topics in International Criminal
Law: F
* Appellate Defender Clinic: F, S, Summer
* Ethics, Morals and the Law: S
* First Amendment Law: F
* Genetics and the Legal System: S
* International Human Rights: S (offered even
years)
* Judicial Opinion Drafting: S
* Pretrial Practice: F
* Privacy Law: S
2. Family and Children
Designed for students preparing for careers in family law in such
matters as divorce, child custody, child support and domestic relations.
Essential Courses
* Family Law: S
* Personal Tax: F
* Children and the Law: F
* Wills, Trusts and Estates: F, S
* Evidence : F, S
* Trial Advocacy: F, S
* Negotiations Workshop: S
* Family Law Externship: F, S
Recommended
* Administrative Law Advocacy Clinic: F, S,
Summer
* Law Office Management: S
* Debtor / Creditor: F or Bankruptcy: S
* Estate Planning: S
* Dispute Resolution: F
* Essential Business Concepts: S
* Civil Rights Litigation: F
Related
* Special Education Law: S
* Education Law: F
* Law and Mental Health: F (offered even years)
* Criminal Practice Clinic: F, S, Summer
* Consumer and Commercial Law Clinic: F, S,
Summer
* Street Law: S
* Appellate Defender Clinic: F, S, Summer
* Advanced Appellate Advocacy: F
* Annual Survey of NH Law: S
* Health Law Survey: F
* Ethics, Morals and the Law: S
* Pretrial Practice: F
* Genetics and the Legal System: S
Practical Skills
* Administrative Law and Advocacy: F, S, Summer
* Appellate Defender Clinic: F, S, Summer
* Consumer and Commercial Law Clinic: F, S,
Summer
* Criminal Practice Clinic: F, S, Summer
* Pretrial Practice: F
Related Upper–Level Writing Courses
* Advanced Appellate Advocacy: F
* Annual Survey of NH Law: S
* Appellate Defender Clinic: F, S, Summer
* Ethics, Morals and the Law: S
* Genetics and the Legal System: S
* Pretrial Practice: F
3. Elders and Persons with Disabilities
Designed for students preparing for careers representing people facing
issues arising from aging or disability including social security and
estate issues, employment, healthcare and discrimination.
Essential Courses
* Health Law Survey: F
* Special Education Law: S
* Administrative Law and Advocacy Clinic: F, S,
Summer
* Wills, Trusts and Estates: F, S
* Personal Tax: F
* Trial Advocacy: F, S
* Evidence: F, S
* Disabilities Rights and/or Elder Law
Externship: F, S
Recommended
* Law and Mental Health: F (offered even
years)
* Employment Law: S
* Non Profits (TBA)
* Consumer and Commercial Law Clinic: F, S,
Summer
* Dispute Resolution: F
* Negotiations Workshop: S
* Civil Rights Litigation: F
Related
* Family Law: S
* Education Law: F
* Street Law: S
* Criminal Law Clinic: F, S, Summer
* Advanced Appellate Advocacy: F
* Annual Survey of NH Law: S
* Ethics, Morals and the Law: S
* Genetics and the Legal System: S
* Law Office Management: S
* Federal Courts: S
* Remedies: F, S
* Lobbying and the Legislative Process: S
Practical Skills
* Administrative Law and Advocacy Clinic: F, S,
Summer
* Advanced Appellate Advocacy: F
* Consumer and Commercial Law Clinic: F, S,
Summer
* Disabilities Rights and/or Elder Law
Externship: F, S
Related Upper–Level Writing Courses
* Advanced Appellate Advocacy: F
* Annual Survey of NH Law: S
* Ethics, Morals and the Law: S
* Genetics and the Legal System: S
