Campus Compact » Law

Community-Based Legal Research

tdomf_26a6d — Mon, 29 Sep 2008 00:00:00 +0000

Welcome to this year's service-learning course at the law school. I am excited to provide this unique opportunity for you to apply your legal education through research projects carried out in connection with the active involvement of community partners. Experiential education is a superior form of learning because it is based on doing something in a real-world context. As the founding director of the Jacobsen Center for Service and Learning, I came to appreciate the value of service-learning as a pedagogical tool. I am pleased you are interested in taking advantage of this learning opportunity.

We have had other successful service-learning initiatives at the law school over the past 12 years. Most of you have participated in one or more externship experiences available over a broad range of legal positions. Our LawHelp seminars provide unique perspectives for students through hands-on assignments built around specific legal problems of the elderly, victims of domestic violence, children, and families in crisis. Mediation courses give students opportunities to learn through actual mediations. Professor David Dominguez has successfully launched laudable community lawyering projects dealing with complex social problems in our area.

This course builds on these other experiential offerings by focusing on legal research that results in a concrete product that will benefit the community. The community will be involved in shaping the desired research, in collaborating with you in producing the research, and in using the results of the research. You may end up creating court forms, an explanatory brochure, preparing a curriculum and lesson plan, writing an article, proposing legislation, working on a handbook, producing a video or power point presentation, or creating a grant proposal. The keys to a successful project are identifying a community organization and knowledgeable community members, working closely with the community in shaping and creating the research, and producing something useful to the community based on your legal research.

In past years, students have carried out a number of exemplary projects. They include:

Preparation of materials for students in a new externship in Uganda assisting families affected by AIDS and HIV (wills, legal planning)
Preparation of a brochure on Section 8 housing
Preparation of immigration reference tools
Preparation of lesson plans for K-3 grades on alternative dispute resolution
Re-establishment of the Tuesday Night Bar (Central Utah Bar Association)
Creation of new forms for the Committee on Resources for Self-Represented Parties
Preparation of materials for Midvale City on teenage pregnancy concerns connected to date-rape and statutory rape
Updated bankruptcy packet for Utah Legal Services debt counseling clinic
Pro Bono Alliance Proposal (Public Interest Law Forum and the Law School)
Preparation of power point presentations (employment law and landlord/tenant law) for Hispanic Initiative in Salt Lake City (J. Reuben Clark Society, Salt Lake City Chapter)
Preparation of informational brochures in Spanish on immigration, employment law, taxes, domestic violence (Centro Hispano)
Drafted a policy statement for Provo School District concerning enrollment at Independence High School (the district?s alternative school)
Preparation of articles of incorporation, bylaws and web site (Preservation of Utah Lake)
Improved electronic version of Utah Domestic Relations Manual (Utah Legal Services)
Brochure on Predatory Lending and Paycheck Loans (Home Buyer & Mortgage Counseling Services)
Packet on Haiti Adoptions (Children?s Hope Foundation)

What Is Community-based Research?

Community-based research involves students, faculty and community members working collaboratively on research that is useful to a nonprofit agency, government or neighborhood organization. A unique characteristic of this kind of research is that the community serves as an active contributor and agent of change by participating in the design, execution, evaluation, and dissemination of academic research.

BENEFITS OF EXPERIENTIAL EDUCATION

Benefits for the student through this special way of learning. I urge you to accept this invitation to learn and grow as a person. Service-Learning is a significant development impacting higher education reform. It potentially provides transformative education based on the impact of ?doing something? outside of lecture and class discussions.

This form of learning is based ?on individual contributions to the common good from a student?s own perspective, view point, and background. Students are understood as whole human beings with complex lives and experiences rather than simply as seeking after compartmentalized bits of knowledge.? (From Adam Howard, Teacher Education Situated in Reflective Practice (National Society for Experiential Education Quarterly, Summer 2003, Vol. 28, No. 3).

As you engage in this course, you will face situations requiring you to figure things out, make decisions and develop new understandings. Learning from Experience can be a magical teaching and learning opportunity. You are asked to take what you have learned as you make an impact through a transformative experience. It is a way to make ideas and learning come to life.

In 1916, John Dewey asked:

?Why is it, in spite of the fact that teaching by pouring in, learning by a passive absorption, are universally condemned, that they are still so entrenched in practice? That education is not an affair of ?telling? and being told but an active and constructive process, is a principle almost as generally violated in practice as conceded in theory.? (Democracy and Education. New York: Free Press (1916)).

This kind of class provides ?opportunities to grapple with the complexities of a real-world context. You are learning by doing. This class is different. We read when we need to find something out. By working on the project, … our learning process will emphasize collaboration. You will learn through experience as well as from the insights and contributions of community partners as well as your fellow classmates.? (Based on Adam Howard, NSEE)

Benefits for the Community. Service-learning principles emphasize the reciprocal relationships experienced in this form of learning. The student/learner and those served work together in a mutually supportive teaching/learning and serving/receiving relationship. It is often called democratic education with the goal of civic engagement for the students who learn through their interaction with those being served, who in turn, serve the student by sharing their knowledge and skills as they work with the students.

?Oakes and Lipton (Teaching to Change the World. New York: McGraw-Hill College. (1999)) maintain that there are four fundamental tenets of a learning community: learning is situated in a community of inquirers who share meanings, interpretations, and ideas; learning continually relates to classroom members? lived experiences; learning relates to the present cultural context of the larger society as well as the cultural context of our collective history; and the content students learn has value and is meaningful. Through learning communities, students and teachers reject the notion that education is a fragmentary act of receiving and giving compartmentalized bits of knowledge.?

COURSE ASSIGNMENTS

I. The Research Plan and Product. Each student, working individually or as part of a team of 2 to 3 students, will have the opportunity to interact and engage with a real community partner, meet with real people, partner as collaborators on real problems, and experience first-hand that their ?service? must be linked with what the community is both interested in and willing to support. Thus, the student?s service and learning are inextricably woven together. In implementing your project you should identify a community?s important legal needs and develop a product to address an important need (again, with community input).

You have the option of identifying your own community partner and project OR you may choose to work with one of the following community partners I have identified. If you want to identify 1 or 2 other students to work together as a team, that is encouraged. If you are planning to write a paper to serve as a substantial writing paper, you should plan to work independently on a project rather than on a team.

Standing Committee on Materials for Self-Represented Parties (Administrative Office of the Courts) ? I serve on both the full committee and the subcommittee on forms. We welcome the involvement of students in helping produce new materials for the self-represented parties? portal on the Utah state law library web site http://www.utcourts.gov/howto/. Work involves preparation of information packets for the state law library web site and brochures for distribution.
Immigration Court Improved Legal Access Initiative. This task force is setting up training for law students to assist pro bono attorneys on immigration removal cases. The team will assist in creating information materials and classes. The proposed project will help train and prepare young immigration attorneys, non-immigration lawyers and students to represent low income immigrants in removal proceedings. Barbara will also be responsible for strengthening pro bono clinics like Centro Hispano and Guadalupe in SLC while trying to create a new clinic in St. George.
Centro Hispano, Community Help for Immigrants through Law and Education (CHILE). They need materials available in Spanish especially designed for Immigrants. The law school is offering a new Hispanic Streetlaw Course this semester connected to student outreach activities at Centro Hispano. Student projects in this course will be helpful to this new initiative.
Provo Chapter of the J. Reuben Clark Law Society. They are launching a pro bono outreach program as part of the L.D.S. Church hispanic initiative. Work with their Pro Bono Committee on an Hispanic Initiative with local stakes and churches.
Work with the Utah Commission on Volunteers in preparing a report/presentation on liability protection for volunteers that would be shared with local and state government leaders:
a) Research and report on volunteer liability issues, including but not limited to state statutes and ordinances protecting the organizations and municipalities that utilize volunteers, personal injury and property damage to and by volunteers, the Good Samaritan Act, and the Medical Reserve Corps Act, all specific to Utah law.
b) Attend a strategic planning meeting of the Utah Citizen Corps Council in January of 2008 and assist in the development of a business plan for the year 2008, including the preparation of a presentation on volunteer liability issues for training purposes.
Research could include state and national sources and models; for example, Florida and California, which both experienced extensive natural disasters frequently, have Disaster Service Workers programs and legislation. Utah ranks #1 in the nation for volunteering at an impressive rate of 43% compared to the national average of 27%, but many questions linger in the minds of prospective volunteers and the organizations that would like to engage volunteers in their programs.
The Rocky Mountain Innocence Center (RMIC) works to correct and prevent the conviction of innocent people in Utah, Nevada, and Wyoming. With the help of law students participating in the Innocence Clinic at S.J. Quinney College of Law and volunteer attorneys, RMIC investigates and litigates provable claims of actual innocence by prisoners. RMIC also conducts outreach and education about the causes and consequences of wrongful convictions and policy reforms that can prevent the conviction of innocent people. Outside of the Innocence Clinic, RMIC has unique volunteer opportunities for law students in three basic categories:
(1) Policy Reform (legislative research and writing, including drafting legislation, and legislative advocacy);

(2) Outreach and Education (preparation of educational and training events and materials, including materials for law enforcement officials, judges, defense attorneys, policymakers, and the public);

(3) Non-Profit Development (website development, preparation of written and audio-visual public relations materials, and fundraising).
Midvale City, Community Building Community (Families Agencies Communities Together). This neighborhood organization works to find solutions to community problems. Last year, the committee working on immigrant concerns used law student assistance regarding Violence Against Women. Their committee combating teen pregnancy received materials regarding date rape and statutory rape.
Project with Professor Jini Roby at the School of Social Work and graduate from our Law School. She is looking for someone to help her with an article she is writing about internet-assisted adoptions and the legal concepts and laws that can be applied to regulate them. The student will assist her on a paper entitled ?The Benefits and Pitfalls of Internet-assisted Adoption Services: A Call for Regulation.? She has done most of the literature review, but would like a law student to research the various federal criminal laws that could be applied (e.g. wire fraud) to regulate this increasing practice.
Habitat for Humanity of Utah County builds and renovates simple, decent homes with families in need of safe and affordable housing in our community. They recently opened a ReStore Home Improvement business to help them fund their building mission and have gone from building one to two homes a year to four to five homes a year. With increase in capacity and the addition of the store, they are in need of some additional written legal/financial policies to help them become more business-like and to better protect the organization's interests. The legal and financial policies that are needed include record retention for financial records, saved computer files, and email. They also need to strengthen fiscal controls for the affiliate, and create controls and money handling policies for the ReStore.
Work with any local organization you have a specific interest in because of your own personal or family interests, connections or experiences with community programs.
Each student (or team of students) will: determine the research project; develop the research design; gather information; and produce the chosen research product. You need to turn in your topic and initial plan to Professor Backman by Friday, January 18th. I will schedule a time to meet with each of you individually or as a team of students during these first two weeks of the semester. Be sure to sign up for an appointment.

The initial plan should include appropriate contact information describing the community partner(s) participating with you in your research. Each student should plan on spending at least 40 hours working on the project over the full semester (meetings with team members, work with community partners, completing team assignments, etc.). That means about 3 hours per week in addition to classroom sessions. After the first few weeks of class, I will schedule meetings with each of you individually or as a team in place of the regular class sessions. We will resume regular class sessions at the end of the semester for student presentations to demonstrate class projects.

II. Reflective Journals. You are to prepare and send to me four reflective journals during the semester by email. (To be turned in on Mondays, January 28, February 11, March 3 and March 31.) Reflection is viewed as a critical part of service/learning education. Goals of Reflection in service-learning include:

Deepen understanding; connect service experiences with academic learning. If you understand something, you can teach it, use it, prove it, explain it, defend it;
Stimulate problem solving through critical thinking;
Challenge assumptions;
Provide transforming perspectives.

Each student will maintain a reflection journal consisting of three parts:

Part one is a report on your project and the progress you have made on your project: Include a summary of activities, observations, readings and conversations. You should prepare a progress report on the way the plan is working out and any revisions you have made on the initial plan in collaboration with the community partner(s).
Part two is a log reporting the number of hours you have spent on the project out of class since the last reflective journal and a cumulative total of your hours to that point in the semester.
In part three, please respond to the following assigned topics:
(1st Reflection Journal due January 28) ? What I expect by enrolling in Community-based Legal Research? (Motivations) In choosing a community problem and a community partner for my project, these are my initial ideas. Why?

(2nd Reflection Journal due February 11)? How I have learned about the chosen project and the community partner(s) involved? (Community partner) What resources already exist to help me in carrying out my project? (Mentors, resources, assets)

For the remainder of the semester, you will be asked to report on your project?s progress in your reflective journal, indicating what you personally contributed to the project since your last entry. You are also asked to briefly explain the involvement of other students and community partners who are collaborating with you.

(3rd Reflection Journal due March 3) ? How has your experience in working with the community on your project affected you, your views, your perspectives, and your future? (Personal Impact)

(4th Reflection Journal due March 31) ? Describe the good, the bad and the ugly you have experienced in community-based legal research. How could the course be better the next time it is offered? (Course recommendations)

III. Class Presentation. Each student (or student team) will make a presentation during the final month of the course by sharing the final research product.

Schedule:
January 7 ? Introduction to course

January 14 ? Class Session on Collaboration

January 21 — NO CLASS, Martin Luther King holiday
Written Initial Research Plan and Description is due by January 18.

January 28 ? (1st reflection journal is due, What I expect by enrolling in Community-based Legal Research? (Motivations) In choosing a community problem and a community partner for my project, these are my initial ideas. Why?)
Class Session focusing on community-based research principles.

February 4 ? Individual, Small Group Consultations.

February 11 ? (2nd reflection journal is due, How I have learned about the chosen project and the community partner(s) involved? (Community partner) What resources already exist to help me in carrying out my project? (Mentors, resources, assets))
Class Session reporting on your community service organization participation and what you learned from your consultations with them

February 18 ? NO CLASS, Placement Break

March 3 ? (3rd reflection journal is due, How has your experience in working with the community on your project affected you, your views, your perspectives, and your future? (Personal Impact)
Class Session on Monthly Reflection about student research plans and progress reports.

March 10 ? Individual, Small Group Consultations

March 17 ? Student presentations. Class Session.

March 24 ? Student presentations. Class Session.

March 31 ? (4th reflection journal is due, Describe the good, the bad and the ugly you have experienced in community-based legal research. How could the course be better the next time it is offered? (Course recommendations))
Student presentations. Class Session.

April 7 ? Celebration and evaluation. Class Session.

Web sites to consider:

www.compact.org (Campus Compact)
www.servicelearning.org (National Service-Learning Clearinghouse)
www.coralnetwork.org (Georgetown?s Community Research and Learning Network)

Environmental Practicum: The Upper Altamaha Initiative

tdomf_26a6d — Mon, 29 Sep 2008 00:00:00 +0000

JURI 5290/ ECOL 8710

Mission Statement:

To help protect the ecological integrity of the Oconee and Ocmulgee River Basins by working with stakeholders to reduce the impact of human activities on water quality and biodiversity.

The Upper Altamaha Initiative is a service learning course that provides a structured and supportive format for students to apply policy, design and ecological principles learned in the classroom to the real world of people and policy.

Initiative Philosophy and History

The Upper Altamaha Initiative matches graduate students from the University of Georgia with community stakeholders facing specific environmental challenges. Students from law, ecology, environmental design, wildlife ecology, scientific illustration and agricultural engineering may participate in the course. Water quality and the protection and restoration of aquatic species through the best available science, design and policy concepts are key goals for this hands-on program. The course presents a holistic approach to land use planning from the perspectives of our interdisciplinary faculty and guest lecturers.

Previous Environmental Practicum courses have included the Etowah, Altamaha, and Satilla Initiatives. Students in earlier Environmental Practicum classes drafted a conservation subdivision ordinance adopted by the Cherokee County Board of Commissioners, promoted the use of transferable development rights to protect water quality resulting in enabling legislation adopted by the Georgia General Assembly, and developed a system of water withdrawal to protect endangered aquatic species which was adopted by the U.S. Fish and Wildlife Service. For more information about these and other Environmental Practicum projects, see our website at http://www.rivercenter.uga.edu/education.htm.

Practicum Goals:

Provide an educational environment where students can apply skills learned in the traditional classroom to pressing community concerns and problems;
Provide an opportunity for students and faculty to work with other disciplines in integrated environmental decision-making and problem-solving thus improving their ability to understand, communicate with, and influence other disciplines;
Increase awareness of the importance of addressing environmental issues proactively within the university community and the broader community;
Respond to community concerns and problems in the Oconee and Ocmulgee River Basins;
Build capacity for service learning at the University of Georgia.

Class Format:

Two or three class meetings in first two weeks of semester to select projects and develop work-plans;
Approximately four to six lectures (Fridays from 12:30 ? 3:30 p.m.) on ecological, design and policy issues affecting the watershed;
One paddling trip on the Oconee River;
Periodic group meetings to develop particular projects;
Project presentation (either to stakeholders or to the class and other interested parties at the University) with dress rehearsal;
A journal logging each student?s activities and reflections on the meaning of the service learning experience and ecological design and policy implications;
At least one meeting between faculty and each individual student to reflect on and evaluate course progress and issues and concerns.

Expectations (students):

Attend class lectures and field trip, read assignments prior to each lecture, work together to define class projects, attend group meetings and work cooperatively to develop a work plan and to complete the project, attend individual meetings with professors, and keep a journal of work completed and associated reflections. Students will be graded on class participation and project substance and presentation.

Expectations and grading policy are spelled out more specifically in the course rubric, which is available in the class notebooks (located at the Institute of Ecology and the Law Library) and on the class web site at http://www.rivercenter.uga.edu/education/upper_altamaha/main.htm.

Required readings are available in the class notebooks and on the web site.

Note: We strongly encourage Law students to take this course AFTER they have taken the environmental law survey course.

Expectations (faculty):

Coordinate informative lectures and field trip; facilitate interaction between students and stakeholders in the Upper Altamaha Basin; provide support to students in identifying and completing particular projects; facilitate dress rehearsals and project presentations; facilitate publication of projects and provide a forum for students to reflect on their experiences in the course.

Potential Projects:

drafting model stormwater management and other land use/environmental ordinances;
developing or supplementing Total Maximum Daily Load Implementation plans;
identifying development/protection scenarios for a particular county;
designing a park or parking lot or a right-of-way;
identifying septic management strategies;
developing a land protection plan;
determining the costs and effectiveness of various best management practices;
documenting the economic value of natural resources in a jurisdiction

Criminal Justice

tdomf_26a6d — Tue, 02 Nov 2004 00:00:00 +0000

Sociology 389: Project Community – Criminal Justice

GSI: Rosa Peralta
Office: 4520 LSA
Phone: 615 0487
Office Hours: Wed: 12 3pm (or by appointment)
Email: rosap {at} umich(.)edu

Seminar: Tuesdays, 4:00 5:30
Coordinators:
400: Caitlin Patterson/ Maria Maridino
401: Jason Otto/ Bryan Yaldou
402: Vahbiz Karanjia
403: Jamie Taylor/ Meredith Swartz
404: Desiree Hunter
405: Tiffany Williams/ Omari Jackson
407: Kelly Corcoran

I. About Project Community

Project Community is a partnership between the Ginsberg Center for Community Service Learning and the Department of Sociology. Rosa (me) will be your direct link to Professor Mark Chesler in Sociology. In addition, other important names and numbers to know are:

Joe Galura, Director of Project community
Sean de Four, Associate Director of Project community
Melanie Bunce, Program Assistant for Criminal Justice

II. Required Text

Each section will have three books. They are available at Shaman Drum.

A. All Sections 400-407: Marc Mauer. 1999. Race to incarcerate.

B. Sections: 400 and 401 (Juvenile):

1. Males, Mike A. 1996. The Scapegoat Generation: America's War on Adolescents.

2. Siegel, Larry and Joseph Senna. 1997. Juvenile Delinquency. Theory, Practice, and Law, 6th edition. St. Paul, MN: West Publishing Company.

C. Sections: 402, 404, 407 and 405 (Men):

1. Jeffrey H. Reiman (1998) The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice.

2. Katheryn K. Russell. 1998. The color of crime: racial hoaxes, white fear, black protectionism, police harassment, and other
macroaggressions.

D. Sections 403 and 405 (Women):

1. Joanne Belknap, 2001. The Invisible Woman: Gender, Crime, and Justice. Belmont, CA: Wadsworth. (Second Edition).

2. Barbara Owen. 1998. in the Mix: Struggle and Survival in a Women's Prison (SUNY Series in Women, Crime and Criminology).

III. Course Requirements

In order to receive credit for the course, you must

1. Attend your service site every week
2. Attend and participate in seminar every Tuesday
3. Complete a weekly journal assignment
4. Complete weekly reading assignments
5. Complete a midterm project
6. Complete a final project

IV. Service

Students are expected to fulfill the service requirements of their section. You may miss site once without penalty. Since it is difficult to schedule make up hours, students need to act responsibly and with consideration for their classmates and for those that count on your service each week. If you miss more than one section, then you will not receive credit for the class. Of course, special circumstances will be taken into consideration.

V. Assignments

1. For Coordinators:

a. Students will complete weekly journal assignments designed to aid in considering questions related to both the readings and your experiences at service sites. These assignments may vary by section and will be designed, received and read by your coordinators. I (Rosa) will also read some of the journal assignments you turn in.

b. Students are expected to complete reading assignments and be prepared to discuss them in section each week. You will not be able to complete the written assignments without doing the readings.

2. Assignments for the GSI: Students will complete a midterm creative project and a final project/paper. All assignments will require the students to think critically about their service experiences and the sociological issues raised by the readings, the coordinators and the GSI (Rosa). Guidelines for the assignments will be passed out during the semester.

3. Assignment Timetable:

a. Midterm: February 18th

b. Final Project: Noon on April 14th

VI. SCHEDULE OF READINGS:

January 7:
Introduction to Project Community All sections will meet together and then we will break into our respective groups.
Topics: course logistics, site descriptions and administrative questions.

January 14: Introduction to Service Learning Reading: All SectionsKahn, "On Experiential Education and Service Learning" in http://www.umich.edu/ ocsl/Proj Community/coord/kahn.html
Howard, On Experiential Learning: Distinguishing Traditional and Experiential Learning," http://www.umich.edu/ ocsl/Proj Community/coord/howard.html

Journal Assignment: Why are you taking this class? What do you plan to contribute to it? What do you hope to get from it?

January 21: Intro. To Sociology
Peter Berger [1963] Invitation to Sociology. A Humanistic Perspective: Ch. 1: http://www.pscw.uva.nl/sociosite/TOPICS/texts/berger.od
C. Wright Mills (1959). The Sociological Imagination. Ch. 1: "The Promise": http://www.clark.edu/ goldman/socimagination.html

Journal Assignment: What do you perceive your role at site to be? Individually? As a group? How may this role differ from you other everyday roles in college and in your private life?

January 28: The Institution and its Experiment
Mauer. Race to Incarcerate. Ch. 1 and 2 (pgs.1 41).

Journal Assignment: Who are the people in prisons and jails in the United States? Why are they there?

February 4: Crime and the Justice System
Mauer. Race to Incarcerate. Ch. 3 5 (pgs.42 99).

Journal Assignment: What is the purpose of the criminal justice system? Does the system "work"? What does or doesn't it accomplish?

February 11: Race, Drugs and Limitations
Mauer. Race to Incarcerate. Ch. 6 8 (pgs.100 161).

Journal Assignment: Do the police serve communities or governments? All communities? How might policing operate in a more user friendly way? How would things be different if everybody were seen as a potential "criminal"? Would the police be "better" or "worse"?

February 18: (Midterm Project Due Today)
Mauer. Race to Incarcerate. Ch. 9 12 (pg. 162 194)

****And each section please read the following:"'
Sections: 400 and 401: Siegel. Juvenile Delinquency. Chapter 1 and 12
Sections: 402, 404 and 407: J. Reiman. And The Poor: Ch. 1.
Sections 403 and 405: Belknap. Invisible Woman: Chapter 1.

Journal Assignment: Is the prison system inherently violent? Why or why not? How might the prison be different for women, juveniles or people with HIV/AIDS? Is difference because of the systems or because of the individual?

February 25: Spring Break No Classes

March 4:
Sections: 400 and 401: Siegel. Juvenile Delinquency. Chapter 2 and 3.
Sections: 402, 404 and 407: J. Reiman. And The Poor: 2 and 3.
Sections 403 and 405: Belknap. Invisible Woman: Ch. 2 and 3.

Journal Assignment: What does affirmative action have to do with the people in prison/jail? Is access to education and jobs connected to ending up in prison/jail? In what ways is it or isn't it?

March 11:
Sections: 400 and 401: Siegel. Juvenile Delinquency: Ch. 4 and 6.
Sections: 402, 404 and 407: J. Reiman. And The Poor: 4 and conclusion.
Sections 403 and 405: Belknap. Invisible Woman: Ch. 4 and 5.

Journal Assignment: Are we locking up people for being poor? Why are so many people in prison for drug addiction and poverty related crimes? What could we be doing as alternatives to incarceration?

March 18:
Sections: 400 and 401: Siegel. Juvenile Delinquency. Ch. 10 and 11.
Sections: 402, 404 and 407: J. Reiman. And The Poor: appendix and paper insert.
Sections 403 and 405: Barbara Owen, In the Mix. Ch. 1 and 2.

Journal Assignment: Site specific

April 1:
Sections: 400 and 401: Mike Males. Scapegoat Generation. Ch. 1 and 4.
Sections: 402, 404 and 407: K. Russell. Color of Crime. Ch. 1 4 (pg. 1 68)
Sections 403 and 405: Barbara Owen, In the Mix. Ch. 3 and 4.

Journal Assignment: Site specific

April 8: site specific readings/movie and Journal Assignment

April 14: Final Project is Due by noon on April 14th in my locked mailbox in 3009 LS&A

April 15:
Wrap up. Presentation of Final Project. All sections will meet together.

Community Law Practice

tdomf_26a6d — Mon, 29 Jan 2001 00:00:00 +0000

COURSE DESCRIPTION
Purpose:
This course integrates reading, reflection and classroom discussion on the lawyer's role in providing legal services to low-income clients with students' own actual practice experiences. Together the course and the clinic provide students with the opportunity to learn first-hand about the professional responsibilities of representing clients, including instruction in the ABA's Model Rules of Professional Conduct (and California-specific rules where appropriate).

The five educational goals of the Community Law Practice course and the East Bay Community Law Center (EBCLC) clinical (Law 295.5Z) are to teach students:

1. A broad range of traditional and non-traditional lawyering skills;
2. The theoretical and practical capacities and limitations of lawyers, institutions and the legal system;
3. The impact of the legal system on poor people;
4. How to learn from experience; and
5. The importance of serving traditionally disadvantaged clients and groups.

The first half of the semester is devoted to substantive law and skills training. During the second half, we will discuss materials written by practitioners, academics and students about many of the issues that face EBCLC clients, EBCLC as an institution, and Boalt students working there. At the same time, cases and work in the four practice areas at EBCLC will serve as a focus for group discussion of the real-life challenges confronting lawyers and clients. As a course satisfying Boalt's professional responsibility requirement, major themes of how to be a lawyer and what it means to act ethically in that role are explored throughout the Community Law Practice course.

Readings and Syllabus:
The assigned reading for this course is contained in the Course Reader. The Syllabus/Class Schedule (attached) contains the topics and the assignments for each class meeting. Additional readings, problems and hypotheticals will also be distributed, including excerpts (model rules and readings) from Hazard, et al., The Law and Ethics of Lawyering, and Gillers & Simon, Regulation of Lawyers.

Skills Training:
There will be several training sessions and training activities for all EBCLC students, and there will be "break-out" trainings for the individual practice areas. Some of these training sessions will take place during times other than the regularly scheduled classes. These sessions are listed on the Syllabus and Class Schedule. Attendance is required and counts toward your required hours of clinical time spent at EBCLC per week.

Course Requirements and Grading:
Clinical work (Law 295.5Z) is graded on a Credit/No Credit basis. Students receive 1 unit of credit for every 4 hours per week of clinical work. The two units awarded for the Community Law Practice course (Law 289) are graded according to the regular Boalt rules. The breakdown of the graded course component is as follows:

1. Written reflection on the readings (50%): Each student must prepare five, 2-3 page written "reflection" pieces. These pieces will be graded on a three-point scale (see below). Each student's lowest grade will be thrown out in arriving at the composite reflection piece grade, which will constitute fifty percent of the classroom (Law 289) grade.

Each reflection piece should be turned in by the date and to the staff attorney indicated on the syllabus (corresponding to the classes and the readings for which the reflection piece is being written.) Review the Syllabus and Class Schedule carefully for reflection piece deadlines. PLEASE keep a copy of your written work which may occasionally be distributed to the class for purposes of informing class discussion. If, for any particular assignment, you do not wish to have your work distributed, please state this on the first page.

Your reflection pieces should explore the readings in light of your own experiences – with clients, adversaries, supervisors and other third parties – at EBCLC. You should not just summarize the readings nor critique them except in connection with your own practical lawyering experiences. The pieces will be graded primarily on the strength and quality of the connection you make between the assigned materials and your clinical experience. In addition to written feedback, we will use the following guidelines in grading your reflection pieces:

1 (passing): Discussion about the readings and your experience with at least one or two good connections between the two;
2 (solid): Discussion of the experiences and the readings with several strong connections between the two; or
3 (superb): Discussion of the experiences and the readings with deep, transcendent insight between the two.
Most papers will receive a "1". Please note that the student excerpts included in the Reader are done so for the issues they raise, not necessarily because they are examples of superior reflection pieces (in fact many are from other forms of student writing done in the past). Therefore, do not look to them as models for your reflection pieces which by definition should be based on your own personal experiences and insights. Also, you are not required to (though you may) reference or consider readings listed as "OPTIONAL" in the Syllabus.

2. Final Paper (25%): A final paper, no longer than six pages, is due for this course (see Syllabus for deadline). Pick something that has sparked your interest during the semester and write about it. Acceptable paper topics include: (1) analysis of a specific clinical case(s), linked to specific topics and readings in the syllabus; (2) analysis of the law practice more generally at EBCLC, linked to specific topics and readings in the syllabus and suggestions for change; (3) personal and professional development at EBCLC (i.e., an extended reflection piece). You may, if you wish, do additional reading, but this is not necessary. If you are unable to come up with a topic, please see your supervisor or Jeff Selbin. Twenty-five percent of the classroom grade will be based on the final paper, with attention paid to strength of analysis, clarity of presentation and originality of insight.

3. Class Participation (25%): Regular attendance and participation in class discussion are an integral part of the clinical education experience at EBCLC All students are expected to be engaged in and contribute to class discussions. Please check the Syllabus and Class Schedule carefully for the time and location of all classes and trainings. Also, please allow yourself sufficient travel time to get back and forth between Boalt and EBCLC. Twenty-five percent of the classroom grade will be based on class attendance and participation.

WELCOME TO EBCLC!

————————————————————————
Syllabus/Class Schedule:

1. Wednesday, August 19, 1998. 3:10 – 5 p.m. Room 14. Boalt Hall:

READ: Please read the following materials prior to Monday, September 21, 1998, when your first reflection piece will be due. Additional assignments from the Reader are included below.
State Bar of California, And Justice for All (handout);
DeParle, Slamming the Door (handout);
Sullivan, When Plagues End (handout); and
Edelman, The Worst Thing Bill Clinton Has Done (handout).

3:10 – 4:00 Introduction to the EBCLC Clinical and Community Law Practice Course. (Reagan/Selbin)

4:10 – 5:00 Description of the EBCLC Practice Areas – Community Economic Development, HIV/AIDS, Housing & Income Support (Staff Attorneys);
TURN IN Information Sheet.

2. Friday, August 21, 1998. 1 – 5 p.m. EBCLC:

READ: Sugarman, Social Insurance and Public Assistance (pp. 1-5);
General Relief in Los Angeles (pp. 6-10);
Lipsky, Bureaucratic Disentitlement (pp. 11-19); and
Lanker, I Dream a World (pp. 25-28).

1:00 – 2:30 Office Orientation & Unit Assignments. (Reagan/Selbin)

2:30 – 2:50 Benefits 101: General Assistance, Food Stamps, CalWorks (formerly AFDC) & Unemployment Insurance. (Del Monte)

3:00 – 3:20 Benefits 102: Supplemental Security Income, Social Security Disability Insurance, State Disability Insurance & MediCal. (Barba)

3:20 – 3:40 Housing 101: Unlawful Detainers, Rent Control & Affirmative Causes of Action. (Lee)

3:40 – 5:00 Break-out Training by Practice Area. (Staff)

Week of August 24, 1998: Full-time clinic hours begin, cases assigned, students observe client interviews.
3. Wednesday, August 26, 1998. 3:10 – 5 p.m. EBCLC:

3:10 – 3:50 "401 Broadway" Training (Barnes); SIGN UP for visits to 401 Broadway (local welfare office).

4:00 – 5:00 Break-out Training by Practice Area. (Staff)
CED: (To be announced)
HIV: Case Acceptance & Intake Procedure.
Housing: Eviction Process (SFL).
Income: Substantive TANF (CalWorks).

4. Friday, August 28, 1998. 1 – 6 p.m. Room 140, Boalt Hall:
Clinical Workshop

1:00 – 3:00 Interviewing Demonstration and Discussion. (Barba/Barnes/Johnson & Clinical Staff)

READ: Interviewing Outline (handout, in class);
Binder & Price, Ascertaining the Clients Problem (handout, pp. 1-7);
Gilkerson, Poverty Law Narratives (handout, pp. 8-13); and
Student Paper #2 (handout, pp. 14-16).

3:15 – 5:00 Dealing with Difference. (Clinical Staff)

READ: White, Notes on the Hearing of Mrs. G (handout, pp. 17-24);
EBCLC Student Final Paper (handout, pp. 25-29); and
Polikoff, Am I My Client?: The Role Confusion of a Lawyer Activist (handout, pp. 30-41).

5:00 – 6:00 Reception (outside Room 140).

5. Wednesday, September 2, 1998. 3:10 – 5 p.m. EBCLC:
Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: Substantive SSI/DI (Part I) (MDM); RECEIVE Problem Set #1 (due Friday, September 11, 1998); READ "General Reference Materials" & "Disability Benefits" (HIV Manual, Chapters 1 & 2).
Housing: Rent Control (SFL); Answers; Fee Waivers; Warranty of Habitability (MEB).
Income: Substantive and Procedural General Assistance/Welfare.

6. Friday, September 4, 1998. 1 – 5 p.m. EBCLC:
Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: Substantive SSI/DI (Part II); Procedural SSDI (DLB); READ "Medical Information" & "Letter of Diagnosis" (HIV Manual, Chapters 3 & 4).
Housing: Motions (LLL); Subsidized Housing (MEB).
Income: Substantive & Procedural Unemployment Insurance (UIB); Legal Research Exercise; Welfare Budgeting Exercise; RECEIVE Direct and Cross Examination Exercise.

Monday, September 7, 1998: EBCLC/Boalt Closed (Labor Day)
7. Wednesday, September 9, 1998. 3:10 – 5 p.m. Room 140, Boalt Hall:
AIDS 101 Training (ALL UNITS, ALL STUDENTS) (Kathleen Clanon, M.D.).

READ: Burr, The AIDS Exception: Privacy vs. Public Health (handout).

8. Friday, September 11, 1998. 1 – 5 p.m. EBCLC:
Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: REVIEW Problem Set #1 (MDM); Estate Planning (DLB); READ "Testamentary Documents" (HIV Manual, Chapter 5).
Housing: Discovery; Reasonable Accommodation (LLL).
Income: Direct and Cross Examination Exercise; Hearing Tape; Visit Actual UIB Hearing Discussion with Administrative Law Judge.

9. Wednesday, September 16, 1998. 3:10 – 5 p.m. EBCLC:

READ: Case Development Materials and Hypotheticals (pp. 68-89).

3:10 – 4:00 Theory of Case Development. (Barnes)

4:00 – 5:00 Break-out Case Development by Practice Area.

10. Monday, September 21, 1998. 5:00 p.m.:

DUE: Reflection Piece #1: 401 Broadway and the Welfare Experience (readings for this piece include pages 1-19 & 25-28 in the Reader, and the State Bar & Edelman handouts from the first class) (to Barnes).

11. Wednesday, September 23, 1998. 3:10 – 5 p.m. EBCLC:

CLASS: Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: Guardianship FLS); Debtors' Rights (DLB) READ "Guardianship" & "Creditors & Bankruptcy" (HIV Manual Chapters 6 & 7).
Housing: (To be announced).
Income: Telephone Negotiations; Casefile Documents.

12. Wednesday, September 30, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: Crisis Support Training. (Reagan/Guest Speaker)

13. Monday, October 5, 1998. 5:00 p.m.:

DUE: Reflection Piece #2: "Questions of Difference" (readings for this piece include materials for the 8/28/98 training on difference and the 10/7/98 class on difference) (to Brown).

14. Wednesday, October 7, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Questions of Difference." This class builds on the all-clinical training earlier in the semester. Our work at EBCLC involves serving our clients in the best way that we can. Because of a) our past experiences, b) the values we have learned from both our families and the many cultures to which we belong, and c) the larger culture which permeates our lives, we often must work hard to notice our own biases and how they affect our ability to competently and zealously represent our clients. This class will help us to identify our own biases in serving clients and will explore ways to work towards eliminating or reducing the effects of those biases. (Brown/Reagan)

READ: Lawrence, The Id, Ego and Equal Protection (pp. 90-94);
MacIntosh, White Privilege (pp. 95-105);
Takaki, A Different Mirror (handout);
Morris, Prejudice (pp. 106-129) [OPTIONAL];
Gill, Continuum Retort (pp. 130-134) [OPTIONAL]; and
Student Papers #3-7A (pp. 135-155) [OPTIONAL].

Week of October 12, 1998: Mid-semester Evaluations
15. Wednesday, October 14, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Client Voices." What do you hear when your client speaks to you? What do the agencies, with which your client is involved, hear? On the flip side, what does your client hear you say? How do these perceptions affect one another? (Barba/Del Monte)

READ: Sarat, The Law Is All Over (pp. 156-186) [OPTIONAL];
White, Notes on the Hearing of Mrs. G (pp. 187-213);
Gilkerson, Poverty Law Narratives (pp. 422-432);
Montoya, Mascaras, Trenzas y Grenas (handout) [OPTIONAL]; and
Student Papers, #8-10 (pp. 214-222) [OPTIONAL].

Week of October 19, 1998: Flyback week (no class & students not required to complete clinical hours)
16. Monday, October 26, 1998. 5:00 p.m.:

DUE: Reflection Piece #3: "Client Voices" and "Counseling Our Clients to Make Decisions" (readings for this piece include materials for the 10/14/98 and 10/28/98 classes) (to Barba).

15. Wednesday, October 28, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Counseling Our Clients to Make Decisions." This class builds on earlier classes which explored the subjectivity both lawyers and clients bring to their relationship. Given these constraints, what obligations do we have in counseling clients? The assigned reading defines "client-centered" counseling, a relatively recent concept in legal literature, and then reviews arguments both in favor of and against such an approach. (Selbin/Del Monte)

READ: Dinerstein, Client-Centered Counseling (pp. 332-356); and
Student Papers #14-16 (pp. 357-362) [OPTIONAL].

18. Wednesday, November 4, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Confronting Scarcity." After exploring in previous classes the varied and intersecting sources of internal power in the lawyer-client relationship, this class looks at an issue which at least at first glance is an external pressure – resource scarcity – on the delivery of legal services to low-income clients. The assigned readings define the dilemma and come to different conclusions about how best to address it; in class we will engage in an exercise which will require us both to allocate scarce resources between needy clients and grapple with the ethical and other bases for doing so. (Selbin/Lane)

READ: Bellow & Kettleson, From Ethics to Politics (pp. 248-285) [OPTIONAL];
Tremblay, Toward a Community-Based Ethic … (pp. 286-322); and
Student Papers #11-13 (pp. 323-331) [OPTIONAL].

19. Monday, November 9, 1998. 5:00 p.m.:

DUE: Reflection Piece #4: "Scarcity" and "Ethics" (readings for this piece include materials for the 11/4/98 and 11/11/98 classes) (to Selbin).

20. Wednesday, November 11, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Sources of Ethics in Law Practice." This class will explore the sources of lawyers' (and law students') ethics, including the rules, conventional wisdom about law practice, values related to the role of representing an individual client, values related to the role of a lawyer more generally and values we bring from outside the role. (Brown/Lee)

READ: Bellow & Kettleson, From Ethics to Politics (pp. 363-379); and
Case Studies (pp. 380-386).

22. Wednesday, November 18, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Modalities of Lawyering." In addition to individual client representation, lawyers employ a large number of other "modalities" to solve their clients' legal problems. Modalities include administrative agency advocacy, lobbying class action lawsuits, community organizing, client empowerment, public education campaigns, political action, civil disobedience, etc. The assigned articles discuss some of these modalities. (Barnes/Lane)

READ: Bellow, Turning Solutions into Problems (pp. 441-450);
Wexler, Practicing Law for Poor People (pp. 451-460);
Gabel & Harris, Building Power/Breaking Images (pp. 461-474) [OPTIONAL];
McDougal, Lawyering & the Public Interest in the 90s (pp. 475-487); and
Student Papers #17-21 (pp. 488-500) [OPTIONAL].

23. Monday, November 23, 1998. 5:00 p.m.:

DUE: Reflection Piece #5: "Modalities" and "Client Engagement" (readings for this piece include materials for the 11/18/98 and 11/25/98 classes) (to Reagan).

24. Wednesday, November 25, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Client Engagement." Traditional poverty law practice in many ways excludes those seeking services from having input into macro (as opposed to individual case) decisions about how those services are delivered. This class will explore what it might mean to have clients involved in decision-making roles within a public interest or poverty law organization such as EBCLC, including: priority-setting delivery of services, evaluation of services and governance. (Reagan/Lee)

READ: Handouts (to be distributed).

Thursday & Friday, November 26 & 27, 1998: EBCLC/Boalt Closed (Thanksgiving Holiday)
Week of November 30, 1998: Last week of clinical (students complete clinical hours through December 4, 1998); End of semester evaluation
25. Wednesday, December 2, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Rethinking Advocacy With Low-Income Communities." This class will look at the future directions and possibilities of legal services to low-income communities generally, and in particular in the context of the serious federal funding cuts to such programs. (Reagan/Selbin/Guest Speaker)

26. Friday, December 4, 1998. (time and location to be announced):
End of semester party!
27. Friday, December 18, 1998. 5:00 p.m.:

DUE: Final Paper to Jeff Selbin at EBCLC or Message Center, Boalt Hall.

Current Issues in Immigration Law

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Texts:
Helewitz, Jeffrey, United States Immiqration Law, Pearson Publications Company, 1999.
Reading Packet

COURSE OBJECTIVES: The purpose of this course is to provide an introduction to the basic issues underlying U.S. immigration law. Topics covered will include the history of immigration law; the law relating to admission, naturalization, removal, and removal procedures; and the legal issues concerning refugees, asylum seekers, illegal immigrants, and undocumented workers. However, since this is an IONA IN MISSION COURSE, most of the class will be conducted from various locations in Tucson, Arizona, Nogales, Arizona, and Nogales, Mexico. It is expected that the immigration issues covered will be done in large part in the context of immigration from Mexico. In addition, since the course is also a SERVICE LEARNING COURSE, each student will have the opportunity, upon returning from Mexico, to do field work with a nonprofit organization that is concerned with immigration ssues .

At the conclusion of this course, the student should understand:
1. The primary legal sources for U.S. immigration and naturalization law—the U.S. Constitution, treaties, statutes, administration rules and regulations, and judicial decisions;
2. The historical events which shaped U.S. immigration law and policy (with special emphasis on the events relating to immigration from Mexico and Latin America);
3. The legal basis for federal regulation of immigration and naturalization;
4. The administrative structure of immigration law;
5.The different requirements for obtaining immigrant and nonlmmlgrant visas;
6. The process by which the government may refuse to admit or may remove immigrants from the United States
7. The requirements for applying for refugee or asylum status
8. The requirements for applying for citizenship and naturalization status;
9. The legal problems raised by illegal immigration and undocumented workers; and
10. How to apply immigration law to service learning activities.

PLAN AND REQUIREMENTS
This course is going to require the student to absorb a great deal of material in a relatively short period of time. Consequently it will be essential that the student read all assigned materials at the beginning of the sessions in which they are due. As always, the degree and quality of participation throughout the course (including the student·s openness to learning through immersion into a different context and culture) will be considered in the determination of the student·s final grade.

The course requirements will consist of:
1. a journal reflecting on your daily experiences in Arizona and Mexico; your reactions to the readings and specific immigration laws; and your own personal family immigration history;
2. a term paper on an issue relating to immigration law;
3. twenty hours of service at a placement site in the United States; and
4. a journal recording your activities at, and reactions to, your service placement site. Each requirement will be worth one-quarter of the final grade.

MAJOR UNITS OF INSTRUCTION AT IONA COLLEGE
SESSION 1 – Orientation session to explain the scope of the course, the general requirements for living and studying in Tucson, Arizona and the squatters· village in Nogales, Mexico. Distribution of material on necessary travel gear and health concerns.

SESSION 2 – Background to U.S. immigration law: Early case law; restrictive statutes; quota laws; the Immigration and nationality Act of 1952 and later amendments; the Immigration Reform and Control Act of 1986; the Immigration Act of 1990; the Personal Responsibility and Work Opportunity Act of 1996; and the Illegal Immigration Reform and Immigration Responsibility Act of 1996. The operation of the federal agencies responsible for the administration of immigration law: The Department of Justice, the Department of State, the Department of Labor, the Department of Health and Human Services, and the United States Information Agency.
Ethical Discussion Issues: Moral issues in support of and in opposition to a policy of "open-door" admission. The global effects of an "open-door" policy.

SESSION 3 – Admissions: Availability of immigrant visas for family-sponsored immigrants, employment based immigrants, diversity immigrants, and refugees; availability of non-immigrant visas for students-scholars and business-entrepreneurial non-immigrants. Admission procedures for nonimmigrant admission, immigrant visas and visa petitions, adjustment of status, and parole.
Denial of Admission and Removal: Grounds for denial of admission and removal. Procedures and relief from denial of admission and removal.
Ethical Discussion Issues: Sham marriages and sham labor certifications.

SESSION 4 – Illegal Immigration and Undocumented Aliens: Reasons for, and impact of, illegal immigration; the Immigration Reform and Control Act (sanctions on employers of undocumented alien and antidiscrimination provisions).
Ethical Discussion Issues: Exploitation of undocumented workers.
SESSION 5 – Refugees and Political Asylum: Definition of "refugee" under U.S. law and international law; meaning of "nonrefoulement"; over-seas refugee programs; political asylum and the "well-founded fear of persecution" requirement; detention and interdiction of asylum seekers.
Ethical Discussion Issues: New asylum claims based on gender.

SESSION 6 – Conclusions: Community meal. Reflection on the Iona ln Mlsslon experience and preparation for the service placements. Viewing of movie, El Norte.

EXPERIENTIAL ACTIVITIES IN NOGALES, MEXICO AND NOGALES, ARIZONA
A distinctive feature of this Iona in Mission Service Learning course is the fact that most of the group experiential learning will take place in Nogales, Mexico. After our preliminary sessions on campus, we will fly to Phoenix, Arizona and travel by van to the Borderlinks house in Tucson, Arizona. Borderlinks is a nonprofit organization that is concerned with educating people about the problems of life along the U.S.Mexican border. Two members of the Borderlinks staff will accompany us throughout our week in Arizona and Mexico.

In Tucson, we will meet with people who have emigrated from Mexico and other parts of Latin America. We will also have an opportunity to talk with representatives of church groups involved in the Sanctuary Movement in the late 1980s and early 1990s. Finally, we will be given an overview of recent events in Mexico from a political and economic perspective.

The next day we will travel south to Nogales, Arizona where we will cross the border (for the first time) into m-exico. A major part of our experiential learning will come from our homestays in Nogales, Mexico. We will be the guests of a number of families living in one of the many squatters· villages which have sprung up in the hills overlooking the city. Our accommodations will range from extremely modest to rough. The homes that we will stay in will most likely be built out of a combination of cardboard, cinder blocks, tires, and metal sheeting. None of the homes will have running water or functioning toilets. Some will have only one room, others may have two, or perhaps, three rooms. Most families will include at least one member who works in a maquiladora. All families will know of people who have legally or illegally immigrated to the United States. Food will be prepared by our hosts and will primarily consist of beans and tortillas. In January, it can get very warm in Nogales during the daytime—and very cold at night. This will be especially meaningful for us since our nights will be spent in sleeping bags in homes without any central heating.

During our time in Mexico, we will have the opportunity to observe the conditions which explain the push/pull factors for immigration to the United States from Mexico. We will visit at least one foreign-owned maquiladora and speak with management representatives. Later in the week we will have an opportunity to talk with maquiladora workers about their working experiences. The president of the Nogales Chamber of Commerce will meet with us to discuss the less profitable Mexican owned businesses along the border. We will also have an opportunity to go to some of the local grocery stores to find out how far a maquiladora worker·s wages can go towards purchasing staple items. In addition, we will visit one of the many squatters· villages which are growing further out from the center of the city . . . where less crowded living space is exchanged for greater isolation and more danger at night. We will also meet with Mexican health workers to discuss the medical consequences of the environmental pollution in the region. Finally, we will have contact with union organizers and religious workers.

While in Nogales, Mexico, we will cross back over the border a number of times for meetings with officials of the United States government including representatives from the Immigration and Naturalization Service, Customs, and the Border Patrol. They will talk about the responsibilities of their particular agencies and the concerns that they have in implementing the immigration and customs laws. We will also have an opportunity to discuss some of the problems involved in patrolling a border.

READING ASSIGNMENTS
SESSION 1 READING PACKET:
"Travels Into America·s
Future- – Mexico and the Southwest," R. Kaplan, Atlantic Monthly, July 1998

"To Live in the Borderlands Means You . . . ," by G. Anzaldua

"Snapshots from the Edge: A Report from the U.S./Mexican Border," K. Clarke, Salt of the Earth, May/June 1997
Map of the U.S.-Mexican border region from The Troublesome Border, O. Martinez

"Useful Statistics on Mexico," Human Rights Watch

"NAFTA·s Impact on Mexican Agriculture and Rural Life," S. Suppan, Institute for Agriculture And Trade Policy

"Chiapas: An Uprising Born of Despair," M. Renner, World Watch, Jan./Feb. 1997

SESSION 2 HELEWITZ: Chapter 1, History and Administration of U.S. Immigration Law, pp. 1-50.
SESSION 3 HELEWITZ: Chapter 2, Citizenship and Nationality;
Chapter 3, Immigrant Categories; Chapter 4, Nonimmigrant Categories; Chapter 5, Admission to the United States; and Chapter 6, Removal Prior toEntry into the United States, pp. 51-146.

SESSION 4 READING PACKET:
"It·s a Secret: Economics Is All About Values," E. Teninty, Equal Means, Winter 1991

"Clinton, NAFTA and the Politics of U.S. Trade," K.· Hansen-Kuln, NACLA Report on Americas, Sept./Oct. 1997

"The Failed Experiment: ~NAFTA at Three Years," Institute for Policy Studies, 1997

"The Border," G. Smith and E. Malkin, Business Week, May 12, 1997

"The Gilded Cage: The Allure of Nogales Maquillas After the Peso Crash," J.E. Reilly, The Tucson Weekly, Dec. 5-11, 1996

"Factory Tests for Pregnancy in Mexico Draw Criticism," T. Steller, The Arizona Daily Star, Feb. 1, 1998

"Making Links Across the Border," D. La Botz, Labor Notes, Aug. 1994

"Union Vote in Mexico Illustrates Abuses," S. Dillon, New York Times International, Oct. 13, 1997

"Bridging the GAP: Exposing the Labour Behind the Label," B. Jeffcott and L. Yanz, Our Times, Feb. 1997

"To Explore NAFTA·s Future, Visit Nogales," National Catholic Reporter, Jan. 7, 1994

"Bashing Immigrants Won·t Save Environment," Gomez, San Francisco Chronicle, Nov. 17, 1997

"Masters of the Game—How the U.S. Protects the Traffic in Cheap Mexican Labor," W. Graham, Harpers Magazine, July 1996

"Baiting Immigrants—Women Bear the Brunt," J. Light, The Proqressive, Sept. 22, 1996

"Who·s Killing the Women of Juarez?," C. Bowden, Talk, Sept. 1999
SESSION 5 HELEWITZ: Chapter 8, Refugees and Asylum, pp.147-172.

SESSION 6 READING PACKET, "INS Bigger than FBI, Prisons Bureau," I. Ibarra, The Arizona Daily Star, Jan. 27, 1998

"U.S. Border Patrol/Tucson Sector Productivity Recap 1991-1996;" U.S. Border Patrol, 1997

"America Puts Up Chain Links Along a Once Friendly Border," H. La Franchi, The Christian Science Monitor, Feb. 13, 1996

"Militarizing the Border," Covert Action Ouarterly, Spring 1996

"Borderline Shootings: Two Cases This Year Raise Questions About Military·s Role on Rio Grande," T. Herrick, Houston Chronicle, June 22, 1997

"Border Patrol Reinforcements to be Sent to Porous Sectors," W. Branigin, The Washinaton Post, Oct. 8, 1997

"Churches· Call to ’Love the Stranger· Includes Illegal," D. Ramirez, Arizona Daily Star, Feb. 17, 1995

"A Catholic Framework for Economic Life," Bread for the World (1998)

"AFSC Perspectives on Immigration Policy," American Friends Service Committee, July 1997

SERVICE LEARNING ACTIVITIES IN THE UNITED STATES
The service component of this course may be satisfied in a variety of ways. Possible placements will include:

1. Catholic Charities, Immigration Department, N.Y., N.Y.
Students interested in the legal processing of claims may assist staff attorneys by completing in-take applications for clients and by doing research on country specific claims for asylum.
2. Lawyers· Committee for Human Rights, N.Y., N.Y.
Students interested in issues involving refugee and asylum cases may volunteer to work on specific regional issues.
3. The Center for Immigration Rights, N.Y., N.Y.
Students interested in legal process issues may volunteer to be court watchers at removal hearings.
4. Bonita Springs Project, Bonita Springs, Fla.
Students interested in working with migrant workers may spend spring break working with the Christian Brothers· community in Florida.
5. Iona College After School Program, New Rochelle, N.Y.
Students interested in working with immigrant families (many of whom are from Mexico) may become involved in language and naturalization tutoring programs.

Lawyering Skills

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(Taught Fall and Spring quarters every year)

1. Skills + Civil Clinic (or + Defenders)
2. Needed service. Students work in pro bono and poverty law offices, serving poor, elderly or disabled individuals with basic legal needs.
3. Service subject matter relation. Students learn interactive lawyering skills (e.g. how to counsel clients) and perform the skills as part of their service.
4. Class contemplates learniing through service. Class includes discussion of skills, including experiences in placements, and paper regarding placement experiences.
5. Credit/assessment of learning from service. Class requires paper regarding skills in light of experiences in placement using skills, and paper is graded.
6. Service recipients evaluate service. The supervising attorneys must evaluate the students' work, and sometimes the clients served are also offered an opportunity to evaluate.
7. Service develops civic education. All placements are public interest law offices, and students see poor and disabled clients.
8. Knowledge enhances service. Skills class provides model for skills in preparation for service.
9. Learning from other class members. Students present papers regarding their experiences and relation of experience to course theories to small groups in the class.
10. Criminal Clinic Defender Component
11. Needed service. Students work in public defenders law offices, serving poor persons accused of crime and entitled to a free lawyer.
12. Service-subject matter relation, Students learn criminal trial skills and perform the skills as part of their service.
13. Class contemplates learning through service. Class includes paper requirement, and paper could be written with this focus.
14. Credit/assessment of learning from service. Class requires paper relying upon experiences in placement, which is graded.
15. Service recipients evaluate service. The supervising attorneys must evaluate the students' work.
16. Service develops civic education. Placement is public defender law offices, and students see criminal justice system in all its glory.
17. Knowledge enhances service. Criminal Process Class provides instruction in criminal law and Trial Advocacy class provides instruction in trial skills in preparation for service.
18. Learning from other class members. Students COULD present papers regarding their experiences and relation of experience to course theories to entire class.

TEXTS
Required:
Binder, Bergman & Price, Lawyers as Counselors (1991) Gifford, Legal Negotiations (1989)
Utah Rules of Professional Conduct (Handouts in Copy Center) Short Handouts (Copy Center)

EDUCATIONAL GOALS AND METHODS
This class has four educational goals:

* to learn theories and models for lawyering skills, focusing upon interviewing, counseling, negotiating, and problem-solving
* to be able to plan and execute these skills
* to accurately critique one's own and others' performance of these skills
* to criticize, support, or alter the theories based upon one's own experiences, observations and analysis.

We will follow this approach:

* The texts present theories about lawyering skills and models of "good lawyering" We will discuss and observe videotaped lawyering performances in class. Students will perform the lawyering skills in role play exercises. We will videotape some of these exercises and use them for further discussion in class.
* Students will be videotaped in mock interview, counseling, and negotiating sessions. These tapes are then privately critiqued and graded
* Students will observe and perform most of the skills with actual clients during either Fall or Spring Semester. You may acquire live lawyering experiences in one of the following ways: Civil Clinic (2 or 3 cr., either F or S) Criminal Clinic (6 cr. F and S) Private Employment or Volunteer work with an office that provides attorney supervision and in which the lawyer allows the student to be directly involved with clients (interviewing, counseling) or with opponents (negotiating) or to participate in investigation, discovery or strategy sessions in on-going cases.
* Finally, students will meet in small groups to discuss your lawyering experiences. You will write and present analytical papers that criticize, support, or alter the theories about lawyering based upon the live lawyering you have observed and experienced. Students participating in live lawyering experiences during Fall Semester will meet during the last two weeks of Fall Semester. When students have committed to participate in live lawyering experiences during Spring Semester, they will meet for presentation and discussion during weeks 10-13 of Spring Semester and will receive a grade of "T" (Thesis in process) in the interim.

COURSE REOUIREMENTS
In order to receive credit, the following assignments must be completed. Grades will be based upon these assignments:

Videotaped Session of Interviewing
Videotaped Session of Counseling
Videotaped Session of Negotiating
Outline(s) for Counseling and/or Negotiating Session(s)
One paper analyzing a theory about a skill based upon clinic experiences) and readings.

Performance of roleplays (both as attorney and client) and critique of fellow students.
Regular class attendance and participation. (Unexcused absences may negatively affect overall grade for the course).

LAWYERING SKILLS CORNERSTONE SCHEDULE

DAY DATE SUBJECT/MEETING
Mon. 8/24 Introduction & Role Plays
Wed. 8/26 Interview Structure
Mon. 8/31 Theory Development in Interviews
Wed. 9/2 Interview Role Plays
Mon. 9/7 LABOR DAY — NO CLASS
Wed. 9/9 Interview Techniques and Discussion/Feedback
Mon. 9/14 Interview Role Plays
Wed. 9/16 Feedback and Discussion Problemsolving
M-T 9/21-22 Videotaped Interview Sessions'
W-F 9/23-25 Videotape Viewing & Critique
Mon. 9/28 Counseling Structure
Wed. 9/30 Counseling Role Plays
Mon. 10/5 Counseling Techniques and Dicusion/Feedback
Wed. 10/7 Counseling Role Plays
Mon. 10/12 Discussion/Feedback and Difficult Clients & Lawyers' Personalities
Wed. 10/14 Interviewing & Counseling for "Doing Deals"
Th-F. 10/15-16 Videotaped Counseling Sessions'
10/19 – 10/23 FALL BREAK,
Mon. 10/26 Negotiation Strategy & Planning
DAY / DATE SUBJECT/MEETING READING ASSIGNED
Wed. 10/28 Negotiation: Opening to Settlement Gifford Ch. 6l7f8l9 Video Material and Mini Role Plays
Mon. 11/2 Negotiation Role Plays Role Plays –Negotiation I
Wed. 11/4 Discussion/Feedback No New Reading
Mon. 11/9 Negotiation Role Plays Role Plays –Negotiation II
Wed. 11/11 Discussion/Feedback & Mediation Gifford Ch. 11
Mon. 11/16 Negotiation Role Plays Role Plays–Negotiation III
Wed. 11/18 Discussion/Feedback No New Reading
Th-F 11/19-20 Videotaped Negotiation Sessions Role Plays to
be Distributed
Mon. 11/23 Groups A & B Meet & Discuss Presenters submit Draft Papers
Wed. 11/25 Groups C & D Meet & Discuss Presenters submit Draft Papers
Thur. 11/26 THANKSGIVING
Mon. 11/30 Groups A & B Meet & Discuss Presenters submit Draft Papers
Wed. 12/2 Groups C & D Meet Presenters submit Draft Papers
Mon. 12/7 NO CLASS

Videotaped session of interviewing will be scheduled throughout these days with students serving as "clients" and "attorneys" for one another. Videotapes will be viewed, critiqued (and graded) with Linda Smith during the remainder of the week in Linda Smith's office (Room 117). Viewing will take approximately an hour per student and will be held as scheduled. No other class meetings will take place during the week.

Videotaped session of counseling will be scheduled throughout these days with students serving as "clients" and "attorneys" for one another. Videotapes will be viewed, critiqued (and graded) with Linda Smith during the following week(s) in Linda Smithis office (Room 117). Viewing will take approximately an hour per student and will be held as scheduled.
3 Videotaped session of negotiating will be scheduled throughout these days with students serving as "attorneys" opposite one another. Videotapes will be viewed, critiqued (and graded) with Linda Smith during the following week(s) in Linda Smith's office (Room 117). Viewing will take approximately an hour per session, and students may see their videotapes with their "opposing counsel" or individually as they so schedule.

ADDITIONAL READING
The following books, are recommended as additional reading:
Bastrass & Harbaugh, Interviewing, Counseling & Negotiating (1990) Bellow & Moulton, The Lawyering Process (1978) Berger, Mitchell & Clark, Pretrial Advocacy (1988) Binder & Bergman, Fact Investigation (1986) Brown & Dauer, Planning by Lawyers (1978) Fisher & Ury, Getting to Yes
Goldberg, Green & Sander, Dispute Resolution (1985) Haydock & Herr, Discovery: Theory, Practice & Problems Haydock, Herr & Stempel, Fundamentals of Pretrial Litigation Hartje & Wilson, Lawyers' Work (1984)
Mauet, Fundamentals of Trial Techniques (1980) Mauet, Fundamentals of Pretrial Techniques (1988) Riskin & Westbrook, Dispute Resolution and Lawyers (1987) Williams, Legal Negotiation & Settlement (1983)

PREPARATION
The role playing exercises are the "laboratory" where we test the lawyering theories and learn about our individual propensities in assuming the professional role of lawyer. Accordingly, it is crucial for each student to prepare the assigned role play exercises. Failure to prepare the "lawyer" role will make the exercise of little value; failure to prepare the "client" or "opposing attorney" role will prevent your partner from having a meaningful learning experience.

VIDEO NEEDS
You will be instructed about scheduling your individual videotaping session and critique sessions at the appropriate time. Darrell Brewer in the front office 581-6833 oversees the videotape scheduling. He will maintain the videotape schedules and should be contacted with any scheduling needs or problems.

OFFICE HOURS
Please feel free to contact Professor Smith in her office (Room 117) whenever she is available or call her at home. You may make an appointment with Professor Smith personally or by writing your requested appointment time on the office door. (If she is unavailable at the requested time, she will put a note in your mail box.)

Safety/Risk Management/Sport Law in PRTM

tdomf_26a6d — Mon, 29 Jan 2001 00:00:00 +0000

Text:
Wilde, Jesse & Cotton, Doyice. Sport Law for Sport Managers. Dubuque, IA: Kendall/Hunt Publishing Company, 1997.
National Dropout Prevention Center. Pocket Guide to Service Learning. 1995

Purpose of the Course: The purpose of this course is to provide the student with an understanding of the legal issues involved in the supervision, management, and conduct of sport and recreation.

Objectives for the Student:
1. To understand the nature of the American legal system and its relationship to governing bodies in sport and recreation.
2. To be cognizant of the potential liability for injuries in the supervision, management, and conduct of sport and recreation, and of strategies for limiting liability.
3. To understand the rights and responsibilities of management, employees, participants, and clientele, and the potential for management liability.
4. To know the basic components of a risk management plan and be able to apply them to a given sport or recreation setting.
5. To be able to apply selected legal principles to cases involving civil rights and civil liberties of personnel, participants, and clientele. Particular application is made to civil rights of women, minorities, and persons with disabilities.
6. To increase awareness of current legal issues in sport and recreation.
7. To learn to think critically and analytically about the mutual interaction between the law and society.

Policies & Procedures
Overview of Course Content Assessment
Intro to American Legal System 20%
Midterm Exam 1 (terminology & concepts)
Trial summaries and case analysis 20%
Midterm Exam 2 (application of legal principles to scenarios)
Proactive Risk Management 40% Service Learning Project:
Oral Presentation = 10%
Written Segment of Risk Management Plan = 10%
Plan Segment End Product = 10%
Field Notes = 5%
Group Participation = 5%
Reactive Risk Management 10%
Mock Trial Participation and Journal
10% Final Exam (executive summary and reflective essay)
____
100%

Attendance and Due Dates
Attendance will be taken on a regular basis; however, the purpose for taking attendance is to document your attendance rather than penalize your absence. There is a strong connection between class attendance and comprehension of material and grade performance. Make-up exams and acceptance of late work will be allowed for excused absences only. Excused absences must be cleared with the Gwynn in advance, unless a doctor·s note is provided after an unexpected illness. Students participating in university-sponsored extracurricular activities (including intercollegiate athletics) must bring notification of class days to be missed at least one week in advance of the event in order for the absence to be excused.

Service Learning Project
Service Learning Community Partners:
Instructor will identify two agencies willing to serve as partners with the class in a risk management project. Any student will have the option of identifying their own agency, submitting a proposal and working alone or in pairs, but they will need to complete the entire project rather than a segment.

Service Learning Project Description:
Work with an agency to complete a risk management assessment and develop a written risk management handbook, oral presentation of the project, executive summary for the Community Partner, presentation for the end-of semester celebration, and one other end product depending upon segment completed.

Service Learning Groups:
Half the class will work with each agency in sub-committees of 3-4. Each group will be responsible for a different segment of the risk management process, and upon completion will pass their portion on to the next sub-committee for further work. Students will be able to rank their choices of agency, segment of the plan they would like to work on (be sure to read end-product requirements). The instructor will then create student groups based on these rankings.

Service Learning Products which all students must complete:
Risk Management handbook containing the requested items (done on CLE with color codes)
20-minute Presentation to the class
Executive Summary for the Community Partner
Presentation for the celebration of the service learning collaborative
Service Learning End Products which student must complete depending upon segment of risk management process completed:
Facility: detailed map and site assessment
Human resources (employees): staff training presentation video
Human resources (participants): policy & procedures manual
Programming and Transportation: accident/incident reports and programming/transportation plan
Marketing and Public Relations: press release and either public service announcement or newsletter articles or internal memos for employees

Risk Management Plan Segments
The structure of the risk management plan MUST conform to guidelines that will be provided at a later date. This paper will be evaluated for thoroughness in identifying risks and planning risk reduction strategies, as well as for careful and effective written presentation. If feedback from a group indicates that a group member did not put forth an equitable amount of effort, the instructor reserves the right to assign that person a lower grade.
Budgets:
Through a grant from the Service Learning Collaborative, we have $500 to support our work. It can be used for supplies, mileage, etc. Each group will need to submit a budget for approval prior to spending any money, and if the budget is approved, receipts will be required for reimbursement.
Final Exam:
A key component in learning is the reflection on what has been accomplished. Your field notes and the final exam will provide opportunities to express your understanding, application and plans to use the information in the future.

Course Outline:
WORK TOPIC / READING DUE

Jan 13 Introduction to risk management and service learning

Jan 18 Introduction to American Legal System ch. 1.10
A. structure
B. anatomy of a lawsuit

Jan 20 Overview of Service Learning Project ch. 2.50
A. organizations
B. concepts
C. projects

Jan 25 Contracts ch. 3.00
A. elements of a valid contract
B. employment contracts
C. athletic scholarships
D. game/event-related contracts

Jan 27 Trespass/Nuisance/Intentional Torts ch. 2.40

Feb 1 Negligence & Product Liability ch. 2.00-2.30
A. elements of negligence
B. defenses to negligence
C. sport and recreation management applications
D. product liability

Feb 3 Civil Liberties ch. 4.00-4.15
A. drug testing ch. 4.26
B. freedom of speech ch. 4.23
C. freedom of religion ch. 4.28

EXAM 1 FEB. 8

Feb 10 Risk Management ch. 2.50
A. risk management planning
B. operational reduction of risk
C. financial management of risk

Feb 15 Service Learning Project Work Plans
CLE clinic

Feb 17 Civil Rights
A. Race & Gender ch. 4.24-4.25
1. equal protection
2. Title VII

Feb 22 Service Learning Report Facility Presentations

Feb 24 Civil Rights (cont.)
A. Pregnancy
B. sexual harassment

Feb 29 Civil Rights (cont.)
C. Title IX
E. Disability ch. 4.27, 5.70

March 2 Civil Rights (cont.)
F. HIV+ status

March 7 Service Learning Report Human Resource Presentations
March 9 Mock Trial
March 14 Mock Trial
March 16 Mock Trial
March 20-24 Spring Break
March 28 Mock Trial Jury Deliberations
March 30 Service Learning Report Programming/Transportation Presentations
April 4 Trial Summaries and Case Analysis
April 6 Trial Summaries and Case Analysis
April 11 Exam 2
April 13 Advertising/Trademarks/Copyright ch. 5.30, 5.40
April 18 Service Learning Report Marketing/Public Relations Presentations
April 20 Criminal Law
April 25 Bribery, gambling, ticket scalping ch. 5.12
April 27 Player violence ch. 5.11

FINAL EXAM This syllabus is as accurate as possible at this time, any changes will be discussed in class and communicated through e-mail. It is your responsibility to check your university e-mail account at least once a week.

Land and Water Law

tdomf_26a6d — Fri, 26 Jan 2001 00:00:00 +0000

This course is designed for students preparing for careers in natural resource management. Students who successfully complete this course will have a better understanding of the legal and policy contexts in which natural resource managers function. The course is organized around the following five learning outcomes.

A. Knowledge outcomes. Students will demonstrate basic knowledge and understanding of:
Outcome 1 – American property law with particular focus on water and land use regulation;
Outcome 2 – Legal approaches to conserving private lands;
Outcome 3 - Policy dilemmas facing federal land managers.

B. Skills outcomes. Students will practice and demonstrate abilities to
Outcome 4 – develop solutions to a local water resource problem by applying legal knowledge in a collaborative exercise;
Outcome 5 – present relevant information in an organized and persuasive manner, both orally and in writing.

Course requirements
A. Wakeful attendance is required, the early hour notwithstanding. Active participation in class discussions, exercises and presentations is encouraged a discuss and expected. I follow format (and rarely lecture), so assigned readings must be completed before attending class. This preparatory reading requirement will be enforced through regular quizzes. Late work will be downgraded one letter per day of tardy delivery.

B. The course schedule (see below) lists the due dates for all reading assignments, quizzes, examinations, projects and presentations. You should expect some additional unannounced quizzes, especially in response to displays of inadequate preparation and/or minimal participation – better to come prepared and to participate!

C. There are four required texts. Additional reading materials will be distributed in class.
S. Buck, Understanding Environmental Administration and Law, 2d.
W. Weeks, Beyond the ArX: Tools for an Ecosystem Approach
B. Lind, The Conservation Easement Stewardship Guide
S. Yaffe, The Wisdom of the Spotted Owl: Policy Lessons

D. In the middle third of the course, you will be asked to help develop solutions in an ongoing local water resource project, known as "The Lake Winnecook Project. Working collaboratively (in teams of two) on specific assigned problems, your solutions will be incorporated into a "Conservation and Legal Guidebook" scheduled for publication early next year.

E. Final grading will be distributed as follows:
attendance and participation 20
10 quizzes 20
1st exam 20
Lake Winnecook projects 20
2nd exam 20
total 100 points

A requires 9O+ accumulative points, B requires 80+, C requires 70+, and ~ requires 60+. This is a challenging course designed for juniors and seniors who have developed a capacity for intensive, focused effort. I will be happy to discuss your progress in the course at any point in the semester.

LAKE WINNECOOK RESEARCH PROJECTS

1. Working in teams of two students each, the class will conduct research and write reports on six different issues. All issues have been requested by the Lake Winnecook Project's community partners. Your work will provide a valuable service to the community, and quite probably to other Maine communities working on water quality issues. Your work will be edited and joined with the work completed by students in last year's Land and Water Law class in a citizens guidebook on the law and conservation of lakes.

2. The six project problems are:

A. Restoration of shorelands – local and state regulations + best management practices

B. Camp roads (private ways) – statute and case law + forming road associations + bmp

C. Water discharges and removals – septic system regulations + removal law

D. Agricultural and Timber practices – regulations + best management practices

E. Lake recreation – regulations of watercraft (jet skis) + floats docks public access

F. Water level management – law on permanent structures + Temporary flashboards

3. Each team will receive a packet of background information on the project. Teams will be responsible for conducting further research on the laws and conservation practices related to the project. This will involve use of the library, internet, interviews with experts in water management, and interviews with community partners. All information gathered will be turned in and reviewed at the end of the projects.

4. Once the relevant information has been gathered, teams will write reports that explain the legal aspects of the assigned water management problem, and the recommended best management practices related to that problem. Reports need not be lengthy, but they must be thorough and accurate according to the current state of the law. A first draft of your report, including supporting evidence, is due October 19.

5. Each team will present in class a preliminary report (on October 21), and a final report (on November 2 for projects A, B & C, and on November 4 for projects D, E & F). On the day of final reports, each team will turn in the final written report with supporting evidence in a project folder. All reports should be delivered on paper and on a clearly marked diskette (diskettes will be returned).

6. Normally, grades are given to the team. The instructor may lower the grade of a team member who has failed to provide a significant contribution to the success of the project.

LAKE WINNECOOK TEAM ASSIGNMENT

1. Review the contents of your packet. It contains samples of three different kinds of information relevant to solving your problem – statute law; agency regulations; general information, usually including suggestions for best management practices.

2. Once you understand the contents of your packet, you will need to conduct further research on the law and regulations. You need to confirm whether the legal information in the packet is complete, whether it is current (up-to-date). By design, it probably is not complete, and may not even be current. You can complete this legal research in two places: in the red volume statutes (M.R.S.A.) located in the reference area of Quimby Library; and over the internet. Once you find relevant and current statutes and regulations, download the key provisions for future reference. You may need to discuss your research with an expert at DEP or another agency in order to clarify a key point.

3. Using the law & regulations in your packet together with the law & regulations located by your research, write a summary of it that explains the purposes, key definitions, prohibitions, and basic procedures.

4. At the same time you are working on the legal research, you need to educate yourself further concerning the best management practices relevant to your problem. Supplement the information in the packet with research in the library and internet. Ask yourself if any of the concepts we are studying in Beyond The Ark might be useful in formulating a best management approach to the problem. Write a summary of this information.

5. Written summaries of law, regulations and best management practices are due October 19.

6. Once you have completed your basic research, contact the community partner to discuss how it relates to the specific conditions found in the Lake Winnecook watershed. If the law and best management practices are fairly simple, your project may evolve into an action plan. To complete an action plan, you will need to conduct a field investigatian of the conditions and extent of your problem, and probably interview more than one community member.

7. Final reports are due November 2 or 4.

PL3233 Land & Water Law
CAMPROADS PROBLEM

Camproads have long been recognized as one of the biggest nonpoint source-contributors to nutrient problems in lakes. The problem involves both legal and bmp aspects. Lega1 issues include liability (who is responsible), creation of associations to address maintenance issues, and regulation by the towns and the state. While statutes and regulations exist (see packet for a sampling), some aspects of this problem involve researching the case law on property rights in "private ways."

The Friends of Lake Winnecook members who have expressed interest in the camproad problem include Jerry Cinnamon and Rick Kirsbergen and Walter Edgecomb. The FOLW "needs list" recites the following: "Camproads: inventory, classification, maintenance & remediation, as nutrient sources (particularly phosphates), siting and permitting new roads, culverts, specifications for construction with turnouts, listings of construction companies, workshops with Waldo County Extension, legal assistance organizing camproad associations." As you can see, this list is a mixture of inventorying, monitoring, legal issues, and best management practices. You are only responsible for the legal and bmp issues.

Land & Water Law
Restoration of Shorelands.

There is growing interest in initiating small restoration projects around the Lake Winnecook watershed. As we now know, any activities, even well-intentioned ones, is potentially regulated under the Natural Resources Protection Act and the Shorelands Zoning Law. Your task will be to determine which activities can he conducted in which locations – without permits, with "permits by rule" and with "permits by application." Once you complete this legal review, you can explore the best management practices literature, searching for the practices that can be implemented within the three permit categories.

Our community partners have asked for information about permits for shore rip-rap, guidelines for shore planting, vegetation enhancement and removal, and similar activities. Elizabeth Huard and Max Gillette are both members of Friends of Lake Winnecook who are particularly concerned about these issues. Also, Rick Kirsbergen of the Waldo County Extension Service is initiating a community effort to train local citizens (including Unity students) in restoration work. Your project will be most helpful if you can gain an understanding of current conditions around the lake and watershed, and the likeliest places people want to begin with restoration work.

Land & Water Law
Water discharges & removals

There are not supposed to be any point source discharges into lakes (great ponds). However, problems with septic systems persist – students have found several e cold hotspots around the lake that may be due to illegal discharges or defective septic systems that are leaking into the lake. Your task is to understand the regulations (see packet), especially on requirements for replacing defective systems.

Other "discharges" include storm water and soil erosion. Some of this kind of discharge has been noted coming from temporary activities like construction sites. How are these regulated?

Water removals can be for a number of purposes – drinking water, irrigation water, tanker trucks for swimming pools or other bulk uses, etc. Which of these are regulated?

One of the members of the Friends of Lake Winnecook, Fred Schlapp, has expressed a particular interest in these issues. After you have conducted your basic legal research, talk to him about the specific concerns about Lake Winnecook discharges and removals.

Land & Water Law
Agriculture & Timber practices

Generally speaking, special laws and regulations to protect water quality have been developed for commercial farming and timber harvesting. Thus the Maine Natural Resources Protection Act and the Mandatory Shoreland 20ning Law both contain some exemptions for these commercial activities. Your primary task will be to inventory the primary sources of regulation of agricultural and timber practices, sorting out the important regulations from the fairly peripheral ones. While the packet provides a beginning, it is by no means complete, especially regarding nonpoint source pollution from farming. Fairly early in your research, I suggest you contact the Waldo County Extension Service (try to speak with Rick Kirsbergen -he lives on Lake Winnecook and is aware of this project).

Land & Water Law
Lake Recreation

Recreation on and around the lake involves a variety of legal issues. One is public access – where & under what circumstances can people get to the lake? The town of Troy has no public access – does this create problems? Another is boating, especially jet skiis. Who can regulate boating? For what purposes can boating (or snowmobiling or trucks on ice) be regulated? Are there "no wake" zones? Wildlife habitat zones? What about location of docks and floats and boathouses and "improvements" for swimming areas and temporary camping equipment? What state or local regulations apply to them? Lake recreation can also involve social tensions between riparian owners and members of the public. Who enforces or mediates any disputes?

The information in your packet is a mere sampler. When conducting legal research, you should know that a lake is called a "great pond," that a jetski is a kind of "personal watercraft", and that game wardens probably know more about this subject than most other officials.

Land & Water Law
Water Level Management

Lake Winnecook presently has no dams at its outlet, so any existing water level management exists in connection with its inlets, e.g. Carlton Bog dam. At some time in the past there wa evidently a dam near the outlet (25 Mile Stream). Some lake residents believe that water quality could be improved if a dam were restored at the outlet, and then operated to "raise" and then to "flush" the lake. Others recall the use of flashboards at Prairie Road. The legal aspect of your research is to determine the permitting process for any water level management activities contemplated for the lake – be assured that this will be somewhat complex and will involve-all levels of-government. You also need to learn about the potential benefits of managing water levels, including erosion control, flushing potential, fisheries, etc.

Your community contact for these issues is Mr. Andy Reed. I suggest you speak to him fairly early in your research in order to understand the background and specific ideas that local people have on this subject.

STUDENT EVALUATION OF LAKE WINNECOOK PROJECT
The Lake Winnecook project provides Unity students with opportunities to serve the local community while they are learning. Your evaluation of your participation in the project will help to improve it. On behalf of the lake and its friends, thanks again for helping out!
1. The part of the learning portion of the project that I liked most was…
2. The part of the learning portion of the project that could be improved was…
3. The part of the service portion of the project that was most meaningful to me was…
4. The best advice I could give to other students concerning their participation in the project is…