Sessions Information

  • May 11, 2022
    2:35 pm - 3:35 pm
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: N/A
    Floor: N/A

    Group #1 Pedagogy - Teaching Justice

    · Prism Advocacy: Refracting the White Light in Asylum Law

    Kaci Bishop, University of North Carolina School of Law

    “But as attorneys, don’t we have a duty to play the game?” A student asked me this question when we were exploring the pervasive client narrative in asylum law: that of a helpless victim fleeing an evil country to be saved by the U.S.—and the ethics in propagating that narrative. My reply: What is our duty to change the rules of the game?

    Playing the game often means zealously going for the win regardless of cost, including sustaining stereotypes and risking a client’s dignity, such as casting our clients in a distorted, unidimensional white light of being a victim in need of rescue. But with asylum, playing the game rarely means winning. So, what can we do to change the game?

    While systemic interventions may be required for substantial change, this article focuses on the potential change effected through direct representation—and how we can teach students to mine this potential. The article engages with the perennial conversation about the tension in serving our clients and serving the cause. It also draws on elements from critical race and feminist theories to provide students and asylum advocates with additional tools and lenses for interrogating their own identities, gathering details from their clients, and building alternative case theories and narratives. Together, these tools and lenses form a prism that helps students refract the white light in which we view and cast asylum cases, expanding their understanding of what might be possible in terms of advocacy and changing the game.

    · Teaching Doctrine for Justice Readiness

    Amanda Levendowski, Georgetown University Law School

    Clinics strive to teach students lawyering skills. But clinics should also teach students how to use those skills to confront injustice and promote justice, an approach Jane Aiken refers to as “justice readiness.” Casework for clients presents many opportunities for students to become justice ready, but not all matters do so equally. Some matters involve injustices in one area of law while leaving others untouched. Others don’t connect with broader themes of injustice. And some don’t require creative advocacy for justice. Casework remains a powerful driver of justice readiness, but it cannot do the job alone.

    Teaching students doctrine through a social justice lens can bridge the justice readiness gap. This essay introduces two new pedagogical approaches cultivated within Georgetown’s new Intellectual Property and Information Policy Clinic that do just that: Doctrine x Social Justice and Deep Dives. Doctrine x Social Justice uses cutting-edge social justice case studies that illustrate themes of injustice and creatively explore lawyers’ bending the law toward justice to teach underlying doctrine in nine substantive areas of intellectual property law and information policy, setting students up to observe themes of (in)justice within the field. Deep Dives empower students to create their own Doctrine x Social Justice sessions by using current issues of law and policy to explore underlying doctrine. Together, these approaches provide a fresh way of teaching doctrine for justice readiness.


Session Speakers
University of North Carolina School of Law
Works-in-Progress Presenter

Seattle University School of Law
Discussant

Georgetown University Law Center
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.