Over the past several years, crises and reform efforts have resulted in a slew of new laws and policies. Some redress injustices in the legal system, like compassionate release, and some multiply injustices like the previous administration’s harsh immigration policies. Because these laws are created quickly in response to a crisis, they often lack instruction on applying the laws. Furthermore, because they are so new, courts have not yet interpreted them, leaving practitioners with little precedential guidance. As clinicians, these laws have great pedagogical value due to the creative scope they allow students. On the other hand, the lack of guidance produces unique challenges for law students who are still learning lawyering basics. Students are spooked by the lack of concrete legal requirements and intimidated by the wide range of choices.
The goal of this discussion session is to unpack the pedagogical challenges and benefits of cases where the law lacks form or structure and to provide a framework for supporting students as they face broad questions of strategy, narrative, client-centeredness, and equity.
The session will open with a brief overview of the context and themes of the unprescribed laws, and our experiences teaching and supervising in those circumstances. The participants will then engage in small group discussions to develop pedagogical strategies.