Lessons Learned from “Divisive Concept” States: Teaching Across a Spectrum of Resistance and Resilience.

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Session Type: Concurrent Sessions

Session Capacity: N/A

Location: Marriott St. Louis Grand

Room: Landmark 1

Floor: Ground Floor, Conference Plaza

Law schools located in states that have “divisive concepts” laws face a unique set of challenges. Our students have a wide range of experiences and varying comfort levels regarding talking about race, acknowledging biases, admitting mistakes, and identifying teachable moments. In addition to incorporating racial justice, identity, and positionality into clinical pedagogy, professors must confront the climate that divisive concept legislation creates while centering ABA Standard 303(c).

This session will address how we teach across a spectrum of resistance and resilience. Specific attention will be given to clinicians who face scrutiny due to states’ divisive teaching laws. This session speaks to all clinicians who want to be in conversation about how to improve weaving racial justice throughout their clinic and supports those clinicians with unique challenges. Inspired by the “Third Party Interrupter” tools and lesson, created and used by Kristin Henning, clinicians will explore how to both interrupt resistance and build resilience both in and from student attorneys.

Using a variety of teaching modalities, such as small group activities, interactive discussions, and experiential activities, the presenters will engage the audience in developing alternative foundations for anti-racism teaching grounded in ABA Standard 303.  Clinicians attending this session will refine responses that address bias and acquire knowledge on how to incorporate racial justice into clinical pedagogy.  This session will include dissemination and a discussion of survey results, small group discussions and brainstorming, and collaborative generation of resources and tools. As a result, clinicians will also obtain techniques that can be implemented into the classroom, supervision, rounds, and courtroom settings.