CHILDREN & THE LAW

Spring

LW 640 3 Credits

Instructor: Leslie Harris

Topics covered include: The constitutional framework for allocating power to make decisions about children among parents, children and state agents; control of education; the child welfare system (juvenile court jurisdiction in abuse and neglect cases, foster care, and termination of parental rights); legal solutions to conflict between adolescents and their parents; and the juvenile system (juvenile delinquency).

Students may take an open book, take-home exam or write a research paper in lieu of an exam. The paper, which may be used to satisfy either writing requirement, must be of the scope and quality required to satisfy the comprehensive writing requirement.

Exam: Take-home

DOMESTIC VIOLENCE CLINIC

Fall or Spring

LW 707 3 Credits

Instructors: Profs. Weiner, Harris and Forell

Students enrolled in this clinic represent victims of domestic violence in a variety of legal actions, including obtaining, defending and enforcing domestic violence restraining orders, and actions related to divorce and child custody. In the course of providing this representation, students investigate and develop legal and nonlegal solutions to their clients' problems, negotiate with opposing counsel, draft appropriate motions and supporting memoranda, and appear in court as needed.

Students must be third-year students in good academic standing enrolled as full-time students. Only third-year students are eligible for this clinic, and they must complete the requirements to appear in court under the third-year practice rule.

Students who are enrolled in or have completed the Domestic Violence Seminar offered fall semester will be given preference to enroll in the clinic if the clinic is over-subscribed. If there are still more students than slots available, preference will then be given to students who have taken Family Law, and then to those who have Evidence, and to those who have not yet taken a clinic. If there are still more students than slots, selection will be by draw.

Students must work at least 12 hours per week at the field placement. They must keep a daily timesheet and a journal about their externship experience. Students receive 3 hours of pass-no pass credit.

ADVANCED DOMESTIC VIOLENCE CLINIC (P/NP)

Spring

LW 707 2 Credits (Pass/No pass)

Builds on the basic Domestic Violence Clinic. Participants represent victims of domestic violence, stalking, and sexual assault in a variety of more complex legal actions, including dissolution and child custody actions. Open only to third-year students. Prerequisite: Domestic Violence Clinic.

DOMESTIC VIOLENCE LAW SEMINAR

Fall

LW 607 2 Credits

Instructor: Merle Weiner

Students in this seminar will examine the legal system's response to the problem of domestic violence and to a lesser extent, stalking and sexual assault. Students will explore both civil and criminal avenues of redress. Existing shortcomings of those responses, and proposed reforms, will be examined. In addition, students will study how domestic violence is treated in a variety of legal contexts, including in relation to child abuse, custody, visitation, mediation, parent education at divorce, relocation, child abduction, and torts. Grades will be based upon a presentation and participation in discussion.

Enrollment priority will be given to students who are enrolled in the Domestic Violence Clinic in the Fall or Spring Semester.

Enrollment Limit: 20

ELDER LAW

Spring

LW 656 3 Credits

Instructor: Leslie Harris

The topics covered will include health care decision-making (including "the right to die," living wills and durable powers of attorney for health care); planning for health care, including alternate living arrangements and financing through private resources, Medicare and Medicaid; regulation of retirement facilities and nursing homes; and protection of disabled adults through guardianships, conservatorships and related mechanisms. This class is part of the Estate Planning sequence and can be taken to satisfy one of the electives for the Estate Planning certificate. It deals with issues of particular concern to middle class people, rather than tax issues. Students will write research-based documents (legislative testimony, motion for summary judgment, etc.) and make oral presentations based on them. The papers may be used to satisfy the Basic or the Comprehensive Writing Requirement and the paper requirement for the Estate Planning Certificate. Grades will be based on class attendance, the paper, and the oral presentation.

FAMILY LAW

LW 655 3 Credits

Instructor: Merle Weiner

This survey course is an introduction to Family Law. It covers major issues including the following: marriage and its legal consequences; divorce and its financial consequences; child custody at divorce; premarital agreements, jurisdiction and choice of law issues; legal regulation of marriage; and rights of unmarried cohabitants.

The grade in the class is based on a 3-hour exam.

FAMILY LAW IN THE WORLD COMMUNITY

Not offered 2006-2007

LW 607 2 Credits

Instructor: Merle Weiner

This course will examine various family law topics from a transitional, international, or comparative perspective. Students will explore the application of various international instruments, including treaties and conventions, to transnational family law issues such as child custody (particularly international child abduction) and child support collection. Students also will use international law to evaluate states’ practices regarding family violence and reproductive freedom. Finally, students will compare various countries’ legal approaches to topics such as the regulation of marriage, support of children, reproductive issues, assisted reproduction, child rearing practices, and children’s rights. While it is not essential that students who enroll in the course have had International Law (LAW 671), it is highly recommended. It is a prerequisite that students have taken Family Law (LAW 655).

JUVENILE COURT EXTERNSHIP

Summer Only

2, 3 or 6 Credits

Instructors: Leslie Harris and Field Instructors (see below)

This externship will place one student at each of three sites: with a juvenile court judge in Multnomah County, a juvenile court judge in Linn County (Albany) and a senior attorney at Juvenile Rights Project in Portland. The judges in Multnomah and Linn Counties are well-respected judges who are quite active in statewide juvenile law reform work and who have a demonstrated interest in working with students. Juvenile Rights Project is the only law firm in Oregon that represents exclusively children; in addition to representing children in juvenile court dependency and delinquency cases, attorneys also do substantial law reform work.

Each student placed with a judge will act as the judge’s clerk, doing research, preparing for hearings, contacting counsel as needed, and observing initial hearings, trials, settlement conferences, and review hearings. He or she will also do a major law reform project at the direction of the judge.

The student placed with Juvenile Rights Project will work with a senior attorney who is involved in a significant law reform project. The student will help prepare cases, observe court proceedings, and, if a third-year student, appear in court. He or she will also work on the law reform project, which will involve legal and factual investigation, as well as analysis and writing.

This externship program will operate only during the summer.

Students must have completed at least 30 credits of law school courses and have a cumulative grade average of at least 2.00. Preference will be given to students who have completed Children and the Law.

Multnomah County Juvenile Court - The student will be at the court for 20 hours per week, with the specific hours to be chosen each by mutual agreement by the judge and the student, depending on the judge’s calendar for the week. The student will work in the court for a total of 8 weeks and receive 3 hours of pass-no pass credit.

Linn County Juvenile Court - The student will be at the court on Thursday afternoons and all day Fridays. Each week the student will go on one other day, to be chosen by mutual agreement by the judge and the student. This will be a total of 20 hours per week. The judge will be away for 2 weeks during the middle of the summer. Therefore, the student may take the externship for a total of 8 weeks and receive 3 hours of pass-no pass credit or for a total of 6 weeks and receive 2 hours of pass-no pass credit.

Juvenile Rights Project - The student will work 40 hours per week for 8 weeks and will receive 6 hours of pass-no pass credit.

The students in the placements will meet with the faculty supervisor before the externship begins to review juvenile court practice in Oregon. Thereafter, they will meet every two weeks with the faculty supervisor to discuss their experiences and issues that have arisen during their field placements. The time that they spend in these meetings will count toward satisfying the time requirements described in Part A above.

Each extern will keep a weekly journal of his or her experiences and will submit that journal, along with written work products to the faculty supervisor at intervals to be arranged with the faculty supervisor.