Loyola University Chicago

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Loyola University Chicago

Registrar

School of Law

Child and Family Law

Skills

This is a seminar course which will give the student an overview and basic understanding of the fundamental legal principles of adoption. A different adoption topic will be covered every week, including the different types of adoption, for example, domestic, international, special needs, co-parent adoptions. Social and financial aspects of adoption will be presented. Issues in reproductive technology will also be discussed including donor gametes (egg and sperm donation) and embryo donation. Students will write a paper on a topic provided by the instructor. (Bush-Joseph)

Skills

Learn everything you need to know to be a successful associate in a domestic relations firm. Most family law firms have little or no training programs. Theoretical knowledge of the law is not enough to step into a firm and start practicing. This course is designed to teach you all of the practical basics Partners want you to know as an Associate family law attorney. This course addresses the practical application of the Illinois Marriage and Dissolution of Marriage Act and related statutes. Topics will focus on developing the skills necessary to excel in domestic relations practice such as strategic planning for a dissolution of marriage case, complex financial analysis, developing and maintaining the attorney client relationship, and practical drafting skills.

Skills

Class focus will be on mediation, arbitration and other forms of Alternative Dispute Resolution, with an emphasis on learning procedural aspects of mediation and arbitration, as well as negotiation skills. This course will provide students with the opportunity to gain practical knowledge and familiarity with the different methods of alternatives to litigation. Classes will include lectures, simulations, role-playing, and outcome-based actual case studies. (Moritz)(Roethke)

Skills

Experiential Learning  

This course will explore the use of mediation in disputes involving children and families. Students will survey various models and uses of mediation and related dispute resolution processes in the following contexts: divorce, custody and visitation issues; child protection; juvenile delinquency; balanced and restorative justice; adult guardianships; youth violence prevention and peer mediation; and special education. Further, students will consider the impact of domestic violence and other impairments on the child and family mediation process. In addition to reviewing basic mediation skills, students will participate in classroom exercises designed to develop their ability to think critically about issues, as well as apply mediation strategies to dispute resolution scenarios. (Levitz, Nathanson)

Perspective Elective
Skills

This course examines the legal relationships among children, family and the state, primarily in the context of issues over which juvenile courts traditionally have jurisdiction. The subject matter is divided into two sections, the first dealing with the constitutional and statutory rights of juveniles involved in the criminal justice system and the second focusing on civil matters including neglect, abuse, termination of parental rights, adoption, and children's right to treatment issues. (Burns, Coupet, Geraghty)

This course focuses on federal and state legal and policy efforts to protect children from abuse, neglect and other forms of maltreatment.  Topics include mandatory reporting laws, liability issues, the general structure and content of child protection laws, including permanency planning and termination of parental rights. Students will explore the concept of the best interest of the child in a legal context and review laws and research aimed at promoting children’s welfare.

Experiential Learning

Skills

The Civitas ChildLaw Clinic represents children primarily in child protection (abuse and neglect), child custody and visitation, delinquency cases. Students typically work on at least two cases during the course of a semester, under the supervision of at least one member of the clinic faculty. The Clinic also includes a weekly seminar (Tuesdays from 4:00 to 6:00 p.m.), which addresses relevant substantive law, advocacy skills, and ethical issues in the representation of children. Students will be expected to master the law governing their areas of practice, as well as applicable rules of professional conduct. Students will gain experience with a range of lawyering skills, including client counseling, case planning, and written and oral advocacy. While the subject matter of the Clinic's cases focuses on children's issues, students should expect to develop skills transferrable to any practice setting. Enrollment in the clinic is limited to 16 students. Priority is given to students eligible for a student practice license under Illinois Supreme Court Rule 7-11, and permission of the Clinic instructors is required for enrollment. Civitas ChildLaw Clinic Application.

Participation in the Clinic requires both a significant time commitment and flexibility in the student's schedule. All students will be expected to attend and conduct court appearances throughout the semester, and to be available to attend to other client business during regular working hours. Students working full or nearly full time, or students who have concerns about their ability to maintain a flexible schedule, should speak with one of the members of the Clinic faculty before enrolling in the class. In addition, to avoid conflicts of interest, students may not participate in the Clinic while working for the criminal or juvenile divisions of the State's Attorney's Office, or the juvenile division of the Public Defender's Office.

Professor Bruce Boyer serves as the Clinic Director, and Professor Stacey Platt serves as Associate Director.

* Students in the Clinic for the first time must enroll for four credits and will be expected to participate fully in the classroom component. Students enrolling for a second semester will be expected to participate bi-weekly in the seminar; normally, students repeating the Clinic for a second semester take the course for three credits, but other options are available with permission of the instructor.

This course counts as a Non-Graded Course.

Students may earn up to three hours of credit by working on a targeted ChildLaw research project. The scope and subject are chosen with the guidance of a ChildLaw faculty member who directs the students. Student who wishes to register for a directed study must first contact a ChildLaw Faculty member to discuss an individual research project. (ChildLaw Faculty)

Non-Graded
Skills

This seminar serves as a capstone opportunity for ChildLaw Fellows to contextualize their interdisciplinary legal education and to explore their roles as advocates in working in and reforming the complex and evolving systems that affect children and their families. (Geraghty)

This course counts as an Experiential Learning and a Skills course.

The ChildLaw Legislation and Policy Clinic is part of the Civitas ChildLaw Center. Students in this Clinic have an opportunity to work, under the supervision of a faculty member, on a legislative or policy project that may involve any or all of the following: critiquing pending bills or existing legislation, drafting bills, developing summaries and fact sheets about pending bills, and building and working with coalitions to develop legislative ideas and consensus. Topics cover a range of child and family issues. Spring semester students primarily work on projects begun during the Fall Clinic, including researching and drafting legislation concerning child protection and juvenile justice reform issues. Students work in teams and must have sufficient time or flexibility during the work day to participate in some internal team meetings as well as attend meetings outside the Law School, as needed. Instructor permission required. Class hours TBD. (Weinberg)

Experiential Learning

Skills

This is Trial Practice I with an emphasis on those issues important to advocating in cases involving children (child witnesses, unique problems in expert testimony, special evidentiary issues, etc.). The course is taught by a team of lawyers, judges, and medical and mental health professionals with a student/faculty ratio of 8 to 1. The principal objective is to introduce students to litigation principles, and to teach them advocacy skills in an intensive learn by doing environment. By grounding the exercises in child advocacy problems, a further goal is to prepare students for the special challenges involved in the representation of children. At the end of the course, the student conducts a complete trial at the Richard J. Daley Center. (Geraghty)

The purpose of this course is to teach interested students the application of law to critical public health issues that affect children and youth. Students will first learn basic principles of public health including the distinction between health promotion, disease prevention, and health protection. Next, the course will address the constitutional and statutory foundation of public health law, how legislative and regulatory decisions must negotiate the balance between individual rights and public good, and how the principles of parens patriae and state police powers affect child health. Case studies in the areas of obesity, reproductive health rights of minors, mandatory school immunizations, student drug testing, and violence prevention will illustrate the application of public health jurisprudence from the national to the state levels.

Non-Graded

Skills

This is a class for the first year members of the journal. In addition to attending the Editing Skills Seminar, taught by the members of the Editorial Board, Associate Editors are responsible for the initial editing of all of the articles for the journal to ensure that the sourcebook is complete, that all of the citations are in the correct Bluebook form and that the articles are free from grammatical and punctuation errors. Each Associate Editor must also contribute to the journal one Feature section in one of the four issues published each year and one article of publishable quality by the end of the school year. (Geraghty)

Non-Graded

Skills

This is a class for the four members of the Editorial Board of the journal, including the Editor-in- Chief, Managing Editor, Articles Editor and Articles/Features Editor. These students perform various duties pertaining to their specific positions and together they oversee the entire publication process. Duties include working with and supervising the Associate and Senior Editors, teaching the Editing Skills Seminar, promoting the journal, soliciting for articles and subscriptions, maintaining correspondence and communication with authors, preparing articles for cite checks, incorporating changes, preparing documents for the publisher, and maintaining communication with the publisher. (Geraghty)

Non-Graded

Skills

The Senior Editors are students who have completed one year as an Associate Editor and are in their second or third year on the journal staff. Senior Editors are responsible for supervising the Associate Editors and working with the Editorial Board throughout the entire publication process. They make sure that the sourcebooks compiled by the Associate Editors are complete, and assist by incorporating any changes into the articles before the issue is sent to the publisher. (Geraghty)

Experiential Learning
Perspective Elective
Skills

This intensive, week long seminar provides a wide-ranging interdisciplinary exploration of critical issues affecting children. A diverse team of faculty offers interdisciplinary perspectives on the meaning of "best interests of the child" particularly as it relates to balancing legislative mandates and "best interests." Experts from history, political science, psychology, social work, law, education, and medicine present information, participate in discussion with the attendees, and debate the issues from the perspectives of their own professions. Faculty provide both a theoretical framework for examining the issues, as well as practical experiential learning. Various education methods are employed including case studies, lectures, outside speakers, field trips, role-playing exercises, group projects and hands-on learning activities. (Weinberg)

Description for the 2011 Children's Summer Institute Program: This year's Children's Summer Institute will focus on permanency considerations concerning children in the child welfare system, with an emphasis on disparities in decision making in the child welfare system and the resulting disproportional representation of minorities in child welfare systems across the country.

For more information about the class, or permission to register, contact Professor Weinberg at aweinbe@luc.edu or 312-915-6482.

Perspective Elective

This course begins with an exploration of the legal and political structure of American education, including issues such as: (1) the role of government in mandating education; (2) the relationship between state and religion in the educational process; (3) the governance of educational institutions and the shaping of curriculum; and (4) the rights and responsibilities of teachers and students. The American legal system's resolution of these difficult issues are then compared to the resolution of these same issues by legal systems in other countries. Finally, students are asked to question the fundamental assumptions underlying the American educational system based on their understanding of different assumptions underlying the educational systems in other nations. Students are required to help to facilitate class discussions and to prepare a paper that analyzes critically an issue raised in the class. (Kaufman)

Perspective Elective

This unique course will immerse students in a comparative analysis of early childhood education law and policy. The course begins with an exploration of the legal and political structure of American early childhood education, including issues such as: (1) the role of the national and local government in regulating education; (2) the constitutional right to education; (3) the governance of educational institutions and the shaping of curriculum; (4) the rights and responsibilities of teachers; and (5) the image of the child. The American legal system’s resolution of these issues is then compared to the resolution of these same issues by legal and educational systems in other countries, particularly those in Italy and Finland.

One focus of the class will be the world-renowned approach to preschool education developed in Reggio Emilia, Italy. The preschools in Reggio Emilia are widely regarded as the best in the world. The “Reggio” approach to early education is built on a particular understanding of the biological and social nature of children, and the role of the state in developing its young. Accordingly, the class will explore the neuro-science undergirding the Reggio approach and how this science informs: educational objectives and methods; the architecture of the educational environment, the connections between school and community and the legal and political structures surrounding children. Throughout the class, the “Reggio” approach will serve as a benchmark for understanding and assessing the law and policy of early childhood education in the United States. In addition, the class will examine the internationally acclaimed educational system in Finland to determine whether its successes can be replicated in the United States.

Students will be required to participate actively in class exercises and projects, to present material to the class, and to write a 10-15 page analytical, research or policy paper that addresses an issue raised by the class.

Experiential Learning
Skills

This seminar introduces students to comparative law, through exploration of legal systems in Chile. During the first part of the seminar, students will explore Chile's civil law traditions and history. Students will also select individual paper topics, with approval from the faculty. Over spring break, students will travel to Santiago, Chile, to learn more about Chilean legal systems and pursue research on their individual paper topics. During this week, students meet with the law faculty and students at Universidad Alberto Hurtado, a Jesuit university in Santiago, as well as with local lawyers, judges, and others for their specific topics. The second part of the seminar is devoted to student presentations on their paper topics, and on the research they have conducted in Chicago and Chile. Grades are based on program participation in Chicago and Chile, the class presentation, and the written research paper. (Boyer, Haney,Rhodes)

One of the newest trends in children’s law is the effort to find ways to resolve disputes without resort to the adversary system. Examples include restorative justice initiatives in schools and the juvenile justice systems, collaborative decision-making in family law, and mediation in the health care and child protection contexts. In this course students learn about the various types of alternative dispute resolution (ADR) (e.g. mediation, negotiation, collaborative dissolution) through a series of case examples and practical exercises.

This course covers the procedural and substantive components of the due process and equal protection clauses. Other topics include the contracts clause and the takings clause. Civil rights legislation may be covered at the discretion of the instructor. (Shoenberger, Tsesis)

More than 50 million Americans have disabilities, even as the population just begins to age significantly. The Americans with Disabilities Act was passed in 1990 as a key civil rights law to help persons with disabilities obtain access to employment, government functions at all levels, and most public Accommodations. This seminar will explore how our disability laws have succeeded, and failed, to fulfill their promise. We will also examine closely the significant recent activity by the Supreme Court in this evolving, dynamic area of the law. Each student is expected to select a topic of particular interest to him or her, perform an in-depth review of the law related to that topic, and write a paper on the subject. Student's progress will be tracked through class discussion, informed reaction papers and the final research paper. (Coustan)

Perspective Elective
Skills

This seminar will explore the difficult legal, political and practical issues currently confronting American education. The course will begin with an analysis of the fundamental political and philosophical principles underlying the American educational system. Students will then be challenged to apply these principles to difficult areas of education law, such as: (1) the limits of compulsory education; (2) the relationship between public education and religious institutions and practices; (3) the nature of a constitutional right to education; (4) the adequacy and equity of school funding; (5) the balance between federal control through statutes, like the No Child Left Behind Act, and state control over curriculum; (6) school governance; (7) the rights and responsibilities of students; (8) traditional and novel torts in the educational environment; and (9) the rights and responsibilities of educators. Students will be required to participate actively in class, to facilitate class discussion of a selected topic, and to submit a paper which analyzes critically an important issue raised in the class. There will be no final examination. (Kaufman)

This course explores some of the challenging legal and practical issues confronting education in America, including the the uncertain boundaries between public and private education, the constitutional and statutory rights of students, including equal access and treatment, the increasingly fluid constitutional and statutory rights of teachers, and the structure of educational governance, including the role of the federal government, local control, school board powers and even strategic planning.

Experiential Learning 

Skills

This unique course has a classroom component and a field work component.  The class meets formally one hour per week to cover substantive education law issues and to develop skills tailored to the practice of education law.  For the field work component of the class, students have the option to work in one of a variety of local placements where they will work under the supervision of practicing attorneys.  Students may choose to provide either: (1) direct representation and legal assistance to children and families in need of special education services; or (2) representation of school districts in education law matters.   Students may also work on educational policy matters.  Placement options include local organizations, school districts, law firms and government agencies.  In the Spring semester, students may participate in Loyola’s Educational Advocacy Project as an alternative to an external field placement.  (Kaufman, Coustan).  More information on the different placement options is available here.

This course examines the results of civil rights education cases brought on behalf of African American, Latino, and other minority students. Students will examine applicable legal precedents and statutory frameworks, classroom level implementation, and experts’ analyses of data and outcomes for five subject areas—student assignment, English Language Learner Programs, tracking (gifted and remedial), special education, and discipline. Students will work in teams and individually to present research and response papers related to the five subject matters.  (Ashley)

Skills

This course will allow those interested in the practice of education law to become familiar with typical and unique issues that require contact between school districts and their attorneys. The course is a combination of in-class, on-line and field study experiences. Students will work individually and in teams to identify resolutions to school district issues. The relationship between attorneys, boards and administration will be investigated. In class sessions are three hours per week to cover practical situations and to develop skills tailored to the practice of education law. The course will focus on typical scenarios, as well as the increasing number of, and breadth of, issues requiring legal assistance.

An in-depth study of the national policy opposing discrimination in employment and the ways in which this policy is addressed by federal and state law. While the focus is Title VII of the 1964 Civil Rights Act, numerous other sources of worker protection are examined, both substantively and procedurally.

The law governing the employment relationship is not limited to the union management confrontation of traditional labor law and the proscriptions of employment discrimination statutes. Both common law claims and other statutes have become major sources in challenging, e.g., drug testing, plant closings, lie detectors, whistleblowers, wrongful discharge. This course explores those legal problems. This is not a duplication of either Labor Law or Employment Discrimination; neither is a pre-requisite. The course focuses on the total configuration of statutes regulating employment as well as the emerging common law principles affecting employment relationships. (Connelly, Cooper, Luetkemeyer)

Skills

This will be a practical class designed to develop counseling skills in the representation of employees and employers, with an emphasis on assisting employers in complying with the major state and federal laws governing the workplace.  The goal is to prepare you to provide clear and considered advice to clients in an effort to minimize the personal and business risks and costs associated with employment litigation.  Topics covered include: (1) interviewing and counseling employment law clients; (2) recognizing the legal and practical aspects of employment issues to help clients make appropriate decisions; (3) identifying alternative solutions to workplace problems; (4) reviewing and drafting key employment documents, including handbooks, contracts, and personnel records; (5) handling discipline and termination cases; (6) managing the workplace crisis, including counseling employers on how to investigate and respond to whistle-blower complaints or complaints of harassment and discrimination; (7) training employees and managers on employment law compliance issues; and (8) strategies for dealing with common issues under state and federal worker protection laws such as the ADA, FMLA and FLSA. (Cripe)

Experiential Learning
Skills

Students who have completed all first year courses (Civil Procedure, Contracts, Constitutional Law, Criminal Law, Property, Torts, and Legal Writing) and who wish to receive graded credit for work performed in an approved field placement may apply for this externship. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Rule 711 license. Students enrolled in this course may receive two or three hours of graded credit for supervised work performed in an approved field placement. This externship includes a classroom component that focuses on the performance of discrete legal tasks. It has been designed to allow students an opportunity to further develop practical lawyering skills. Students will be graded on classroom participation, simulations, practice area based drafting and research assignments, and field placement evaluations. There will be no final examination. (Gough)

Bar

This course is a study of cases, statutes, and legal principles relevant to the formation, regulation and dissolution of the family unit, and to legal obligations which arise incident to the family relationship. The course considers: antenuptial agreements, marriage, annulment, divorce, division of property incident to divorce, maintenance, custody, visitation, child support, tax law, and ethical issues. (Anderson, Coupet)

The focus of the course is on the rapidly changing legal, social, and scientific landscape of family law. The course covers traditional areas such as marriage formation and dissolution, support, child custody and the role of the child's attorney, as well as emerging areas such as same-sex marriage, collaborative law, and de facto and equitable parenthood.

Experiential Learning

Skills

Students in this practicum will administer a skills component of the traditional Family Law foundational course, focusing specifically on the drafting of an antenuptial agreement in a complex case hypothetical. Practicum students will serve as clients in the drafting exercise. In this capacity, students will meet face-to-face with the collective group of student attorneys representing each client and engage in ongoing, timely and detailed electronic communication with student attorney teams throughout the course of the skills exercise. Practicum students will also assist in evaluating the client counseling facet of the exercise, and in reviewing each prenup for its substantive terms. Each practicum student will spend approximately 40 hours engaged in work related to the exercise. Students may enroll in this practicum only with permission from the instructor. (Coupet)

This course examines the history, theory, and jurisprudence of the First Amendment, with particular emphasis on the speech, press and religion clauses.

This course provides an overview of statutory, administrative and case law affecting Illinois school districts.  Legal issues addressed include: powers and duties of the school board; compliance with open records and open meetings laws; teacher tenure, evaluation, reduction-in-force, and for cause dismissal; collective bargaining and labor dispute resolution; legal aspects of supervision, teacher/school liability, common law and statutory immunities; mandated child abuse reporting. Student issues include state law requirements pertinent to residency; discipline, drugs/weapons offenses, suspension and expulsion; federal and state student confidentiality laws. (Hirsman)

This interdisciplinary seminar will explore issues confronting children who are survivors of human trafficking within the United States, as well as an examination of efforts to prevent and intervene in this social problem. The seminar will begin with an overview of contemporary laws and policies addressing human trafficking, explore various frameworks (gender, criminal justice, public health) around movements to combat child trafficking, analyze current research in the field, and explore case management, services, and techniques utilized by service providers. Assignments will include in-class exercises and a final project addressing ways to advance the movement to combat child in the United States.

Skills

The sexual exploitation and trafficking of minors has reached a crisis point, both in the United States and abroad. The United States Congress has responded to this ever-increasing threat by passing extensive legislative enactments aimed at deterring this pernicious activity, providing severe – and often controversial – punishment for those who engage in it. While federal and state prosecutions in this area are at an all-time high, law enforcement and prosecutors continue to miss critical opportunities because they fail to fully understand the nature of the threat, and lack a solid grasp on the integrated arsenal of statutory tools at their disposal. Similarly, members of the judiciary, as well as victim advocates and pretrial service officers, may appreciate the laws on the proverbial books, but often lack familiarity with the sophisticated means employed by organized criminal group and the role of public corruption involved in the large-scale exploitation of children. They also misunderstand the rationalization through which individuals engaged in the exploitation of children tend to self justify their conduct, and have never confronted the statistical realities challenging the belief in meaningful rehabilitation of sex offenders. Put simply, although the complex and inter-related legislative anti-exploitation and anti-trafficking framework is now the firmly established law of the land, its theoretical and practical nuances are widely misunderstood, and indeed are all too frequently not understood at all, by the very professionals entrusted with the difficult task of protecting humanity’s most vulnerable.

This seminar will start with the statutory analysis rendered more comprehensible through the vehicle of real-world examples from the experience of Judge Kendall who will explain the history and present-day reality of the federal response to child exploitation. The seminar will analyze the various laws that govern the roles of the stakeholders: prosecutors, defense attorneys, judges, immigration officials, pretrial services officers, and victim advocates. The seminar will further explore all of the victim issues that make these cases complex and challenging. Students will explore victims' needs, rights, and opportunities for redress including restitution and expungement of criminal records. Students will hear first hand from federal agents who have prosecuted human trafficking cases; will see and hear the evidence presented to federal juries, will hear from a victim of the crime, and will learn from those victim advocates who seek to redress the harms inflicted upon victims.

The seminar will span two days and have multiple speakers and employ an interactive question and answer format. Students will be required to submit a 15 page paper on a topic of interest from the seminar for a final grade.

The Instructor: Honorable Virginia M. Kendall

Perspective Elective
Skills

This seminar explores issues of family violence, with an emphasis on domestic violence, through an interdisciplinary lens. An overview of the laws, public policy, and psychosocial approaches and trends addressing family violence issues. The course seeks to provide an opportunity for students in different disciplines to learn about the theories, philosophies, ethics, and practices of the range of professions that must confront family violence issues, and the impact of decision making in one forum on the practices and decisions made in another forum. Student are challenged to consider the strengths and weakness of the responses of various disciplines, and their interaction.

In the last decade, children have become "the newest kids on the human rights block." This seminar examines new laws and treaties developed to respond to age-old problems faced by children around the world. The course begins with a study of the U.N. Convention on the Rights of the Child, the most rapidly and widely accepted human rights document in the history of international law. It then examines ways in which these laws are being implemented, including a review of child and family law cases decided by the European Court of Human Rights in Strasbourg. The course explores such substantive areas as the comparative treatment of child abuse and delinquency, and the issues of child labor, international abduction, the plight of child soldiers, and the sexual exploitation of children. (Geraghty)

In the last twenty years, the international community has made tremendous strides in agreeing on a set of basic human rights for children and implementing those rights through domestic, regional and international laws. This two-credit course serves as an introduction to international children's rights, and explores such thematic topics as corporal punishment, intercountry adoption, juvenile justice, child labor, and international child abduction.

Perspective Elective

This course examines the civil, political, economic and other rights secured to individuals and groups by international law. It examines the major source of those rights, including the United Nations and regional organizations, and it discusses the substantive content of those rights. Particular attention is given to how those rights are enforced, from judicial decisions in national and international tribunals through other mechanisms developed in various international and regional settings, including the role of NGOs. No prerequisite. (Haney, Shoenberger)

This required course is designed to give students an introductory overview of the law as it affects children. It begins with a discussion of the constitutional relationship among children, parents and the state, as well as the respective roles of the federal and state governments in the regulation of children and families.  The course then introduces students to the principal areas of civil and criminal law that affect children and families. With this baseline of understanding, students can choose elective courses that provide a more in-depth study of a particular topic (e.g. education law, child welfare, etc.).

This required foundational course introduces students to the sources and functions of law in our society. The course begins with an explanation of the structure and traditions of the American court system. Students then learn to read and analyze cases and statutes and develop basic legal written and oral presentation skills. The course uses child and family law cases and problems and provides students with the background they will need for future children's law and policy studies.

This course explores the law, policies and practices of the American juvenile justice system, past, present and future. The focus is on children who are in conflict with the law and those who, by virtue of their status as children, are subject to the jurisdiction of the juvenile court for engaging in conduct such as curfew violations, running away, and other forms of potentially harmful adolescent behavior. Among other issues, the course will examine how juvenile justice law and policy has been shaped by new research on adolescent development, including brain research.

Perspective Elective
Skills


This course will attempt to answer the following questions: How should society handle allegations of criminal behavior by children? In what way should the proceedings be designed to address the differences between children and adults? Who should decide whether a child should benefit from special treatment, judges or legislators? What responsibility do parents and communities bear in providing children an opportunity to change their behavior? How should the justice system and the school system interact? While the intersection between the child welfare and juvenile justice systems will be discussed, this course will not address child welfare practice generally or in much detail. Students will be required to prepare brief position papers during the term. The remainder of the grade will be based on performance in class and on a final examination or a major research paper written in lieu of the final exam. (Geraghty)

Experiential Learning

Skills

This course, which meets once a week for two hours, will explore in depth labor and employment issues in the 21st century education workplace. Students will form teams -- representing individual employees, the union, and management- and advocate their respective positions in a variety of contexts, including collective bargaining, unfair labor practice proceedings, teacher discipline and dismissal proceedings, and contract grievance arbitration. Current events and contemporaneous developments will provide the backdrop for the course materials and class activities. Topics will include: tenure, reduction-in-force and seniority rights, and teacher accountability and evaluation of professional personnel under new education reform legislation; public sector bargaining trends in Illinois and nationally; the 2012 Chicago Public Schools teachers strike; LGBT issues, free speech, and workplace right of privacy.

This course examines the development of the law under the National Labor Relations Act. This statute and its decisional law are the primary means of governmental regulation of the union management relationship in the private sector. The organizational process and the collective bargaining process are the fundamental arenas in which to study the rights and duties of three separate entities: the individual, the union, and the employer.

Topics that may be covered include: (1) procedures and principles governing both the selection and decertification of unions; (2) the free speech, access and other rights of management and unions during an organizational campaign; (3) the duty to bargain in good faith; (4) the laws respecting strikes, lockouts, boycotts, and other concerted action by employees; (5) the duty of fair representation; (6) compulsory dues and other payment to unions; (7) the enforcement of collective bargaining agreements in grievance-arbitration and/or court action; and (8) the procedural and substantive law governing "unfair labor practices," by both employers and unions. (Cooper, Luetkemeyer)

Perspective Elective

This course concerns those areas of civil law which most affect low income persons: landlord/tenant, federal housing, welfare, social security, Medicaid, Medicare, unemployment compensation, and civil rights. Other systemic issues will be explored, such as wealth discrimination, use of legal remedies to promote social change, and the delivery of legal services to low income persons. (Ramirez, Rose)

According to the National Center for Children in Poverty, children are disproportionately impacted by poverty, especially children of color and immigrant children. These risks are greatest for children who experience poverty when they are young and/or experience deep and persistent poverty. This course concerns those areas of civil law which most affect low income children and families, including public benefits such as welfare, housing, education, and health care. Other systemic issues will be explored, such as wealth discrimination, use of legal remedies to promote social change, and the delivery of legal and other services to children.

One of the distinguishing features of the Online MJ in Children’s Law and Policy is its focus on the development of leadership skills for child advocates across a range of disciplines and organizations. This required cornerstone course begins with an introduction to different types and styles of leadership before turning to a more practice-based preparation for leadership in such areas as operations, human resources, finance, and communications.

Skills 

May count as Experiential Learning with instructor approval.

The legal issues surrounding student discipline in public elementary and secondary schools involve the intersection of Constitutional and statutory law with the administrative hearing process. By developing a working knowledge of the school disciplinary process, course participants will build analytical and substantive skills applicable to a wide variety of practice areas.

The course will address the Constitutional implications of student discipline and the statutory provisions governing student discipline and the administrative hearing process. Students will learn about ‘zero tolerance’ policies, the role that school discipline plays in the ‘school-to-prison pipeline,’ and the discriminatory impact of school discipline policies. Issues relating to discipline in charter schools and discipline of students with disabilities will also be addressed. Other topics to be discussed include disciplinary-related challenges that arise in the context of protecting vulnerable children, including issues of harassment and bullying of LGBT and special needs children; and the legal tenets governing school districts’ responses to cyberbullying and the rise of social networks and digital media. Emerging trends in alternatives to punitive school discipline practices, such as human rights approaches, positive behavior interventions and supports, and restorative justice, will be examined.

Throughout the term, students will engage in hands-on learning activities, interactive exercises, and practical applications of the concepts and principles of the course. The culminating experience of the course will involve participation in a simulated student disciplinary hearing.

Experiential Learning Opportunity:

With instructor approval, a limited number of students taking the course will have the opportunity to serve as advocates for students facing expulsion from public schools. Students will work under the supervision of the course’s faculty to conduct client intakes, develop a defense strategy, conduct discovery, prepare witnesses, and advocate for students at a school expulsion hearing. Students may serve in this capacity as part of the course or for an additional credit, and they may earn Experiential Learning credit. Instructor permission is required to enroll in this portion of the course, and preference will be given to 2L students (no 711 license required). If you are interested in enrolling in this portion of the course, please contact Kathleen Hirsman at khirsman@luc.edu and Miranda Johnson at mjohnson11@luc.edu as soon as possible.

This course introduces students generally to the legislative process and more specifically to federal and state laws and policies that affect children and families. Students will have an opportunity to draft model legislation, critique existing or proposed legislation, and learn techniques for educating lawmakers and policies makers about children’s needs and the importance of research and data in formulating child-centered and effective laws and policies.

Non-Graded

Professor Geraghty 3 credits
In order to receive the LL.M. degree, each student must write a paper of publishable quality. The paper, written under the guidance of an LL.M. faculty advisor, should integrate a number of issues covered in the ChildLaw curriculum. Each paper is expected to make an important contribution to the literature on child and family law. (Geraghty)

Non-Graded

Professor Geraghty 3 credits
LL.M. students who do not complete the LL.M. Paper within the requisite period of time must register for this class each semester until the paper has been accepted by the advisor. (Geraghty)

Experiential

Skills

 

This class will focus on mediation theory and practice from the perspective of both the mediator and the advocate.  The goal is for students to gain an understanding of the mediation process and to develop a working knowledge of negotiation and problem-solving strategies, techniques and skills that can be used to more effectively represent clients in resolving disputes.  The course will also address public policy, legal and ethical issues that arise in the mediation context.  Mediation skills are best learned from hands-on experience.  Therefore, a substantial portion of this class will involve role-playing simulations.  Over the course of this class, you will have the opportunity to serve as mediators, represent clients, be clients, and give feedback as observers. (Block, Eatherton)

Skills

This mediation course allows students to mediate family cases through several community projects. Students are required to have participated in some type of 40-hour mediation training in order to register for this course. These students receive additional training in family mediation, co-mediation and related issues. Students mediate in family group conferences and other multiple party mediations. Students participate in multiple simulation and mediations and receive feedback on their skills. The course meets once a week for the two hours for most of the semester, however students are also required to mediate at other times during the semester. There is no examination. Grading is based on participation in mediations, simulations and discussions and self-evaluations. Students may take the course for 1 or 2 credits. For 2 credits, a paper on mediation theory or practice is required. Where the student is taking the course for 2 credits, the research paper is included in the grade. Enrollment is limited to eight students.

Experiential Learning
Skills


Mediation is an alternative to litigation which enables disputing parties to negotiate their own agreed settlement. It involves an impartial third party neutral, the mediator, who assists disputing parties in this alternative dispute resolution (ADR) process. This course will offer an overview of mediation techniques, applications, and history. Through simulations and other in-class exercises, students will consider how mediation differs from other types of ADR processes, how mediation styles and models differ from one another, and how the role of the attorney-advocate changes during mediation.(Levitz, Nathanson)

Experiential Learning
Skills


Mediation is an alternative to litigation which enables disputing parties to negotiate their own agreed settlement. It involves an impartial third party neutral, the mediator, who assists disputing parties in this alternative dispute resolution (ADR) process. This course will offer an overview of mediation techniques, applications, and history. Through simulations and other in-class exercises, students will consider how mediation differs from other types of ADR processes, how mediation styles and models differ from one another, and how the role of the attorney-advocate changes during mediation. This course will be conducted in an intensive workshop format over the course of one weekend where students will role play as client and attorney.  No textbook is required, nor is there a first assignment. (Green

This course introduces students to the cases, statutes, and legal doctrines relating to the rights, treatment, and commitment of persons with mental illness, developmental disabilities, or intellectual disabilities. Topics covered include:  confidentiality of mental health records, forms of surrogate decision-makers (i.e. guardianship, powers of attorney), mental health treatment for minors, right to refuse treatment, special education, and the Americans with Disabilities Act (ADA). Students will discuss real-life cases and examples to compare and contract application of the law and policies. (Monahan, McCarty)

Mental health and substance abuse impacts everyone. According to the National Institute of Mental Health, in a given year approximately one quarter of adults in the United States are diagnosable for one or more mental illnesses. Additionally, one out of five children, either currently or at some point during their life, are diagnosed with a mental illness. Mental illness has a profound impact on children and families, including the legal response to these issues. Students will study the cases, statutes, and legal doctrines relating to the rights and inpatient/outpatient treatment of persons with mental illness or a developmental disability, with a special emphasis on children, youth, and parents and/or legal guardians. Topics covered include: informed consent to outpatient and inpatient treatment, admission/transfer/discharge, confidentiality of mental health records, litigation issues addressed by practitioners, and risk management strategies for mental health practitioners. This course will use cases and examples to compare and contrast application of the law and policies.

Students are expected to complete either a thesis or capstone project of substantial depth that explores a specific area of children’s law and policy and that integrates subject matter and/or leadership skills learned in the M.J. curriculum. The project is completed in close cooperation with a faculty advisor. Students are required to present their thesis or capstone project to faculty and fellow students during their graduation (Educational Immersion) weekend.

Each state has its own constitution that may vary significantly in form and substance from its federal counterpart, but state constitutions often are a neglected source of important democratic and civil rights. This course explores differences between many state constitutions and the United States Constitution and examines methods of state constitutional interpretation. Particular emphasis will be placed on the provisions and interpretation of the Illinois Constitution of 1970, and special attention will be given to several Illinois constitutional questions that arose in the last year. Students have the option of writing a paper or taking a final exam. (Legner)

This course, which meets once a week for two hours, will deal in depth with current and timely issues in the education of children with disabilities. Students will learn federal and State statutory and regulatory procedures in determining eligibility for services, evaluation, development of the individualized education program, and provision of services in the least restrictive environment. The education of special needs children from early childhood through post-secondary transition will be addressed. The course will focus on advocacy, statutory and regulatory compliance, and dispute resolution. Students will form teams assuming the roles of parent/student advocate, school administrators, and school service providers in a variety of simulated activities throughout the semester, including: participation in eligibility and IEP conferences; disciplinary manifestation determination reviews; resolution sessions, mediation, and pre-hearing due process procedures; and determining Section 504 eligibility and developing and implementing a Section 504 service plan.


Students may also take the course for three credits by participating in additional small group seminar meetings to discuss course topics of interest in more detail. A student interested in the additional credit hour would have the option to write an additional paper of publishable quality that could be published in Loyola’s e-journals, conduct a training for parents or professionals through an outside organization, or complete other additional course assignments of interest to the student and approved by the instructor.

Skills

Experiential Learning

This one credit hour course will provide students with an intensive simulated experience in the various processes of resolution of special education disputes. Areas addressed will include some or all of the following: contested IEP meetings, manifestation determination reviews, resolution meetings, mediation, and due process hearings. Assuming the roles of parent legal advocate and school district counsel, students will develop a practical working knowledge of federal and Illinois statutes and regulations governing special education dispute resolution; develop a legal understanding of, and working familiarity with, student special education records and documents; and learn how to interview and prepare clients, witnesses, school personnel, experts, and others for their respective roles in the dispute resolution process. (Hirsman/Johnson)

This course primarily covers the law of special education provided in the Individuals with Disabilities Education Act. (“IDEA”).  Additionally, the course will also cover specific laws that are relevant to special education such as the Americans with Disability Act, Federal and State educational records statues and mental health and privacy laws.

A primary emphasis of the class will be to teach students about the process under which students are identified as eligible for special education services and provided with educational services under Individualized Education Plans. (“IEPs”). The class will focus on the following topics: special education case law, legislation, and regulations; utilizing evaluations, tests and measurements in determining eligibility in special education, and in the preparation of Individualized Educational Programs and Section 504 Plans; issues of juvenile justice; behavior and discipline for students with disabilities; negation and dispute resolution strategies and options; due process hearings; and current challenges in this evolving area of law. 

Students are required to attend class. Participation is a critical element of the class experience and will be a portion of the student’s grade.

Additionally students will be required to write one ten page paper on a topic approved by the instructor and participate in teams to develop IEP’s.

Skills

Experiential Learning


Second- and third-year students teach about law and the legal system in Chicago area elementary and high schools. Students attend a weekly seminar and teach two classes per week in their assigned school. In the spring semester students typically have the option of preparing high school students for the city mock trial competition. For that experience, prior or current enrollment in Trial Practice is advisable, but not required. (Bird)

This course will introduce the therapeutic jurisprudence perspective on practicing law in various settings: criminal, civil, family, juvenile, special education and in office practice as well as in litigation. The assigned course book will be Judging in a Therapeutic KeyTherapeutic Jurisprudence and the Courts ( Winkler and Wexler, eds 2003). Various articles including law review articles will be assigned to explore the role of problem solving courts and how that translates into practice for lawyers. Chapters from Practicing Therapeutic Jurisprudence: Law as a Helping Profession ( Stolle, Wexler, Winnick eds.2000) and Symposium: Therapeutic Jurisprudence and Children:  71 U.Cinn.L. rev. ( 2002);

1. Students will be assigned one 15 page paper dealing with a topic of their choice regarding therapeutic jurisprudence. Students will be expected to present this paper for class discussion.

2. Students will also be expected to observe in one of several court settings including Cook County Mental Health Court and Drug Court, Juvenile Court or Family Court. Arrangements for those visits will be facilitated by Professor Moran. Students will be expected to write a 5 page summary of their observation and relate this to the topic of therapeutic jurisprudence. (Moran)

Loyola

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