Social Justice Lawyering
LAW6930, Section 02G6
Fall 2015
3 credits
M,T,W 1:00-1:50
Holland 285D
Joan Flocks
Director, Social Policy Division
Center for Governmental Responsibility
Levin College of Law
230 Bruton-Geer
(352) 273-0837
flocks@law.ufl.edu
Office Hours: MTW 2:00 – 3:00
or by appointment
Co-instructor:
Kirsten Clanton, Attorney
Southern Legal Counsel, Inc.
1229 NW 12th Ave.
Gainesville, FL 32601
(352) 271-8890
Kirsten.clanton@southernlegal.org
Course Objectives
Social Justice Lawyering will explore how those in the legal profession can work to advance
social justice. The class will initially examine the meaning of social justice and the variety of
structural factors that contribute to legal inequality. It will then explore ways in which legal
assistance is funded and delivered to low-income and underrepresented individuals; different
substantive legal arenas in which social justice is pursued; and the diverse ways in which
individuals can work for social justice, both in and out of the courtroom.
The course is designed to be introspective, interactive, and applied. There is an applied project in
addition to a final exam. These project is intended to encourage students to become engaged in
larger environments, develop networks of people engaged in social justice work, and become
proactive in pursuing paid or pro bono work in social justice lawyering after graduation.
Materials
The main text will be Martha R. Mahoney, John O. Calmore, and Stephanie M. Wildman
(MCW), “Cases and Materials on Social Justice: Professionals, Communities, and Law,”
Second Edition (2013). ISBN: 9780314926982. Available at the Law School bookstore.
Supplementary articles and cases are posted on TWEN as noted on the syllabus.
Requirements
Class attendance and class preparation are required.
There is one applied project in addition to the final exam. This project includes written
components, legal research or experiential learning, and a final presentation. Students can choose
one of two ways to structure their projects. More detailed instructions for these assignments can
be found on the TWEN site.
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OPTION A: Case Study
1. Students must work in teams of two to four on this assignment.
2. Teams will select a social justice issue that involves legal work. The issue can be local or
national, but it must be approved by the instructor before work begins. Examples of issues
may be those related to a completed litigated case or a piece of legislation.
3. Students will meet with and interview stakeholders involved in the issue, such as litigants,
attorneys, law clerks, community members, and other parties to examine the lawyering or
policymaking process.
4. Students will also review any legal or policy documents involved in the case.
5. Each team will write a 10-page summary of the case that examines and analyzes what
happened within the system of law and politics to the litigation, including the views of the
interviewees.
6. Individuals working in teams will also submit a synopsis of their individual effort and on the
research process.
7. Written case studies and individual synopses are due on the last day of class. Students will
present their case studies during the last two weeks of classes.
OR
OPTION B: Service Learning Project
1. Students will sign up for one of the projects posted on TWEN. All projects require students
to work in teams of 3-4.
2. Students will work for a legal organization or a community group to complete the projects
under the supervision of a lawyer and consistent with the rules of professional responsibility.
3. The projects have been carefully selected so that students can increase their awareness of
broader social justice issues and sense of community connectedness while they develop
social justice lawyering skills. Additionally, students will have the opportunity to make a
meaningful contribution to these causes.
4. Students are required to develop a “service learning contract” outlining the exact scope of
work for successful completion of project and a “service learning work plan” that outlines
timeframe for completion of project and sets internal deadlines. (Template and instructions
available on TWEN)
5. Each project requires some type of work product.
6. Individuals working in teams will also submit a synopsis of their individual effort and on the
project process.
7. Final work products and individual synopses are due on the last day of class. Students will
make brief presentations about their project during the last week of class.
Final exam
There will be a short answer final exam based on material covered during the semester. An
exam review will be held on the last days of class, after class presentations are completed.
Grading is as follows:
 Attendance and participation – 10%
 Case Study or Service Learning Project – 40%
 Final exam - 50%
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Accommodations for Students with Disabilities
Exam accommodations are available to students with permanent and temporary disabilities. To
receive accommodations, students must present appropriate documentation to the main campus
Assistant Dean for Student Services, 205 Peabody Hall, (352) 392-1261, or through the Florida
Relay Service 1-800-955-8771 (TDD) who will then make recommendations to the law school.
Academic Honesty
All students should abide by the University of Florida’s Academic Student Honor Code, which
includes provision on academic honesty. For more information, check:
https://www.dso.ufl.edu/sccr/process/student-conduct-honor-code
Classroom Electronics Use
All cell phones must be silenced and kept out of sight during class. Use of laptops is
monitored and impermissible use during class can affect your grade and can result in
computer use being banned for the entire class. Please note the following excerpt from the
College of Law’s Computer Policy: “Students may use laptops in the classroom for notetaking
and for class purposes as directed by the professor. Other uses are not permitted, including,
but not limited to, email, chat rooms, instant messaging, ecommerce, game playing, etc.”
Class schedule
Weeks 1 - 4 will develop the professional framework for the practice of law in the social justice
arena. Weeks 5 - 12 will focus on the foundation for and implications for social justice
lawyering within a variety of substantive areas of the law. Week 13 will involve discussion of
the vocational choice to practice public interest law, including consideration of professional
socialization and practice within an adversarial system. Classes during these 13 weeks will
include discussion of a combination of background readings, case law, and when possible
examples of individuals working in the related area of law or on a relevant issue. Week 14 will
be reserved for presentations of case studies or service learning projects. If not all the class time
during Week 14 is used, we will cover a current issue TBD. Week 15 is reserved for final exam
review.
Week 1: Introduction to Social Justice Lawyering
8/17: Readings: “Theoretical Foundations for Social Justice Education” (Lee Anne Bell).
“The Complexity of Identity – ‘Who Am I?’” (Beverly Daniel Tatum). Available on
TWEN.
8/18: Readings: “A Call to Context: The Professional Challenges of Cause Lawyering at the
Intersection of Race, Space, and Poverty” (John Calmore). Available on TWEN.
In Class: DVD Start “William Kunstler – Disturbing the Universe.”
8/19: In Class: DVD Finish and discuss “William Kunstler – Disturbing the Universe.”
Week 2: Access to Justice and Models of Social Justice Lawyering
8/24: Readings: MCW Chapter 1 (Entering the Profession), Section 4 - Envisioning Social
Justice Lawyering (39-48); Chapter 2 (The Legal Profession, Legal Services and Access
to Justice), Section 1 (Intro) – Law in Whose Interest... (63-64); Section 1(B) – The
Movement for a Civil Gideon (87-92); Section 2 – Litigation and Inequality and (97102).
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8/25: Readings: MCW Chapter 2 cont’d, Sections 3(A) – The Politics of Funding Legal Work
for Social Justice (102-110 and 114-118) and 3(C) (120-124); “The Florida Bar
Foundation Celebrates the 30-year Anniversary of IOTA,” “No Longer Flush – IOLTA
programs find new funding to support legal Services,” and “In Re: Amendments to Rule
Regulating the Florida Bar 1-7.3” available on TWEN.
8/26: Readings: MCW Chapter 2 cont’d Sections 4(B) – Funding Legal Representation (146155) and 4(C) Civil Rights Cases . . . (155-164 and 168-172).
Week 3: Facets of Representation – from Individual to Communities
8/31: Readings: MCW Chapter 3 (Social Justice Lawyers in Context), Section 1 – Reflections
on Social Justice Lawyering (173-194); Section 2(B) - Understanding Communities…
(199-209).
9/1: Readings: MCW Chapter 5 (From Individual Clients to Groups and Communities),
Section 1 – The Client Centered Model of Representation (294-301 and 313-322).
In Class: Guest Speaker Dr. Jennifer Sager, Ph.D. and Co-instructor Kirsten Clanton.
NOTE: PLEASE DO NOT USE LAPTOPS DURING THIS CLASS.
9/2: Readings: MCW Chapter 11 (Lawyers and Political Struggles toward Transformation),
Section 1 – Consciousness about Power as a Goal of Legal Practice, Section 2 –
Community Empowerment and the Role of the Lawyer (778-804).
Week 4: Social Change – Law, Politics, and the Judiciary
9/7: Labor Day – no class
9/8: Readings: MCW Chapter 11, Section 4 – Lawmaking and Transformation: Changing
Culture, Power, and Social Relations (834-851).
9/9: Readings: Readings: MCW Chapter 10 (The Judiciary and Access to Courts), Section 1 –
The Judiciary: Who are the Judges and How are they Chosen? Section 2 – The Role of
the Judiciary (730-754). “Guide for Florida Voters – Questions and Answers about
Florida Judges, Judicial Elections and Merit Retention” (The Florida Bar). Available on
TWEN.
Assignment Due: Case Study Topic or Service Learning Contract
Week 5: Topics in Social Justice Lawyering – Residential Segregation
9/14: Readings: Shelley v. Kraemer 334 U.S. 1 (1948). Available on TWEN. MCW Chapter
12, The Movement Toward a New Fair Housing . . . (852-855); Section 2 – The Context
and Conditions of Spatial Inequality and Injustice (861-872).
9/15: Readings: MCW Chapter 12, Section 2 cont’d (872-893).
9/16: Readings: MCW Chapter 12, Section 3 - Moving Beyond Fair Housing Toward Justice
in Place (903-913). Texas Dept. of Housing and Community Affairs v. Inclusive
Communities Project, Inc., 2015 WL 2473449 (2015). Available on TWEN.
Week 6: Topics - Environmental Justice
9/21: Readings: Excerpts from Environmental Justice – Law, Policy & Regulation (Clifford
Rechtschaffen, Eileen Gauna, and Catherine O’Neill). Available on TWEN.
9/22: Readings: Excerpt from From the Ground Up – Environmental Racism and the Rise of
the Environmental Justice Movement (Luke Cole and Sheila Foster). Available on
TWEN.
9/23: Readings: “What did Katrina Teach Us?” (GM Filisko). Available on TWEN.
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In class: DVD “Come Hell or High Water: The Battle for Turkey Creek.”
Assignment Due: Case Study Outline or Service Learning Work Plan
Week 7: Topics - Education
9/28: Readings: “Brown at 50: Educational Inequality from Reconstruction to Resegregation”
(Leland Ware); Brown v. Board of Education 347 U.S. 483 (1954); Brown v. Board of
Education – Why was it a hard case and how did the decision matter?” (Michael
Klarman). Available on TWEN.
9/29: Readings: MCW Chapter 9 (Participation in Democratic Society), Section 2 – Education
(645-671).
9/30: Readings: MCW Chapter 9 cont’d, Section 2(D) (671-697). Summaries of Fisher v.
University of Texas 570 U.S. ___ (2013) and Schuette v. Coalition to Defend Affirmative
Action 572 U.S. __ (2014) at http://www.oyez.org/.
Week 8: Topics - Voting Rights
10/5: Readings: MCW Chapter 9, Participation in Democratic Society, Section 1 – Voting,
Community Activism and Political Participation (607-617 and 623-633).
10/6: Readings: Louis Menand, “The Color of Law” (The New Yorker, July 8 & 15, 2013);
Shelby County v. Holder 570 U.S. __ (2013). Available on TWEN.
10/7: Readings: Brennan Center for Justice, “Shelby County: One Year Later” and “The State
of Voting in 2014.” Available on TWEN.
Week 9: Topics - Reproductive Rights
10/12: Readings: “Birthright – What’s next for Planned Parenthood” (Jill Lepore); “To Have
and to Hold – Reproduction, marriage, and the Constitution” (Jill Lepore);
“Understanding Reproductive Justice” (Loretta Ross). Available on TWEN.
10/13: Readings: Stuart v. Camnitz, 774 F.3d 238 (4th Cir. 2014); “Abortion and the courts:
Choosing Battles” (The Economist); “Order Granting Plaintiffs’ Motion for Temporary
Injunction (July 1, 2015)” Gainesville Woman Care, LLC v. State of Florida, Case No.
2015 CA 1323 (Fla. 2d Jud. Cir.); “How Does Florida’s Abortion Waiting Period
Compare to Other States?” (WFSU News). Available on TWEN.
In Class: Co-instructor Kirsten Clanton. NOTE: PLEASE DO NOT USE LAPTOPS
DURING THIS CLASS.
10/14: Readings: Tummino v. Hamburg, 936 F.Supp.2d 162 (E.D.N.Y. 2013); Letter to Judge
Korman (6/12/2013); Campaign literature (MAP Victory Flier & Over the Counter vs.
Behind the Counter Paper). Available on TWEN.
In Class: Guest Speaker Andrea Costello (counsel for plaintiffs in Tummino v. Hamburg)
and Tummino plaintiff
Week 10: Topics - Sexual Minorities
10/19: Readings: MCW Chapter 13 (Sexual Minorities: The Movement for Equality and
Liberation), Intro, Section 1 – The Growth of the Movement (950-988); Section 3 Privacy and Intimacy (1017-1031).
10/20: Readings: MCW Chapter 13 cont’d, Section 4(A)(B) and (C) – Relationships and
Marriage (1032-1074).
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10/21: Readings: Excerpts from Perry v. Schwarzenegger, 704 F.Supp.2d 921, 994-1004 (N.D.
Calif. 2010) ; United States v. Windsor 133 S.Ct. 2675; Obergefell v. Hodges, 2015 WL
2473451 (2015). Available on TWEN.
In Class: Co-instructor Kirsten Clanton. NOTE: PLEASE DO NOT USE LAPTOPS
DURING THIS CLASS.
Week 11: Topics – Globalization and Immigration
10/26: Readings: MCW Chapter 8 (Work, Caregiving & Dependency), Section 2 –
Globalization, Work, and Social Justice (508-529).
10/27: Readings: “Immigration, Civil Rights, and Coalitions for Social Justice” (Kevin
Johnson). Available on TWEN
10/28: Readings: “Credible Fears, Unaccompanied Minors, and the Causes of the Southwestern
Border Surge” (Scott Rempell); “Help in Kind – Group guides pro bono attorneys serving
unaccompanied child immigrants: (Anna Stolley Persky) Available on TWEN.
Week 12: Topics – Immigration and related issues
11/2: Readings: Documents from Arizona v. U.S. 567 U. S. ____ (2012) (Law, Complaint,
Opinion). Melendres v. Arpaio 695 F.3d 990 (2012). Available on TWEN.
In Class: Guest Speaker, Jeannie Economos, Farmworker Association of Florida
11/3: Readings: “Possible Reforms of the U.S. Immigration Laws” (Kevin Johnson).
Available on TWEN.
In class: Video clips from “Fixing the System – President Obama is Taking Action on
Immigration” https://www.whitehouse.gov/issues/immigration/immigration-action
11/4: Readings: “Understanding Human Trafficking in the United States” (Logan et al).
Available on TWEN.
In Class: Brief video “Not In My Backyard: Undetected Human Trafficking in the United
States” https://www.youtube.com/watch?v=vO9dDndhGxc
Week 13: Vocational Choices - Personal Considerations
11/9: Readings: Chapter 4 – “Letter to a Law Student Interested in Social Justice,” 1 DePaul
Journal for Social Justice 7 (William Quigley, 2007). Available on TWEN.
In Class: Guest speaker Kristen Lentz
11/10: In class: DVD “Cruz Reynoso: Sowing the Seeds of Justice.”
11/11: Veteran’s Day – No Class
Assignment Due: Case Study Rough Draft or Updated Work Plan
Week 14: Case study presentations
11/16: Presentations
11/17: Presentations
11/18: Presentations or TBD
Week 15: Final exam review
11/23: Final exam review.
11/24: Final exam review
11/25: No class. Assignments Due: Case Study Final Draft and Individual Reports or
Service Learning Work Product and Individual Reports
FINAL EXAM: Friday, 12/11/15, 1-4 pm. Room TBA.
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