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Dean's Desk: Notre Dame expands course, clinical offerings

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dean-newton-notre-dameGreetings from the University of Notre Dame Law School. I’m honored to have this opportunity to share some of my experiences and initiatives with the readers of the Indiana Lawyer, and I look forward to continue learning from my fellow deans as well.

After decades of steady prosperity, unprecedented changes and challenges have come to the legal profession. During the good times, applicants to law schools could expect a wide variety of choices in the private or public sectors. While tuition increased steadily, public and private loans were plentiful and many law schools provided generous loan repayment assistance programs to encourage graduates to take lower-paying, but challenging and satisfying positions in the public or nonprofit sector. Private sector salaries increased, and the top firms competed with each other for our best students by raising associate salaries and creating 2L summer associate positions that appeared to be comprised of a series of outings and meals at expensive restaurants, interspersed with with occasional assignments.

And then came the recession – longer, deeper, and presaging more structural changes in law practice than any of the recessions before it. Big firms are hiring fewer attorneys to fill fewer first-year associate positions and have discovered to their chagrin that clients are no longer willing to pay for first- and second- (and sometimes third-) year associates at the high rates that have become customary. Many firms have also downsized their training programs and joined the call for law schools to produce graduates who can make the transition from classroom to practice more quickly.

I won’t join the crowd that either puts the blame for these problems on the law schools or the group that argues we have no reason to change what has worked so well for us for decades. I do not believe any newly minted lawyer can truly be expected to hit the ground running the moment she passes the bar exam. Some degree of on-the-job training will always be necessary. But as educators, we can make sure that in addition to the theoretical and critical-thinking skills we have always excelled at imparting, we also make sure our students have the opportunity to acquire more of the law-practice and professional-relationship skills that will better prepare them for the changing nature of law practice.

To meet these challenges, Notre Dame is offering more interdisciplinary courses to expand the breadth of our course offerings, five new programs of study to enable our students to pursue areas of particular interest in greater depth, and expanded experiential learning opportunities.

For many years, the Notre Dame Legal Aid Clinic served as a general civil legal services litigation practice for the law school. Recently, the clinic’s work has begun to evolve to better reflect the changing legal marketplace, the range of practice areas that NDLS graduates will enter, and the needs of the South Bend community. In January, Clinical Professor Robert L. Jones Jr., became our first Associate Dean for Experiential Programs. In that position, he will be leading an expansion of experiential learning opportunities at NDLS.

New clinical offerings are already under way. The NDLS Mediation Project serves individuals litigating civil disputes in the courts of St. Joseph and surrounding Indiana counties. Cases include both civil and domestic relations matters, including child custody, support, parenting time, landlord-tenant disputes, contract disputes, and other matters referred by the courts for mediation.

Other initiatives are designed to expand the clinic’s transactional services to the business community. The Notre Dame Community Development Project launched this fall to assist community-based for-profit and nonprofit enterprises. This new NDLS clinic provides students with supervised legal practice experience representing nonprofits and small businesses in transactional matters, including corporate formation, tax exemption, risk management planning, regulatory compliance and real estate transfers. The Community Development Project is being led by professor Professor James Kelly, who comes to NDLS from Baltimore where he successfully built and led a similar clinic. Professor Kelly has deep experience in community development and was recently asked by Pete Buttigieg, South Bend’s new mayor, to co-chair a task force on abandoned housing in South Bend.

Meanwhile, the NDLS Intellectual Property and Entrepreneurship Clinic just opened this January. Under the supervision of the newest member of our clinical faculty, Jodi Clifford, students gain valuable experience in applying intellectual property law to client problems and offer assistance to local businesses and entrepreneurs. Professor Clifford comes to NDLS from the Cleveland office of Thompson Hine, where her practice incorporated all aspects of intellectual property law.

In addition to the clinics, we have externships in asylum law, in intercollegiate athletics administration (which, as you can imagine, is a very popular choice for Irish students), and at the public defender’s office. Dean Jones is considering how we might offer additional opportunities for fieldwork by expanding in new geographical areas as well as new areas of law. Creating programs in other cities such as Chicago that have a substantial Notre Dame presence will enable NDLS students to take advantage of fieldwork opportunities outside South Bend.

No one program – or series of programs – can counter all the challenges facing today’s law students, but like all the other Indiana law schools, Notre Dame is determined to be pro-active in adapting to the changing needs of the legal marketplace. We are fortunate to have a national group of alumni who are actively engaged with the law school. They hire and mentor our students but are also willing to provide invaluable advice about the changing nature of law practice. I am convinced that by listening and evolving, we can continue to give our students the best opportunity to use their talents for the benefit of their clients, their profession, and the common good.•

__________

Nell Jessup Newton is The Joseph A. Matson Dean and Professor of Law at Notre Dame Law School. She has served as dean since 2009.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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