Child and Family Law

Students provide civil representation to indigent persons incarcerated in Minnesota. Students represent clients from interview through any trial. Cases include domestic relations, imprisonment-related matters (institutional grievances, parole, and detainers), and the full range of other civil problems including debtor-creditor, wills, contracts, torts, and civil rights issues. Students generally take the Clinic for two semesters; as a result, students in their final semester of law school cannot register for the LAMP Clinic for the first time without the express permission of the instructor. This clinic may be taken for 3 or 4 credits. Students may not register for more than one clinic during the same semester without the consent of both instructors. Students may not drop a clinic course online later than one week prior to the start of the semester. Students may drop through the add/drop deadline by using the drop form found on the registrar's website. The classroom component of this course meets in-person. For more information about this clinic, students should consult the information on the clinic webpage: https://mitchellhamline.edu/clinics/lamp-legal-assistance-to-minnesota-prisoners/ PreReq: LAW- 2015 Take 1 as additional PreReq: LAW- 2000, LAW- 2001, LAW- 2002

Students intern with family law practitioners engaged in various professional roles such as mediator, collaborative lawyer, guardian ad litem and traditional practitioner in private and public settings. During the semester, externs will meet regularly as a group with the faculty supervisor. These two hour meetings will encourage critical analysis and reflection. This course may be taken for 1 or 2 credits. Students may be placed in existing externships or may locate and propose their own placement. PreReq: LAW- 2015 & LAW- 3215

This course discusses the legal relationship between children, parents, and the state, specifically dealing with statutory and constitutional rights of children and families in the juvenile justice system, civil proceedings of abuse and neglect, and education. It further examines federal and state governments’ regulation of families and children in the context of various cultures, and explores the notions of parens patriae and strict scrutiny and whether there are situations in which the government extends its reach too far. This course will offer students an opportunity to review and discuss the notions of “children’s rights” and “best interests” from various perspectives. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from the faculty member or each other for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction among students and between the students and the faculty member, either synchronously or asynchronously. Source: ABA Standard 306(a). PreReq: LAW- 2005

This course examines legal, ethical, and social issues raised by our nation's growing elder population. Focus is on the practical application of concepts in Elder Law. Special attention is given to: (1) ethical issues in elder representation; (2) family issues, such as grandparent rights and marriage; (3) retirement; (4) property management, including joint ownership and financial accounts, trusts, and estate planning; (5) alternative decision-making, including health care directives, powers of attorney, and guardianship and conservatorship; (6) managing and paying for health care, including Medicaid, Medicare, and long-term care insurance; (7) health care options and licensing and regulation of health care and housing providers; (8) elder abuse, neglect, and financial exploitation; (9) remedies, such as criminal, administrative, and civil remedies, including medical malpractice; (10) elder mediation; and (11) end-of-life issues, including POLST and physician aid in dying. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.

Family mediation offers divorcing couples a cooperative and constructive way to resolve differences and plan for the future. Minnesota now requires that mediation be considered early in the dissolution process. The interactive course provides students with the opportunity to become qualified family neutrals under Supreme Court Rule 114. Students study conflict resolution and emotional issues surrounding divorce as well as learning specific techniques for mediating custody and property disputes. Special attention is paid to identifying families experiencing domestic violence. A variety of teaching methods are used, including demonstrations, role play, and discussion. PreReq: LAW- 3215 OR LAW- 3430 Students cannot earn credit in both LAW- 3220 Family Mediation and LAW- 3430 Mediation.

Provides a comprehensive overview of the federal laws as well as policy affecting the ability of foreign nationals to obtain visas to enter and to lawfully remain in the U.S. Topics include the organizational structure of the different branches of government impacting on immigration laws; historical, political, and social aspects of immigration legislation; visa processing and admission requirements; removal grounds and procedures as well as waivers; relief from deportation; applications and petitions; refugees and political asylum; judicial review; and citizenship and loss thereof.

Examines the fundamentals of federal income taxation, including gross income, deductions and credits, assignment of income principles, methods of accounting, gains from dealings in property, non-recognition, capital gains and losses, and tax procedure.

Examines the procedural and substantive law and judicial administration of the courts in the area of juvenile delinquency. Primary concentration is on rights of accused delinquents, detention and police conduct, constitutional protection, trial, adjudication, reference for adult prosecution, treatment, and the proper function of the lawyer and the court in the juvenile court system. PreReq: LAW- 1016

This course will focus on understanding the pathways for LGBTQ+ youth into juvenile justice and on the reasons why they may languish in child welfare. The course will explore local, regional and national policies and initiatives designed to disrupt those pathways and improve outcomes for systems involved LGBTQ+ youth.

This course covers some fundamental issues in real estate law. Students will draft deeds, perform a title search and draft an abstract of title, negotiate a residential purchase and sale, negotiate a letter of intent for a commercial lease, and advise a client on fair housing issues. Blended courses open to all J.D. students. PreReq: LAW- 1035

This course will discuss the biological, social, and emotional effects of trauma experienced by individuals and families involved in legal systems. Students will gain skills to incorporate neuroscience and social science research into legal practice to effectively address the trauma experienced by their clients within the boundaries of an attorney-client relationship. There will be discussion of the adequacy of current legal systems’ trauma response and an opportunity to consider methods of change. This course will pay special attention to the ethical responsibility lawyers have to understand and address the trauma of their clients and themselves, including the relationship between competence, zealous advocacy and trauma responsive practices. This course will offer an opportunity to implement lawyering skills through group work and case scenarios. Online asynchronous course. Students may take up to 27 credits under the 83 credit requirement (28 under the 86 credit requirement) toward their J.D. degree through courses that are designated "distance education courses." This course counts toward the distance education credit limit. A distance education course is one in which students are separated from the faculty member or each other for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction among students and between the students and the faculty member, either synchronously or asynchronously. Source: ABA Standard 306(a).

This course will examine the epidemic of youth homelessness including the history, policy trends, systems and movement for responding. Invisible, alone and thrown away, every night more than 1.3 million youth in the United States are homeless and vulnerable to abuse, disruptions to their education leading to long-term poverty and sex trafficking. These youth represent the failures of child welfare safety nets and juvenile corrections systems. In this course, students will learn about, explore and discuss youth homelessness including emerging policy issues and case law. This course will also examine the issues youth homelessness intersects with including race, racism, institutional bias, discrimination, bullying and harassment of GLBTQ youth. Students will meet and talk with leaders in the homeless youth field and be able to develop and propose promising policy solutions to youth homelessness because of this course. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits.