Course Descriptions
601 - Children and the Law (3). 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. (Geraghty)
601 - Child, Parent and State (3). 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)
602 - ChildLaw Trial Practice (3). 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)
603 - Interdisciplinary Seminar on Domestic Violence (3).
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 is provided. Subsequent classes focus on the interrelationship between different disciplines as they address 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. Students are challenged to consider the strengths and weakness of the responses of various disciplines, and their interaction. (Weinberg)
606 - ChildLaw Legislation (2). This seminar examines the legislative process including its limitations and powers. The seminar includes an indepth look at the development of state and federal child welfare laws. Students have an opportunity to work on a legislative 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. (Weinberg)
607 - M.J. Introduction to the Law - ChildLaw (2). This course will introduce M.J. students to the legal system and basic terminology used in case law, statutory analysis, and the socratic method of course instruction. The primary focus of the summer session is to cultivate familiarity with the basics of legal research and writing. Students will complete short exercises that solidify their grasp of legal writing, research and correct citation. A final project is a short office memorandum in which students will incorporate the various areas addressed during the course. Students also will have initial training in the basics of online legal research. (Warzynski)
608 - Juvenile Justice (2). The American juvenile court was created at the end of the nineteenth century in response to what many believed was the inability of exiting institutions to adequately address the needs of children. The new court was intended to enable judges and support staff to devise individualized treatment for each child who appeared in court. Juries, lawyers, and other features of the traditional criminal court would not be present.
At the start of the twenty-first century, the American juvenile court retains some of its original features, but in other ways it is quite different from what its founders envisioned. There is a vibrant debate today about whether the juvenile court should continue to exist at all. Some think that it has never delivered on its promise. Others think that it is not an adequate response to modern forms of misconduct and lawbreaking by children.
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)
609 - M.J. ChildLaw Thesis and Professional Development (3). Students will spend the semester researching and writing their thesis. Classes will briefly review research technique and writing style with an emphasis on sharpening legal skills and analysis. Each student will complete a paper of publishable quality. In addition, this course will focus on professional development. Guest speakers will provide students with "real-life" experience and an opportunity to explore career choices.
610 - International Children's Human Rights (1). 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)
611 - M.J. Family Law (2). This course is a study of cases, statues, 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. (Kuffer)
613 - ChildLaw Fellows Seminar (1). 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 rhe complex and evolving systems that affect children and their families. (Geraghty)
614 - M.J. Child and Family Law Seminar (1). A review of current ChildLaw practice topics, this course examines problem areas confronted by practitioners. The format should vary between lectures/discussions and problem solving sessions. (Geraghty, Shaw)
615 - Child and Family Law Mediation (2). 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.
616 - M.J. Legal Research and Writing (2). The emphasis of this course is case analysis and legal writing. Students will review and utilize the research skills developed in the Introduction to Law class. Assignments include researching and writing memos about current topics in juvenile and family law.
620 - Civitas ChildLaw Clinic (2-4*). 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.
626 - Mediation Practicum (1,2). 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.
627 - M.J. ChildLaw Torts/Civil Procedure (2). Students explore the basics of civil procedure and torts law as these relate to being advocates for children. Students are given an overview of each topic and are tested in each area in order to prepare them for issues that arise in other courses.
628 - M.J. ChildLaw Constitutional/Administrative Law (2). During the second semester of the M.J. seminar, students study select areas of constitutional and administrative law as these pertain to childlaw issues. By studying these areas, and the principles studied in the torts/civil procedure seminar, students will be prepared to take the advanced courses within the childlaw program.
641 - ChildLaw Directed Study (1, 2, 3). 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)
643 - Children's Legal Rights Journal Editorial Board (2, 3). 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 communcation with the publisher. (Geraghty)
644 - Children's Legal Rights Journal Associate Editors (1). 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)
645 - Children's Legal Rights Journal Senior Editors (1). 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)
651 - LL.M. ChildLaw Paper (Fall/Spring)
Professor Gearghty 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)
652 - LL.M. ChildLaw Paper Completion (Fall/Spring)
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)
653 - LL.M. Seminar (Fall/Spring) (1)
A review of current ChildLaw practice topics, this course examines problem areas confronted by practitioners. The format alternates between lectures/discussions and problem solving sessions. (Geraghty)
654 - Current Issues in ChildLaw Seminar (2). This interdisciplinary seminar is designed to give students an opportunity to engage in an in-depth exploration of current and emerging issues in children's law. The seminar will focus on the legal implications of current child welfare policy and practice, ongoing efforts at child welfare and juvenile justice reform through state and federal initiatives, the use of empirical research in guiding child welfare and juvenile justice initiatives, and long term implications for families and children. Specific topics include, among others, an introduction to the concept of therapeutic jurisprudence, advocacy for children in the child welfare and juvenile justice systems, the role of race and class in permanency planning for children, the legal and ethical implications of privatized child welfare services, and ancillary domestic relations issues that often arise within child welfare.
661/662 - M.J. Introduction to ChildLaw I and II (2 each). Introduction to ChildLaw I and II is a two semester course which covers many different areas of law that affect children. The first semester focuses on criminal law, delinquency, child protection and domestic relations. The second semester focuses on decisional capacity, mental health law, school law and courtroom advocacy issues. This introductory course prepares students for more advanced classroom study while providing practical tools to advocate for children.
663 - Children's Summer Institute (2). 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)
664 - Special Education Law (2). The number of children with special needs is rising, and lawyers, educators and parents increasingly need to be familiar with federal and state policies affecting these children in the education setting. This course begins with an introduction to the statutory framework and major decisions affecting special education. It then turns to the topic of individual education plans and placement issues. The second half of the class focuses on dispute resolution in special education cases, including due process hearings and mediation, and also discusses the issue of litigation and attorneys fees in state and federal court. (Dressner, Moran)
