Clinical Theory Workshop Presentations, 1985-2003 The list that follows includes publication information whenever available; as workshop members will recall, many or most of the workshop papers had not been published when they were presented here. The list also gives the presenters' schools; if the speakers have changed schools since their workshop, only the present school is given. All workshops since the Fall of 1992 have met at New York Law School; before that, the workshops met at Columbia Law School. If you see any errors or omissions in this list, please contact Stephen Ellmann at NYLS.

Spring, 1985:

Anthony G. Amsterdam (NYU School of Law), Clinical Legal Education--A 21st Century Perspective, 34 J. Legal Educ. 612 (1984)

Fall, 1985:

David A. Koplow and Philip G. Schrag (both of Georgetown University Law Center), and Lisa G. Lerman (Catholic University, Columbus School of Law), The Learning Contract in Legal Education (co-authored with Jane H. Aiken and J.P. (Sandy) Ogilvy), 44 Md. L. Rev. 1047 (1985)

Spring, 1986:

Dean Hill Rivkin (University of Tennessee College of Law), "Petty Disturbances": Lawyering, Power and Reform (see Dean Hill Rivkin, Lawyering, Power, and Reform: The Legal Campaign to Abolish the Broad Form Mineral Deed, 66 Tenn. L. Rev. 467 (1999)

Spring, 1987:

Robert D. Dinerstein (American University, Washington College of Law), How Lawyers Present Choices to Their Clients: Some Notes on Putting Client-Centeredness Theory into Practice, (see Robert D. Dinerstein, Client-Centered Counseling: Reappraisal and Refinement, 32 Ariz. L. Rev. 501 (1990))

Fall, 1987:

Robert J. Condlin (University of Maryland Law School), "Tastes Great, Less Filling": The Law School Clinic and Political Critique, 36 J. Legal Educ. 45 (1986) Jonathan M. Hyman, (Rutgers (Newark) Center for Law & Justice), Trial Advocacy and Methods of Negotiation: Can Good Trial Advocates Be Wise Negotiators?, 34 U.C.L.A. L. Rev. 863 (1987)

Spring, 1988:

William H. Simon (Columbia Law School), Ethical Discretion in Lawyering, 101 Harv. L. Rev. 1083 (1988)

John S. Elson (Northwestern University School of Law), The Case Against Legal Scholarship, or, If the Professor Must Publish, Must the Profession Perish?, 39 J. Legal Educ. 343 (1989) Fall, 1988:

Richard K. Neumann, Jr. (Hofstra University School of Law), A Preliminary Inquiry into the Art of Critique, 40 Hastings L.J. 725 (1989) Susan Bryant (CUNY Law School at Queens College), Collaboration in Law Practice: A Satisfying and Productive Process for a Diverse Profession, 17 Vt. L. Rev. 459 (1993)

Spring, 1989:

Peter Margulies (Roger Williams University School of Law), "Who Are You to Tell Me That?": Attorney-Client Deliberation Regarding Nonlegal Issues and the Interests of Nonclients, 68 N. Ca. L. Rev. 213 (1990) Anthony V. Alfieri (University of Miami School of Law), The Antinomies of Poverty Law and a Theory of Dialogic Empowerment, 16 N.Y.U. Rev. L. & Soc. Change 659 (1987-88)

Fall, 1989:

Paul R. Tremblay (Boston College Law School), Toward a Community-Based Ethic for Legal Services Practice, 37 U.C.L.A. L. Rev. 1101 (1990)

Spring, 1990:

Peter Toll Hoffman (University of Houston Law Center), Valuation of Cases for Settlement: Theory and Practice, 1991 J. Dispute Resolution 1 Lucie E. White (Harvard Law School), Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G., 38 Buffalo L. Rev. 1 (1990) Ann Shalleck (American University, Washington College of Law), One Theory of Clinical Supervision: Drama and Commentary (see Ann Shalleck, Clinical Contexts: Theory and Practice in Law and Supervision, 20 N.Y.U. Rev. L. & Soc. Ch. 109 (1993)) Gerald P. López (New York University School of Law), Training Future Lawyers to Work with the Politically and Socially Subordinated: Anti-Generic Legal Education, 91 W. Va. L. Rev. 305 (1988-89)

Fall, 1990:

Graham B. Strong (Santa Clara University School of Law), The Lawyer's Left Hand: Non-Analytical Thought in the Practice of Law, 69 U. Colo. L. Rev. 759 (1998) Suellyn Scarnecchia (University of New Mexico School of Law), Gender & Race Bias Against Lawyers: A Classroom Response, 23 U. Mich. J. of Law Reform 319 (1990) Harold A. McDougall (Howard University School of Law), Public Policy Law: Theory and Practice (see Harold A. McDougall, Lawyering and the Public Interest in the 1990s, 60 Fordham L. Rev. 1 (1991))

Spring, 1991:

Lisa G. Lerman (Catholic University, Columbus School of Law), Lying to Clients, 138 U. Pa. L. Rev. 659 (1990) Kathleen Sullivan (Yale Law School), Self-Disclosure, Separation, and Students: Intimacy in the Clinical Relationship, 27 Ind. L. Rev. 115 (1993) Marie Ashe (Suffolk University Law School), Abortion of Narrative: A Reading of the Judgment of Solomon, 4 Yale J. L. & Feminism 81 (1991)

Fall, 1991:

James H. Stark, Jon Bauer & James Papillo (University of Connecticut School of Law), Directiveness in Clinical Supervision: A Survey 3 B.U. Pub. Int. L.J. 35 (1993) Stephen Ellmann (New York Law School), Client-Centeredness Multiplied: Individual Autonomy and Collective Mobilization in Public Interest Lawyers' Representation of Groups, 78 Va. L. Rev. 1103 (1992) Nancy Morawetz (NYU School of Law), Bargaining, Class Representation, and Fairness, 54 Ohio St. L.J. 1 (1993)

Spring, 1992:

Frank S. Bloch (Vanderbilt University School of Law), Disability Determination: The Administrative Process and the Role of Medical Personnel (1992) (chapters 5 and 7) Beryl Blaustone (CUNY Law School at Queens College), To Be Of Service: The Lawyer's Aware Use Of The Human Skills Associated With The Perceptive Self, 15 J. Legal Prof. 241 (1990)

Jane Spinak (Columbia Law School), Reflections on a Case (of Motherhood), 95 Colum. L. Rev. 1990 (1995) Fall, 1992:

Abbe Smith (Georgetown University Law Center), Rosie O'Neill Goes to Law School: The Clinical Education of the Sensitive New Age Public Defender, 28 Harv. Civ. Rts.-Civ. Lib. L. Rev. 1 (1993) Carrie Menkel-Meadow (Georgetown University Law Center), The Clinic as Social Science Lab: What Mandatory Mediation Tells Us About Negotiation Larry Grosberg, Carol Buckler and Rick Marsico (New York Law School), A Collaborative Effort at Creating a Multiple Use Simulation Problem (Sills v. Englar Pharmaceutical, Inc.)

Spring, 1993:

Richard Sherwin (New York Law School), LAW FRAMES: Historical Truth and Narrative Necessity in a Criminal Case, 47 Stan. L. Rev. 39 (1994) Homer La Rue (Howard University School of Law), Ethical Disclosures by Arbitrators of Color: An Empirical Investigation of Changes in the Rules of the Game Naomi Cahn (George Washington University Law School), Inconsistent Stories, 81 Geo. L.J. 2475 (1993)

Fall, 1993:

Gay Gellhorn, Lynne Robins and Pat Roth (District of Columbia School of Law, University of Michigan, Department of Postgraduate Medicine, and American University, Washington College of the Law, respectively), Law and Language: Ethnography in a Law School Clinic, 1 Clinical Law Review 245 (1994) Michelle Jacobs (University of Florida College of Law), People From the Footnotes: The Missing Element in Client Centered Counseling, 27 Golden Gate L. Rev. 345 (1997)

Spring, 1994:

David Binder (UCLA School of Law), Excerpts from Albert A. Moore, Paul Bergman & David A. Binder, Trial Advocacy: Inferences, Arguments, and Trial Techniques (1996) Mary Zulack (Columbia Law School), Augmenting Interviewing with Role-Playing: Engaging the Fullness of the Client's Experience for Decision-making (published as Reconsidering Client Decisionmaking: The Impact of Role-Playing, 1 Clinical Law Review 593 (1995)) Isabelle R. Gunning (Southwestern University School of Law), 4

Diversity and Culture in Mediation: Controlling the Impact of Negative Cultural Myths (see Diversity Issues in Mediation: Controlling Negative Cultural Myths, 1995 J. Disp. Res. 55) Randy Hertz (NYU School of Law), Memorandum on current responses to the MacCrate Report and its Statements of Skills and Values Fall, 1994:

Phyllis Goldfarb (Boston College Law School), A Clinic Runs Through It, 1 Clinical Law Review 65 (1994) Binny Miller (American University, Washington College of Law), Give Them Back Their Lives: Client Narrative and Case Theory, 93 Mich. L. Rev. 485 (1994)

Spring, 1995:

Charles J. Ogletree, Jr. (Harvard Law School), The People vs. Anita Hill: A Case for Client-Centered Advocacy Richard Boswell (University of California, Hastings College of the Law), Clinical Scholarship: Skills and Values Clark D. Cunningham and Bonnie S. McElhinny (Washington University School of Law and Washington University, Social Thought & Analysis, respectively), Taking It to the Streets: Putting Discourse Analysis to the Service of a Public Defender's Office, 2 Clin. L. Rev. 285 (1995) Michael Perlin and Keri Gould (New York Law School and St. John’s University School of Law, respectively), More Than Betty Crocker: Clinical Education from Scratch ... Therapeutic Jurisprudence and Clinical Teaching, 24 Seattle U.L. Rev. 339 (2000)

Fall, 1995:

Minna Kotkin (Brooklyn Law School), Professionalism, Gender and the Public Interest: The Advocacy of Protection, 8 St. Thomas L. Rev. 157 (1995) Victor Goode (CUNY School of Law at Queens College) and Conrad Johnson, Mary Zulack and Brian Donnelly (all of Columbia Law School), Electric Views: The Creation and Use of Electronic Materials in the Clinic

Spring, 1996:

James H. Stark, University of Connecticut, Preliminary Reflections on the Establishment of a Mediation Clinic, 2 Clin. L. Rev. 457 (1996) Jane Harris Aiken (Washington University School of Law), Teaching Compassion (see Jane Harris Aiken, Striving to Teach 5

“Justice, Fairness and Morality”, 4 Clin. L. Rev. 1 (1997) Mark Spiegel (Boston College Law School), The Case of Mrs. Jones Revisited: A Belated Reply to William Simon (see Mark Spiegel, The Case of Mrs. Jones Revisited: Paternalism and Autonomy in Lawyer-Client Counseling, 1997 B.Y.U. L. Rev. 307 (1997)) Odeana R. Neal (University of Baltimore School of Law), Transference and Countertransference in the Clinical Supervisory Experience Fall, 1996:

Robert Dinerstein (American University, Washington College of Law), Client Counseling: State of the Art, State of the Skill Stacy Caplow (Brooklyn Law School), A Year in Practice: The Journal of a Reflective Clinician, 3 Clin. L. Rev. 1 (1996) Jean Koh Peters (Yale Law School), The Lawyer at the Interdisciplinary Meeting, a chapter from her book Representing Children in Child Protective Proceedings: Context, Ethics, Practice (1997) Daniel J. Givelber, Brook K. Baker (the speaker at the workshop), John McDevitt & Robyn Miliano (all of Northeastern University), Learning Through Work: An Empirical Study of Legal Internship, 45 J. Legal Educ. 1 (1995)

Spring, 1997:

Roy Stuckey (University of South Carolina), Make Me Happy: How to Negotiate Effectively, 5 Clin. L. Rev. 211 (1998) Peggy Cooper Davis and Elizabeth Ehrenfest Steinglass (NYU School of Law), A Dialogue About Socratic Teaching, 23 N.Y.U. R. L. & Soc. Ch. 249 (1997)

Fall, 1997:

David F. Chavkin (American University, Washington College of Law), Am I My Client's Lawyer?: Legal Constraints on the Supervising Attorney-Client Relationship (see David F. Chavkin, Am I My Client’s Lawyer? Role Definition and the Clinical Supervisor, 51 S.M.U. L. Rev. 1507 (1998)) Ian Weinstein (Fordham University School of Law), Facts: The Mysterious Other Half of Thinking Like a Lawyer Paula C. Johnson (Syracuse University College of Law), Learning to Drive, Driving to Learn: Reflections on the Development of the Law in Zimbabwe Program, 1 J. Gender, Race & Justice 471 (1998) 6

Spring, 1998:

C. Michael Bryce (St. John's University School of Law), Plato v. Hume Plate Randolph N. Stone (University of Chicago Law School), Murder in the Clinic Anthony G. Amsterdam & Nancy Morawetz (both of NYU School of Law), Applying Narrative Theory to Litigation Planning

Fall, 1998

Nina W. Tarr (University of Illinois College of Law), The Law, Ethics and Integrity of Using Clients’ and Students’ Experiences as the Basis for Scholarship (see Nina W. Tarr, Clients’ and Students’ Stories: Avoiding Exploitation and Complying With the Law to Produce Scholarship With Integrity, 5 Clin. L. Rev. 271 (1998)) Stephen Ellmann (New York Law School), Truth and Consequences, 69 Fordham L. Rev. 895 (2000) (a chapter for a forthcoming book on legal interviewing and counseling, being written by Robert Dinerstein, Stephen Ellmann, Isabelle Gunning and Ann Shalleck) Joan Meier (George Washington University Law School), Domestic Violence, Character, and Social Change in the Welfare Reform Debate, 19 Law & Policy 205 (1997)

Spring, 1999

Mary Jo Eyster (Brooklyn Law School) & Keri Gould (St. John’s University School of Law), discussing developments in the ongoing revision of the ABA’s accreditation standards (with submissions on this topic to the Standards Review Committee of the ABA Section of Legal Education and Admissions to the Bar, from the Clinical Legal Education Association and from externship directors and teachers, as reading) Anthony Alfieri (University of Miami School of Law), (Er)Race-ing an Ethic of Justice, 51 Stan. L. Rev. 935 (1999) Jon C. Dubin (Rutgers (Newark) Center for Law & Justice), Faculty Diversity as a Clinical Legal Education Imperative, 51 Hastings L. Rev. 445 (2000)

Fall, 1999

J.P. (Sandy) Ogilvy (Catholic University of America School of Law), Draft Guidelines/Standards for the Evaluation of Clinical Legal Education Programs (see J.P. Ogilvy, Guidelines With Commentary for the Evaluation of Legal Externship Programs, 38 Gonzaga L. Rev. 155 (2002-03)

7

Antoinette Sedillo Lopez (University of New Mexico School of Law), Clinics and the Social Justice Mission: On the Difference Subject Matter Makes (see Antoinette Sedillo Lopez, Learning Through Service in a Clinical Setting: The Effect of Specialization on Social Justice and Skills Training, 7 Clin. L. Rev. 307 (2001) Deborah Maranville (University of Washington School of Law), Passion, Context, and Lawyering Skills: Choosing Among Simulated and Real Clinical Experiences, 7 Clin. L. Rev. 123 (2000) Spring, 2000

Margaret Martin Barry (Catholic University of America School of Law), Jon Dubin (Rutgers (Newark) Center for Law & Justice) & Peter Joy (Washington University School of Law), The Third Wave: Clinical Education for This Millennium (see these authors’ Clinical Education for This Millennium: The Third Wave, 7 Clin. L. Rev. 1 (2000)) Kimberly O’Leary (Thomas M. Cooley Law School), When Context Matters: How to Choose an Appropriate Client Counseling Model, 4 Thomas M. Cooley J. Prac. & Clin. L. 103 (2001) Eileen Kaufman, Jack Battaglia & Tom Maligno (all of Touro Law Center’s Central Islip Program Committee), discussing their Committee’s ongoing work in developing a new curriculum to “take advantage of the opportunities” which Touro anticipated at its new location in Central Islip, where it was to “share a law campus with an extensive state and federal court complex” (with planning materials as reading) Stefan Krieger & Richard Neumann (both of Hofstra University School of Law), discussing excerpts from their textbook (with Kathleen McManus and Steven Jamar), Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis (1st ed. 1999)

Fall, 2000

Philip Genty (Columbia Law School), Clients Don’t Take Sabbaticals: The Indispensable In-House Clinic and the Teaching of Empathy, 7 Clin. L. Rev. 273 (2000) David Binder (UCLA School of Law), A Live-Client Course in Deposition Questioning Strategies & Techniques Marjorie Silver (Touro College, Jacob D. Fuchsberg Law Center), Multicultural Lawyering and Emotional Competence (see Marjorie A. Silver, Emotional Competence, Multicultural Lawyering and Race, 3 Fla. Coastal L.J. 219 (2002))

Spring, 2001

Peter Margulies (Roger Williams University School of Law), Public 8

Interest Lawyering and the Pragmatist Dilemma Abbe Smith (Georgetown University Law Center) & Ilene Seidman (Suffolk Law School), Lawyers for the Abused and Lawyers for the Accused: An Interfaith Marriage, 47 Loyola L. Rev. 415 (2001) Shin Imai (Osgoode Hall Law School, York University), Preliminary Thoughts on Community, Critical Race Praxis, and Clinical Pedagogy or, “What I Teach My Students” (see Shin Imai, A Counter-Pedagogy for Social Justice: Core Skills for CommunityBased Lawyering, 9 Clin. L. Rev. 195 (2002)) Fall, 2001

Michael Perlin (New York Law School), “You Have Discussed Lepers and Crooks”: Sanism in Clinical Teaching, 9 Clin. L. Rev. 683 (2003) Peter Joy (Washington University School of Law) & Robert Kuehn (University of Alabama School of Law), Ethical Considerations in Law Clinic Case and Client Selection (see these authors’ Conflict of Interest and Competency Issues in Law Clinic Practice, 9 Clin. L. Rev. 493 (2002), and An Ethics Critique of Interference in Law School Clinics, 71 Fordham L. Rev. 1971 (2003))

Spring, 2002

Elliott Milstein (American University, Washington College of Law), Clinical Education, Indeterminacy and the Reform of the Law School Curriculum Russell Engler (New England School of Law), The MacCrate Report Turns 10: Assessing Its Impact and Identifying Gaps We Should Seek to Narrow, 8 Clin. L. Rev. 109 (2001). This workshop was also a celebration of the MacCrate Report’s 10th Anniversary, and included comments by Robert MacCrate, as well as by Margaret Martin Barry (Catholic University School of Law), Richard Matasar (New York Law School) and Barbara Schatz (Columbia Law School). Margaret Montoya (University of New Mexico School of Law), Using Clinical Pedagogy and Critical Raza Theory to Forge Collaborations With K-12 Educator - Activists Susan Bryant (CUNY School of Law at Queens College), discussing her paper, co-authored with Jean Koh Peters (Yale Law School), Five Habits for Cross-Cultural Lawyering

9

Fall, 2002:

Daniel S. Medwed (Brooklyn Law School), Actual Innocents: Considerations in Selecting Cases for a New Innocence Project, 81 Nebraska L. Rev. 1097 (2003) Russell Lovell (Drake Law School), The Drake First-Year Practicum Larry Grosberg (New York Law School), Proposal for Public Service Alternative Bar Exam (discussing the Joint Committee Report of the Committees on Legal Education and Admission to the Bar of the Association of the Bar of the City of New York and the New York State Bar Association, Public Service Alternative Bar Examination (June 14, 2002)

Spring, 2003

Jennifer Lyman (George Washington University Law School), What’s The Problem? Learning About Problem Solving, Outside the Icebox Paul R. Tremblay (Boston College Law School), Moral Activisim Manqué, 44 S. Tex. L. Rev. 127 (2002) Isabelle Gunning (Southwestern University School of Law), Basic Interviewing Techniques and Basic Interviewing Model (chapters from a forthcoming textbook on legal interviewing and counseling, being written by Robert Dinerstein, Stephen Ellmann, Isabelle Gunning and Ann Shalleck)

Fall, 2003

Melissa L. Breger (Albany Law School), Gina M. Calabrese (St. John’s University School of Law) & Theresa A. Hughes (Hofstra University School of Law, “Teaching Professionalism in Context: Analyzing Insights from Students, Clients, Adversaries and Judges,” 55 S.C. L. Rev. 303 (2003) Conrad Johnson (Columbia University School of Law), “Lawyering in the Digital Age” Peter B. Knapp & Bradford Colbert (William Mitchell College of Law), “Is Honesty the Only Policy? Lying to Our Clients, Lying for Our Students” Robert Condlin (University of Maryland School of Law), “‘What’s Love Got to Do With It?’ - ‘It’s Not Like They’re Your Friends for Christ’s Sake’: The Complicated Relationship Between Lawyer and Client,” 82 Neb. L. Rev. 211 (forthcoming)

Spring, 2004

Jean Koh Peters (Yale Law School) & Mark Weisberg (Queen’s University, Faculty of Law), “Experiments in Listening” Ann Moynihan & Ian Weinstein (Fordham University School 10

of Law), “The Dream of a Common Language: Interdisciplinary Collaboration on Behalf of Families” Muneer Ahmad (American University, Washington College of Law), “Lawyering for Limited English Proficient Clients”

11