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104 A.B.A. J. 36 (2018)
New School: Founded by Yale Law School and the San Francisco City Attorney7, a Civil Litigation Clinic Aims to Train Law Students - And Make a Difference

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Business of Law





   New School

   Founded by Yale Law School and the San Francisco city attorney, a civil litigation

   clinic  aims   to  train  law   students-and make a difference By Stephanie Francis Ward


                CIVIL PROCE-
              DU RE IS OFTEN
  Education
              the hardest class in
              law school, but Yale
              Law School thinks
students will learn more by doing.
  The school has set up a law
clinic for first-, second- and
third-year students to work
on novel lawsuits with the San
Francisco City Attorney's Office.
This approach makes the subject
easier and more meaningful,
according to some of the students.

A 'SECRET WEAPON'
  The students already have
made  an impact. A recent lawsuit
that involved the clinic, known
as the San Francisco Affirmative
Litigation Project, was City
and County  of San Francisco
v. Trump. In the case, filed last
year in the U.S. District Court for
the Northern District of California,


Heather Gerken: Yale students put five semesters into a
clinic where they can do incredibly sophisticated work'


  Had I not been working
on the case, I don't know
if I would have been as
motivated, says Emma
Sokoloff-Rubin, another 3L.
Working with a librarian
learning research skills
can seem boring until you
are applying them and you
learn how they matter.

MORE   WINS
  California law allows
certain state and local
officials, including the
San Francisco city attorney,
to bring lawsuits on behalf
of all state residents.
  Other matters the project
has handled include a 2014
state court action that
resulted in a $1.1 billion
judgment against three
lead-paint manufacturers,
and Hollingsworth v. Perry,


the clinic argued it's unconstitutional to withhold
federal funds from cities that limit local law-enforcement
cooperation with federal immigration agents.
  In November, the court blocked President Donald
Trump's executive order to deny federal grants to sanctuary
cities. The case has been appealed to the 9th U.S. Circuit
Court of Appeals at San Francisco.
  When  you are in high-stakes litigation you have little
time, and it really crystallizes which elements in the proce-
dural toolbox are most useful, especially in a case like this
one, says Jeremy Pilaar, a third-year law student working
on the lawsuit. Students can join the clinic, which is one
of 30 at Yale, during the second semester of their first year.
  Mollie Lee, a deputy San Francisco city attorney and the
lead lawyer in the district court proceedings, describes the
law students as a secret weapon. It's a small, public law
office, she says, and students take on significant research
that the office by itself may not be able to accomplish.
  Additionally, some of the students say the clinic
work makes the legal-research learning process much
more enjoyable.


which argued that California's same-sex marriage ban was
unconstitutional.
  The 9th Circuit found in 2012 that the voter-passed law
known  as Proposition 8, which banned same-sex marriage,
violated the Constitution. The state of California opted
not to defend the action, and in 2013, the U.S. Supreme
Court found that the petitioners, intervenors affiliated
with groups that opposed same-sex marriage, did not
have standing.
  This was dubbed the trial of the century, and my stu-
dents got to help, says Heather Gerken, leader of the clinic.
She was appointed dean at Yale in 2017 and says she opted
to continue overseeing the clinic rather than teaching a
lecture class because she finds the work fulfilling.
  Sometimes the model in other schools is that you have
a one-semester model. You learn a little bit, and you do a
small case, Gerken says. Our students are able to put
five semesters into a clinic where they can do incredibly
sophisticated work. I said to my students, 'You know, you'd
be lucky to get to work on a case like this once in a lifetime.
You never win a nationwide case against the president.' E


36  1 ABA JOURNAL APRIL 2018


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