Å·ÃÀÎÞÂë

Independent Law Firm

The Appellate clinic is supervised by Professor with a focus on pro bono civil appeals in the United States Court of Appeals for the Ninth Circuit. Certified student practitioners review the trial court record, identify and research issues for appeal, prepare an opening brief and a reply brief, and present the oral argument to the court. The clinic seeks to directly support the push for greater equity by representing incarcerated individuals seeking to uphold their own dignity.

The Bankruptcy Litigation Clinic involves representing an indigent party in Federal Bankruptcy Court. Certified student practitioners will handle cases from beginning to end. Work will include: extensive discussions and meetings with the client to understand their case and its bases, drafting a complaint or answer, conducting discovery, participating in motion practice, and, finally, presenting the client’s case at the trial. Typical cases involve representing a debtor seeking to discharge debts (such as student loan debt) that are not automatically discharged through the underlying bankruptcy filing or defending a debtor against creditors seeking to have their debts determined to be non-dischargeable in bankruptcy. Certified student practitioners are under the supervision of bankruptcy attorneys from the firm of .

The Community Justice Project (CJP), under the supervision of Professor , works closely with community based partners to solve disparities in such areas as juvenile justice, housing, education, and criminal justice systems by proposing and applying public policy solutions.

The CJP clinic focuses on bridge building with community stakeholders and problem solving in distressed communities. Through certified student practitioners, the CJP clinic conducts valuable advocacy, legal research and writing, litigation and community outreach in conjunction with its community partners. The focus of CJP is to be an agent of change to ensure that justice is obtained for underserved members of the community.

The Criminal and Juvenile Defense clinic (CJD) is dedicated to serving the Twin Cities community by representing youth and adult defendants in criminal and delinquency cases who may otherwise be unable to afford legal representation. Our mission is to provide diligent, effective, and empathetic representation and advocacy in pursuit of each client’s desired outcome. The clinic also works to identify and remedy systemic problems which cause injustices or inequities within the criminal and juvenile legal systems.

About the Clinic
The CJD clinic represents both children and adults facing a variety of charges including assault, theft, disorderly conduct, traffic offenses, and many others. Certified student practitioners appear in court regularly and conduct fact investigation, client counseling, witness interviewing, negotiation, motions writing, oral argument, direct and cross examination, jury selection, and other aspects of pretrial and trial litigation.

Prospective Clients
Typical clients of the CJD clinic include individuals facing misdemeanor, gross misdemeanor, or delinquency charges in both district and juvenile courts, and people seeking expungements. We provide client-focused, individualized representation consistent with your goals for the case.

If you believe you may qualify and would like to inquire about representation, please complete our , or call us at (651) 962-4960 and inform the staff that you would like to complete an intake for the Criminal and Juvenile Defense Clinic. Inquiries are evaluated on a case-by-case basis. Representation depends upon income eligibility, conflict of interest checks, timing and capacity.

The Federal Commutations Clinic is supervised by Professor and serves a real need among federal inmates seeking guidance and assistance in evaluating and preparing commutation petitions. Through this clinic, certified student practitioners actively represent federal inmates seeking federal pardons and commutations of their sentences.

Federal pardon and commutation practice is a virtually unknown area of the law, with only a few practitioners in the private sector. It involves petitioning the President of the United States for either a pardon (which negates a federal conviction) or a commutation (which can shorten a sentence). The President’s power to issue pardons and commutations is virtually unfettered, and there are few rules or regulations regarding that process. Petitions for a pardon or commutation are directed to the United States Pardon Attorney, who works within the Department of Justice. There is a simple form to fill out, which is available online. However, most successful petitioners submit much more extensive petitions than simply that which is included in the form. The key piece is an addendum, usually in the form of a narrative, which tells the story of the petitioner and makes the case for an early release.

The Immigration Law Practice Group (ILPG) focuses on representing immigrants seeking to improve their legal status in the United States. Currently, the primary focus of the ILPG is working with naturalization applicants. This includes, but is not limited to, conducting client interviews, conducting local and international fact investigation, drafting immigration applications and affidavits, and representing clients before immigration related divisions of the U.S. Department of Homeland Security. We also provide limited representation at Immigration Court master calendar hearings. Additionally, ILPG regularly engages in broader policy and advocacy work through community-based organizations.

The Nonprofit Organizations Clinic focuses on the legal needs of existing and aspiring nonprofit organizations. This clinic is designed to help nonprofits get off the ground and promote social and economic justice in the United States and abroad. Certified student practitioners, through the clinic, learn about nonprofit governance, compliance, operations, and management; help promote servant leadership and social justice; and assist nonprofit organizations with their legal needs. The clinic is supervised by of .

Services Provided by the Clinic

Here are some of the types of matters the Nonprofit Organizations Clinic may be able to address:

• Creating/amending Articles of Incorporation and Bylaws
• Filing applications for 501(c) income tax exemption with the IRS
• Filing applications for sales tax exemption with the Minnesota Department of Revenue
• Creating/amending policies and procedures
• Dissolving existing nonprofits
• Researching complex legal issues related to nonprofits

• Any termination letter or notices demonstrating lack of employment,
• Tax Return from prior year, Form 1040,
• Copy of pay stubs from last 2 months,
• Proof of enrollment in Free or Reduced Lunch Program, OR
• Proof of enrollment in state, county, or federal assistance (i.e. food stamps, Medicaid, or other government assistance program).

• Financial statement or ledger demonstrating the organization's annual revenue is ordinarily $10,000 or less, OR
• If the organization raises more than $10,000 annually, a statement explaining why an exception should be made for your needed project(s).

• A description of the project you'd like the Nonprofit Law Clinic to assist you with,
• An explanation of your motivation underlying the project, AND
• What lasting impact you believe the project will have upon the community.

This clinical course gives a small number of students in a semester the opportunity to write appellate briefs, primarily amicus curiae (“friend of the court”) briefs, in cases involving religious liberty in the U.S. Supreme Court, lower federal courts, and state appellate courts. The primary clients are national civil-liberties organizations and national religious organizations. Each student generally drafts an appellate brief and, depending on workload, other written work product. Through readings and an intensive process of drafting and revision, students take the lead in producing effective appellate briefs in difficult, important cases and also learn basic principles of religious liberty and conscience protection. The clinic pays special attention to the distinctive strategic issues in drafting amicus briefs that will assist, and be persuasive to, appellate courts. The clinic’s filings have been cited by several federal courts of appeals

The clinic sometimes directly represents parties in lawsuits. It currently serves as co-counsel for Amish farm families in Minnesota who have a requirement that they install modern septic thanks for disposal of their “grey water” (kitchen and laundry water).

The clinic supports religious freedom for all faiths, and it emphasizes defending religious freedom with arguments that cross ideological lines. It has filed briefs on behalf of Muslim, Jewish, and Christian groups and individuals. To pick just a few examples, it has supported claims by a Muslim man practicing his faith in prison, by a small church advertising its worship services, by Native Americans seeking to prevent destruction of their sacred sites on federal land, and by many other individuals and groups.

Professor , the clinic's supervising attorney, is a prominent First Amendment scholar and appellate advocate who has written and filed briefs in nearly 80 significant cases in the U.S. Supreme Court and other appellate courts and has won multiple awards for his advocacy and scholarship.

Briefs drafted by Religious Liberty Appellate Clinic students

United States Supreme Court:

BRIEFS ON THE MERITS

• (accommodation of employees’ religious practices)
• (clergyperson accompanying prisoner during execution)
• (eligibility of religious-school students for state assistance)
• (same)
• (religious entities’ right to choose leaders)
• (damages suits against federal officials who restrict religion)
• (religious entities’ equal access to state aid)
• (church’s free-speech right to post temporary signs)
• (supporting certiorari petition)

BRIEFS SUPPORTING PETITIONS FOR CERTIORARI

• (disparate copyright license royalty imposed on religious entities)
• (accommodation of employees’ religion)
• (crisis pregnancy center’s free-speech rights)
• (military officer’s right to display religious message)

United States Courts of Appeals:

• (9th Circuit; Native American access to sacred sites)
• (4th Circuit; RFRA’s application to private-party suits)
• Harris v. Escamilla (9th Circuit; guard’s destruction of Muslim prisoner’s Quran)
• (7th Circuit; supporting clergy housing tax allowance)
• (4th Circuit)
• Freedom from Religion Foundation v. Lew (7th Circuit)
• Child Evangelism Fellowship v. Cleveland School District (6th Circuit)
• (7th Circuit)

State Appellate Courts:

• (Minnesota courts; co-counsel for Amish plaintiffs successfully challenging septic-tank requirement)
• Hart v. North Carolina (Supreme Court of North Carolina)
• Richardson v. North Carolina (Supreme Court of North Carolina)
• (California Court of Appeal)

United States District Courts:

• (Eastern District of Michigan; student religious group’s right to meet on equal terms to others)

The Special Education clinic serves elementary and secondary students who have been identified as qualifying for special education services. Certified student practitioners in the clinic collaborate with various community partners to reach students and parents in communities that have historically been underserved in both special education and legal services. The clinic works with parents/students to provide legal training and ongoing support in the special education system so that the parents/students can become strong self-advocates. In addition, the clinic provides training, analysis of individualized education plans, and, as appropriate, counseling on individual cases or group or class complaints. The clinic works exclusively with its institutional partners and is not accepting outside referrals at this time.

The Trademark Law clinic counsels clients about trademark applications, prepares and files trademark applications and prepares responses to Office Actions. Law students gain the analytical skills, practical knowledge, and legal background to counsel businesses in the area of intellectual property. They may have the opportunity to bring or defend opposition or cancellation proceedings and argue before the Trademark Trial and Appeal Board.

Clients of the Trademark Clinic may include nonprofit entities, small businesses and individuals who could otherwise not afford to protect or defend their trademarks.

This clinic is offered periodically and will not be active in the 2024-25 academic year. It does not handle patents.