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PROGRAM OVERVIEW
The Equality Concentration examines the meaning of equality, the ways the law
promotes or limits equality, and whether the professional role of the lawyer
enhances equality for the client and for society. The doctrinal objective is to
give a basic familiarity with specific constitutional and statutory sources for
civil rights. The primary substantive area is employment discrimination, but
also includes the Fourteenth Amendment, and Section 1983 actions against
governmental entities, including police misconduct claims (Civil Rights Act of
1871). Issues of race and sex, such as racial and sexual harassment in the
workplace, are examined in depth. In addition, issues relating to sexual
orientation, disability, AIDS, and language discrimination are explored, as well
as gender discrimination in education and racial justice in environmental law.
The basic legal theories of discrimination, disparate impact and disparate
treatment are applicable throughout civil rights law and litigation.
Students engage in this examination through both a classroom seminar, which
includes simulated lawyering exercises, and working two days a week in a field
placement. The field placements include such legal organizations as Center for
Constitutional Rights, private civil rights practitioners, the NAACP Legal
Defense Fund, NOW Legal Defense Fund, the New York Environmental Justice
Alliance, the New York State Attorney General Office, Civil Rights Bureau, The
U.S. Equal Employment Opportunity Commission, and the Puerto Rican Legal Defense
Fund.
Highlights of the Equality Concentration
- Lawyering tasks: Students are assigned to firms of five "lawyers" for the
semester and collaborate in lawyering exercises which include interviewing
clients, preparing discovery plans, and conducting direct examinations.
- Expert witnesses: Each lawyer prepares and executes a plan to present the
expert testimony of Dr. Rosalind Rosenberg or Dr. Alice Kessler-Harris, feminist
public historians, and cross-examine the opposing experts.
- Advocacy in an Arbitration Setting: In roles as judge or attorney, students
focus on a case of same-sex and religious harassment.
- Affirmative Action: Law firms present evidence and arguments concerning a
claim of race discrimination in a challenge to an alleged affirmative action
plan.
- Qualified Immunity: Plaintiff and city governmental attorneys argue a motion
to dismiss based on the defense of qualified immunity in a claim of gender
discrimination.
- Language discrimination: Students draft a federal court complaint.
FIELD PLACEMENTS
Students work in a variety of public interest and civil rights practices that
give them an experiential base to enhance their thinking about the doctrinal,
theoretical and lawyering issues raised in the course. For example, some
students working for civil rights law firms investigate discrimination
complaints and apply the doctrine learned in class. They conduct extensive
factual inquiries and prepare for trial. These tasks involve the lawyering
skills of research, analysis, interviewing, mediation, as well as other forms of
fact investigation such as depositions. Other students work in national legal
defense organizations where legal research and writing is the exclusive work of
the semester. The students' actual casework creates concrete situations for the
discussion of several issues: the allocation of scarce resources within civil
rights firms, the programmatic decisions that are made as a result of scarce
resources, the effectiveness of passing legislation to address inequality, and
the role that public interest lawyers can play in promoting equality.
ROUNDS
During weekly rounds meetings, students discuss the work they are doing in
their placements. These discussions provide an opportunity for students to
collaborate and generate alternative approaches to particular legal problems and
consider related ethical and professional responsibility issues. Additionally,
each student will teach an inter-active class concerning an issue or case on
which he/she is working at his/her field placement.
EMPLOYMENT PROSPECTS
Employment law remains a growth area in the legal profession. Many Equality
Concentration graduates have obtained employment practicing civil rights law,
including employment discrimination. Some of our placements have hired our
students and some of our field placement supervisors are CUNY Law School and
Equality Concentration alumni. For example, the U.S. Equal Employment
Opportunity Commission New York District Office employs two graduates as trial
attorneys. The Legal Director of the Michigan Civil Liberties Union and the
Legislative Counsel for the New York Civil Liberties Union are graduates of the
Concentration. A number of small civil rights firms have hired our students and
quite a few of our graduates have started their own civil rights firms. Many of
our students have sought and obtained employment in other areas of law, such as
personal injury and criminal defense or prosecution. Others are teaching at law
schools (two at Seton Hall and one at Cardozo). Three Equality Concentration
students have been awarded Skadden Arps Fellowships and a number have received
PILA fellowships. Producing high quality work through commitment and
thoroughness is the most important factor in obtaining employment. References
from faculty and field placement supervisors citing a student's quality of work
are extremely helpful.
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Faculty in the Program
Merrick
Rossein
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