Stanley Z. Fisher

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice I is mandatory for students before advancing to CTP2. 2Ls take the course fall or spring, as determined in consultation with the Director of the Criminal Law Clinical Program upon acceptance to the Program. 3Ls take the course in the fall. The course consists of a fieldwork and classroom component. The classroom component provides students with an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. For their fieldwork, students are assigned to cases handled by senior members of the Program and conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. Students spend one morning a week in court observing and second-seating the cases they have helped to prepare. Students will receive more information about which morning they must have available for court before they must register for all courses. NOTE: The Criminal Law Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

Noncitizens are increasingly impacted by interactions with the criminal legal system, often facing detention and deportation from the United States as a result of even minor infractions. This course will explore the dynamic field of "crimmigration" -- the intersection between immigration law and criminal law. Through readings, discussion, and independent research projects, students will learn to analyze constitutional, statutory, and regulatory provisions concerning immigration, as well as procedural and substantive requirements in criminal proceedings as they affect noncitizens. Students will also engage with the growing conversation around immigration and criminal abolition, as a response to the expanding carceral state. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement.

In this course, we will examine statutory interpretation with a focus on U.S. regulation, legislation, and agencies. In addition to covering the statutory canons and principles of statutory interpretation, the course demonstrates and develops the ability to engage in legal analysis and reasoning and an understanding of the important role of lawyers as problem solvers. Some topics covered include: plain meaning; textualism; textual errors; canons of construction; legislative history; pragmatism; and oversight and interpretation of agency decision-making. We will engage in thoughtful discussions about cases alleging serious criminal offenses and civil injuries that may be disturbing. The course includes a mandatory, practice quiz/midterm (specific student performance on the practice exam does not count toward the final grade) and a final examination.