Professor George Bach

Contact Information

Ph.: 505-277-5664
Fax: 505-277-1597
Office: 3235

George Bach

Assistant Professor of Law
B.A. 1992, Centre College of Kentucky
J.D. 2002, University of New Mexico School of Law
Member of the New Mexico Bar

Curriculum Vitae SSRN

Profile

George Bach teaches constitutional law, federal jurisdiction, evidence, trial practice, employment and labor law, and clinic. He also supervises the Externship Program.

During and after law school, Bach worked for K. Lee Peifer (`77), litigating in civil rights, union-side labor law and employee-side employment law. In 2005, Bach became the first staff attorney at the American Civil Liberties Union of New Mexico, where he litigated a wide variety of civil rights cases in state and federal courts. In 2009, he teamed up with Matthew L. Garcia (`05) and formed the firm of Bach & Garcia. He is now of counsel at Garcia Ives Nowara.

A former president of the New Mexico Lesbian and Gay Lawyers Association, Bach was honored with a Santa Fe Human Rights Alliance "Treasure" Award in 2007 for his work in the LGBT community. In 2009, U.S. Rep. Martin Heinrich nominated him to the New Mexico State Advisory Committee to the U.S. Commission on Civil Rights. Bach also serves as a volunteer member of the American Civil Liberties Union of New Mexico's legal panel. In 2014, he was appointed to the New Mexico Supreme Court's Access to Justice Commission.

Bach was presented with the "Mr. Holland's Dopest" professor award by the Class of 2012 and named "Professor of the Year" by the Class of 2014.

Courses

Comparative Equality & Human Rights

Comparative Equality & Human Rights

This course is offered as a part of the Guanajuato Program. Part I of the course compares U.S. equality and anti-discrimination law with the law of several other legal systems, including Mexico, Guatemala, Colombia, and Argentina. The law examined in part I will focus on gender and sexuality. In Part II of the course, students will explore how gendered and sexual identities are historically constructed and strategically deployed in Latin America and in the United States. Part II will examine how gendered and ethnic violence in modern Guatemala and Mexico intersects with international human rights accords and US asylum law. We will consider LGBT status and the construction of the particular social group in asylum proceedings.

Comparative and Historical Legal Perspectives

Constitutional Rights

Constitutional Rights

This course involves an in-depth inquiry into the building blocks of civil rights law; freedom of expression (speech and press), equal protection, due process, and religious freedom. There will be discussion of litigation strategy and the decision-making processes of the U.S. Supreme Court.

Employment Law

Employment Law

This course will analyze state and federal statutes and common law relied upon in the typical practice of employment law, including the at-will employment doctrine and its exceptions, Title VII of the Civil Rights Act of 1964, the American with Disabilities Act, the Family and Medical Leave Act, the Equal Pay Act, Wage and Hour law, Unemployment Compensation, Workers Compensation, the New Mexico Human Rights Act, etc. In addition the inquiry into the relevant law, the class will incorporate exercises in the practical aspects of litigation in this field, from both the employee and employer perspective.

Evidence

Evidence

The course will consider the principles of law and rules governing the admissibility of testimonial and documentary proof in civil and criminal trials, including the concept of relevancy, the use of demonstrative evidence, direct and cross-examination of witnesses, impeachment of credibility, expert testimony, and hearsay. Traditional case materials, the federal rules of evidence, problems, and simulations will be employed to illustrate evidentiary concepts.

Evidence/Trial Practice

Evidence/Trial Practice

This course will focus on trial procedure, evidence, and trial skills utilizing:

  1. lectures and class discussions on the principles of evidence and trial skills;
  2. demonstrations of trial skills;
  3. practice sessions in which each student performs various exercises to learn trial skills;
  4. individual review with me of videotapes of the trial practice performances; and
  5. a mock jury trial.

Each student is also required to complete a trial notebook that is used during the mock trial.

The entire class meets during the week for lectures and/or demonstrations in the scheduled Monday through Thursday morning time slots. The class will also be divided into eight groups containing no more than eight students each. Each of these groups will meet one day from 5:00 to 7:00 p.m. for the trial practice exercises. Approximately sixteen adjunct faculty, consisting of judges and attorneys, will work with the individual groups of students in these trial practice sessions.

The trial practice sessions are scheduled from Monday through Thursday. Each student will be assigned to attend a session on only one of those days. I try to accommodate, if possible, students’ requests to be assigned to a particular day of the week for their small group trial practice session. That means, for example, if a student has other classes on Monday and Wednesday from 5 to 7, I will try to assign her/him to a trial practice group that meets on Tuesday or Thursday.

Students taking this class must also be available for the mock trials on the Saturday before Thanksgiving.

Federal Jurisdiction

Federal Jurisdiction

This course concerns the proper place of the federal courts in a federalist system. The nature of federal judicial power, its relationship to federal and state legislative power, and its relationship to state judicial systems are analyzed. The civil rights case is the primary vehicle for this analysis. The course also examines the relationship of tribal judicial systems to federal and state courts.

Introduction to Constitutional Law

Introduction to Constitutional Law

This course is an introduction to the study of Constitutional Law. The focus will be on the structural framework established by the Constitution, including principles of federalism and the role of the Supreme Court in policing the constitutional order. Among other things, we will study the doctrine of judicial review, the reach of federal legislative power, limits on the reach of state power, the workings of the Supreme Court, and separation of powers and limits on the exercise of federal judicial power.

Judicial Externship

Judicial Externship

Course Description

Prerequisite: Completion of first year curriculum.

The Judicial Extern Program provides law students with a candid first hand experience in the judicial decision-making process. This is accomplished by placing students in a judge or justice's office for a specified number of hours each week to work directly with the judge in daily decision-making tasks.

Judges with whom students are placed are encouraged to maximize the educational experience by granting students access to events in the courtroom and in the judge's chambers. The judge should take time to explain his or her decision to the student and answer any questions. All facets of the judicial decision-making process should be open to discussion, including a candid critique of the quality of the presentations made by lawyers appearing before the judge. The judge should make an effort to introduce the student to other aspects of the daily working life of a judge which may influence the decision-making process, e.g., the judge's relationship to the clerk's office and other courthouse employees, the judge's administrative responsibilities for docket control, the judge's participation in judge's meetings, and the making and enforcement of courthouse policies and procedures.

Judges are encouraged to assign to the law student specific hands-on-tasks which will aid the student in becoming involved in the judicial decision-making process. These tasks may include such activities as summarizing case files, legal research, and document drafting. Judges should keep in mind that the quality of the educational experience for the law student is enhanced by both the depth and breadth of the tasks assigned. Judges are discouraged from overburdening the law student with research at the expense of a full exposure to judicial decision-making. No single task or narrow set of tasks should become the exclusive experience for the judicial extern and should not be assigned at the expense of the student's opportunity to observe and discuss the judge's daily decision-making. A judge may broaden and enrich a student's experience by occasionally requiring the student to observe or work with another judge.

Fieldwork

Judicial Externships may be with any New Mexico State Court Judge, including Metropolitan Court, District Court (general, family, or children's divisions), Court of Appeals, and the Supreme Court Justices. Externships may also be with U.S. District Court Judges, U.S. Magistrate Judges, and U.S. Bankruptcy Court Judges and any Tribal Judge. Placements are made only with judges or justices who have expressed interest in supervising a judicial extern.

Students interested in Judicial Externship should contact the Externship Coordinator to ascertain the judicial externship application process. All Externships must be approved by the Law School.

Second externships must involve a substantially different educational experience. For example, students are not permitted do two judicial externships. A student seeking a second externship must obtain academic advisement with the Externship Professor, and obtain written approval from the Associate Dean for Academic Affairs.

Compensation

Students are not permitted to be paid for the hours they work in the Judicial Extern Program. Students receive three credit hours for successfully completing a judicial externship. The credit hours earned in the externship count toward the hours required to graduate from Law School, but they do not count toward the Law School clinical course requirement of six credit hours earned in an "in house" clinical course.

Office Hours and Class

During the Fall or Spring semesters, students are required to work twelve (12) hours each week, for fourteen (14) weeks in their extern placement, for a total of 168 hours to earn 3 credits. Students are required to work eight (8) hours each week, for fourteen (14) weeks in their extern placement, for a total of 112 hours to earn 2 credits.

In the Summer semester, students work sixteen (16) hours each week, for ten (10) weeks in their extern placement, for a total of 160 hours to earn 3 credits. Students are required to work a total of 104 hours in their extern placement to earn 2 credits.

A set schedule of office hours must be arranged with a student's assigned judge or justice during the first week of the semester. The hours are to be set during the usual working hours of the judge or justice. A copy of the schedule is delivered to the judge and to the Externship Coordinator.

The actual hours worked by the student should generally conform to the scheduled office hours. With the permission of the supervising judge or justice, some flexibility is allowed to accommodate special circumstances, such as, illness or opportunity to engage in a particularly exciting educational experience outside of regularly scheduled hours. A student is not allowed to accumulate hours for the purpose of working fewer weeks. Exposure to the judicial extern experience over the course of a full semester is an essential component of the overall educational program.

The Externship Professor will arrange class sessions to be held during the semester. Attendance of the classes is mandatory, and the hours spent in these classes count as part of the weekly office hour’s requirement.

with your supervising judge or justice and provide a copy to the externship coordinator.

Activity Reports and Confidentiality

Every two weeks, students must submit activity reports to the Externship Coordinator. These reports account for the manner in which a student is spending his or her time in the extern placement. The reports must be sufficiently detailed to present a clear picture of what activities the student has been pursuing and what the student is learning. The report must contain the date of the student's activities, a description of the activities, and the total time expended on each day's activities. It is essential to the Judicial Extern Program that the judge feel free to communicate with the law student. Confidentiality of these communications must be assured. Students are strictly cautioned against breaching confidences and can be disciplined by the Law School for a breach of a confidential relationship. Discipline may include dropping the student from the extern program with a failing grade. In order to insure that confidences are not breached, the student extern and the student’s supervisor must sign all activity reports submitted to the externship coordinator.

Course Credit and Grading

Law students receive three law school credit hours for their work in the Judicial Extern Program. The course is graded credit/non-credit, C-, D+, D, D-, or F.

Final Evaluation by the Supervising Judge or Justice

At the end of each semester, the supervising judge or justice must submit a final evaluation of the student's work to the Externship Professor. The Extern Program Coordinator shortly before the completion of the semester will provide a copy of this form to the supervising judge or justice.

Conclusion

This description of the Judicial Extern Program is designed to anticipate common questions students and designated supervisors may have about the extern program. If questions or problems arise during the semester, do not hesitate to call the Externship Professor.

The School of Law believes that placing students in a judicial environment is a significant and valuable part of the educational program. We welcome suggestions for improvement from anyone interested in the program.

Labor Law

Labor Law

This Labor Law course focuses on collective bargaining through unions: how employees may organize into unions; the processes by which unions and employees deal with each other in establishing agreements concerning wages, hours, and other conditions of employment; and the limits of permissible conduct of employers or concerted action of employees. The course materials will survey the enforcement of the National Labor Relations Act and related statutes by the courts and the National Labor Relations Board. Students will gain practical experience in simulation activities such as drafting unfair labor practice charges, negotiating a labor contract, etc.

Law Program Externship

Law Program Externship

Course Description

Prerequisite: Completion of first year curriculum.

Law Office Externs are law students who are placed under the supervision of a practicing lawyer to obtain knowledge and experience in the practice of law. While working with their supervising attorney, students have the opportunity to gain valuable practical skills in a real world setting. The Law Office Extern program is intended to supplement and complement the knowledge and experience students receive in the Law Practice Clinic and in their other law school courses. In the extern program, students have the opportunity, under the close supervision of a licensed attorney, to confront actual legal problems and to analyze and explore the various roles that lawyers or legal institutions play. In their placements, students have the opportunity to interview and counsel clients, negotiate with lawyers and others, make presentations in court, draft legal documents, interview witnesses, and generally to perform and learn the various tasks and skills necessary to help a particular client resolve his or her legal problems.

The lawyer supervisor with whom a student is placed is expected, to the extent possible given the lawyer's and student's special circumstances, to provide students with training in lawyering skills, such as, client interviewing, counseling, negotiation, legal drafting, case evaluation and planning, case management, time and office management, argumentation, and applied legal research. Students are expected to master a significant body of substantive and procedural law relative to the legal problems that they confront. Finally, but not of least importance, students should be exposed to the professional responsibilities of a lawyer. Whenever ethical issues arise, the supervising lawyer is expected to explore these issues in depth with the student.

Law office extern placements are most successful when students are given as much professional responsibility for decision-making and interaction with the clients as possible and when the lawyer's supervision is active and close, but not so directive as to interfere with the student's ability to exercise personal professional responsibility. The supervising lawyer should be involved in every aspect of the student's work. The lawyer should be prepared to provide constructive critiques, encourage growth and development, and, if necessary, protect clients and the public from the mistakes that can be made by student lawyers. The lawyer's supervision comes before, during, and after the student works on a problem. For example, if a case is to be negotiated by the student, the student presents a negotiation plan to the supervising lawyer before the negotiation, which is then followed by a post-negotiation review and critique, by the lawyer.

Research and drafting of legal memoranda are important lawyer tasks and should be required, as these skills are important to the competent handling of legal matters. Legal research is, however, not the exclusive skill of legal problem solving. In clinical placements, it is important not to let legal research become the exclusive or predominant task assigned to the student. In the clinical placement, students should be introduced to a broad range of clinical skills.

Supervision Under Rules Governing Student Practice

Students enrolled in the Law Office Extern Program are governed by N.M.R. Civ. Pro. 1-094 and Rule 83.11 of the Local Rules for the United States District Court for the District of New Mexico. Students are required to conduct themselves at all times within the spirit and meaning of the Rules of Professional Conduct. Supervising lawyers must be sure that students understand and follow these rules.

Under these rules, students are granted the privilege to practice law while under the supervision of a properly licensed attorney designated by the Dean of the Law School and while the student is currently enrolled in the Law School clinical program. A lawyer other than the lawyer designated by the Law School as the student's supervisor is permitted to supervise the student only with the prior permission of the Law School.

N.M.R. Civ. Pro. 1-094 provides:

1-094. Clinical Education.

  1. Purpose. To permit a clinical program for the University of New Mexico School of Law.
  2. Procedure. Any law student admitted to the clinical program at the University of New Mexico School of Law shall be authorized under the control and direction of the Dean of the Law School to advise persons and to negotiate and to appear before the courts and administrative agencies of this State, in civil and criminal matters, under the active supervision of a member of the State Bar of New Mexico designated by the Dean of the Law School. Such supervision shall include assignment of all matters, review and examination of all documents, and signing of all pleadings prepared by the student. The supervising lawyer need not be present while a student is advising a client or negotiating, but shall be present during court appearances. Each student in the program may appear in a given court with the written approval of the judge presiding over the case and shall file in the court a copy of the order granting approval. The Law School shall report annually to the Supreme Court.
  3. Eligible Students. Any full-time student in good academic standing in the University of New Mexico School of Law who has received a passing grade in Law School courses, and have completed their first full year, but who has not graduated, shall be eligible to participate in a clinical program if he/she meets the academic and moral standards established by the Dean of the School of Law.
  4. Effective Date. This Rule shall be effective after May 15, 1970. [As amended, effective May 1, 1986; January 1, 1995; November 24, 1997].

D.N.M.LR-Cv 83.11 provides:

83.11 Clinical Law Student Practice. Any law student admitted to the clinical program at the University of New Mexico School of Law shall be authorized under the control and direction of the Dean of the Law School to advise persons and to negotiate and to appear before this Court in civil and criminal matters under the active supervision of a member of the bar of the United States District Court for the District of New Mexico, designated by the dean of the University of New Mexico School of Law. Such supervision shall include assignment of all matters, review and examination of all documents and signing of all pleadings prepared by the student. Before a student appears in court, an order authorizing the student's appearance shall be of record. A sample order is located in NM Rules Annotated 4-821.
Effective Date. July 27, 1992.

Students and supervising lawyers participating in the program are responsible for insuring that the supervisory requirements of these Rules are followed. These Rules require the supervising attorney to be present during all court appearances and require the written permission of the judge presiding over the case. A form order to present to the judge presiding over the case, which grants permission to the student to appear, is available in the Clinic at the Law School.

The Law School requires law students enrolled in clinical courses to fully disclose to all persons with whom they deal that they are clinical law students and not licensed attorneys. No client should be represented by a law student without the prior consent of the client and of the supervising attorney.

Note: The District Attorney’s office has a policy regarding criminal background for law students interested in enrolling in a clinical program with the District Attorney’s office as follows:

  1. Students must not have incurred any criminal charges of any kind (except traffic tickets) in any jurisdiction as an adult.
  2. The District Attorney's Office may, on a case-by-case basis, allow very limited exceptions to the policy stated above for extremely minor offenses or highly unusual circumstances.
  3. The District Attorney reserves the right to exclude students from participation in the clinical law program for any other reasons deemed sufficient by the District Attorney and in the best interest of the Office.

The District Attorney’s Office will conduct a background check for a criminal record before issuing your identification.

Fieldwork

Law Office Externships are with practicing lawyers at government offices or non-profit agencies in the State of New Mexico. The lawyer may be working with a public agency, such as, the District Attorney's Office, the Public Defender's Office, or the Legal Aid Society.

All externships must be approved by the Externship Professor.

Second externships must involve a substantially different educational experience. For example, students are not permitted do two criminal law office externships. A student seeking a second externship must obtain academic advisement with the Externship Professor, and obtain written approval from the Associate Dean for Academic Affairs.

Compensation

Students are not permitted to be paid for the hours they work in the Law Office Extern Program. Students receive three credit hours for successfully completing a law office externship. The credit hours earned in the externship count toward the hours required to graduate from Law School, but they do not count toward the Law School clinical course requirement of six credit hours earned in an "in house" clinical course.

Office Hours and Class

During the Fall or Spring semesters, students are required to work twelve (12) hours each week, for fourteen (14) weeks in their extern placement, for a total of 168 hours to earn 3 credits. Students are required to work eight (8) hours each week, for fourteen (14) weeks in their extern placement, for a total of 112 hours to earn 2 credits.

In the Summer semester, students work sixteen (16) hours each week, for ten (10) weeks in their extern placement, for a total of 160 hours to earn 3 credits. Students are required to work a total of 104 hours in their extern placement to earn 2 credits.

A set schedule of office hours must be arranged with a student's assigned lawyer during the first week of the semester. The hours are to be set during the lawyer's usual office working hours. A copy of the schedule is delivered to the Externship Coordinator. A student is not allowed to accumulate hours for the purpose of working fewer weeks. Exposure to the law office extern experience over the course of a full semester is an essential component of the overall educational program.

The Externship Professor will arrange class sessions to be held during the semester. Attendance of the classes is mandatory, and the hours spent in these classes count as part of the weekly office hour’s requirement.

Activity Reports and Confidentiality

Every two weeks, students must submit activity reports to the Externship Coordinator. These reports account for the manner in which a student is spending his or her time in the extern placement. The reports must be sufficiently detailed to present a clear description of what activities the student has been pursuing and what the student is learning. The reports must contain the date of the student activity, a description of the activity, and the total amount of time expended on each day's activities. It is essential to the Law Office Extern Program that the supervising lawyer and the clients feel free to communicate with the law student extern. Confidentiality of these communications must be assured. Students are strictly cautioned against breaching confidences and can be disciplined by the Law School for a breach of a confidential relationship. Discipline may include dropping the student from the extern course with a failing grade. In order to insure that confidences are not breached, the student extern and the student’s supervisor must sign all activity reports submitted to the externship coordinator.

Course Credit and Grading

Law students receive three Law School credit hours for their work in the Law Office Extern Program. The course is graded credit/non-credit; C-, D+, D, D-, or F. Whether credit is to be given is determined by the Externship Professor.

Final Evaluation by Supervising Attorney

At the end of the semester, the supervising lawyer must submit a final evaluation of the student's work to the Externship Professor. The final evaluation is done on a form supplied by the extern program coordinator. The extern program coordinator shortly before the completion of the semester will provide a copy of this form to the supervising attorney.

Conclusion

This description of the Law Office Extern Program is designed to anticipate common questions students and supervisors may have about the extern program. If questions or problems arise during the semester, do not hesitate to call the externship coordinator or the Externship Professor. The School of Law believes that placing the students in a law office environment is a significant and valuable part of the educational program. We welcome suggestions for improvement from anyone interested in the program.

Alternative Dispute Resolution Externship

Alternative Dispute Resolution Externship (ADR)

Course Description

Prerequisite: Completion of first year curriculum.

The Alternative Dispute Resolution [ADR] extern program places students as dispute resolvers or assistants in dispute resolution organizations dealing with mediation, arbitration, facilitation, and summary jury trials.

While working with their supervising attorney, judge or ADR facilitator, students have the opportunity to gain valuable practical skills in a real world setting. The ADR Extern program is intended to supplement and complement the knowledge and experience students receive in the Law Practice Clinic and in their other law school courses. In the extern program, students have the opportunity, under close supervision, to confront actual legal problems and to analyze and explore the various roles that lawyers, judges or legal institutions play in the ever-expanding role of alternative dispute resolution. In their placements, students have the opportunity to interview and work with clients, negotiate with lawyers and others, and generally to perform and learn the various tasks and skills necessary to help a particular client or situation resolve its legal problems.

The ADR supervisor, with whom a student is placed, is expected to provide students with training in skills regarding the aspects of mediation, arbitration, and facilitation and summary jury trials. Students are expected to master a significant body of substantive and procedural law relative to the legal problems that they confront. Whenever ethical issues arise, the ADR supervisor is expected to explore these issues in depth with the student.

ADR extern placements are most successful when students are given as much professional responsibility for decision-making and interaction with the clients as possible and when the supervision is active and close, but not so directive as to interfere with the student's ability to exercise personal professional responsibility. The ADR supervisor should be involved in every aspect of the student's work. The ADR supervisor should be prepared to provide constructive critiques, encourage growth and development, and, if necessary, protect clients and the public from the mistakes that can be made by student lawyers. The ADR’s supervision comes before, during, and after the student works on a problem. For example, if a case is to be resolved or mediated by the student, the student presents a negotiation plan to their ADR supervisor before the negotiation, which is then followed by a post-negotiation review and critique by the ADR Supervisor.

Supervision Under Rules Governing Student Practice

Students enrolled in the Alternative Dispute Resolution Extern Program are governed by N.M.R. Civ. Pro. 1-094 and Rule 83.11 of the Local Rules for the United States District Court for the District of New Mexico. Students are required to conduct themselves at all times within the spirit and meaning of the Rules of Professional Conduct. ADR supervisors must be sure that students understand and follow these rules.

Under these rules, students are granted the privilege to practice law while under the supervision of a properly licensed attorney designated by the Dean of the Law School and while the student is currently enrolled in the Law School clinical program. A lawyer other than the lawyer designated by the Law School as the student's supervisor is permitted to supervise the student only with the prior permission of the Law School. N.M.R. Civ. Pro. 1-094 provides:

1-094. Clinical Education.

  • Purpose. To permit a clinical program for the University of New Mexico School of Law.
  • Procedure. Any law student admitted to the clinical program at the University of New Mexico School of Law shall be authorized under the control and direction of the Dean of the Law School to advise persons and to negotiate and to appear before the courts and administrative agencies of this State, in civil and criminal matters, under the active supervision of a member of the State Bar of New Mexico designated by the Dean of the Law School. Such supervision shall include assignment of all matters, review and examination of all documents, and signing of all pleadings prepared by the student. The supervising lawyer need not be present while a student is advising a client or negotiating, but shall be present during court appearances. Each student in the program may appear in a given court with the written approval of the judge presiding over the case and shall file in the court a copy of the order granting approval. The Law School shall report annually to the Supreme Court.
  • Eligible Students. Any full-time student in good academic standing in the University of New Mexico School of Law who has received a passing grade in Law School courses, and have completed their first full year of twenty nine (29) or more semester hours (or their equivalent), but who has not graduated, shall be eligible to participate in a clinical program if he/she meets the academic and moral standards established by the Dean of the School of Law.
  • Effective Date. This Rule shall be effective after May 15, 1970. [As amended, effective May 1, 1986, January 1, 1995; November 24, 1997].
  • D.N.M.LR-Cv 83.11 provides:

    83.11 Clinical Law Student Practice. Any law student admitted to the clinical program at the University of New Mexico School of Law shall be authorized under the control and direction of the Dean of the Law School to advise persons and to negotiate and to appear before this Court in civil and criminal matters under the active supervision of a member of the bar of the United States District Court for the District of New Mexico, designated by the dean of the University of New Mexico School of Law. Such supervision shall include assignment of all matters, review and examination of all documents and signing of all pleadings prepared by the student. Before a student appears in court, an order authorizing the student's appearance shall be of record.

    Effective Date. July 27, 1992.

    Students and ADR supervisors participating in the program are responsible for insuring that the supervisory requirements of these Rules are followed.

    The Law School requires law students enrolled in clinical courses to fully disclose to all persons with whom they deal that they are clinical law students and not licensed attorneys. A law student without the prior consent of the ADR supervisor should represent no client or organization.

    Fieldwork

    ADR Externships are with practicing lawyers at government offices or non-profit agencies in the State of New Mexico. The ADR supervisor may be working with a public agency, such as, the All externships must be approved by the Externship Professor.

    Second externships must involve a substantially different educational experience. For example, students are not permitted do two criminal law office externships. A student seeking a second externship must obtain academic advisement with the Externship Professor, and obtain written approval from the Associate Dean for Academic Affairs.

    Compensation

    Students are not permitted to be paid for the hours they work in the ADR Extern Program. Students receive three credit hours for successfully completing an ADR externship. The credit hours earned in the externship count toward the hours required to graduate from Law School, but they do not count toward the Law School clinical course requirement of six credit hours earned in an "in house" clinical course.

    Prerequisites

    Mediation Training or Alternative Dispute Resolution classes are required in order to complete an ADR externship. Please check with the Associate Dean for Clinical Affairs regarding waiver of any prerequisites prior to course registration.

    Office Hours and Class

    During the Fall or Spring semesters, students are required to work twelve (12) hours each week, for fourteen (14) weeks in their extern placement, for a total of 168 hours to earn 3 credits. Students are required to work eight (8) hours each week, for fourteen (14) weeks in their extern placement, for a total of 112 hours to earn 2 credits.

    In the Summer semester, students work sixteen (16) hours each week, for ten (10) weeks in their extern placement, for a total of 160 hours to earn 3 credits. Students are required to work a total of 104 hours in their extern placement to earn 2 credits.

    A set schedule of office hours must be arranged with a student's assigned ADR supervisor during the first week of the semester. The hours are to be set during the ADR supervisor’s usual office working hours. A copy of the schedule is delivered to the lawyer and to the Director of the Clinical Law Program.

    The actual hours worked by the student generally conform to the scheduled office hours. With the permission of the ADR supervisor, some flexibility is allowed to accommodate special circumstances, such as, illness or opportunity to engage in a particularly exciting educational experience outside of the regularly scheduled hours. A student is not allowed to accumulate hours for the purpose of working fewer weeks. Exposure to the ADR extern experience over the course of a full semester is an essential component of the overall educational program.

    The Externship Professor will arrange class sessions to be held during the semester. Attendance of the classes is mandatory, and the hours spent in these classes count as part of the weekly office hour's requirement.

    Activity Reports and Confidentiality

    Every two weeks, students must submit activity reports to the Externship Coordinator. These reports account for the manner in which a student is spending his or her time in the extern placement. The reports must be sufficiently detailed to present a clear description of what activities the student has been pursuing and what the student is learning. The reports must contain the date of the student activity, a description of the activity, and the total amount of time expended on each day's activities. It is essential to the ADR Extern Program that the ADR supervisor feels free to communicate with the law student extern. Confidentiality of these communications must be assured. Students are strictly cautioned against breaching confidences and can be disciplined by the Law School for a breach of a confidential relationship. Discipline may include dropping the student from the extern course with a failing grade. In order to insure that confidences are not breached, the student extern and the student’s supervisor must sign all activity reports.

    Course Credit and Grading

    Law students receive three Law School credit hours for their work in the ADR Extern Program. The course is graded credit/non-credit, C-, D+, D, D-, or F. Whether credit is to be given is determined by the Externship Professor.

    Final Evaluation by the ADR Supervisor

    At the end of the semester, the ADR supervisor must submit a final evaluation of the student's work to the Externship Professor. The Extern Program Coordinator shortly before the completion of the semester will provide a copy of this form to the ADR supervisor.

    Conclusion

    This description of the ADR Extern Program is designed to anticipate common questions students and supervisors may have about the extern program. If questions or problems arise during the semester, do not hesitate to call the Externship Professor.

    The School of Law believes that placing the students in an ADR environment is a significant and valuable part of the educational program. We welcome suggestions for improvement from anyone interested in the program.

Publications

Articles

Answering the "Serious Constitutional Question": Ensuring Meaningful Review of All Constitutional Claims, 117 West Virginia Law Review ___ (forthcoming 2014)
Available at: SSRN

Defining "Sufficiently Serious" in Claims of Cruel and Unusual Punishment, 61 Drake L. Rev. 1 (Fall 2013)
Available at: SSRN

State law to the contrary? Examining potential limits on the authority of state and local law enforcement to enforce federal immigration law. 22 Temple Political and Civil Rights Law Review 67 (2012)
Available at: SSRN

Iqbal Is Not a Game-changer for Discovery in Civil Rights Cases, with Matthew L. Garcia, 42 N.M. L. Rev. 329 (Summer 2012).
Available at: SSRN

Essays

Out and About Because I Can Be, in Out and About: The LGBT Experience in the Profession (ABA/National LGBT Bar Ass'n)(forthcoming 2014).