Juelsgaard Intellectual Property and Innovation Clinic: Clinical Practice
The Juelsgaard Intellectual Property and Innovation Clinic provides students the opportunity to understand and advocate for sound innovation policies. Students in the clinic will help shape the course and outcome of significant legal and policy debates before courts, legislators, regulatory bodies, and other policy makers. Our work focuses on the relationship between law, regulation and innovation in areas ranging from biotechnology to information technology, pharmaceuticals, clean technology, and the creation and distribution of information. Students will represent a variety of NGOs and non-profit entities and, in certain cases, groups or associations of innovators, entrepreneurs, technology users or consumers, economists, technologists, legal academics, and the like, and occasionally individual inventors, start-ups, journalists, or researchers. Students will address their client's complex issues through tools that may include amicus briefs; comments or testimony in rulemaking and regulatory proceedings (i.e., DMCA exemption requests, comments to OSTP on issues such as open access, privacy or open data, comments to the FTC as part of IP and innovation hearings and reports, comments to the PTO or FDA, etc.); comments or testimony on proposed legislation; and whitepapers or other "best practices" documents to encourage sensible and balanced legal approaches to innovation and creativity. Our policy advocacy will often involve intertwined factual, technological, business, economic, political and public relations considerations along with the substantive legal issues. Students in the clinic may be called upon to collaborate with technologists, researchers, doctors, economists, social scientists, industry experts, and others to develop and articulate the appropriate policy advocacy for their clients. The clinic seminar will focus on student-led workshops regarding client projects, and on engaging with current thinking around innovation, innovation economics and the impact of IP, antitrust, and other law and regulation on innovation. We will explore the process of policy advocacy, including various policy levers, the types of tools available to advocates and the strategies and tactics that may be employed, and will consider and critique a variety of case studies of previous advocacy, situating them in the larger context in which these efforts occurred. Students will critically examine the role of lawyers advocating for the public interest and for sound and sensible innovation policy outcomes and bring those lessons to bear on their own clinic work. A background in technology may be useful in some cases but is not necessary to a successful experience in the clinic. - - Special Instructions: General Structure of Clinical Courses - - The Law School's clinical courses are offered on a full-time basis for 12 credits. This allows students to immerse themselves in the professional experience without the need to balance clinical projects with other classes, exams and papers. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities within the Law School or University during the quarter in which they are enrolled in a clinic. Nor are they allowed to serve as teaching assistants who are expected to attend a class on a regular basis. There is a limited exception for joint degree students who are required to take specific courses each quarter and who would be foreclosed from ever taking a clinic unless allowed to co-register. These exceptions are approved on a case-by-case basis. Clinic students are expected to work in their clinical office during most business hours Monday through Friday. Students are also expected to be available by e-mail or cell phone when elsewhere during those hours. Because students have no other courses (and hence no exams or papers), the clinical quarter begins the first day of classes and runs through the final day of the examination period. Students should not plan personal travel during the Monday to Friday work week without prior authorization from the clinical supervisor. The work during a typical week in a clinic is divided into three components. First, as they are for practicing attorneys, most of the hours of any week are taken up by work on client matters or case work (this time includes meetings with instructors to discuss the work). Again, as is the case for practicing lawyers, in some weeks these responsibilities demand time above and beyond "normal business hours." Second, students will spend approximately five-to-seven hours per week preparing for and participating in weekly discussions or other group work in their individual clinic (scheduling varies by clinic). Third, over the course of the quarter each clinic student (with the exception of those enrolled in the Criminal Prosecution Clinic) is required to prepare for and attend approximately five inter-clinic group sessions. Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system. Enrollment in a clinic is binding; once selected into a clinic to which he or she has applied, a student may not later drop the course except in limited and exceptional cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (full-time or advanced) which would result in them earning more than 27 clinical credits during their law school career. The rules described here do not apply to advanced clinics for students who are continuing with a clinic in which they were previously enrolled. For information about advanced clinics, please see the course descriptions for those courses. For more information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website. Elements used in grading: Attendance, preparation for and participation in clinic seminar; reflection papers; and clinical case and project work including specific elements of methodical analysis, critical thinking, close reading, efficient writing, effective collaboration, and strategy development, applicable across client and seminar work. Writing (W) credit is for students entering prior to Autumn 2012.
Instructors for this coursePhillip R. (“Phil”) Malone