(B)Light at the End of the Tunnel? How a City’s Need to Fight Vacant and Abandoned Properties Gave Rise to a Law School Clinic Like No Other

57 Pages Posted: 3 May 2017

See all articles by Daniel Schaffzin

Daniel Schaffzin

University of Memphis - Cecil C. Humphreys School of Law

Date Written: September 20, 2016

Abstract

Over the course of the last two decades, intensified by the mortgage foreclosure crisis of the late 2000s, an epidemic of vacant and abandoned properties has inflicted devastation on people, neighborhoods, and cities across the United States. Though surely coincidental, the same time period has seen the emergence of experiential learning coursework, long operating at the periphery of legal education, as a centerpiece of the law school curriculum. In Memphis, the temporal convergence of these two phenomena has acted as a catalyst for the creation of a law school clinical course in which students learn and work under direct faculty supervision to abate the public nuisance presented by neglected properties. This Clinic is distinctive for a number of reasons, not the least of which is its singular client: the City of Memphis itself.

In this article, the University of Memphis School of Law’s Director of Experiential Learning, one of the two founders and codirectors of the Neighborhood Preservation Clinic, asserts the efficacy of the Clinic’s role in training future lawyers and providing zealous legal representation to the City in lawsuits against the owners of blighted properties. For context, the article first considers the rise and devastating effects of the nationwide vacant and abandoned property epidemic, the statutory authority available in Tennessee to pursue recourse against the owners of such property, and the broader blight-fighting strategy being employed by the City within which the decision to launch the Clinic was made. The article then examines the Clinic’s multilayered design and articulates the benefits that the Clinic has conferred upon its students, the Law School and the City of Memphis. The article concludes that the Neighborhood Preservation Clinic offers a government representation model for in-house law school clinics that stays true to traditional clinical pedagogy while honoring clinical legal education’s two-pillared historical mission to effectively prepare students for practice and to work in advancement of social justice and public interest outcomes.

Suggested Citation

Schaffzin, Daniel, (B)Light at the End of the Tunnel? How a City’s Need to Fight Vacant and Abandoned Properties Gave Rise to a Law School Clinic Like No Other (September 20, 2016). Washington University Journal of Law, Volume 52, No. 115 (2016); University of Memphis Legal Studies Research Paper No. 160. Available at SSRN: https://ssrn.com/abstract=2841336

Daniel Schaffzin (Contact Author)

University of Memphis - Cecil C. Humphreys School of Law ( email )

One North Front Street
Memphis, TN 38103-2189
United States

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