Litigation-Alternative Victim Compensation Programs Bootcamp (Feldman,J)
Additional Information
Experiential CourseYes
Skills Training
Oral Presentations
Other Professional Skills:
Grading
100% Participation,
Other (Full attendance at two-day bootcamp is required.)
No
Class meets in person.
Meeting Times/Location
US 9:00AM - 5:00PM
Silverman Hall 280
Category
Upper-Level
Credits
1.0
Two-day bootcamp: Saturday, April 5, 9:00am to 5:00pm Sunday, April 6, 9:00am to 4:00pm
Course description: Tragedies impacting hundreds or even thousands of people arise in a variety of contexts – terrorist attacks, sexual abuse, environmental disasters, and shootings – resulting in personal injuries, death, economic harm, property loss and other losses, and flooding the courts’ dockets. In recent years, victim compensation programs have become increasingly popular vehicles to resolve mass claims outside of traditional litigation. This highly interactive, two-day bootcamp-style course will introduce students to this alternative dispute resolution (ADR) mechanism and explore how claims programs are designed and administered, with a focus on programs arising from the September 11th terrorist attacks and sexual abuse. We will consider how eligibility criteria is developed, how compensation is determined by neutral decisionmakers, and how key guiding principles inform the programs’ policies and procedures. Through presentations about recent high-profile programs, hands-on exercises, simulations and role play, students will delve into the legal, policy and practical considerations at play, discover why claims programs are attractive to alleged tortfeasors, victims and other stakeholders, and have opportunities to apply learning and develop skills in this exciting and evolving practice.
Learning Objectives • Study recent real-world disputes involving large numbers of victims that have been resolved through litigation-alternative claims programs • Examine how mass claims are typically resolved in the traditional litigation system, and the interplay between claims programs and litigation • Learn how to build value and trust with multiple stakeholders • Learn how guiding principles are developed and executed in different contexts • Experience what it’s like to design and administer a claims program through role play and simulation exercises • Understand what a trauma-informed approach looks like • Explore the myriad legal and other issues that arise – equitable, policy, psychological, operational, ethical – and develop problem-solving skills to address them.
Readings • Course materials will be posted on Canvas
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.