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Additional History of Interference

Since publication of the examples of interference set out in the 2010 Kuehn and McCormack article, additional law clinics, public and private, have had to fend off efforts to interfere in their operations.

 

In 2024, the First Amendment Clinic at the University of Georgia was ordered by the law school’s dean to withdraw from a public records lawsuit it had filed against the Atlanta Police Foundation. The purported reason given for forcing the clinic off the case was because the university itself is subject to the public records law, thus allegedly creating a conflict of interest. The clinic, however, had handled other public records cases without objection from the university and news reports noted that the Police Foundation’s attorney was a former Georgia supreme court chief justice who graduated from the law school and was also teaching at the school.
Timothy Pratt, University of Georgia Pulls out of ‘Cop City’ Lawsuit Requesting Public Records, The Guardian (May 17, 2024)

 

In 2025, the Tulane Environmental Law Clinic again had to defend itself, this time from actions of the university. Reportedly out of concern that the Louisiana governor was going to withhold state funding for a Tulane redevelopment project unless Tulane’s president “did something” about the clinic, the law school dean issued a directive restricting the ability of the clinic to communicate about its work. All external communications of the clinic that were not related to the representation of an existing client were ordered to be pre-approved by the dean, a restriction on the work of the clinic’s faculty that does not apply to any other members of the faculty. In response, the clinic’s research scientist and director of community engagement, whose published research on racial disparities in petrochemical industry jobs was singled out by the governor and Tulane’s president as problematic, resigned and filed a complaint with the Southern Association of Colleges and Schools Commission on Colleges alleging that her academic freedom had been violated by the university’s restrictions.
Jack Brook, Tulane Scientist Resigns Citing University Censorship of Pollution and Racial Disparity Research, Associated Press (June 11, 2025)

 

Also in 2025, a U.S. House of Representatives committee sent a letter to Northwestern University requesting budgets, donor information, policies, and personnel data on its Community Justice and Civil Rights Clinic. The committee accused the clinic and law school of engaging in antisemitic conduct and left-wing political activism in the clinic’s representation of the organizers of a pro-Palestine protest that were arrested for blocking traffic to the airport. The clinic director filed suit to enjoin the committee from obtaining the requested information, arguing that the committee’s action illegally singled out the clinic for its views and legal positions in violation of the First Amendment. On the eve of a preliminary hearing on the matter, the committee withdrew the request.
Karen Sloan, US House Probes Northwestern’s Law Clinic Over Representation of Pro-Palestinian Protestors, Reuters (Apr. 1, 2025); Karen Sloan, US House Drops Probe for Data from University Over Pro-Palestinian Protestor Cases, Reuters (Apr. 10, 2025)

 

At a later hearing held by the same House of Representatives committee, a representative told the chancellor of City University of New York (CUNY) that it should discipline or fire a law clinic director for the clinic’s representation of Mahmoud Khalil, a lawful permanent resident who was detained by the Trump administration and facing deportation for helping lead pro-Palestinian protests at Columbia University.
Vimal Patel, et al., 3 University Leaders Reject GOP Lawmakers Accusations of Inaction on Antisemitism, N.Y. Times (July 15, 2025).

 

A 2025 executive order prohibited providing services to or for the benefit of the International Criminal Court (ICC), subjecting those who provide services to civil and criminal penalties. Although not explicitly directed at law clinics, the order’s scope applied to the work of CUNY’s Human Rights & Gender Justice Clinic since the clinic’s work had included submitting amicus briefs in support of positions taken by the ICC Office of the Prosecutor (OTP) and providing education, training, analysis, and other services to the OTP. The clinic director and another CUNY law professor filed suit seeking a permanent injunction against enforcement of the order. The court granted the injunction, finding that the executive order unconstitutionally regulated protected speech based on its content. Opinion & Order, Rona v. Trump, No. 25-CV-03114 (S.D.N.Y. July 30, 2025).

 

Publicized Examples of Law Clinic Interference
from Kuehn & McCormack,
24 Geo. J. Legal Ethics at 92-95

School Year Source of Interference  Description Resolution
Univ. of Mississippi 1968 University, Legislature, Bar Clinical professors terminated under outside employment policy Court: termination unlawful; employment policy rescinded
Univ. of Connecticut 1971 Governor, Bar Dean proposed that clinic cases be approved by dean/faculty Policy rescinded because of ABA ethics opinion 1208
Univ. of Arkansas 1975 Legislature Legislative rider: no professor can handle or assist any lawsuit Court:  statute unconstitutional
Univ. of Tennessee 1977 Lt. Governor, TVA Pressure to drop clinic lawsuit vs. TVA Clinical professor removed case from clinic and handled on own
Univ. of Colorado 1980 Opposing party Critical of advocacy group working out of law school Dean successfully deflected criticism
Univ. of Oregon 1980 Business/alumnus Critical of environmental clinic; withheld $250,000 donation University president severed ties with outside sponsor
Univ. of Tennessee 1981 Atty Gen., Trustees Challenged clinic request for attys fees in suit vs. state New Trustees policy: no significant suits vs. state
Univ. of Colorado 1981 Legislature Proposed legislation:  law professors cannot assist in lawsuits vs. govt Legislation not enacted
Univ. of Oregon 1981 Businesses Critical of outside sponsorship of enviro law clinic University president: clinic must sever ties with outside sponsor
Univ. of Iowa 1981 Legislature Proposed legislation:  no education funds for litigation vs. state Legislation defeated
Univ. of Connecticut 1981 State official Threatened legislation to restrict criminal clinic Legislation never introduced
Univ. of Idaho 1982 Legislature Proposed legislation: no courses where assist in suit v. state Legislation only passed one chamber of legislature
Univ. of Oregon 1982 Businesses Sought to depose clinic and  dean over funding Court: depositions allowed
Univ. of Oregon 1983 Businesses Alleged clinic illegally using public funds for private benefit AG opinion: educational goals are public benefit
Univ. of Oregon 1986 Opposing attorney Ethics complaint alleged clinic’s selective evidence misled judge Ethics board: complaint was without merit
Rutgers Univ.—Newark 1987 State Claimed state law prohibited clinic from appearing opposite agency Court: no violation of state conflict of interest statute
Univ. of Maryland 1987 Governor Proposed that funding be contingent on not suing state Withdrawn but clinic must notify state before it sues
Northwestern Univ. 1990 Attorney Attorney for the Defendant in case pressured university to withdraw; sued clinic attorney University rebuffed pressure; suit vs. clinic attorney dismissed
Univ. of Oregon 1993 Businesses, Legislators Legislative threats to defund the law school over clinic actions Clinic moved off campus; now operates as public interest firm
Tulane Univ. 1993 Governor Threatened to cut state funds over director comments University president: director has academic freedom
Tulane Univ. 1993 State agency official Asked state supreme court to investigate clinic activities Court: no reason to exercise oversight
Arizona State Univ. 1995 Legislature Threatened to cease all funding of law clinics Rider:  clinic prohibited from prisoner suits vs. state
Rutgers Univ.—Newark 1997 Opposing party Challenged clinic’s right to represent non-profits Court: clinic help is not improper donation of public funds
Tulane Univ. 1997 Governor, Businesses Threatened to cease funding, donations State supreme court: imposed limits on clinic representation
St. Mary’s Univ. 2000 Dean Unhappy with human rights case vs. Mexico Dean unilaterally withdraws clinic from case
Univ. of Pittsburgh 2001 Legislature, Businesses Threatened to reduce university funding over forest lawsuit Budget: prohibits use of state funds for environmental clinic
Univ. of Pittsburgh 2001 Businesses, University Threatened to reduce funding and close clinic over opposition to highway University switched stance and refused to restrict clinic
Univ. of Denver 2002 Alumni/Opposing attorneys Complained after clinic sought fee award in successful case Clinic attorney ordered not to seek fees; did and position was not renewed
Univ. of Houston 2002 District Attorney Refusal to hire students who participated in innocence clinic After news reports, District Attorney’s office denied it discriminates
Univ. of North Dakota 2003 Legislator Complaint to AG that clinic couldn’t represent clients vs. state AG: nothing in educational statutes prevented such suits
Univ. of North Dakota 2004 Law clinic critic Rejected client claims bias in clinic’s case selection criteria Court: plaintiff allowed to put on proof of discrimination
Hofstra Univ. 2006 Alumnus/Trustee Threatened to withhold donation after suit against trustee’s properties University president: rebuffed attack, citing academic freedom
Rutgers Univ.—Newark 2008 Opposing party Public records request for clinic internal documents Court: public records law did not require access to case info
Univ. of Michigan 2010 District Attorney Listed innocence clinic students as witnesses for prosecution DA dropped case after witness list was challenged
Univ. of Maryland 2010 Businesses Legislative rider to condition funding on report of clinic cases, expenditures, and funding After public pressure, amended to drop funding conditions and limit extent of report
Tulane Univ. 2010 Businesses, Legislator Legislation to strip state funding to universities if clinics sue or defend certain cases Defeated in committee

 

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An Anthology of Interference in Law School Clinics Copyright © by Peter A. Joy & Robert R. Kuehn. All Rights Reserved.