GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2024

Status

Working

Abstract

As lawyers and educators, law teachers often navigate systems that have failed to account for the needs of the communities that are subject to regulation. These same systems generally fail to appreciate the hybrid role exercised by lawyers who face competing demands as educators. A key example is the tension that exists for legal educators who engage students in clinical and other forms of experiential learning where questions of abuse or maltreatment of vulnerable community members may trigger mandated reporting to government officials. These laws can place legal faculty in the fraught position of needing to reconcile statutory reporting mandates, duties of privilege and confidentiality, and broader social justice considerations. At the same time, this tension presents a unique opportunity for legal educators to confront questions about the implications of mandated reporting head-on, to discuss complex issues about the ethical obligations of attorneys with students, and to work to change the status quo. This article explores the state of the law on mandatory reporting of child maltreatment, while offering practices and pedagogical interventions for legal educators, alongside proposals for legislative reform.

GW Paper Series

2024-45

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