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Grunin Center for Law and Social Entrepreneurship

Reimagining Legal Education: From Mapping to Action

Legal Issues in Social Entrepreneurship and Impact Investing in the United States and Beyond

New York University School of LawJune 6, 2018


Today’s Panelists:–Flynn Coleman, Founding Grunin Fellow, New York

University School of Law

–Stephanie Dangel, Executive Director, Innovation Practice Institute, University of Pittsburgh Law School

–Susan Jones, Professor of Clinical Law, George Washington Law School

–Anne Choike, Assistant Professor (Clinical); Director of the Business and Community Law Clinic, Wayne State University Law School


Agenda

• Mapping the state of US legal education in the fields of social

entrepreneurship and impact investing (Flynn)

– Overview: survey results

– In-depth: initiatives at each facilitator’s law school (Susan and Anne)

• Law schools’ role in supporting law students and alumni who aim to apply

legal skills to the business side of social entrepreneurship and impact

investing (Stephanie)

– In-depth: NYU Grunin Center Research Assistants and NYU Law students

• Tools and strategies to provide continuing legal education to practicing

lawyers (Anne and Stephanie)

– Overview: sample CLE topics, challenges in reaching practicing lawyers

– In-depth: one facilitator’s experience working with a local bar association

Flynn Coleman Founding Grunin Fellow

New York University

School of Law


Mapping the State of US Legal EducationOverview

• Description of survey and participating schools

• Teaching across law schools: doctrinal and experiential

courses, teaching needs

• Clinics: client composition, client legal needs, clinic

resource needs

• Extracurricular activities at law schools

• Legal research by faculty in the area of social enterprise

and/or impact investing


U.S. Law School Mapping Surveys 2017-2018

• The Grunin Center at NYU Law conducted three mapping surveys of US law

schools in late 2017/early 2018. Over the course of these surveys and desktop

research, we identified over 60 US law schools that are supporting one or more

of the following activities related to the fields of social entrepreneurship and/or

impact investing:

– Curriculum/teaching,

– Extra-curricular activities for students,

– Legal research and writing by faculty members.

• These US law schools represent around 30% of US accredited law schools.


Mapping Surveys: 56 Law School Respondents*

Albany University

University of Baltimore

Boston College

Brooklyn University

Cardozo University

Chapman University

University of Chicago

University of Chicago-Kent

University of Cincinnati

Columbia University

University of Denver

Duke University

Elon University

Florida International University

Fordham University

Georgetown University

George Washington University

Georgia State University

Harvard University

Hofstra University

Indiana University

University of Iowa

Lewis & Clark University

Marquette University

University of Miami

University of Michigan

University of Minnesota

University of Missouri

University of Missouri-Kansas City

University of Nebraska

New York University

University of North Carolina-Chapel Hill

Northeastern University

University of Northern Kentucky

Notre Dame University

Pace University

University of Pennsylvania

University of Pittsburgh

University of Richmond

Saint Louis University

Santa Clara University

University of South Dakota

University of Southern California

Southern Methodist University

Southwestern University

Stanford University

University of Tennessee

University of Tennessee-Knoxville

University of Texas

Vanderbilt University

University of Vermont

Villanova University

Wake Forest University

University of Washington

Wayne State University

Yeshiva University

* Desktop research indicates that there are at least 7 other law schools that appear to have relevant courses/activities/scholarship, but representatives of those law schools did not respond to the surveys.


Mapping Survey: TeachingFaculty from the following 42 surveyed law schools responded that they are

teaching courses that address social entrepreneurship and/or impact investing:AlbanyBaltimoreBoston College Brooklyn CardozoChicago-KentUniversity of Cincinnati ColumbiaDenver UniversityDukeElon UniversityFordham LawGeorge WashingtonGeorgetownGeorgia State HarvardHofstraIowa Lewis & Clark

MarquetteMiamiMichiganMinnesota MissouriMissouri-Kansas CityNebraskaNortheastern Notre Dame NYU PacePennsylvaniaPittsburghRichmondSaint Louis Santa ClaraStanford Tennessee Vermont

Villanova Washington Wayne StateYeshiva


Mapping Survey: Teaching in Doctrinal Courses

• 18 survey respondents said they were teaching a doctrinal course in a U.S.

law school that addresses or embeds themes of social entrepreneurship

and or/impact investing

– Of those, 87.5% (14) identified their field as corporate/enterprise

organizations

9


Mapping Survey: Teaching Needs

• We asked: What resources would you like to see created to help law

schools embed themes of social entrepreneurship and impact investing

into law courses?

• 77.78% wanted “Case Studies (with teacher guides)”

• 77.78% wanted “Exercises – simulations, small group exercises, drafting

exercises, negotiation exercises, other”

• 77.78% wanted a “Library of forms of contracts, and training tools– curated

and annotated”

10

Mapping Survey: Teaching in Experiential Courses

• Clinics appear to be the biggest part of the teaching going on in US law schools in the fields of social entrepreneurship/impact investing.

• At least 26 law schools (representing 29 transactional clinics) offer transactional clinics serving clients that self-identify as social enterprises or impact investors.

• Most of these transactional clinics are serving clients that self-identify as social enterprises (not as impact investors).

• 22 clinics represent social enterprises.

• 7 clinics represent both social enterprises and impact investors.

Toe in the Water or

an Incoming Wave?

• Social enterprises/impact investors represent a relatively small percent of

most of these transactional clinics’ overall clientele (but there are 4

outliers that are making social enterprises/impact investors the focus of

their transactional clinics’ clientele)

– 1-10% of 13 clinics’ clientele

– 11-25% of 7 clinics’ clientele

– Over 75% of 4 clinics’ clientele

Areas of legal advice provided by

Transactional Clinics to social

enterprises/impact investors

• Top four areas of legal advice provided by transactional clinics to clients

that self-identify as social enterprises/impact investors:

– Formation/Choice of entity (27 clinics)

– Contracts and agreements (27 clinics)

– Governance (26 clinics)

– Intellectual Property (24 clinics)

Resource Needs:Clinical Professors’ Wish List

• Document Libraries/Templates – 23 clinics• Course Materials (case studies, readings, interactive exercises,

simulations, etc. for use in seminar component of clinic) – 20 clinics• Tools to support advising clients about legal options (such as decisions

about choice of entity/formation, local counsel checklists, etc.) – 20 clinics

• Syllabi Sharing – 18 clinics


Mapping Survey: Extracurricular Activities in Law Schools

• Representatives from 18 schools said that their law school supports or sponsors

activities outside of the classroom that involve social entrepreneurship and/or

impact investing Lewis and Clark University

Harvard University

University of Missouri Kansas City

New York University

Northeastern

University of Pennsylvania

University of Pittsburgh

Saint Louis University

Vermont Law School

University of Washington

Boston College

Brooklyn Law School

University of Chicago-Kent

University of Denver

Fordham University

Georgetown University

George Washington University

Georgia State University

15


Mapping Survey: Extracurricular Activities

16


Mapping Survey: Legal Research by Faculty

• 48.33% of respondents said that they are conducting legal research in the

field of social enterprise and/or impact investing

– We asked: What resources would you like to see created to help legal

scholars conduct research and publish in the field of social

entrepreneurship and impact investing?

• 85.71% were interested in a “symposium dedicated to topics about

social entrepreneurship/impact investing”

17


Mapping Survey: Legal Research by Faculty

18


Mapping the State of US Legal EducationIn-Depth

• The George Washington University Law School

• New York University School of Law

• University of Pittsburgh School of Law

• Wayne State University Law School


Susan R. Jones,Professor of Clinical Law &

Director of Small Business & Community Economic Development ClinicGeorge Washington University Law School


Small Business & Community Economic Development Clinic at GW Law School Supports Social Innovators

1. Legal representation of social innovators through work with and

referrals from Ashoka (builds and cultivates a community of change

leaders supporting the citizen sector and innovation);

2. Legal representation of selected Halcyon House fellows (equipping early-

stage social entrepreneurs with support to transform audacious ideas into

scalable and sustainable ventures); and

3. Entrepreneurship for Returning Citizens, action research project

helping communities while educating law students.


Case Example: Action Research Supporting Social Entrepreneurship for Returning Citizens

-Returning Citizen Defined: DC Code Sec. 24-1301(5)

“persons who are residents of the District who were previously incarcerated.”

-Social Entrepreneurship for Returning Citizens is at the intersection of criminal

justice reform and social innovation

-DC Law 159 supports Social Entrepreneurship for Returning Citizens: Creating

Self-Sufficiency, Improving Lives, Strengthening Families

-Action Research – educating students while helping communities – allows law

students to witness the work of social innovators, learn about their legal needs, and

observe what it takes to be a social innovator

22


#DCLaw159

Social Entrepreneurship for Returning Citizens:

Creating Self-Sufficiency, Improving Lives, Strengthening Families

Delivery of Open Letter to Mayor BowserI’m writing on behalf of the Working Coalition to Fund the IIEP (Incarceration to Incorporation Entrepreneurship Program). We’re asking you to join us in a show of force in

hand-delivering an open letter to the Mayor expressing funding. We’ll meet at the John A. Wilson Building, ground floor, Room 10, on Monday, March 19th at 9:10 am before

heading to the Mayor’s suite at 9:30 am.

This is an opportunity to join us in exercising our First Amendment rights with the delivery of our letter to the Mayor. The Coalition believes the IIEP can be a pathway to

creating wealth and financial independence, particularly for those who struggle to find employment after incarceration. The fostering of entrepreneurship will enable our

citizens to not only create jobs for themselves but improve their communities.

The IIEP offers entrepreneurship training, a GED curriculum, apprenticeship instruction, and access to capital through its Incarceration to Incorporation Entrepreneurship Fund

(IIEF). This program became law July 12, 2016 but Mayor Bowser has not funded it!

Please join us in bringing attention to this important program. We encourage anyone who has expertise or knowledge in videography to video our expression to share on the

various social media platforms.

Thank you.

Support the movement,

Kevin

Coalition Coordinator

[email protected]

Working Coalition to Fund the IIEP

mailto:[email protected]


The Problem

• 60,000 people in Washington D.C. or 10% of the population have criminal records

• Each year more than 8,000 individuals return to D.C. from penal institutions

• The largest percentage of returning citizens is African-American men, 21-30 years of age

• According to the D.C. Department of Corrections, 37 percent of men in custody had no high school diploma or a GED


Selected Contributions to Action Research Project on Entrepreneurship for Returning Citizens:

• Legal Representation of returning citizen entrepreneurs

• Convening on entrepreneurship for returning citizens

• Testified in the DC City Counsel on the Incarceration to Incorporation

Entrepreneurship Act which became law

• Business & Legal Toolkit for Returning Citizen Entrepreneurs

• White Paper on Funding the Incarceration to Incorporation

Entrepreneurship Program


Free Minds Book Club & Writing Workshop


Anne Choike

Assistant Professor (Clinical)

Director of the Business and Community Law Clinic

Wayne State University Law School

Sample Initiatives Promoting Social Innovation & Entrepreneurship in Detroit, Flint and Other

Underserved Michigan Communities:Community Office Hours (Bilingual)

Community Legal Workshops“CLE” for Practicing Attorneys (2018-2019)

Local Government Level Policy Advocacy (2018-2019)March 2019 Symposium on Blockchain’s Legal Impacts


Business and Community Law Clinic

seeks to encourage the growth of social enterprise in Detroit and Michigan.

Sample Clients include a for-profit feminist collective that promotes creative expression and camaraderie among underrepresented female-identified musicians and artists in Detroit with an ultimate goal of creating a collaborative, female-owned and operated music and art community space.

Sample events include Legal Workshop at Detroit Social Enterprise Conference – Issues addressed include forming your social enterprise, pathway to legal compliance for “pre-legal" social enterprises & working with independent contractors

Stephanie Dangel, Executive Director

Start Smart Law: Monthly Public Legal Seminars

Taught by Startup Lawyers To Pitt Law Students AND

Social Innovators & Entrepreneurs from Pitt, Carnegie Mellon University

& The Pittsburgh Community


Why Should Legal Education Prepare Lawyers for the Business Side of

Social Entrepreneurship & Impact Investing?

Support for Applying Legal Skills To the Business Side of

Social Entrepreneurship and Impact Investing

• Lawyers Who Serve Social Innovators and Impact Investors Need to Know How to Balance Doing Well with Doing Good.

• One-Third of Law School Graduates Will Not Practice Law, and Jobs in the Social Impact Sector Are Growing and Rewarding.

How does the IPI Prepare Law Students for the Business Side of Social Entrepreneurship & Impact Investing?

Innovators, Esq. - Weekly Lunch & Learns with

Lawyers/Social Innovators

Experiential Law & Social Innovation Courses e.g., “Commercializing New Technologies,” “Benchtop to Bedside Bio-Tech Commercialization”

& “Design & Policy for Humanitarian Impact”

Incubators and Accelerators

Internships and Externships in Pittsburgh’s Social Entrepreneurial Ecosystem

e.g., Universities, Hospitals &Social Innovation Incubators & Accelerators

SOCIAL ENTREPRENEURS, ESQ. SERVICE YEAR3 YEARS OF UNDERGRADUATE BUSINESS EDUCATION +

3 YEARS OF LAW SCHOOL +SERVICE YEAR AT LOCAL SOCIAL ENTERPRISE INCUBATOR/ACCELERATOR

REPLACING 1 YEAR’S WORTH OF TUITION PAIDWITH 1 YEAR’S WORK OF STIPEND EARNED

& EXPERIENCE LEARNED

Support for Applying Legal Skills to the

Business Side of Social Entrepreneurship and

Impact Investing

• NYU Grunin Center Research Assistants

• Law students from NYU Law’s Impact

Investing class


Wayne Law BCLC’s Support for Applying Legal

Skills to the Business Side of Social

Entrepreneurship and Impact Investing

• Introducing law students to

Detroit’s emerging social

entrepreneurship community


Continuing Legal Education for Practicing Lawyers Overview

• Sample CLE topics– Background on/business of social enterprise – Formation/entity choice (including cooperatives)– Funding/impact investing– Ethics/PR– Regulatory/compliance

• Challenges in reaching practicing lawyers– CLE requirement (or lack thereof)– (Perception of) low demand/profitability for social enterprise practice– Limited development of other professional services in social

entrepreneurship ecosystem– Legislative stagnation with respect to social enterprise laws


Continuing Legal Education for Practicing Lawyers In-Depth

Working with your local bar association to form a group of attorneys

representing social enterprises and impact investors

In Pittsburgh, Penny Zacharias (McGuireWoods) & Jeanne Lofgren (Stonecipher Law Firm) have

convinced the Allegheny County Bar Association to host a Meeting on June 19th to determine the

interest of ACBA Members in forming a committee to serve lawyers and legal professionals that

represent clients in forming and managing Benefit Companies and Impact Investors.


Summary and Q&A

• Themes

• Challenges and Opportunities

• Audience feedback and questions

THANK YOU!

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