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Legal Education

Steve Sheppard

Selected Works

Journal Articles

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Articles 1 - 4 of 4

Full-Text Articles in Entire DC Network

Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard Jan 2011

Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard

Steve Sheppard

In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants the right to fair trials with impartial judges. Judges should recuse themselves from cases that involve conflicts of interest, which may result in partiality from the bench. However, judges do not always opt for recusal, even when their impartiality is in question. In Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), the Court evaluated West Virginia Supreme Court Justice Brent Benjamin’s decision not to disqualify himself from a case involving a litigant who made large contributions to his election …


Teach Justice, Steve Sheppard Jan 2008

Teach Justice, Steve Sheppard

Steve Sheppard

Law schools must improve their preparation of students to practice law ethically. Current law school curricula focus on preparing students to analyze legal issues but not ethical issues. A curriculum that encourages students to distance themselves from their ethical instincts is dangerous. A value-neutral approach to the law eventually leads to distortions of the law. Lawyers will be left without a proper way to sense the purpose behind the law, and they will instead focus solely on what the law requires or allows. While law schools could choose from limitless lists of moral values to include in their curricula, this …


Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard Jan 2005

Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard

Steve Sheppard

In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but his conclusion--hierarchies in law are wrong and must be resisted--is misplaced. Kennedy’s Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, claims law schools breed a hierarchical system, where rank plays an important part in how law schools relate to each other; how faculty members relate to each other and to students; and how students relate to other students. This system trains students to accept and prepare for their place within the hierarchy of the legal profession. According to Kennedy, such …


An Informal History Of How Law Schools Evaluate Students, With A Predictable Emphasis On Law School Exams, Steve Sheppard Jan 1997

An Informal History Of How Law Schools Evaluate Students, With A Predictable Emphasis On Law School Exams, Steve Sheppard

Steve Sheppard

This story of the evolution of legal evaluations from the seventeenth century to the close of the twentieth depicts English influences on American law student evaluations, which have waned in the twentieth century with the advent of course-end examinations. Seventeenth- and eighteenth-century English examinations given to conclude a legal degree were relatively ceremonial exercises in which performance was often based on the demonstration of rote memory. As examination processes evolved, American law schools adopted essay evaluations from their English counterparts. Examinees in the nineteenth century were given a narrative, requiring the recognition of particularly appropriate legal doctrines, enunciation of the …