Digital Commons Network^™

A Methodical Approach To Legal Research: The Legal Research Plan, An Essential Tool For Today's Law Student And New Attorney, Caroline L. Osborne

Caroline L. Osborne

This article lays out an approach to teaching legal research through an examination of historical and contemporary approaches to legal research and research instruction. It discusses creating a research plan and reviews the most commonly used legal research texts. It concludes with sample research assignments and assessment tools.

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Transcription Of 2013 Chapman Law Review Symposium: "The Future Of Law, Business, And Legal Education: How To Prepare Students To Meet Corporate Needs", Leo E. Strine Jr., Bradley Borden, Robert J. Rhee, Tania King, Lee Cheng

Robert Rhee

No abstract provided.

Using The Client-File Method To Teach Transactional Law, Bradley T. Borden

Bradley T. Borden

This Article presents a teaching method (the client-file method) for transactional law courses that combines the business school case-study method with the law school case method. The client-file method of teaching requires students to become familiar with real-word legal issues and the types of documents and information that accompany matters that transactional clients bring to attorneys (i.e., the contents of a client file). The method also requires students to learn and apply substantive law to solve problems that arise in a transactional law practice. Because the client-file method places students in a practice setting, it helps them become more practice-ready …

Remic Tax Enforecement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss

Bradley T. Borden

Lawmakers, prosecutors, homeowners, policymakers, investors, news media, scholars and other commentators have examined, litigated, and reported on numerous aspects of the 2008 Financial Crisis and the role that residential mortgage-backed securities (RMBS) played in that crisis. Big banks create RMBS by pooling mortgage notes into trusts and selling interests in those trusts as RMBS. Absent from prior work related to RMBS securitization is the tax treatment of RMBS mortgage-note pools and the critical role tax enforcement should play in ensuring the integrity of mortgage-note securitization.

This Article is the first to examine federal tax aspects of RMBS mortgage-note pools formed …

Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee

Robert Rhee

This discussion presents different ideas on how to teach accounting and practical finance to law students.

Foreword, Robert J. Rhee

Robert Rhee

No abstract provided.

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …

Extending Courthouse 'Keys' To Those In Need, Linda L. Ammons

Linda L. Ammons

No abstract provided.

Beg Borrow Or Steal: Ten Lessons Law Schools Can Learn In Evaluating Their Curriculum From Other Educational Programs, Debra Moss Curtis

Debra Moss Curtis

Beg, Borrow or Steal: Ten Lessons Law Schools Can Learn in Evaluating their CurriculumBy Debra Moss CurtisIt is indisputable that law schools are clamoring for and working toward change in their curriculum. Generally, higher education institutions have been acknowledged to have a “responsibility to endeavor to prepare graduates who are able to manage and respond effectively to change and its demands, challenges ad tensions.” However, despite criticisms and active discussions regarding curriculum reform for 25 years, law school curriculum reform has been seen as tedious and frustrating, resulting through the years in only modest changes.While in the past, …

"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler

David D. Butler

This 2,285 essay combines California's often violent history with European and American high and low culture to explain my decision to leave San Francisco in the 1970's and to study and practice law in other states. At the time, I was platflorm man (operator) on the 30 Stockton electric trolley through South of Market, the Financial District, Chinatown, Pacific Heights, and the Marina. Nevertheless, at the time the Nation of Islam had at least one armed group, the Zebra killers, murdering Whites, often slowly with machetes. I joined the White, Middle-Class, Taxpaying majority in their diaspora to safer places. My …

"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin

Robert J. Condlin

The sky is falling on legal education say the pundits, and preparing “practice ready” graduates is one of the best strategies for surviving the fallout. This is a millennialist version of the argument for clinical legal education that dominated discussion in the law schools in the 1960s and 1970s. The circumstances are different now, as are the people calling for reform, but the two movements are alike in one respect: both view skills training as legal education’s primary purpose. Everything else is a frolic and detour, and a fatal frolic and detour in hard times such as the present. No …

Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli

Paula A Monopoli

American legal education is in the grip of what some have called an “existential crisis.” The New York Times proclaims the death of the current system of legal education. This is attributed, in part, to the incentivizing of faculty to produce increasingly abstract scholarship and the costs this imposes on pedagogy and the mentoring of students. At the same time, despite women graduating from law schools in significant numbers since the 1980s, they continue to lag behind in the most prestigious positions in academia—tenured, full professorships: From academic year 1998-99 to academic year 2007-08, the percentage of women full professors …

Synaptic Plasticity In Neurological Deficit As A Form Of Indemnification: The Utility Of Analogical Thinking, Madeleine Schachter, Madeleine Schachter

Madeleine Schachter

The need for creative problem-solving is as infinite as are the ways in which to engage in it. This article posits that one useful, albeit not flawless, mechanism in which to seek scientific advancements is through the use of analogical thinking. The technique has been invoked in virtually all disciplines, sometimes successfully and sometimes not. The utility of thinking by analogy lies, paradoxically, in its capacity to conceptualize a solution or a viable avenue of further inquiry as much as in its capacity to expose flaws in the analogical concept hypothesized. As such, it is an important means of stimulating …

No Path But One: Law School Survival In An Age Of Disruptive Technology, Michele R. Pistone, John J. Hoeffner

Michele R. Pistone

In the absence of a dramatic shift in their approach to legal education, law schools are approaching the last days of Rome, a time when decline cannot be reversed and only the precise date of the final fall is to be determined. The role of marauding Germanic tribes will be played by new legal education competition whose emergence is enabled by recent technological developments. The new competition will be highly flexible, unencumbered by expensive legacy costs and, because it will reside mainly online, so scalable that no traditional, place-based law school will be immune from its impact. There will be …

It Was The Best Of Practice, It Was The Worst Of Practice: Moving Successfully From The Courtroom To The Classroom, Sherri Lee Keene

Sherri Keene

This article discusses some of the challenges that experienced attorneys encounter when they move from practice to academia and recommends ways for new professors to bring professional knowledge successfully into classroom teaching.

One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene

Sherri Keene

Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening law students’ and new attorneys’ knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close …

Legislador Platónico, Jose Luis Sardon

Jose Luis Sardon

Mejora de universidades requiere no eliminar libre competencia y derechos de propiedad establecidos en 1996 sino restituir los confiscados en 1969.

Is There Life After Laptops? Further Thoughts On The Effects Of Unplugging A Uniquely "Wired-In" Generation, Eric A. Degroff

Eric A DeGroff

The Millennial Generation is the most technologically savvy age group ever to enter the legal academy. Many, however, enter law school with learning styles and other traits that make a legal education challenging. Though research suggests that accommodating student learning styles may enhance the educational experience generally, there is mounting evidence that accommodating student preferences for technology in the classroom may be counterproductive in some ways. This article summarizes that evidence, discusses the results of the author's two-year experiment with a no-laptop policy in his first-year doctrinal course, and suggests that such a policy may be well received by most …

Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner

Michelle M. Harner

The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.

Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon

Jon M. Garon

By harnessing improvements on communications and computational systems, law firms are producing a revolution in the practice of law. Self-help legal manuals have transformed into sophisticated interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; and virtual law firms threaten to distintermediate the grand edifices of twentieth century Big Law. These changes may profoundly restructure the legal practice, undermining the business model for many solo and small firm practices.

This paper focuses on the implications of these profound disruptive …

Making And Teaching “Real” Family Law: A Celebration Of The Scholarship And Service Of Professor Margo Melli, Jalae Ulicki

Jalae Ulicki

No abstract provided.

Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande

John Lande

The legal education system is in a major crisis now, in part because law schools do not prepare students adequately to practice law. Law schools should do a better job of teaching negotiation, in particular, because it is a significant part of the work of virtually every practicing lawyer. This includes lawyers who handle civil and criminal matters and lawyers who do litigation as well as those who do transactional work. Negotiation is especially important because most litigated cases are settled and virtually all unstandardized transactions are negotiated. Most law school negotiation courses rely primarily or exclusively on simulations in …

Reimagining Merit As Achievement, Aaron N. Taylor

AARON N TAYLOR

Higher education plays a central role in the apportionment of opportunities within the American meritocracy. Unfortunately, narrow conceptions of merit limit the extent to which higher education broadens racial and socioeconomic opportunity. This article proposes an admissions framework that transcends these limited notions of merit. This “Achievement Framework” would reward applicants from disadvantaged backgrounds who have achieved beyond what could have reasonably been expected. Neither race nor ethnicity is considered as part of the framework; however, its nuanced and contextual structure would ensure that racial and ethnic diversity is encouraged in ways that traditional class-conscious preferences do not. The overarching …

Reflections On Team Production In Professional Schools And The Workplace, Robert J. Rhee

Robert Rhee

No abstract provided.

“A Message From Your Body: How To Remove Toxicity In Yourself And In The Practice Of Law”, Jalae Ulicki

Jalae Ulicki

No abstract provided.

The Future Of The American Law School Or, How The “Crits” Led Brian Tamanaha Astray And His Failing Law Schools Fails, Stephen Diamond

Stephen F. Diamond

Debate over the impact of the economic crisis on the future of the American law school has reached an exceptional level of intensity. Brian Tamanaha’s short book, Failing Law Schools, serves as the manifesto for those who believe the law school must undergo radical restructuring and cost cutting. While there is room for disagreement with almost all aspects of the reform argument no critic of Tamanaha has attempted to place his critique in the context of his pre-existing scholarly work on the rule of law. This review essay argues that only an appreciation for the dual nature of the modern …

Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay

Sharon Beckman

From the introduction:

Law schools have a clear mission, one would think. Even if the American Bar Association did not insist upon it, any given law school would acknowledge its commitment to “prepare its students for ad-mission to the bar, and effective and responsible participation in the legal profession.” In return for a substantial contribution of (usually borrowed) money, law schools promise to train students to practice law as competent, thoughtful, and faithful fiduciaries for their clients and to seek a just and fair system.

Though law schools’ collective mission is apparent, the question of how best to implement that …