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Articles 1 - 30 of 38
Full-Text Articles in Law
The Carnegie Effect: Elevating Practical Training Over Liberal Education In Curricular Reform, Mark Yates
The Carnegie Effect: Elevating Practical Training Over Liberal Education In Curricular Reform, Mark Yates
Publications
The Carnegie Foundation issued its book-length report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report) in 2007. Although there have been numerous responses to it, relatively few have engaged it with any degree of critical analysis. Law schools across the country have enthusiastically mentioned the Carnegie Report in connection with curricular changes intended to “prepare” students, in the words of the Report, for the practice of law. Mostly these changes amount to adding clinical options or even clinical requirements, adding units to legal writing programs, and updating professional responsibility courses. Very few, if any law schools, however, have …
The Law School Firm, Bradley T. Borden, Robert J. Rhee
The Law School Firm, Bradley T. Borden, Robert J. Rhee
UF Law Faculty Publications
This Article introduces the concept of the law school firm. The concept calls for law schools to establish affiliated law firms. The affiliation would provide opportunities for students, faculty, and attorneys to collaborate and share resources to teach, research, write, serve clients, and influence the development of law and policy. Based loosely on the medical school model, the law school firm will help bridge the gap between law schools and the practice of law.
Racing Towards Colorblindness: Stereotype Threat And The Myth Of Meritocracy, Jonathan Feingold
Racing Towards Colorblindness: Stereotype Threat And The Myth Of Meritocracy, Jonathan Feingold
Faculty Scholarship
Education law and policy debates often focus on whether college and graduate school admissions offices should take race into account. Those who advocate for a strictly merits-based regime emphasize the importance of colorblindness. The call for colorblind admissions relies on the assumption that our current admissions criteria are fair measures, which accurately capture talent and ability. Recent social science research into standardized testing suggests that this is not the case.
Part I of this Article explores the psychological phenomenon of stereotype threat. Stereotype threat has been shown to detrimentally impact the performance of individuals from negatively stereotyped groups when performing …
A Primer For Teaching Law As An Adjunct Professor, Rachel A. Van Cleave
A Primer For Teaching Law As An Adjunct Professor, Rachel A. Van Cleave
Publications
After practicing law and perhaps specializing in a particular area for several years, you cannot help but think, "I wish they had taught me [blank] in law school." You start to wonder whether you could teach a class at a local law school. Here are some tips for pursuing such an endeavor.
So You Want To Teach Law, Rachel A. Van Cleave
So You Want To Teach Law, Rachel A. Van Cleave
Publications
After practicing law and perhaps specializing in a particular area for several years, you cannot help but think, "I wish they had taught me [blank] in law school." You start to wonder whether you could teach a class at a local law school. Here are some tips for pursuing such an endeavor.
Improving Legal Education By Improving Casebooks: Fourteen Things Casebooks Can Do To Produce Better And More Learning, Michael Hunter Schwartz
Improving Legal Education By Improving Casebooks: Fourteen Things Casebooks Can Do To Produce Better And More Learning, Michael Hunter Schwartz
Faculty Scholarship
No abstract provided.
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
The theory and practice of law have been separated in legal education to their detriment since the turn of the twentieth century. As history teaches us and even the 2007 Carnegie Report perhaps suggests, teaching practice without theory is as inadequate as teaching theory without practice. Just as law students should learn how to draft a simple contract from taking Contracts, they should learn the theory of persuasion from taking a legal writing course. In an economy where law apprenticeship has reverted from employer to educator, legal writing courses should do more than teach analysis, conventional documents, and the social …
Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele
Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele
Faculty Publications
A simple change in state law could improve the quality of legal education in Arkansas and the quality of legal services available to our consumers - and save significant amounts of taxpayers' money. With an Afterword on academic freedom. Also available from Advance Arkansas Institute website.
Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert Statchen, Anthony J. Luppino, William Kell
Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert Statchen, Anthony J. Luppino, William Kell
Faculty Scholarship
This Article represents a panel presentation on interdisciplinary work in law school transactional courses. The Authors’ focus is on the Small Business Clinic at Western New England University School of Law. Topics covered are: interdisciplinary work and the classroom, professional liability and competency issues in rendering services through a clinic, culture class issues, ethical dilemmas, delivering professional products to the client, and co-curricular opportunities.
Renaissance Or Retrenchment: Legal Education At A Crossroads, Lauren Carasik
Renaissance Or Retrenchment: Legal Education At A Crossroads, Lauren Carasik
Faculty Scholarship
This Article begins to synthesize the literature criticizing the current state of legal education with the scholarship proposing solutions, and argues that whatever review is undertaken must be expansive, with a careful and critical look at how each piece supports the endeavor. None of the ideas discussed, taken alone, are novel, as scholarship abounds on all of the topics. Considered together, the analysis suggests that a comprehensive and holistic approach to reform is necessary. In essence, the goal is to catalyze a wholesale reconsideration of the very foundation of legal education. Many of the seemingly disparate themes comprise a Gordian …
Outcomes & Assessment: A Golden Opportunity For Lrw Professors, David I.C. Thomson
Outcomes & Assessment: A Golden Opportunity For Lrw Professors, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
The American Bar Association is currently discussing drafts of a proposal to shift the law school accreditation standards from inputs measurements (such as numbers of books, faculty student ratios, etc.) to outcomes assessment. While still in discussion, this shift has the potential to create profound change in legal education. For the first time, law schools may be held accountable – beyond the bar exam – for what and how they teach their students. Law schools all across the country are busy trying to determine what this will mean, and how to go about meeting the new ABA standard.
New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler
New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler
Sturm College of Law: Faculty Scholarship
As foreign as it can seem to not be in a physical classroom with bodies sitting in the chairs listening, it is a very different way of teaching but it can be very effective. If you go through this process of developing and dividing outcomes, dividing modules, and selecting the right technology, it can work. And that is kind of a scary thought to some people. Perhaps not people who have come to this section today or to this conference about What's Next, but for many of our colleagues, this is kind of a scary thought – that you might …
Upper-Level Courses: Three Exemplars, Eric J. Gouvin, Mark Fagan, Tamar Frankel, Kathy Z. Heller
Upper-Level Courses: Three Exemplars, Eric J. Gouvin, Mark Fagan, Tamar Frankel, Kathy Z. Heller
Faculty Scholarship
This Article presents three exemplars of upper-level law school classes, and is divided into three parts. Part I discusses "Securitization and Asset-Backed Securities"; Part II discusses "Using Transactions to Teach Secured Transactions"; and Part III discusses "Teaching Deals Through a Focus on the Entertainment Industry."
Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin
Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin
Faculty Scholarship
This article is an outgrowth of the author’s participation in a July 29, 2009 panel presentation, “Change in Legal Education: Practical Skills,” at the Symposium, YES WE CArNegie: Change in Legal Education after the Carnegie Report. The article responds to the Carnegie Report’s call to “bridge the gap between analytical and practical knowledge” by presenting two models for integrating skills with doctrine in the first-year curriculum. The first model, built into the curriculum at the University of Maryland School of Law, involves teaching the first semester Legal Analysis & Writing course by pairing it with another required first-semester course, Torts, …
On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee
On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee
Faculty Scholarship
This article identifies two interconnected problems in legal education. First, legal education and practice are more disconnected than they should be, a reality which distinguishes law schools from other professional schools. The major flaw of legal education as the failure to produce more market-ready lawyers who have a mix of skills and knowledge to add value in a complex and challenging practice environment. Second, law school imposes large direct and opportunity costs on its students. These costs combine with the problem of a deficiency in academic training and post-graduation financing of additional training in the workplace to impose a growing …
The Law School Firm, Bradley T. Borden, Robert J. Rhee
The Law School Firm, Bradley T. Borden, Robert J. Rhee
Faculty Scholarship
This Article introduces the concept of the law school firm. The concept calls for law schools to establish affiliated law firms. The affiliation would provide opportunities for students, faculty, and attorneys to collaborate and share resources to teach, research, write, serve clients, and influence the development of law and policy. Based loosely on the medical school model, the law school firm will help bridge the gap between law schools and the practice of law.
The New Rules For Law Schools, Barbara S. Gontrum
The New Rules For Law Schools, Barbara S. Gontrum
Faculty Scholarship
No abstract provided.
Innovative Transactional Pedagogies, Joan Macleod Heminway, Michael A. Woronoff, Lyman P.Q. Johnson
Innovative Transactional Pedagogies, Joan Macleod Heminway, Michael A. Woronoff, Lyman P.Q. Johnson
Scholarly Articles
Our law schools are embracing in a more powerful way innovative transactional pedagogies that address not only theory, policy, and doctrine, but also legal skills. This transcribed panel discussion explores three of these pedagogies – teaching corporate finance as advanced contract drafting, teaching numeracy, and teaching substance and skill in contract drafting through the use of in-office meetings and analytical memos – and describes how they are being implemented in law teaching. The panel was part of the “Transactional Education: What’s Next?” conference hosted by the Emory University School of Law’s Center for Transactional Law and Practice on June 4-5, …
Techniques To Teach Substance And Skill In Contract Drafting: In-Office Meetings And Analytical Memos, Lyman P. Q. Johnson
Techniques To Teach Substance And Skill In Contract Drafting: In-Office Meetings And Analytical Memos, Lyman P. Q. Johnson
Scholarly Articles
This short article is based on a talk at Emory Law School on Transactional Lawyering. One overall pedagogical aim of a transactional course (or any business contract drafting course) is to link skills training with insistence on in-depth substantive learning about law and business. In this way, skills training – although acknowledged to be practical – also can be recognized as intellectually demanding, a point not always appreciated by proponents of more traditional law teaching. Two techniques for making the connection – in-office meetings and detailed “companion” analytical memos – are described.
Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz
Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz
Articles
Intellectual property sits at the center of today’s global information economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who can make and implement intellectual property law - that is to say, the new leaders in intellectual property law. Indeed, the demand for intellectual property law-trained lawyers triggered a “big bang” in the creation of advanced intellectual property law programs at American law schools. The new leaders …
Beyond Chalk And Talk: The Law Classroom Of The Future, Oren R. Griffin, Karen J. Sneddon
Beyond Chalk And Talk: The Law Classroom Of The Future, Oren R. Griffin, Karen J. Sneddon
Articles, Chapters in Books and Other Contributions to Scholarly Works
Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie's Educating Lawyers and the Clinical Legal Education Association's Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …
Legal Education Comes To Nevada: The Creation Of The William S. Boyd School Of Law, Mary Berkheiser
Legal Education Comes To Nevada: The Creation Of The William S. Boyd School Of Law, Mary Berkheiser
Scholarly Works
No abstract provided.
Accreditation Reconsidered, Judith C. Areen
Accreditation Reconsidered, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
Higher education is one of the most successful sectors in the nation at a time when much of the economy is struggling. Its quality has been buoyed by a long tradition of investment, both public and private, and by a healthy degree of autonomy from governmental control. America’s three governance innovations, citizen governing boards, shared governance, and accreditation, also have encouraged both quality and institutional autonomy in higher education.
Accreditation has been a particularly important contributor to the institutional diversity and vitality of American colleges and universities. Most nations have a ministry of education that oversees institutions of higher education. …
Teaching Contracts From A Transactional Perspective, Michael Hunter Schwartz
Teaching Contracts From A Transactional Perspective, Michael Hunter Schwartz
Faculty Scholarship
No abstract provided.
Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins
Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins
Articles by Maurer Faculty
Drawing on data from the Law School Survey of Student Engagement, this paper investigates the ways in which law students develop a sense of professional identity and purpose, the third apprenticeship identified by the Carnegie Foundation in its report, Educating Lawyers. The data offer only a first step toward unpacking how students learn about professional identity and purpose. Generally, the findings point to the importance of law school classes for effective learning about legal ethics, and to the role of clinical legal education as a means for deepening the effectiveness of lessons about ethics, professional identity and purpose.
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin
Scholarly Works
This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.
Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, Patricia E. Salkin, John R. Nolan
Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, Patricia E. Salkin, John R. Nolan
Scholarly Works
The changing dynamics in the field of land use and sustainable community development law demand that land use law professors rethink the way in which we prepare law students to practice law in this area. This needed paradigm shift converges with the growing momentum of the best practices movement which urges law schools to dramatically revise the curricular approach to legal education, arguing that traditional models are no longer effectively serving the goal of producing competent and fully prepared new lawyers. A perfect storm is present and a unique opportunity exists through the application of many “best practices” concepts for …
Getting Real About Legal Realism, New Legal Realism And Clinical Legal Education, Katherine R. Kruse
Getting Real About Legal Realism, New Legal Realism And Clinical Legal Education, Katherine R. Kruse
Scholarly Works
Jerome Frank’s call for a “clinical lawyer-school” is cited so frequently in clinical scholarship that it borders on the canonical. Like many calls for reform in legal education, Frank’s plea for clinical lawyer-schools was based on a critique of the appellate case method of legal instruction. However, unlike most critiques, the legal realist critique was embedded within a jurisprudential challenge to the meaning of law itself, arising from American Legal Realism. Running through legal realist jurisprudence was a distinction between the “law in books” and the “law in action,” with the idea that law is not found primarily in statutes …
Innovative Transactional Pedagogies, Joan Macleod Heminway
Innovative Transactional Pedagogies, Joan Macleod Heminway
Scholarly Works
Our law schools are embracing in a more powerful way innovative transactional pedagogies that address not only theory, policy, and doctrine, but also legal skills. This transcribed panel discussion explores three of these pedagogies – teaching corporate finance as advanced contract drafting, teaching numeracy, and teaching substance and skill in contract drafting through the use of in-office meetings and analytical memos – and describes how they are being implemented in law teaching. The panel was part of the “Transactional Education: What’s Next?” conference hosted by the Emory University School of Law’s Center for Transactional Law and Practice on June 4-5, …
Calling Law A 'Profession' Only Confuses Thinking About The Challenges Lawyers Face, Thomas D. Morgan
Calling Law A 'Profession' Only Confuses Thinking About The Challenges Lawyers Face, Thomas D. Morgan
GW Law Faculty Publications & Other Works
It is appropriate to want lawyers to be mature, moral people and to help legal education reinforce those qualities. It is also appropriate to be sure students understand lawyers’ fiduciary responsibilities and the ways lawyers fall short of meeting them. It only confuses work on those issues, however, to call them part of teaching "professionalism." Law is not a "profession" as that term has traditionally been used. Calling law a profession does not help understanding the challenges lawyers face.