Law Commons^™

Leveraging Professional Identity Formation In The Doctrinal Law School Class, Louis D. Bilionis

Faculty Articles and Other Publications

American law schools are paying increased attention to the professional identity formation of their students. The trend should grow now that the American Bar Association’s Section of Legal Education and Admissions to the Bar has revised its accreditation standards to prescribe that “a law school shall provide substantial opportunities to students for … (3) the development of a professional identity.”

As law school faculty and staff proceed, professors who teach traditional doctrinal classes may doubt they can do much if anything differently in their courses to support professional identity formation. Questions about course coverage and their own competency to focus …

Leading Law Schools: Relationships, Influence, And Negotiation, Michael T. Colatrella Jr.

University of Cincinnati Law Review

No abstract provided.

The Fate Of Comment 8: Analyzing A Lawyer's Ethical Obligation Of Technological Competence, Lisa Z. Rosenof

University of Cincinnati Law Review

No abstract provided.

Prospects For Legal Analytics: Some Approaches To Extracting More Meaning From Legal Texts, Kevin D. Ashley

University of Cincinnati Law Review

No abstract provided.

The Limits Of Law And Ai, Ryan Mccarl

University of Cincinnati Law Review

For thirty years, scholars in the field of law and artificial intelligence (AI) have explored the extent to which lawyers and judges can be assisted by computers. This Article describes the medium-term outlook for AI technologies and explains the obstacles to making legal work computable. I argue that while AI-based software is likely to improve legal research and support human decision making, it is unlikely to replace traditional legal work or otherwise transform the practice of law.

What Law Schools Must Change To Train Transactional Lawyers, Stephanie Mcmahon

Faculty Articles and Other Publications

Not all lawyers litigate, but you would not know that from the first-year curriculum at most law schools. Despite 50% of lawyers working in transactional practices, schools do not incorporate its legal doctrines or skills in the foundational first year. That the Progressives pushed through antitrust laws and the New Dealers founded the modern administrative state reframed how people use the law, particularly in transactional practices, and should be given equal weight as the appellate-based common law in any legal introduction. Nevertheless, the law school model created by Christopher Columbus Langdell in the 1870s remains dominant. As this review of …

Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis

University of Cincinnati Law Review

No abstract provided.

Combating Stress & Promoting Wellness At Uc's College Of Law, Rachel J. Smith

Faculty Articles and Other Publications

Lawyers are stressed out, and so are law students. For decades, we have been saying that law students arrive at law school with the same level of mental wellness as the general population, but by the time they graduate from law school, law students have surpassed the general population in depression, anxiety and stress. To counteract this trend at the University of Cincinnati (UC) College of Law, we offer an extra-curriculum mind-body class.

Law School Leadership And Leadership Development For Developing Lawyers, Louis D. Bilionis

Faculty Articles and Other Publications

A growing number of legal educators are calling for greater attention to leadership development as an element of legal education at American law schools. Some make the case directly in the name of leadership education. Others see leadership development as part of a broader law school responsibility to provide purposeful support for students in the formation of their professional identity. For yet others, development of leadership skills figures in a law school’s appropriate commitment to the professionalism, professional development, or wellness of its students. These educators, though employing different locutions, constitute a “coalition of the willing” – law school faculty …

Bringing Purposefulness To The American Law School’S Support Of Professional Identity Formation, Louis D. Bilionis

Faculty Articles and Other Publications

Ten years after the publication of Educating Lawyers, a growing number of American law schools are taking initiative to better support their students in the formation of professional identity. There is widespread recognition that success in these efforts requires an element of “purposefulness” on the part of law faculty and staff. Experiences, environments, and pedagogies that actually work for professional identity formation must be crafted and promoted with intentionality. Bringing the requisite purposefulness to the effort, however, will take a mindset about the education of a lawyer that will be new to many in legal education. This article explores that …

Standard 405 And Terms And Conditions Of Employment: More Chaos, Conflict And Confusion Ahead, Joseph P. Tomain, Donald J. Polden

Faculty Articles and Other Publications

In 2008, the Section on Legal Education and Admissions to the Bar of the American Bar Association commenced a comprehensive review of the accreditation standards for American legal education. By July of 2011, most of the revised standards and rules of procedure had been drafted, discussed and approved by the section's Standards Review Committee ("SRC") and were ready for submission to the council. However, the SRC's revised accreditation policies were not submitted for action by the council until 2014, more than six years after the review process began, as a result of decisions made by section leaders. The revised standards …

Professional Formation And The Political Economy Of The American Law School, Louis D. Bilionis

Faculty Articles and Other Publications

This article proposes that a comprehensive model for doing professional formation in law school is now in sight. The model can work for formation – which is to say that it has the right vision of the fundamentals and the appropriate program features and pedagogies to effectively support students in the development of their professional identities. The model also can work for the political economy of the typical American law school – which is to say that its strategy and approach to roles and resources makes it congenial to postulates about power, resources, work, and governance that shape relations inside …

Introduction To Law In Literature And Philosophy, Joseph P. Tomain

Faculty Articles and Other Publications

As the title indicates, this is an Introductory Memorandum for a course entitled: Law In Literature and Philosophy. The memorandum begins to explore the themes of the course more particularly it explores the relationships between and among law, literature, and philosophy by posing questions such as: Is the intersection of law and literature limited to stories about law and methods of interpretation? Or is law and literature a movement to reclaim law as part of the humanities rather than as a social science such as economics as Judge Posner questions? Or, does literature, as Professor Martha Nussbaum has written, help …

Like Mark Twain: The Death Of Academic Law Libraries Is An Exaggeration, Kenneth J. Hirsh

Faculty Articles and Other Publications

At the 2013 CALI Conference on Law School Computing, Professor James Milles, professor and former library director of the SUNY Buffalo Law School, presented his draft paper positing that academic law libraries are doomed. The author presented his contrasting viewpoints in the same session. This paper is based on his presentation and has been updated to account for adoption of the revised law school accreditation standards approved by the ABA Council on Legal Education and Admissions to the Bar in 2014. While the author agrees with the underlying observations set out by Professor Milles, he envisions a scenario where law …

Wittgenstein Tests Mr. Justice Holmes: On Holmes's Proposal To Separate Legal Concepts From Moral Concepts, Thomas D. Eisele

Faculty Articles and Other Publications

No abstract provided.

Bitter Knowledge: Socrates And Teaching By Disillusionment Appendix C - The Theaetetus, Thomas D. Eisele

Faculty Articles and Other Publications

It was been suggested (and here I am thinking in particular of comments made by Professor William Prior) that my book, Bitter Knowledge, would benefit from a more comprehensive attention to the argumentative details of the dialogues studied there. Professor Prior specifically suggests that, if we were to be given more of their argumentation, we might better appreciate the motivation or the disposition of the speakers in the dialogues under study.

The book as designed, as submitted in typescript, and as accepted for publication, included three appendices. These appendices comprised detailed outlines of the speakers and events portrayed in, respectively, …

Bitter Knowledge: Socrates And Teaching By Disillusionment Appendix B - The Meno, Thomas D. Eisele

Faculty Articles and Other Publications

It was been suggested (and here I am thinking in particular of comments made by Professor William Prior) that my book, Bitter Knowledge, would benefit from a more comprehensive attention to the argumentative details of the dialogues studied there. Professor Prior specifically suggests that, if we were to be given more of their argumentation, we might better appreciate the motivation or the disposition of the speakers in the dialogues under study.

The book as designed, as submitted in typescript, and as accepted for publication, included three appendices. These appendices comprised detailed outlines of the speakers and events portrayed in, respectively, …

Cracking The Egg: Which Came First -- Stigma Or Affirmative Action?, Emily Houh, Angela Onwuachi-Willig, Mary Campbell

Faculty Articles and Other Publications

This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this Article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's qualifications) for the Class of 2009 at seven public law schools, four of which employed race-based policies when the Class of 2009 was admitted and three of which did not use such policies at that time. Specifically, this Article examines and presents survey findings of 1) minimal, if any, …

Scholarship And Teaching After 175 Years, Gordon A. Christenson

Faculty Articles and Other Publications

A quarter century ago, I presided at the 150th anniversary celebration of the founding of the Cincinnati Law School. Newly appointed Justice Sandra Day O'Connor came to dedicate the radically refurbished Taft Hall in the spring of 1983 and to say good things about our long history. This year we begin to celebrate the College's 175th anniversary. For its dedicatory issue, the editor-in-chief of the Law Review, Matthew Singer, invited me to write an introduction as well as to reflect on those twenty-five years and the challenges and opportunities I see ahead for us. Especially as an emeritus dean and …

Law School Education In The 21st Century: Adding Information Technology Instruction To The Curriculum, Kenneth J. Hirsh, Wayne Miller

Faculty Articles and Other Publications

For the past 120 years, legal education in the United States has been fundamentally unchanged, even while the practice of law has been revolutionized by information technology. The ideal of the Socratic Method is still dominant in first year and many upperclass courses. Clinical and practice courses have expanded since the early-1980s; however, although state-of-the-art technology is now commonplace in law offices, most federal courthouses, and some state courtrooms, until now, there has been little effort to contextualize the importance of technology for law students. The authors review the availability of courses covering use of technology in law practice at …

What We Share, Thomas D. Eisele

Faculty Articles and Other Publications

Anyone involved in legal education today may wonder where we are, and what we are doing, in our task of teaching. While I am no better placed than anyone else to be able to offer anything approaching a synoptic view of legal education, I can still offer a few thoughts on teaching law. These thoughts are meant neither as a dire warning nor as a call to action. They are published, rather, out of a desire to share some ideas I have culled from the experience of teaching these past twenty years in law school. Teachers and students who find …

Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant

Faculty Articles and Other Publications

The university law school is a relatively recent innovation, not just in Nevada but throughout much of the United States as well. In this inaugural issue of the Nevada Law Journal, which marks the establishment in 1998 of the Boyd School of Law, the first state-supported and the only existing law school in Nevada, it is fitting that we examine the methods of legal education and entry to the practice of law that preceded the rise of legal education within the university.

Until the latter part of the nineteenth century, the apprenticeship system constituted the dominant mode of preparation for …

Dedication To Professor Nora Jane Lauerman - In Memoriam, Gordon A. Christenson

Faculty Articles and Other Publications

Tribute to legal scholar, Nora Jane Lauerman.

From "Moral Stupidity" To Professional Responsibility, Thomas D. Eisele

Faculty Articles and Other Publications

Within the context-even, the challenge-presented by the first chapter of Seymour Wishman's book, Confessions of a Criminal Lawyer, we symposiasts have been invited to say something about the teaching of courses which in law school go under the titles, "Legal Ethics," "Professional Ethics," or "Professional Responsibility." This last is the
title of a two-credit course that I teach, in what I take to be a fairly traditional form, over the span of a semester at the University of Cincinnati. In this essay, I want to talk about the teaching of such a course; not about how I manage to teach …

Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson

Faculty Articles and Other Publications

As part of the centennial celebration of the Washington College of Law, I am pleased to accept the invitation of The Law Review to revisit those six fascinating years of my deanship from 1971 to 1977. It is time for a backward glance in light of the profound changes that have since taken place in society, as well as in the Washington College of Law (WCL).

Bitter Knowledge: Socrates And Teaching By Disillusionment, Thomas D. Eisele

Faculty Articles and Other Publications

This essay examines Socratic teaching by investigating one aspect of my own practice in law school today; its companion essay, "The Poverty of Socratic Questioning: Asking and Answering in the Meno," examines Socratic teaching by investigating Socrates' practice in the Meno. They are meant to complement, and to complicate, one another. They also are meant to extend and to supplement some of the views of Socratic teaching expressed in two earlier essays'ofmine: Must Virtue Be Taught?, 37 J. LEGAL EDUC. 495 (1987); and "Neuer
Mind the Manner of My Speech," 14 LEGAL STUD. F. 253 (1990).

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

Faculty Articles and Other Publications

This symposium grew out of James Boyd White's Marx Lecture, given April 21, 1994, at the University of Cincinnati, and this issue owes its existence to some happy coincidences with that event. One coincidence was the idea occurring to a number of us that, as nice as it would be to publish Professor White's thoughts on the Crito in these pages of the Law Review, how much nicer still it would be to surround those thoughts, or to follow them, with the thoughts of other scholars in the field, showing how these others responded to the text discussed by White …

The Poverty Of Socratic Questioning: Asking And Answering In The Meno, Thomas D. Eisele

Faculty Articles and Other Publications

This Essay examines Socratic teaching by investigating Socrates' practice in the Meno. Its companion essay, Bitter Knowledge: Socrates and Teaching by Disillusionment, examines Socratic teaching by investigating my own practice in law school today. They are meant to complement and to complicate one another, as they also are meant to extend and to supplement some of the views of Socratic teaching expressed in two earlier essays of mine: Thomas D. Eisele, Must Virtue Be Taught?, 37 J. LEGAL EDUC. 495 (1987) [hereinafter Eisele, Virtue]; and Thomas D. Eisele, "Never Mind the Manner of My Speech": The Dilemma of Socrates' Defense …

Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson

Faculty Articles and Other Publications

Those of us in legal education and in the profession of law are in debt to the Law Review for publishing in this issue the last work of the late Professor Irvin Rutter, Law, Language, and Thinking Like a Lawyer.

On the occasion of Irvin Rutter's retirement in 1980, I briefly summarized these earlier contributions, locating them within the legal realist tradition, and we awaited the publication of his last work, then still in draft not quite satisfactory to Professor Rutter. In this essay, I situate his final work on teaching law in the pragmatist tradition with special emphasis on …

"Our Real Need": Not Explanation, But Education, Thomas D. Eisele

Faculty Articles and Other Publications

Wittgenstein wrote nothing on legal theory or law, so there is no obvious textual basis on which to draw possible connections between Wittgenstein and legal theory. And Wittgenstein abhorred theorizing in philosophy. So the odds are slim that Wittgenstein would have accommodated himself or his work to similar activity in the law. Where does this leave us?

At sea, which is where we normally are in life and, thus, where Wittgenstein wants us to recognize ourselves as being when doing philosophy too. But theory can disguise this fact from us, as it also can make us think that we have …