Law Commons^™

A More Cost Effective Model For Legal Education, Jack Graves

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In his most recent book, Richard Susskind focuses on three primary drivers of change in the market for legal services: (1) the “more-for-less” challenge; (2) the “liberalization” of the regulatory environment; and (3) the effective use of “information technology.” These same three drivers provide the keys to unlocking a more efficient and effective system of legal education. The price of a legal education must be significantly reduced at the vast majority of law schools, and we must deliver a better education at this reduced price. Together, these two objectives comprise the obvious, yet daunting, “more-for-less” challenge we face as educators. …

Illuminating Innumeracy, Lisa Milot

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Everyone knows that lawyers are bad at math. Many fields of law, though — from explicitly number-focused practices like tax law and bankruptcy, to the less obviously numerical fields of family law and criminal defense — require interaction with, and sophisticated understandings of, numbers. To the extent that lawyers really are bad at math, why is that case? And what, if anything, should be done about it?

In this Article, I show the ways in which our acceptance of innumeracy harms our ability to practice and think about the law. On a practical level, we miscalculate numbers, oversimplify formulas, and, …

Of Carts And Horses: Organizing Remedies For The Classroom, Elaine W. Shoben

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No abstract provided.

Joining The Conversation: Law Library Research Assistant Programs And Current Criticisms Of Legal Education, David Mcclure

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Law libraries should play a greater role in addressing the current crisis in legal education. Proponents for educational reform often view libraries as a vehicle for cost savings, while overlooking the ability of libraries to train students in the skills and competencies that are essential for the practice of law. Libraries’ research assistant programs can be particularly effective in imparting workplace values and lawyering skills beyond the traditional law school curriculum. This article encourages libraries to build on the strengths of their research assistant programs as a substantive way to equip law students with essential skills for today’s legal marketplace.

Legal Writing: A Doctrinal Course, Linda H. Edwards

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Legal writing instruction in American law schools has come a long way. Although scattered experiential courses and co-curricular activities have existed since legal education moved into a university setting, the modern era of skills education began in the 1950s and 1960s, with the creation of live-client clinics at many law schools. Early legal writing programs soon followed, moving into the main stream of curricular reform during the 1980s and 1990s. As these new courses and new instructors moved into the academy, the language of legal education naturally changed. Law faculties found themselves wanting to describe these new additions to the …

Book Review, Nancy B. Rapoport

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The jig is up. Countless articles have exposed the disconnect between legal education and legal practice, and countless more have exposed the fibs of some law schools when it comes to reporting certain information to U.S. News and World Report. Whatever we have been doing wrong has finally caught up with us. Among the loudest and bravest voices excoriating law schools is Brian Tamanaha, the William Gardiner Hammond Professor of Law at the Washington University School of Law. In this book review, Professor Nancy Rapoport reviews Tamanaha's Book Failing Law Schools.

Across The Curriculum: Integrating Transactional Skills Instruction, Jean M. Whitney, Lori D. Johnson, Richard A. Rawson

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No abstract provided.

Managing U.S. News & World Report--The Enron Way, Nancy B. Rapoport

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No abstract provided.

Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan

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No abstract provided.

Rethinking U.S. Legal Education: No More "Same Old, Same Old", Nancy B. Rapoport

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In this Essay, I suggest that we should think about how to create a curriculum that encourages students to develop a variety of skill sets. Law students simply don’t need three years of Socratic questioning regarding the fine details of court opinions. They need a wide range of experiences, preferably building on skill sets (like the twenty-six Berkeley factors) that effective lawyers have developed. A law school’s curriculum should have courses that focus on different factors in each year of law school. Ultimately, what we should be teaching law students is how to develop the judgment to advise clients. Teaching …

Plus Ça Change, Plus C’Est La Même Chose, Nancy B. Rapoport

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This essay takes the original plans from NYU Law School and draws analogies between those plans and the issues facing legal education today.

Benjamin Butler's 1835 Plan for the Organization of a Law Faculty and for a System of Instruction in Legal Science in the University for the City of New-York will make any law school dean feel like Yogi Berra: it’s “deja-vu all over again.” The issue of how best to organize a curriculum to train legal professionals was a hot topic then, and it’s a hot topic now.

Teaching Social Justice, Expanding Access To Justice: An Introduction, Ngai Pindell, Jackie Gardina

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No abstract provided.

An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves

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The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

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Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which a test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers.

The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on …

Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak

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This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.