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Reconstruction's Lessons, Susan D. Carle May 2023

Reconstruction's Lessons, Susan D. Carle

Articles in Law Reviews & Other Academic Journals

In the current moment in the legal struggle for racial justice in the United States, the Nation appears at risk of repeating its history. The country stands at a time of some hope but more cause for pessimism. The current United States Supreme Court has exhibited hostility towards key legal priorities of the racial justice movement, and all indications point to this trend continuing or getting even worse. Leading commentators on race issues have suggested that the United States is headed back to the post Reconstruction era, sometimes referred to as “Redemption” in reference to southern states’ reassertion of white …


John Osborn's Enduring Words On Law & Learning, Walter Effross Mar 2023

John Osborn's Enduring Words On Law & Learning, Walter Effross

Popular Media

When I started my first year at Harvard Law School, 17 years after Osborn did, I wasn’t looking for enlightenment. But I expected to be — and was — intimidated by Socratic taskmasters who, like the movie version of Osborn’s Professor Kingsfield (a role for which John Houseman won an Academy Award and a Golden Globe Award in 1973), were ready with “always another question, another question to follow your answer.”


A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz Brooks Jan 2023

A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz Brooks

Articles in Law Reviews & Other Academic Journals

The Community Reinvestment Act of 1977 ("CRA") primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy—it must not allocate credit.

This essay considers how …


The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle Jan 2023

The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle

Articles in Law Reviews & Other Academic Journals

This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …


Teaching Case Theory, Binny Miller Oct 2022

Teaching Case Theory, Binny Miller

Articles in Law Reviews & Other Academic Journals

As the key means of framing a case, case theory is the central problem that lawyers confront in constructing a case, and many of the decisions made during the life of a case are decisions that rest on case theory. Building on the author's earlier scholarship on case theory, this essay articulates a concept of case theory called "storyline," and sets out a framework for teaching this concept. The framework for this process has three basic stages - imagining case theory, evaluating (and constructing) case theory, and choosing case theory. The material for this process is stories, which are the …


Reflections On Law Student Mental Health By A Dean Of Students After 25 Years, David Jaffe Apr 2022

Reflections On Law Student Mental Health By A Dean Of Students After 25 Years, David Jaffe

Articles in Law Reviews & Other Academic Journals

Your faculty need to be educated about how to refer students, how to speak with students who pop into their office. Your Dean, writ-large nationally, Deans need to have the willingness, and again, the bravado, the willingness to go to the faculty and say, "You need to be part of this movement." Whatever that may mean. I would love to see every faculty member taking 30 seconds at the beginning of every class for students to breathe. Thirty seconds of breathing. If you've never done it, do it at home today, deep breaths, and see what it feels like. I …


"It's Okay To Not Be Okay": The 2021 Survey Of Law Student Well-Being, David Jaffe, Katherine M. Bender, Jerome Organ Apr 2022

"It's Okay To Not Be Okay": The 2021 Survey Of Law Student Well-Being, David Jaffe, Katherine M. Bender, Jerome Organ

Articles in Law Reviews & Other Academic Journals

The Survey of Law Student Well-Being, implemented in Spring 2014 [hereinafter "2014 SLSWB"], was the first multi-law school study in over twenty years to assess alcohol and drug use among law students, and it was the first multi-law school study ever to address prescription drug use, mental health, and help-seeking attitudes. The article summarizing the results of the 2014 SLSWB has been downloaded over 12,000 times.

With a desire to learn what has changed since 2014 given the increased emphasis on law student and lawyer well-being among law schools and legal professionals, the authors sought and received grant funding from …


In Memoriam Professor Emeritus Egon Guttmon, Claudio Grossman, Walter A. Effross, David V. Synder Jan 2022

In Memoriam Professor Emeritus Egon Guttmon, Claudio Grossman, Walter A. Effross, David V. Synder

Articles in Law Reviews & Other Academic Journals

When I think about Egon, the first thing that comes to mind are the memories when we met in 1982 at the Washington College of Law (WCL), where he was working as a full-time faculty member. I was coming at that time from my sabbatical in the Netherlands and as a Fulbright Scholar. From the beginning, Egon sought to provide me with a welcoming environment. He approached me, finding shared backgrounds and interests, which is always greatly appreciated, particularly when you are in a new institution. Egon noted that we both had an intellectual interest in international law. In addition …


Founding The Marshall-Brennan Constitutional Literacy Project, Stephen Wermiel Jan 2022

Founding The Marshall-Brennan Constitutional Literacy Project, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

There are many different approaches to civic literacy, reflecting the dedication of so many individuals and organizations and their creativity committed to the task. For the Marshall-Brennan Constitutional Literacy Project, the approach has been to have law students educate young people about their rights through Supreme Court cases and moot court arguments.


Teaching About Justice By Teaching With Justice: Global Perspectives On Clinical Legal Education And Rebellious Lawyering, Olinda Moyd, Catherine F. Klein, Richard Roe, Mizanur Rahman, Dipika Jain, Abhayraj Naik, Natalia Martinuzzi Castilho, Taysa Schiocchet, Sunday Kenechukwu Agwu, Bianca Sukrow, Christoph Konig Jan 2022

Teaching About Justice By Teaching With Justice: Global Perspectives On Clinical Legal Education And Rebellious Lawyering, Olinda Moyd, Catherine F. Klein, Richard Roe, Mizanur Rahman, Dipika Jain, Abhayraj Naik, Natalia Martinuzzi Castilho, Taysa Schiocchet, Sunday Kenechukwu Agwu, Bianca Sukrow, Christoph Konig

Articles in Law Reviews & Other Academic Journals

The inspiration for this Article was the 2021 Conference of the Global Alliance for Justice Education (GAJE), a biannual gathering since 1999 of law educators and others interested in justice education from around the world. Due to the ongoing COVID-19 pandemic, the conference was conducted virtually. During the three-day conference, over 450 participants from 45 countries gathered to participate in the sharing of workshops and presentations, ranging from discussions of papers to five-minute "lightning talks." In addition, there were virtual spaces for social meetings with new and old friends. The authors attended as many of the sessions as possible in …


What Inclusive Instructors Do Book Review, Jamie Abrams Jan 2022

What Inclusive Instructors Do Book Review, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Inclusive teaching is not just an aspirational goal. It is our ethical obligation to students. Our students can spend years dreaming of attending law school and working to achieve that goal. They can spend decades paying off the costs of attendance. Law faculty owe every student of all backgrounds, races, religions, genders, learning abilities, ages, socioeconomic statuses, immigration statuses, and military statuses an environment in which they feel like they belong and can thrive. WHAT INCLUSIVE INSTRUCTORS Do powerfully reminds us that inclusive teaching is not identified by obscenity law's "I know it when I see it" murkiness. Rather, it …


Building Fierce Empathy, Binny Miller Jan 2022

Building Fierce Empathy, Binny Miller

Articles in Law Reviews & Other Academic Journals

In this Article I explore the process of building and sustaining empathy with clients in the context of representing juvenile lifers-- people convicted of serious crimes as children and sentenced to life or sentences that ensure that they spend most of their lives in prison--in a law school clinic. Before turning to my own lawyering experiences and those of my clinic students, I ground the discussion of empathy in the competing theories of Charles Ogletree and Abbe Smith about the value of empathic lawyering for public defenders. These theories, together with the contributions of other scholars, provide a springboard for …


The Dream Of Property Professors, Ezra Rosser Nov 2021

The Dream Of Property Professors, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Michael Heller and James Salzman's new book, Mine! How the Hidden Rules of Ownership Control Our Lives, is a dream come true for property professors.

I suspect that many of us have moments when we think to ourselves, "wow, this stuff is really interesting," imagining that property law could somehow be of general interest. Too often that dream is killed when the eyes of non-lawyers, including family members, start to glaze over when they hear words like rule against perpetuities or trademark. Heller and Salzman have succeeded in making the stories property professors tell the stuff of a bestseller. They …


Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams Jul 2021

Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.

This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …


“Presentation Principles”: Connecting Core Lawyering Skills To A Contemporary Lawyering Framework In The Digital Age, Ann Shalleck Apr 2021

“Presentation Principles”: Connecting Core Lawyering Skills To A Contemporary Lawyering Framework In The Digital Age, Ann Shalleck

Presentations

One way we try to make the connection between core lawyering skills and those inherent in contemporary practice is to examine what unifies what might otherwise be considered discrete lawyering skills. Because we are so aware of how technology is constantly changing and how lawyers and our students need to adapt to its forms and logics in their practice, familiar issues of how to communicate become more evident to us. Technology, therefore, gives us the opportunity to reexamine long held practices, habits of mind, and approaches to teaching students how to present information to colleagues, supervisors, clients, adversaries, tribunals, and …


The Bottom Line: Law School Need To Get Serious About The Work Of Diversity, Equity & Inclusion, Lisa Sonia Taylor, Belinda Dantley Jan 2021

The Bottom Line: Law School Need To Get Serious About The Work Of Diversity, Equity & Inclusion, Lisa Sonia Taylor, Belinda Dantley

Reports

North American law schools are adding Diversity, Equity, and inclusion (DEI) roles or responsibilities at an increasing pace. In early 2021 we surveyed DEI professionals at law schools across the country. We agree interested in finding out more about these professionals, their work, and their perceptions about the role they play at their law school.

We took the opportunity to ask DEI professionals about their role in light of the global pandemic and focus on racial injustice after the protests against police violence in the summer of 2020.


Taking Our Space: Service, Scholarship, And Radical Citation Practice, Priya Baskaran Jan 2021

Taking Our Space: Service, Scholarship, And Radical Citation Practice, Priya Baskaran

Articles in Law Reviews & Other Academic Journals

No abstract provided.


From The Editors, Ezra Rosser, Robert Dinerstein Oct 2020

From The Editors, Ezra Rosser, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

Although this issue arrives on desks roughly two years after the start of the coronavirus pandemic, it offers a degree of continuity with our usual fare concerning scholarship about legal education. Our next double-length issue will explore in depth matters of teaching modality, technology, and change connected with the ongoing pandemic. This issue offers fresh perspectives on matters of long-standing concern-line drawing, pro bono requirements, pedagogy, law student instruction of high school students, and bar exams. We found the articles, as well as the three book reviews that fill out this issue, to be engaging and insightful and we hope …


The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle Aug 2020

The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller Jul 2020

The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller

Articles in Law Reviews & Other Academic Journals

Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …


The Legal Scholar's Guide Book Reviews, Jamie Abrams Apr 2020

The Legal Scholar's Guide Book Reviews, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Success in law school and in the legal profession often involves mastering and navigating the plethora of unwritten rules and norms that govern institutions and communities. Differences in access to those unwritten rules can privilege and advance some while disadvantaging others. A second-generation law student, for example, is far more likely to know about the professional value of law review than a first-generation law student. Law scholarship is particularly plagued by an insularity that can yield a problematic echo chamber within elite institutions and privileged communities. Thus, the more legal scholarship can be explicitly demystified, taught, and mentored, the more …


From The Editors, Ezra Rosser, Robert Dinerstein Jan 2020

From The Editors, Ezra Rosser, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

For many law professors, the experiences they had as law students often serve as the primary lens through which they make sense of their own students' experiences. Who could doubt the value in connecting with students over the stress of the first legal research and writing memo or over the challenge involved in learning the rule against perpetuities? But the legal academy will surely prosper from learning directly from students themselves. That is where the Law School Survey of Student Engagement (LSSSE) project comes in.


Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez Sep 2019

Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez

Presentations

Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.


Accidental Scholar: Navigating Academia As A Clinician And Reflecting On Intergenerational Change, Binny Miller Jan 2019

Accidental Scholar: Navigating Academia As A Clinician And Reflecting On Intergenerational Change, Binny Miller

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Deconstructed Issue-Spotting Exam, Jamie Abrams Jan 2019

The Deconstructed Issue-Spotting Exam, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

This article proposes a teaching technique for use in large, Socratic-style law school classes to embed exam preparation, formative assessment, and lawyering simulations in the course without overburdening the professor or students. This technique is sustainable, yet highly efficacious for students.

Law schools nationwide are implementing new reforms pushing law schools toward stronger assessment techniques and client-based simulations better preparing students for the practice of law. Many law schools have implemented these reforms around the margins or outside of the traditional doctrinal course. Law schools have generally added new classes with experiential learning components or with simulations integrated into the …


The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein Jan 2019

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry Jan 2018

Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry

Articles in Law Reviews & Other Academic Journals

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …


Career Services And Student Affairs: Helping Each Other Help Our Law Students, David Jaffe, Amy Perez Jan 2018

Career Services And Student Affairs: Helping Each Other Help Our Law Students, David Jaffe, Amy Perez

Newsletters & Other Publications

No abstract provided.


I Lost My Keys, And It's Okay..., David Jaffe Jan 2018

I Lost My Keys, And It's Okay..., David Jaffe

Newsletters & Other Publications

No abstract provided.


Practice And Fitness Making Writing Perfection More Nearly Attainable, Heather Ridenour, David Spratt Jan 2018

Practice And Fitness Making Writing Perfection More Nearly Attainable, Heather Ridenour, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.