Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Fordham Urban Law Journal
This Essay argues that law schools should adopt a program for training more legal generalists, especially in the field of poverty law. Furthermore, poverty law clinics should be the vehicle used to train these generalists.
Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien Hylton
Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien Hylton
Fordham Urban Law Journal
This Essay argues that the current trend focusing on the law and economics theory does a disservice to the full-spectrum of legal issues. Law and economics, according to the author, is a value -neutral approach to the law. It fails to take into account poverty and other social values when thinking about the law. Finally, law schools should recalibrate their approach and, in some instances, take social values into account when teaching the law.
Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Faculty Scholarship
The study of comparative law and legal process in any subject area offers the usual advantages of learning about other countries' legal cultures and developing a deeper understanding of one's own legal tradition. In the case of mediation, it is important to evaluate critically what is learned through comparative analysis. Mediation is still developing as a profession; it is newly institutionalized in legal cultures; and, it is relatively new to the canon of legal education. National legal traditions have responded differently to the implementation of mediation. Thus, lawyers must have an understanding of the differences and nuances in mediation law …
Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez
Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez
Fordham Urban Law Journal
This Essay argues that in a legal community development clinic, professors should "do more than teach students to be good transactional lawyers." Legal clinic professors should "focus their efforts on the elimination and reduction of poverty."
Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff
Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff
Fordham Urban Law Journal
This Essay argues that poverty and inequality issues should be integrated into first-year civil procedure courses. It examines what framework could be achieved to examine these issues in a civil procedure context. And finally, it connects the author's proposed approach with the broader mission of legal education.
Musical Chairs And Tall Buildings: Teaching Poverty Law In The 21st Century, Amy L. Wax
Musical Chairs And Tall Buildings: Teaching Poverty Law In The 21st Century, Amy L. Wax
Fordham Urban Law Journal
This Essay examines the evolution, demise and focus of welfare law courses in law school. It examines the content of these courses in an attempt to understand why these courses are not as popular as they once had been. Finally, it looks at the goals of welfare policy and what welfare law courses should teach.
The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis
The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis
Fordham Urban Law Journal
This Essay seeks to answer the question "'What is Poverty Law'?" It does this in two parts. First, it examines the surge in property law courses in the 1960's and 70's and "the purpose these early courses were intended to serve." In the second section the Essay asks and the author asks "what the history suggests about poverty law in the law school curriculum today and in the future."
Sleight Of Hand, Benjamin C. Zipursky
Sleight Of Hand, Benjamin C. Zipursky
Faculty Scholarship
Thanks to Richard Posner's classic 1972 article, A Theory of Negligence Law, the Hand formula of United States. v. Carroll Towing Co. is perhaps the most central idea of many first-year torts classes today. Students learn that the meaning of negligence should be understood in terms of Judge Learned Hand's formula comparing the costs of taking precautions with the product of the likelihood of injury without those precautions and the magnitude of such injury. There is more than a little irony, however, in the superstar status of the Hand formula in negligence law. Carroll Towing is not a negligence case …