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Full-Text Articles in Law

Why The Bar Examination Fails To Raise The Bar, Carol Goforth Feb 2015

Why The Bar Examination Fails To Raise The Bar, Carol Goforth

Carol Goforth

This article considers whether the current bar examination format achieves its stated objectives of protecting the public by testing minimum competency to practice law. After discussing the nature of the current bar examinations offered in the United States, the article looks at the skills associated with legal practice, and evaluates whether the bar examination is assisting in the process of insuring proper legal training for lawyers or hindering it.


Panel 3a, Mark Tushnet, Josh Blackman, Andrew Bradt, Brooke Coleman Feb 2015

Panel 3a, Mark Tushnet, Josh Blackman, Andrew Bradt, Brooke Coleman

Andrew D. Bradt

In this panel, Mark Tushnet served as commenter while the other three faculty shared the following papers: Josh Blackman - State Judicial Sovereignty) Andrew Bradt - When States Don't Blink: Managing Declaratory Relief, Parallel Litigation, and Full Faith and Credit) Brooke Coleman - Civil-izing Federalism)


Five Steps To Successfully Developing A Law Practice Technology Course, Femi Cadmus Feb 2015

Five Steps To Successfully Developing A Law Practice Technology Course, Femi Cadmus

Femi Cadmus

No abstract provided.


The Racial History Of The Harvard Law School, Daniel Coquillette Feb 2015

The Racial History Of The Harvard Law School, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii Feb 2015

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

Harold A. McDougall III

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and …


Teaching Property Stories (Book Review), Laura Underkuffler Feb 2015

Teaching Property Stories (Book Review), Laura Underkuffler

Laura S. Underkuffler

Reviewing Property Stories (Gerald Korngold & Andrew P. Morris eds., 2004))


Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel Feb 2015

Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel

W. Bradley Wendel

No abstract provided.


An Institutional Commitment To Minorities And Diversity: The Evolution Of A Law School Academic Support Program, Jackie Slotkin Feb 2015

An Institutional Commitment To Minorities And Diversity: The Evolution Of A Law School Academic Support Program, Jackie Slotkin

Jacquelyn H. Slotkin

Given the severe underrepresentation of minorities in the legal profession, law schools have begun to realize their obligation to provide minorities with access to a quality legal education. This Article profiles the ongoing efforts of one private, free-standing law school to fulfill its commitment to diversity in education.


Alternative Pedagogical Practices For Consideration By Instructional Faculty, William Byrnes Feb 2015

Alternative Pedagogical Practices For Consideration By Instructional Faculty, William Byrnes

William H. Byrnes

No abstract provided.


What's So Bad About Professor Kingsfield: A Modified Socratic Approach, Ingrid Hillinger Jan 2015

What's So Bad About Professor Kingsfield: A Modified Socratic Approach, Ingrid Hillinger

Ingrid Michelsen Hillinger

Presentation on Professor Hillinger's teaching approach.


Thinking Outside The Four Corners Of Contract Doctrine In The Legal Education Crisis, Mark Burge Jan 2015

Thinking Outside The Four Corners Of Contract Doctrine In The Legal Education Crisis, Mark Burge

Mark Edwin Burge

No abstract provided.


Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez Dec 2014

Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez

Rhonda V Magee

Chapter from the forthcoming book "Building on Best Practices: Transforming Legal Education in a Changing World" (2015). addresses the need of legal education to prepare cross-culturally competent lawyers. Outlines techniques and educational outcomes to develop law students' intercultural awareness.


Perspectives On International Students' Interest In U.S. Legal Education: Shifting Incentives And Influence, Carole Silver Dec 2014

Perspectives On International Students' Interest In U.S. Legal Education: Shifting Incentives And Influence, Carole Silver

Carole Silver

This article seeks to situate the shift to international students in U.S. law school SJD programs within the larger context of globalization and higher education, and was published as a comment on Gail Hupper’s article on “Educational Ambivalence: The Rise of a Foreign-Student Doctorate in Law.” Broadening the framework of analysis allows consideration of the competing factions and opportunities that explain the developing international market for legal education. In addition, this wider lens also offers insight into the incentives shaping new investments in legal (and higher) education, including Yale Law School’s new PhD in law.


On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball Dec 2014

On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball

Daniel R. Coquillette

Harvard Law School is the oldest and, arguably, the most influential law school in the nation. U.S. presidents, Supreme Court justices, and foreign heads of state, along with senators, congressional representatives, social critics, civil rights activists, university presidents, state and federal judges, military generals, novelists, spies, Olympians, film and TV producers, CEOs, and one First Lady have graduated from the school since its founding in 1817.
During its first century, Harvard Law School pioneered revolutionary educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic merit. …


What Firms Want: Investigating Globalization's Influence On The Market For Lawyers In Korea, Carole Silver, Jae-Hyup Lee, Jeeyoon Park Dec 2014

What Firms Want: Investigating Globalization's Influence On The Market For Lawyers In Korea, Carole Silver, Jae-Hyup Lee, Jeeyoon Park

Carole Silver

This article addresses one of the central debates regarding globalization: how best to approach liberalizing markets in order to balance the interests of local and non-local actors and institutions. It takes the legal services market as its focus and draws on the South Korean experience as a case study. Korea recently liberalized its regulatory approach to legal services by changing both its method of producing lawyers (including initiating a graduate level law school system and drastically increasing the proportion of bar exam passers) and allowing foreign competition to directly enter its market through foreign law firms and foreign-licensed lawyers working …


A Message From Your Body: Dream The Answer, Jalae Ulicki Dec 2014

A Message From Your Body: Dream The Answer, Jalae Ulicki

Jalae Ulicki

So, you are sitting in class and listening to the professor’s lecture and pretty soon the professor’s voice starts droning on and on and you find yourself nodding off…your brain activity has started slowing down and you find your body muscles relaxing. As the class disappears around you, you have now entered the first stage of sleep from which you can easily be awakened. Suddenly, you hear your name being called by the professor and you jerk wide awake (called a myclonic jerk) and you ask the professor “Could you please repeat the question?”


Becoming A Competent 21st Century Legal Ethics Professor: Everything You Always Wanted To Know About Technology (But Were Afraid To Ask), Catherine Lanctot Dec 2014

Becoming A Competent 21st Century Legal Ethics Professor: Everything You Always Wanted To Know About Technology (But Were Afraid To Ask), Catherine Lanctot

Catherine J. Lanctot

This Article provides a roadmap for rebooting the legal ethics curriculum. It describes how to revise a traditional legal ethics class to respond to twenty-first century law practice, and provides a detailed overview of the landscape of technological issues currently affecting the practice of law, including many cautionary tales of lawyers who ignored their ethical responsibilities.

We have finally hit the tipping point with respect to the use of technology within the legal profession, as bar regulators have begun to warn attorneys that they may no longer plead ignorance of technological advances if such ignorance harms the interests of their …


Libraries And Data, Darin Fox Dec 2014

Libraries And Data, Darin Fox

Darin K. Fox

We are on the threshold of an analytics revolution. It has become essential for law librarians to understand the data we produce and the data that is used to describe and compare our institutions. Law librarians must be able to locate, analyze, and present data. This chapter will describe the major sources of data used for library administration, collection building, teaching and research, and law school administration. These sources can be used by law library directors to evaluate budgets, collections, services, facilities, staffing, and more. This chapter will also provide an overview of key statistical terms and concepts that all …


Spirals And Schemas: How Integrated Law School Courses Create Higher-Order Thinkers And Problem Solvers, Jennifer Spreng Dec 2014

Spirals And Schemas: How Integrated Law School Courses Create Higher-Order Thinkers And Problem Solvers, Jennifer Spreng

Jennifer E Spreng

As legal educators continue to shift focus to preparing students for practice, they should put integrated first-year courses and curricula into the top tier of potential reform vehicles. Integration refers to the extent to which a course or curriculum blurs disciplinary boundaries as well as boundaries between doctrine and authentic learning activities. Integrated courses promote active, deep learning that facilitate orderly knowledge construction and reveal more connections between vital legal concepts. The authenticity of integrated courses improves students’ retention and transfer of knowledge. Such accessible, interconnected knowledge in such a vital learning environment is like intellectual rocket fuel to law …


Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng Dec 2014

Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng

Jennifer E Spreng

Problem-solving is the manifestation of a lawyer’s expertise. Unfortunately, the first year of law school is too highly compartmentalized and often semi-rote-learning experience that does not disturb what are many students’ passive undergraduate school learning strategies. Once taught the same way in law school, students are unlikely to develop the more intellectually sophisticated, relational learning strategies to make the cross-topical and cross-disciplinary connections of which problem-solving expertise is made.

This article argues that horizontally and vertically integrated first-year courses with spiral designs that prioritize honing students’ analytical and problem-solving capacities can break this cycle and prepare students with more self-directed …


Challenges And Opportunities In Legal Education, Aric Short Dec 2014

Challenges And Opportunities In Legal Education, Aric Short

Aric Short

No abstract provided.


How To Have A Great Conference, Joel Atlas, Estelle M. Mckee Dec 2014

How To Have A Great Conference, Joel Atlas, Estelle M. Mckee

Joel Atlas

No abstract provided.


Reflections On Starla Williams: In Appreciation Of A Friend, Linda L. Ammons Dec 2014

Reflections On Starla Williams: In Appreciation Of A Friend, Linda L. Ammons

Linda L. Ammons

No abstract provided.


Igniting The Conversation: Embracing Legal Literacy As The Heart Of The Profession, Laura J. Ax-Fultz Dec 2014

Igniting The Conversation: Embracing Legal Literacy As The Heart Of The Profession, Laura J. Ax-Fultz

Laura J. Ax-Fultz

Law librarians are experts in instruction, databases, scholarship, and more. This broad expertise has exacerbated an identity crisis in the profession. The author argues that law librarians must develop a core identity, such as legal literacy, to navigate an ever-changing legal landscape that questions the future necessity of law librarians.


The Teaching/ Research Trade-Off In Law: Data From The Right Tail, Tom Ginsburg, Thomas J. Miles Dec 2014

The Teaching/ Research Trade-Off In Law: Data From The Right Tail, Tom Ginsburg, Thomas J. Miles

Tom Ginsburg

No abstract provided.


Open Letter: A Future For Legal Education, Paulo Barrozo Dec 2014

Open Letter: A Future For Legal Education, Paulo Barrozo

Paulo Barrozo

A deepening malady marks the present and threatens the future of legal education: not enough of it can be properly described as education, much of it is mere training, and the remainder is neither. The immediate cause of the malady of legal education is the prevailing structural bias of law schools toward three symbiotic attitudes, which I label practicism, minimalism, and parochialism. This open letter explains the nature and effects of practicism, minimalism, and parochialism before outlining four proposals for the future of legal education.