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A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

The 2022 Conference Of Religiously Affiliated Law Schools: Reflections On Faculty Vocation And Support, Lucia A. Silecchia

Scholarly Articles

In the United States, numerous law schools identify themselves as “religiously affiliated.” There are many opportunities and challenges that come with such affiliation. What “religiously affiliated” may mean for a law school’s faculty is a particularly critical aspect of this question. I was grateful to have been invited to reflect on what religious affiliation might mean for faculty hiring at the “Past, Present, and Future of Religiously Affiliated Law Schools” conference. What follows are reflections that consider not merely that question—important as it is—but also explore what happens after the hiring decision to make the vocation to teach at a …

Teaching About Justice By Teaching With Justice: Global Perspectives On Clinical Legal Education And Rebellious Lawyering, Catherine F. Klein, Richard Roe

Scholarly Articles

Teaching About Justice by Teaching with Justice: Global Perspectives on Clinical Education and Rebellious Lawyering is co-authored by cadre of clinicians from around the world: Catherine F. Klein, Richard Roe, Mizanur Rahman, Dipika Jain, Abhayraj Naik, Natalia Martinuzzi Castilho, Taysa Schiocchet, Sunday Kenechukwu Agwu, Olinda Moyd, Bianca Sukrow, and Christoph König. The piece captures and reflects the content of five presentations at the 2021 Global Alliance for Justice Education (GAJE) biannual gathering, conducted virtually due to the pandemic, with over 450 participants from 45 countries. The piece illuminates many themes and issues in the teaching and practice of transformational justice …

Take Note: Teaching Law Students To Be Responsible Stewards Of Technology, Kristen E. Murray

Catholic University Law Review

The modern lawyer cannot practice without some deployment of technology; practical and ethical obligations have made technological proficiency part of what it means to be practice-ready. These obligations complicate the question of what constitutes best practices in law school.

Today’s law schools are filled with students who are digital natives who don’t necessarily leverage technology in maximally efficient ways, and faculty who span multiple generations, with varying amounts of skepticism about modern technology. Students are expected to use technology to read, prepare for class, take notes, and study for and take final exams. Professors might use technology to teach or …

Re-Envisioning Law Student Scholarship, Emily Zimmerman

Catholic University Law Review

This Article recommends that we think more intentionally about how law students’ engagement in scholarship can promote their professional development. In so doing, we should recognize that legal scholarship plays a different role for law students than it does for law professors. Rather than trying to replicate law professors’ relationship with scholarship, the pedagogy of law student scholarship should focus more intentionally on the value of scholarship for law students—most of whom will not become law professors.

This Article suggests that much of the value of scholarship for law students lies in process, rather than product. Rather than thinking …

Exploring The Role Of Emotions In Clinical Legal Education: Inquiry And Results From An International Workshop For Legal Educators, Catherine F. Klein, Kate Seear, Lisa Bliss, Paul Galowitz

Scholarly Articles

Clinical legal education provides a unique opportunity to engage with emotions. This article describes and reflects on an interactive workshop that examined the nature, meaning and significance of emotions in clinical legal education. Through a variety of incorporated staged activities, employing the teaching methods of scaffolding as well as backward design, participants explored aspects of the emotional dimensions of the relationships between clinical teachers/supervisors and their students, along with the relationship between students and their clients. Participants extracted ideas for how educators should approach emotions when they surface in legal clinics. This article provides a detailed overview regarding the rationale …

Expanding And Strengthening Legal Clinical Education In Ukraine, Leah Wortham

Scholarly Articles

On June 21, 2017, I submitted a report to USAID Nove Pravosuddya Justice Sector Reform Program (New Justice) titled A Role for Regulations, Standards, Best Practices, and Monitoring in Building Strong Clinical Legal Education Programs. That report centered on an analysis of three documents: (1) the Draft Model Regulation on Legal Clinic of a Higher Educational Institution as posted by the Ukrainian Ministry of Education and Science (MOE) on April 19, 2017; (2) the Standards for Legal Clinics Functioning in Ukraine developed by the Association of Legal Clinics of Ukraine (ALCU) (hereafter Standards); (3) a draft instrument to monitor …

Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke

Catholic University Law Review

This Article presents the results of the first empirical research project to investigate law students’ use of defensive pessimism. Previous researchers have suggested that defensive pessimism may benefit law students academically. Defensive pessimism is a strategy that involves setting low expectations and reflecting extensively on what could go wrong in connection with a future event in order to manage anxiety and improve performance. However, up until now, law students’ use of defensive pessimism has not been empirically studied.

We investigated law students’ use of defensive pessimism. Contrary to the suggestions of other scholars, we did not find statistically significant relationships …

Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles

Scholarly Articles

A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.

This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if the …

Risks And Rewards Of Externships: Exploring Goals And Methods, Leah Wortham, Linda F. Smith, Jeff Giddings

Scholarly Articles

This article grew from a presentation relating externship clinical programs to the theme of the July 2016 International Journal of Clinical Legal Education and Association of Canadian Legal Education conference: The Risks and Rewards of Clinical Legal Education Programmes. Externships or field placement programs involve students placed away from the law school and supervised by a person who is not employed by the law school. Externships offer many potential rewards for students as well as other stakeholders, including especially community institutions. But there are also risks—risks that the externship will be expected to accomplish too much with too few resources …

A Role For Regulations, Standards, Best Practices And Monitoring In Enhancing Quality In Clinical Legal Education Programs, Leah Wortham

Scholarly Articles

This report analyzes and makes recommendations regarding three related documents: the Draft Model Regulation on Legal Clinic of a Higher Educational Institution as posted by the Ukrainian Ministry of Education and Science on April 19, 2017 (hereafter Regulation); the Standards for Legal Clinics Functioning in Ukraine developed by the Association of Legal Clinics of Ukraine (hereafter Standards); and an instrument to monitor law school clinics being developed by the Association (hereafter Monitoring Instrument). The report also makes recommendations about how the Association Legal Clinics of Ukraine (hereafter ALCU or Association) might be strengthened to enhance its impact in building strong …

Law Student Mediators Wear A Triple Crown: Skilled, Sellable, & Successful, Laurie A. Lewis

Scholarly Articles

This Article considers several trends that converge to make it a highly favorable time for law students to obtain mediation training and work as mediators prior to graduating. Part I summarizes a brief history of the modern ADR movement, and mediation's emergence as the ADR methodology of choice. Part II discusses the proliferation of live clinics in law schools, with a special emphasis upon mediation clinics and their role in teaching unique practice-ready skills. Part III focuses on the practicalities of community mediation training as well as state requirements for mediators. Finally, Part IV considers the tight legal job market …

Marketable And Mobile: Ube Recommended, Veryl Victoria Miles

Scholarly Articles

The first administration of the Uniform Bar Examination (UBE) occurred just five years ago in Missouri and North Dakota. At that time, the concept of a bar examination with a test score that was portable among participating jurisdictions was an exciting development for longtime proponents of a uniform bar exam. And while there were only two participating jurisdictions on board in 2011, NCBE was well on its way in making the case for the UBE as an attractive test alternative throughout the nation. Today there are 25 jurisdictions that have adopted the UBE, and by July 2018 all 25 jurisdictions …

The Legal Academy Under Erasure, Richard E. Redding

Catholic University Law Review

We hear much about the “crisis” in legal education: steep declines in law school enrollments and graduates unprepared for practice who cannot find jobs. Proposals to address the crisis enjoy wide support and are poised to dramatically change the landscape of legal education. These reforms are harmful to law students and the legal profession, placing the legal academy “under erasure,” as Jacques Derrida would say. They erase the academic nature of law school by: (1) reorienting it from an academically-grounded legal education towards vocational training, (2) requiring just two years of study for the J.D. degree, (3) allowing graduates of …

A Timeline Of The History Of The Catholic University Of America School Of Law, Frances M. Brillantine

Miscellaneous Historical Documents

A timeline of the Law School's history from 1887 until 2015.

Beyond Curricular Tinkering: Real Reform Of Legal Education (Broadly Considered), J.P. "Sandy" Ogilvy

Scholarly Articles

We are familiar with the reports documenting the downturn in legal employment of new law graduates and the downturn in recent years both in the number of students sitting for the Law School Admission Test (LSAT) and the number of students applying to and being admitted to law school. The National Association for Law Placement (NALP) has reported that the overall employment rate for new law school graduates has fallen for five years in a row since 2008. The twenty-four-year high point was 2007, when 91.9% of new graduates had some form of employment nine months after graduation. Of these …

William Pincus: A Life In Service – Government, Philanthropy And Legal Education, J.P. "Sandy" Ogilvy

Scholarly Articles

This article memorializes the life and accomplishments of William “Bill” Pincus. The article brings the reader through Mr. Pincus’s career accomplishments, from his humble beginnings in New York City, to his impressive career in civil service, culminating in his work with the Ford Foundation and the Council on Legal Education for Professional Responsibility (CLEPR), where he spearheaded reforms in legal education. Mr. Pincus’s efforts were critical in establishing clinical legal education, drawing from his experiences both in law and government. Much of this article is derived from interviews of Mr. Pincus, conducted by the author, and provides an unprecedented insight …

Guidelines For The Self Evaluation Of Legal Education Clinics And Clinical Programs, J.P. "Sandy" Ogilvy

Scholarly Articles

This volume is an effort to present a comprehensive set of guidelines for the self-evaluation of legal clinics and programs. The last time that guidelines were developed for legal clinics was in 1980 when a joint AALS and ABA Committee on Guidelines for Clinical Legal Education published its Guidelines for Clinical Legal Education. The present guidelines trace their lineage to the efforts of a group of clinicians working under the auspices of the CLEA-AALS Section on Clinical Legal Education Joint Task Force on Clinical Standards, which was formed in 1995 and was active for several years. These guidelines also draw …

Narrowing The Gap Between Rights And Resources: Finding A Role For Law Students In Court-Annexed Resource Centers, Faith Mullen

Scholarly Articles

This article relates the experience of law students from The Catholic University of America providing assistance in the Small Claims Resource Center during the past eight years. During this time, the District of Columbia Bar Pro Bono Program has played a pivotal role in the development and the ongoing success of court-annexed resource centers in the District of Columbia. They have recruited law firms and legal services providers (including law school clinics) to staff the resource centers, sought changes in the rules of professional responsibility, and developed intake forms and model pleadings. Their steady oversight, provided by knowledgeable and resourceful …

On "Unease" And "Idealism": Reflections On Pope Benedict Xvi's Educating Young People In Justice And Peace And Its Message For Law Teachers, Lucia A. Silecchia

Scholarly Articles

Pope Benedict XVI recently wrote about the challenges facing those who have the responsibility for the education of the next generation. His insights, expressed last year, were addressed not simply to a Catholic audience but to all who look to the future and see the obligation to train young people "in justice and peace" to be a noble vocation and one solution to some of the difficulties that face the modern world. Although it was not directed to, or intended primarily for, law professors, the document has much to say to those whose vocation lies in legal education. This essay …

Beyond Langdell: Innovation In Legal Education, Beverly Peterson Jennison

Catholic University Law Review

No abstract provided.

The Fun Of Teaching American Legal History, Geoffrey R. Watson

Scholarly Articles

I teach a pair of two-credit legal history courses: History of Early American Law and History of Modern American Law. I teach a variety of other courses, but none is more fun to teach than legal history.

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Faith Mullen

Scholarly Articles

This project is part of Professor Mullen's larger Bellow Scholars research agenda, which concerns access-to-justice issues at the OAH more generally. This project tried to ascertain whether self-represented parties (both employees3 and employers) in unemployment insurance (UI) appeals perceive a need for more legal assistance. For three weeks in November of 2009, law students from The Catholic University of America administered a survey that asked self-represented parties in UI appeals whether, based on their experiences in the hearing, they perceived a need for more legal assistance and whether there were aspects of the hearings that they found particularly challenging. Initially …

First-Year Law Faculty Are Uniquely Poised To Mentor Stellar Students For Elbow Employment With Judges, Laurie A. Lewis

Scholarly Articles

Judicial clerkships are in high demand for new law graduates. In this tight job market, applicants must possess outstanding applications. Applicants must be not only practice-ready, but also clerkship-ready. They must be people-oriented, with superb oral communication skills. They must be outstanding researchers and writers. And they must have a passion for discovering truth and promoting justice.

Students should embark on a clerkship-ready path during their first year of law school. First-year faculty members are uniquely poised to identify students with skills and traits inherent to successful clerks. Such students demonstrate intellectual excellence, superior work habits, and an ability to …

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Karn, Margaret E. Johnson, Catherine F. Klein, Lisa Vollendorf Martin

Scholarly Articles

There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering.

The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …

Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu

Scholarly Articles

Sudeb Basu (J.D., Catholic University, 2011) and Professor J.P. “Sandy” Ogilvy (Catholic University) report on the results of a 2007-2009 national survey of externship programs at American law schools and compare many of the data points to previous surveys of externship programs, the 2007-2008 CSALE survey, and some ABA/LSAC data, to chart the growth and increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include limits on the number of externship credits or externship courses, student involvement in externships, the distribution of credits awarded for externship courses, the average number of hours of …

Autonomy-Mastery-Purpose: Structuring Clinical Courses To Enhance These Critical Goals, Leah Wortham, Catherine F. Klein, Beryl Blaustone

Scholarly Articles

Part I describes the difference in extrinsic and intrinsic motivation and reviews the negative effects of business and educational models assuming extrinsic motivation to be most effective rather than seeking to stimulate intrinsic motivation. Part II describes the Carnegie Foundation's Preparation for the Professions project's call for law schools to focus on law students' sense of identity and purpose as part of their professional education, as well as noting the similar goal that students learn "how to be" as articulated by the Tuning Project of the Bologna process regarding higher education in Europe. Part III provides basics on the theory …

Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator

Catholic University Law Review

No abstract provided.

Electronic Discovery And Sanctions For Spoliation: Perspectives From The Classroom, Robert A. Weninger

Catholic University Law Review

No abstract provided.

Crucible Of Talent: 60 Years Of The Catholic University Law Review, Ralph J. Rohner

Miscellaneous Historical Documents

An article appearing in the Winter 2011 CUA Lawyer celebrating the achievements of the Catholic University Law Review over the past 60 years,