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Full-Text Articles in Law

The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem Oct 2005

The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem

Faculty Publications

At some point in their deanships, most law school deans will host a sabbatical site inspection of their law school by the American Bar Association (ABA) and the Association of American Law Schools (AALS). Virtually all deans also will have the opportunity to serve as a representative of the ABA or AALS on a team inspecting another law school. In this article I will discuss these site visits from the dean's perspective.


Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond Oct 2005

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond

Faculty Publications

The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.


Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes Jan 2005

Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes

Faculty Publications

The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …


Tim, R. Lawrence Dessem Oct 2004

Tim, R. Lawrence Dessem

Faculty Publications

There comes a time when every law school dean questions just why she or he has chosen to serve as dean. Deans experience both very high highs and very low lows. The dean often sees faculty, staff, and students at their best but just as often sees these same individuals at their worst. Regardless of the mix of highs to lows in any deanship, decanal service--if taken seriously-- demands a tremendous commitment of time and energy. Thus the question is posed: Why devote such a significant portion of one's professional time to such service?


A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii Oct 2004

A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii

Faculty Publications

The costs and benefits of some architectural choices are immediately obvious, as in the case of disability accommodations. But other choices are less obvious, even when one does not attempt to predict how a design will function thirty or forty years hence. This is why having a skilled design team involved in developing the plan and executing it is so important.


Damages As Narrative, Melody Richardson Daily Jan 2004

Damages As Narrative, Melody Richardson Daily

Faculty Publications

The traditional approach to legal instruction in America-the casebook method-requires students to read hundreds of appellate decisions, most of which include equally terse accounts of human suffering. How might this pedagogical approach affect future lawyers? Can reading a book like Damages help law students develop the ability to empathize with their clients?


Damages: Using A Case Study To Teach Law, Dispute Resolution, And Lawyering , Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin Jan 2004

Damages: Using A Case Study To Teach Law, Dispute Resolution, And Lawyering , Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin

Faculty Publications

Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based on his …


Ten Things Deans Can Do With Students, R. Lawrence Dessem Oct 2003

Ten Things Deans Can Do With Students, R. Lawrence Dessem

Faculty Publications

A healthy relationship with students is beneficial to one's deanship, law school, and to the dean herself. An experienced provost once told me that serving as dean was the best job that he had ever had because he still had significant contact with students. Deans should take advantage of the possibilities for student interactions that their deanships afford them. What follows is my “top ten list” of ways in which deans can build a positive relationship with their students.


U.S. News U.: Or, The Fighting Volunteer Hurricanes, R. Lawrence Dessem Oct 2002

U.S. News U.: Or, The Fighting Volunteer Hurricanes, R. Lawrence Dessem

Faculty Publications

A great deal of controversy, catcalling, and consternation has greeted the rankings of law schools by U.S. News and World Report each spring. In their efforts to place higher in these rankings, law schools have engaged in massive public relations wars, misrepresented data, and done other bad and stupid things.


Unsolicited Advice To Law School Dean Search Committees, R. Lawrence Dessem Oct 2002

Unsolicited Advice To Law School Dean Search Committees, R. Lawrence Dessem

Faculty Publications

A true bounty of opinion, anecdotes, and advice has been offered by many outstanding deans in these symposia in recent years. By and large, these deans have focused on the art of deaning, which is to be expected. But in addition to their experiences and observations concerning deaning, law school deans are also uniquely situated to provide insights concerning a related topic: the dean search process. This I take as the subject of the current article. As these symposia contemplate, the present article is informal in tone and is based upon my own experiences both as a law school dean …


Imagine: A Comment On "A Liberal Education In Law", Melody Richardson Daily Jan 2002

Imagine: A Comment On "A Liberal Education In Law", Melody Richardson Daily

Faculty Publications

While I was impressed with Professor Parker's paper for many reasons, to me her single most striking assertion is this: "Practicing law--and learning law-is at heart an imaginative enterprise."' It is a sentence that should be carved above the entrance to every law school. Few practicing attorneys would disagree with Professor Parker's observation. After all, if imagination is the ability to deal creatively with reality, then imagination is essential for each of the ten fundamental lawyering skills listed in the MacCrate Report. For example, no lawyer can succeed in problem-solving without first engaging in the process of imagining multiple possible …


Top Ten Reasons To Be A Law School Dean, R. Lawrence Dessem Oct 2001

Top Ten Reasons To Be A Law School Dean, R. Lawrence Dessem

Faculty Publications

Serving as a law school dean can be tough duty. Many people, particularly law school faculty members, have asked over the years why anyone would ever take such a position. This question is particularly relevant because the likely alternative for most deans is service as a full-time professor on a law school faculty-which is, without a doubt, one of the world's truly great jobs..


A Form Letter From The Dean, R. Lawrence Dessem Oct 2000

A Form Letter From The Dean, R. Lawrence Dessem

Faculty Publications

A few years ago, in “A Form Letter to the Dean,” I offered the Journal's readers a template form letter which law school faculty could use to communicate with their deans. In the aftermath of that article's publication, I received letters, phone calls, and small explosive devices indicating that, mirabile dictu, a few people had actually read the article. Because I had never before had such a response to any of what I rather loosely refer to as my scholarship, I was encouraged to write a sequel. Hence the present piece. My current form letter is inspired by the annual …


A Primer For The First-Time Law Dean Candidate, Robert H. Jerry Ii Dec 1999

A Primer For The First-Time Law Dean Candidate, Robert H. Jerry Ii

Faculty Publications

This article identifies fourteen principles of which the first-time dean candidate should be mindful. The prescriptions are aspirational in nature, and the article suggests the reader engage in some introspection about which of the fourteen items are most applicable on a personal level.


(Seven Principles For Good Practice In Legal Education): Principle 5: Good Practice Emphasizes Time On Task, R. Lawrence Dessem Oct 1999

(Seven Principles For Good Practice In Legal Education): Principle 5: Good Practice Emphasizes Time On Task, R. Lawrence Dessem

Faculty Publications

Time plus energy equals learning. Efficient time-management skills are critical for students and professors alike. Allocating realistic amounts of time means effective learning for students and effective teaching for faculty. How an institution defines time expectations for students, faculty, administrators, and other professional staff can establish the basis for high performance for all. The fifth principle for good practice in undergraduate education is almost a truism: good practice emphasizes time on task. In their original statement of the seven principles, Arthur W. Chickering and Zelda F. Gamson expressed this as a mathematical formula: “Time plus energy equals learning.” Time on …


Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff Oct 1999

Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff

Faculty Publications

Romanians eat our Big Macs, wolf down pizza slices at Pizza Hut, and guzzle Coca-Cola. They wear baseball caps, Nike clothing, and tennis shoes. They listen to American rap and pop music, see American movies with Romanian subtitles, and watch all of our old television shows. Romanians of all ages, but especially the young, hunger and thirst for all things Western, particularly from the United States. Doesn't it follow, then, that Romanian law schools ought to have - and, indeed, Romanian law professors would want - that symbol of an innovative, modern American law school curriculum: a live client clinical …


Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington Sep 1997

Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington

Faculty Publications

We recall a summer of contentment when American law was suffused with optimism, a season ending a long winter of despair and disorder. For the first fifteen years of this century, many (and perhaps most) American lawyers were filled with confidence that America had healed the wounds of civil war and was healing those of class struggle. We could, and we would, overcome all obstacles to peace and prosperity, not only for our people but for all mankind. This, it was widely believed, would be our century. As early as 1879 Daniel Coit Gilman, the premier educator of his time, …


A Form Letter To The Dean, R. Lawrence Dessem Apr 1997

A Form Letter To The Dean, R. Lawrence Dessem

Faculty Publications

Even though modern word processing and electronic mail greatly facilitate communication, one still must compose the basic letter, memorandum, or electronic message. In an effort to cut down on the time and intellectual intensity of this endeavor, I offer the following suggested form letter to the dean. This format may be used within basic word processing packages or for creating e-mail messages. All you need do is choose the most appropriate insertions for your basic message, and the message will be electronically created.


Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan Jan 1997

Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan

Faculty Publications

Most legal educators reject the premise that the primary mission of the law school is to train law students to practice law. Rather, most law professors claim that their primary function is to teach students to think like lawyers. To many commentators, however, the academic community's antipractice attitude has spawned an unhealthy dichotomy between theory and practice, a division within the academic community, and a chasm between law schools and the practicing bar. Moreover, this dissonance or gap between law school and practice significantly contributes to the fact that most law graduates are substantially unprepared to function as lawyers when …


The Revolving Door Part I: A Federal Prosecutor Returns To School, Frank O. Bowman Iii Apr 1996

The Revolving Door Part I: A Federal Prosecutor Returns To School, Frank O. Bowman Iii

Faculty Publications

Law teaching is hard work. To my trial lawyer friends who expressed envy at the easy life I must be enjoying, I often said they should imagine having to prepare and present five or six oral arguments a week, every week, for months on end. To the novice teacher presenting several courses for the first time, the task often feels just that daunting. As practicing lawyers, we flatter ourselves that we are "experts" in our fields, and thus that it would be a simple matter to step over to the local law school and, with minimal preparation, unburden ourselves of …


The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff Oct 1995

The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff

Faculty Publications

In the first issue of the Clinical Law Review, Peter Hoffman challenged clinical legal educators to produce clinical scholarship that is “practical in its orientation and design” and written so as to enhance the ability of lawyers to represent their clients and to help law students prepare for law practice. This article takes up Hoffman's challenge in the context of examining the skill of negotiating or plea bargaining from the perspective of the criminal defense lawyer. Before discussing the methods, approach or techniques that lawyers can use to enhance their ability to bargain effectively, it is critical to understand what …


All We Really Need To Know About Teaching We Learned In Kindergarten, R. Lawrence Dessem Jul 1995

All We Really Need To Know About Teaching We Learned In Kindergarten, R. Lawrence Dessem

Faculty Publications

Being asked to talk recently about teaching to non-law school professors caused me to think about some of the successful techniques I have used or seen used in law school teaching. I was concerned, though, that these techniques might not be transferrable to other teachers in other settings. However, the more I thought about it the more I realized that the techniques we use in teaching law students are comparable to, if not identical with, techniques used by any successful teacher. These are the same techniques we all have seen utilized by our best teachers over our many years of …


Missouri Law Review Fellows Program Inaugurated, Dale A. Whitman Jan 1987

Missouri Law Review Fellows Program Inaugurated, Dale A. Whitman

Faculty Publications

The Missouri Law Review has a distinguished history of service to the legal profession and the academic community. First published more than fifty years ago, the Review has printed many articles and student notes which have served to improve the administration of justice, while at the same time providing hundreds of second- and third-year law students with a uniquely valuable experience in legal analysis, scholarship, and editing. Membership on the Review has become an important credential, reflecting credit on the student members and enhancing their attractiveness to law firms seeking associates and judges seeking clerks.


The Design Of Videotape Systems For Legal Education, Dale A. Whitman, Gerald R. Williams Jan 1975

The Design Of Videotape Systems For Legal Education, Dale A. Whitman, Gerald R. Williams

Faculty Publications

Over the past 20 years in which videotape technology has been commercially available, considerable literature has offered encouragement and advice concerning its general educational applications. More recently, a developing body of literature, materials, and practices has brought videotape to the attention of legal educators. One of the chief impediments to realization of the full potential of videotape in legal education, however, is the lack of an adequate description of the necessary facilities and electronic equipment. This comment will discuss the basic uses of videotape in legal education and the physical facilities and equipment (including types, arrangement, and costs) that might …