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Articles 1 - 30 of 121
Full-Text Articles in Law
Why Equity Follows The Law, Adam J. Macleod
Why Equity Follows The Law, Adam J. Macleod
Faculty Articles
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …
40 More Writing Hacks For Appellate Attorneys, Brian C. Potts
40 More Writing Hacks For Appellate Attorneys, Brian C. Potts
Faculty Articles
Script for Trailer: “40 More Writing Hacks for Appellate Attorneys”
Fade in on aerial view of Washington, D.C.
Zoom in on Supreme Court Building. Chopper sounds. Enter helicopter fleet flying by.
Cut to Chief Justice John G. Roberts, Jr., sitting at his desk, reading. He rubs his forehead. Tired. Anxious. Distraught.
Chief: “What a mess! This brief could have been 10 pages shorter!”
Phone rings. Chief answers on speaker.
Law clerk’s voice through phone: “Chief, turn to Appellee’s brief. You’ve got to see this!”
Chief picks up different brief. Flips it open. Zoom in on face. Eyes widen. Jaw drops. …
Dinner With Andre: A Personal Tribute To Andre Hampton, David Dittfurth
Dinner With Andre: A Personal Tribute To Andre Hampton, David Dittfurth
Faculty Articles
A tribute to long-time St. Mary's University School of Law professor Andre Hampton upon his retirement.
The Scholar: Twenty-Five Years Of Change, Catherine Casiano
The Scholar: Twenty-Five Years Of Change, Catherine Casiano
Faculty Articles
Catherine Casiano, the Assistant Dean of Admissions at St. Mary's University School of Law, a former staff writer and editor for The Scholar, reflects on the journal's twenty-fifth anniversary and evolution.
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
Faculty Articles
As a native Texan who attended intentionally segregated Texas public schools, then an effectively segregated Texas public law school, litigated many cases against discrimination in Texas education, and now teaches Texas education law, I have what I think to be informed opinions on where we have been, where we are going, and what we should do next. I will briefly describe our sad history of discrimination in segregation, school finance, testing, higher education, and lack of responsiveness to newer issues in education at all levels. I will then summarize some of our ongoing challenges and some possible approaches that I …
The Lawyer As Dream Enabler, Gerald S. Reamey
The Lawyer As Dream Enabler, Gerald S. Reamey
Faculty Articles
In law school and in law practice, the power of preparation is reinforced. Generations of law students have heard me extol the virtue of preparation above all others. While it is true, even the best preparation will never beat luck; luck is fickle and not subject to our control. On the other hand, we totally control the amount and quality of the preparation we put into any project. I discovered preparation is more important than good looks, nice clothes, a shiny leather briefcase, eloquence, experience, or even intelligence.
A Tribute To Gerald S. "Geary" Reamey, Michael Ariens
A Tribute To Gerald S. "Geary" Reamey, Michael Ariens
Faculty Articles
Geary Reamey began teaching at St. Mary's University School of Law in the Fall 1982 semester. He will have taught for forty-one years at St. Mary's when he retires in May 2023. Geary is known throughout Texas for his work, both as a speaker and as a writer, educating lawyers and judges about Texas criminal law and procedure. He is known among St. Mary's Law alumni for creating and operating, along with the late John Schmolesky, a vibrant criminal law and procedure curriculum, including the first-year Criminal Law course.
The End Of The Golden Age Of American Legal Education: My Year As Interim Dean, Vincent R. Johnson
The End Of The Golden Age Of American Legal Education: My Year As Interim Dean, Vincent R. Johnson
Faculty Articles
This article is part of the story of my year as interim dean. The year began without a sign of trouble anywhere on the horizon and ended with an empty campus, cancellation of traditional law school events, face masks and social distancing requirements, uncertainty about whether new law graduates would be able to take the bar exam, and furloughs and layoffs of law school personnel. As my year drew to a close, dozens of American law school deans were meeting online every Friday to share information about how to cope with the challenges of the Covid-19 Pandemic and the uncertainties …
Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh
Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh
Faculty Articles
The year 2020 was challenging for the bar exam. The longstanding argument that the bar exam is not a fair measure of the minimum competence of someone to practice law was cast into harsh relief and the truth-that the bar exam tests the privilege of its examinees-became startlingly apparent. Not only did 2020 kick off with a devastating global pandemic, but we also saw the rage against systemic racial injustice reach a boiling point just as we were charged with staying in our homes to avoid contracting COVID-19. With a pandemic raging, overt White supremacy on the rise, and racial …
Collective Wisdom: When To Impeach With An Inconsistent Statement, A. J. Bellido De Luna
Collective Wisdom: When To Impeach With An Inconsistent Statement, A. J. Bellido De Luna
Faculty Articles
The recognition of multiple goals of cross-examination is nothing new. Despite early emphasis on cross-examination as being needed to expose “mendacity,” Dean Wigmore viewed cross-examination as the essence of the trial and truth-seeking process in the United States. He viewed it as capable of serving two ends: proving untruths and completing the story by eliciting facts that “remained suppressed or undeveloped” on direct examination, including “the remaining and qualifying circumstances of the subject of testimony, as known to the witness.” Precisely because of the presence of dual objectives, timing is everything. Said differently, assume a witness has information useful to …
Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender
Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender
Faculty Articles
No abstract provided.
Texas Supreme Court’S Failure To Offer Alternative Licensure Option Unnecessarily Hinders Our State’S Future Lawyers, Michael Ariens
Texas Supreme Court’S Failure To Offer Alternative Licensure Option Unnecessarily Hinders Our State’S Future Lawyers, Michael Ariens
Faculty Articles
No abstract provided.
Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf
Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf
Faculty Articles
Law schools justifiably seek to enroll a diverse student body in order to enrich the academic experience and environment, and to provide attorneys who will serve all segments of our society. American law schools enjoy the constitutional right to maintain such diversity. Indeed, accreditation standards promulgated by the American Bar Association ("ABA") require it. The Association of American Law Schools carries a similar mandate.
In seeking to create a diverse student body, law schools offer applicants the opportunity to identify their backgrounds. There generally is no "diversity police" checking on the accuracy of the self-identification as a member of a …
Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard
Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard
Faculty Articles
Half a century ago, a handful of dedicated St. Mary's law students and faculty begat a premiere experience in legal education, the St. Mary's Law Journal. As the Journal marks its 50th anniversary, it continues to represent the diligence, imagination, practicality, and sheer effort of our faculty and students,
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Faculty Articles
The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested, the rights cannot be taken away or retrospectively altered. Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …
Using The Terms Integrative And Distributive Bargaining In The Classroom: Time For Change, Rishi Batra
Using The Terms Integrative And Distributive Bargaining In The Classroom: Time For Change, Rishi Batra
Faculty Articles
The terms "integrative bargaining" and "distributive bargaining" have been with us in the dispute resolution literature since at least the 1960s, when A Behavioral Theory of Labor Negotiations was first published in 1965 by Richard Walton and Robert McKersie. While the terms were popularized by these two authors, the authors themselves acknowledged the long line of predecessors, including Mary Parker Follett, who led them to promote these categories. Since that time, "integrative" and "distributive" have been with us and have captured the imagination of scholars, trainers, and practitioners while remaining popular in the dispute resolution literature today. Despite the proliferation …
State Bar Efforts To Deny Accreditation To Faith-Based Cle Ethics Programs Sponsored By Religiously Affiliated Law Schools, Bill Piatt
Faculty Articles
Religiously affiliated law schools focus on the integration of faith in the formation of future attorneys and leaders. Yet our students are only our students for three years. We can extend our influence and continue to provide a faith-based perspective to them and to other attorneys during the thirty, forty, or more years of their careers by offering continuing legal education (CLE) courses, which bring attorneys and judges together to provide a model for incorporating faith and morality into our professional roles. However, CLE programs must receive accreditation by state authorities if participants are to receive credit for them. Recently, …
Work Drive Matters: An Assessment Of The Relationship Between Law Students’ Work-Related Preferences And Academic Performance, Jeffrey Minneti
Work Drive Matters: An Assessment Of The Relationship Between Law Students’ Work-Related Preferences And Academic Performance, Jeffrey Minneti
Faculty Articles
This article explores the dimensions of law students' schoolwork-related preferences and discusses an empirical assessment of those preferences. The assessment revealed two findings: (1) a positive correlation between students' schoolwork-related preferences and their first-year law school cumulative grade point average (LGPA); and (2) students' schoolwork-related preferences significantly enhanced the predictive power of the traditional law school success predictors, law students' LSAT performance and their undergraduate cumulative grade point average (UGPA). During spring 2014, 215 law students responded to a survey that included questions from the Multidimensional Work Ethic Profile (MWEP) and Work Drive Inventory. Analysis of the responses indicated that …
Toward A Clinical Pedagogy Of Externship, Elizabeth Ford
Toward A Clinical Pedagogy Of Externship, Elizabeth Ford
Faculty Articles
Externships offer a tantalizing experiential option for law schools. Students are hungry for the real-world experience, the networking potential, and the chance to take the skills they have learned in the classroom to the next level. Administrators love externships because of their high enrollment, low cost nature: externships leverage small amounts of resources from hundreds of outside organizations. Faculty appreciate these programs because they provide students with context and skills, inspire them in the doctrinal classroom, and require little diversion of resources from the more traditional faculty ranks. However, the danger of grasping too tightly to externships as the experiential …
Applied Legal Storytelling: A Bibliography, Christopher Rideout
Applied Legal Storytelling: A Bibliography, Christopher Rideout
Faculty Articles
This article contains a bibliography on the movement known as Applied Legal Storytelling. Those who are interested in Applied Legal Storytelling examine the use of stories—and of storytelling or narrative elements—in law practice, in law school pedagogy, and within the law generally. The Applied Legal Storytelling movement is largely associated with a series of biennial academic conferences that began in 2007, and the majority of the entries in this bibliography originated with presentations at one of those conferences. But the bibliography also acknowledges a number of articles that pre-date 2007 and that could be called precursors. The bibliography first lists …
Internprofessional Education, Patricia E. Roberts
Internprofessional Education, Patricia E. Roberts
Faculty Articles
As legal educators consider how to improve the outcomes of legal education, maximizing the knowledge, skills, and values taught during the law school experience, consideration should be given to increasing interprofessional learning opportunities in the curricula. As Best Practices for Legal Education suggested, the creative thinking necessary for effective problem-solving includes an understanding of interprofessional dimensions of practice, but interprofessional opportunities are still the exception rather than the norm in legal education. Interprofessional legal education intentionally asks law students to blend the knowledge, skills, and values of two or more professions in order to address complex legal problems. Placing students …
A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer
A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer
Faculty Articles
The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …
Presumed Incompetent: Continuing The Conversation, Carmen Gonzalez, Angela P. Harris
Presumed Incompetent: Continuing The Conversation, Carmen Gonzalez, Angela P. Harris
Faculty Articles
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …
Challenged X 3: The Stories Of Women Of Color Who Teach Legal Writing, Lorraine Bannai
Challenged X 3: The Stories Of Women Of Color Who Teach Legal Writing, Lorraine Bannai
Faculty Articles
Much of what has been written concerning the experience of women of color in the legal academy has focused on tenured or tenure-track women of color who teach doctrinal courses. I speak from a somewhat different place-as a woman of color who teaches Legal Writing and who, like most faculty who teach Legal Writing, is untenured. Of course, I nod my head with recognition as I read the stories shared by tenured or tenure-track women of color who teach 2 doctrinal courses, including challenges they face from students and colleagues. At the same time, I also know (1) that untenured …
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
Faculty Articles
Lawyers in the United States work in public service, private counseling, and dispute resolution, but many also work outside of traditional legal practice. The million-member American bar, second largest in the world, grows more diverse by gender, and ethnicity and older on average. All members of this learned profession must qualify by education or examination and by proof of good character and fitness before taking an oath to serve as an attorney. Thence, there are few limitations on the form of legal practice, though many law firms require an associateship before an attorney becomes an owner of the firm. Economic …
Engaging First-Year Students Through Pro Bono Collaborations In Legal Writing, Mary Bowman
Engaging First-Year Students Through Pro Bono Collaborations In Legal Writing, Mary Bowman
Faculty Articles
This article recommends developing assignments for first-year legal writing courses through collaborations with legal services organizations. The article stems from and describes such ongoing projects at Seattle University School of Law, where several hundred first-year law students have worked on such projects so far. We have partnered with lawyers at organizations like the National Employment Law Project, the ACLU of Washington, and Northwest Justice Project to come up with live issues that they would like to have researched, and they received the best student work product from each class. The partner organizations have used the students’ work in several ways, …
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman
Faculty Articles
The clinical and legal writing faculty at the Seattle University School of Law are experimenting with collaborative teaching projects that bring real clients and real legal problems into the first year curriculum. These “integrated skills projects” engage first year students with legal writing faculty, clinical faculty, and public interest work. These projects provide first year students with exceptional training in practical skills, generate remarkable student satisfaction, and re-ignite student passion for the practice of law. This essay (1) introduces a “continuum” of integrated legal skills projects, featuring applied examples of activities that range from discrete to more ambitious; (2) surveys …
Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno
Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno
Faculty Articles
The transcription of 2013 Chapman Law Review Symposium: “The Future of Law, Business, and Legal Education: How to Prepare Students to Meet Corporate Needs”. Professor Rankin, along with James E. Moliterno, R. Michael Cassidy, and Susan B. Myers, answer the first panel question, "Can law schools prepare to students to be practice ready?" Professor Rankin discusses the importance of innovations in legal education, and explains how she is actually changing the first year to focus on real-client and real-world experiences. She explains the innovations taking place at Seattle University in her first year lawyering skills classes, where her first-year students …
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman
Faculty Articles
Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …
Postscript To A Deanship, Annette E. Clark
Postscript To A Deanship, Annette E. Clark
Faculty Articles
The author reflects on her experiences as the dean of the Saint Louis University School of Law and tries to discern lessons that might be useful to other deans.