Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (37)
- Touro University Jacob D. Fuchsberg Law Center (10)
- Cleveland State University (4)
- Schulich School of Law, Dalhousie University (3)
- Villanova University Charles Widger School of Law (3)
-
- University of Maine School of Law (2)
- University of Massachusetts School of Law (2)
- University of Miami Law School (2)
- New York Law School (1)
- Osgoode Hall Law School of York University (1)
- Pepperdine University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- University of the District of Columbia School of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Michigan Law Review (23)
- University of Michigan Journal of Law Reform (11)
- Touro Law Review (8)
- Cleveland State Law Review (4)
- Dalhousie Law Journal (3)
-
- Villanova Law Review (3)
- Journal of Experiential Learning (2)
- Maine Law Review (2)
- University of Massachusetts Law Review (2)
- University of Miami Law Review (2)
- University of Michigan Journal of Law Reform Caveat (2)
- Catholic University Law Review (1)
- Maryland Series in Contemporary Asian Studies (1)
- Michigan Journal of Race and Law (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- Osgoode Hall Law Journal (1)
- Pepperdine Law Review (1)
- University of Richmond Law Review (1)
- University of the District of Columbia Law Review (1)
- William & Mary Law Review (1)
Articles 31 - 60 of 72
Full-Text Articles in Law
Interpersonal Dynamics: Helping Lawyers Learn The Skills, And The Importance, Of Human Relationships In The Practice Of Law, Joshua D. Rosenberg
Interpersonal Dynamics: Helping Lawyers Learn The Skills, And The Importance, Of Human Relationships In The Practice Of Law, Joshua D. Rosenberg
University of Miami Law Review
No abstract provided.
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills
NYLS Law Review
No abstract provided.
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Michigan Journal of Race and Law
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
Specialist Certification For Lawyers: What Is Going On?, Judith Kilpatrick
Specialist Certification For Lawyers: What Is Going On?, Judith Kilpatrick
University of Miami Law Review
No abstract provided.
Making Elite Lawyers: Visions Of Law At Harvard And Beyond, Daniel A. Cohen
Making Elite Lawyers: Visions Of Law At Harvard And Beyond, Daniel A. Cohen
Michigan Law Review
A Review of Making Elite Lawyers: Visions of Law at Harvard and Beyond by Robert Granfield
Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa
Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa
Maryland Series in Contemporary Asian Studies
No abstract provided.
Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds
Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds
Michigan Law Review
Judge Edwards divides his analysis of the cause of the crisis in ethical lawyering into an overview and three parts. The overview and first two parts deal mainly with the role of law schools and legal curriculum in what he views as the deterioration of responsible, capable practitioners. This article takes issue with some of the assumptions, analyses, and conclusions those sections contain. The third part of Edwards' article analyzes the role of law firms in causing that same deterioration. This article agrees with and will elaborate upon that part of Edwards' treatment.
We approach Judge Edwards' article, we hope, …
Plus Ҫa Change, Paul Brest
Plus Ҫa Change, Paul Brest
Michigan Law Review
Harry Edwards and I both finished law school in 1965, and his article presents an occasion to consider how much the legal academy has changed during the intervening years. Animating Judge Edwards' complaints about the contemporary legal academy is a nostalgia for happier days. His images are of decline - of a growing disjunction between the academy and practice, of law schools' abandoning their proper missions, of their movement toward pure theory. My own view is quite different. Except for some noteworthy demographic transformations and a healthy broadening of the academic agenda, legal education has changed little during these almost …
Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson
Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson
Michigan Law Review
I can summarize my response as follows: Although Judge Edwards' article certainly seems to be leveling a heartfelt indictment, it lacks a sufficiently precise bill of particulars to know exactly whom he has accused of doing what. Nor does one know exactly what penalty Judge Edwards would exact from the miscreants. Unless he supplies such a bill, his indictment should be dismissed, though, presumably, without prejudice to its reinstatement should he wish to do the hard work of supplying evidence for the charges he set out.
The Growing Disjunction Between Legal Education And The Legal Profession: A Postscript, Harry T. Edwards
The Growing Disjunction Between Legal Education And The Legal Profession: A Postscript, Harry T. Edwards
Michigan Law Review
In this essay I offer a postscript to "The Growing Disjunction." It is not possible for me to "respond" directly to the other participants in this symposium, because I had no opportunity before publication to read what they have written. I will therefore limit myself to two tasks. First, I will briefly discuss several issues raised in the article. Second, and most important, I wish to share a representative sample of the responses I have received regarding the article. These responses, I think, provide good evidence of the magnitude of the problem that we face.
Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen
Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen
Michigan Law Review
I agree with Judge Edwards that "the lawyer has an ethical obligation to practice public interest law - to represent some poor clients; to advance some causes that he or she believes to be just." I also concur in Judge Edwards' opinion that "[a] person who deploys his or her doctrinal skill without concern for the public interest is merely a good legal technician - not a good lawyer."
Rather than further develop Judge Edwards' theme that lawyers have a professional responsibility to do pro bono work, I will offer another rationale for such work, grounded in professional and individual …
Clerks In The Maze, Pierre Schlag
Clerks In The Maze, Pierre Schlag
Michigan Law Review
It must be very difficult to be a judge - particularly an appellate judge. Not only must appellate judges reconcile often incommensurable visions of what law is, what it commands, or what it strives to achieve, but judges must do this largely alone. What little help they have in terms of actual human contact, apart from their clerks, typically takes the form of two or more advocates whose entire raison d'être is to persuade, coax, and manipulate the judge into reaching a predetermined outcome - one which often instantiates or exemplifies only the most tenuous positive connection to the rhetoric …
Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse
Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse
Michigan Law Review
I share Judge Edwards' concern about the health of legal education and about lawyers as a force in society. I differ, however, in defining the sickness and prescribing the cure, at least when it comes to teaching. In my view, we need to integrate, not to dichotomize and polarize further, the practical and the impractical, the doctrinal and the theoretical. His critique, and my intuitive response to it, challenged me to examine and articulate where we disagree, based on what I have learned in my five years in the classroom and what it is I hope to accomplish in my …
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
Michigan Law Review
The editors have asked me to comment on Judge Edwards' double-barreled blast at legal education and the practice of law. This I am happy to do. It is an important article, stating with refreshing bluntness concerns that are widely felt but have never I think been so forcefully, so arrestingly expressed. Nevertheless I have deep disagreements with it.
A Response From The Visitor From Another Planet, J. Cunyon Gordon
A Response From The Visitor From Another Planet, J. Cunyon Gordon
Michigan Law Review
In order to admit, as I do, that the related planets of practice and academia are conjoined, one has to realize, as I have, that the legacy of the heavily doctrinal education Edwards wants to preserve may be precisely the lawyers he upbraids - lawyers who generally do not live, work, and behave ethically (with fairness, compassion, and creativity) in a complex, heterogeneous society. This recognition in turn compels the conclusion I reach that the outsiders - with their challenges to the status quo's values, their upstart theories and innovative pedagogies, and even their Star Trek-and-the-law scholarship - may help …
Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon
Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon
Michigan Law Review
The Judge seems to be arguing that both teachers and firm lawyers have been seduced from their real vocation by the fatal attraction of neighboring cultures: the practitioners by the commercial culture of their business clients, the academics by the disciplinary paradigms and prestige of theory in the rest of the university. The "deserted middle ground" is the ground of professional practice - practical, yet also public-minded. Perhaps without straining his thesis too far we could ascribe to Judge Edwards a "republican" view of the legal profession, in which legal scholars, practitioners, judges, legislators, and administrators - despite their separate …
The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak
The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak
Michigan Law Review
With characteristic vigor, Judge Harry Edwards, in his essay The Growing Disjunction Between Legal Education and the Legal Profession, has censured the law schools and, secondarily, the bar, for what he sees as profoundly disturbing trends pulling academics and practitioners farther and farther apart. Judge Edwards' censure is not proffered off the cuff. He has carefully polled his former law clerks on their perceptions of their law school years and of their postclerkship professional experiences - whether in private practice, in government, or in teaching. In the text and footnotes of his essay, Judge Edwards quotes his law clerks' …
Stewardship, Donald B. Ayer
Stewardship, Donald B. Ayer
Michigan Law Review
While I agree with much that Judge Edwards has proposed, I thus submit that his formulations of the problem are partial - a bit like those of the blind men examining different parts of the elephant. The law's current unhappiness is only partly described as that of law schools and practicing lawyers going in different directions, of law practice becoming too commercial, or of law schools failing to serve the needs of the practicing lawyers and judges with practical teaching and scholarship. All of these observations, while correct as far as they go, miss the root of the problem, which …
Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes
Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes
Michigan Law Review
Perhaps this little piece should be entitled Grace Notes rather than Commentary because I agree with so much of what Judge Edwards had to say in the Michigan Law Review. When I first read his piece, I have to say I was quite skeptical of his methodology, namely, running a survey past a group of former law clerks who, by virtue of their own super achievement, primarily in so-called elite law schools, quite easily could have ethereal points of view. But in typical Edwardsian fashion, the judge made appropriate disclaimers, and the clerks' comments seemed to me, for the most …
The Mind In The Major American Law School, Lee C. Bollinger
The Mind In The Major American Law School, Lee C. Bollinger
Michigan Law Review
Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal …
Law Teachers' Writing, James Boyd White
Law Teachers' Writing, James Boyd White
Michigan Law Review
Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is …
Deconstructing Los Angeles Or A Secret Fax From Magritte Regarding Postliterate Legal Reasoning: A Critique Of Legal Education, C. Garrison Lepow
Deconstructing Los Angeles Or A Secret Fax From Magritte Regarding Postliterate Legal Reasoning: A Critique Of Legal Education, C. Garrison Lepow
University of Michigan Journal of Law Reform
This Article asks readers to imagine the shapes and colors of legal issues; it examines how people communicate and develop ideas through moving, metamorphosing images, especially computer graphics, and why methodology affects the eventual product of thought. Like dance, legal issues are described better through action than through words. Therefore, this Article challenges the principles of verbal reasoning upon which our legal system is based.
The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards
The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards
Michigan Law Review
This article is my response to Professor Priest and all other legal academicians who disdain law teaching as an endeavor in pursuit of professional education. My view is that if law schools continue to stray from their principal mission of professional scholarship and training, the disjunction between legal education and the legal profession will grow and society will be the worse for it. My arguments are quite straightforward, and probably not wholly original. Nevertheless, they surely merit repetition.
Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik
Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik
Dalhousie Law Journal
Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.
Persuasion, Joseph William Singer
Persuasion, Joseph William Singer
Michigan Law Review
Lawyers spend a lot of time attempting to persuade other people. They persuade judges to promulgate rules of law that favor their clients. They persuade their law partners to adopt their interpretation of existing law or to adopt their strategy for litigation. They persuade clients to accept the dictates of the law. They persuade adversaries in settlement negotiations and their clients' business associates in contract negotiations. They persuade legislatures to fund legal services for the poor, to adopt or to reject law reforms.
Law professors spend most of their time teaching - or at least practicing - the art of …
Canadian Criminal Jury Instructions, James P. Taylor
Canadian Criminal Jury Instructions, James P. Taylor
Dalhousie Law Journal
Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.
Finding Yourself In Law School, Joel Jay Finer
Finding Yourself In Law School, Joel Jay Finer
Cleveland State Law Review
Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on. …
Coping With Change: The Lawyer's Role, Wilton S. Sogg
Coping With Change: The Lawyer's Role, Wilton S. Sogg
Cleveland State Law Review
The following articles are the result of an experimental course entitled "Current Problems of Small Business" offered at Cleveland-Marshall College of Law. Primarily for third-year students, the course was designed to provide a practical learning experience in seminar format. The course focused on business issues, but also taught lawyering skills such as interviewing, counseling, negotiating and drafting. Thus, the students were provided a pragmatic learning experience that can be applied to legal practice.
Fairness In Teaching Advocacy, Charles W. Joiner
Fairness In Teaching Advocacy, Charles W. Joiner
University of Michigan Journal of Law Reform
The questions I address are these: Is fairness related to advocacy? Is fairness a concept that law teachers should address in their teaching, in particular in courses involving advocacy? By "courses involving advocacy" I mean courses that teach both law and practice techniques involving the direct protection of the rights of clients, particularly in the courts-for example, civil and criminal procedure and evidence.
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
University of Michigan Journal of Law Reform
In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.