Law Commons^™

Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Changemakers: To Empower And Amplify Lgbtq+ Voices, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Exploring Race And Racism In The Law School Curriculum: An Administrator's View On Adopting An Antiracist Curriculum, Amy Gaudion

Faculty Scholarly Works

This article provides a candid assessment of the demanding, and rewarding, work that is required to put into action the written words of institutional support for implementing an Antiracist curriculum. This article starts by describing the two Penn State Dickinson Law faculty resolutions that committed the faculty to condemn racism and bias against our Black and Brown brothers and sisters, while committing to teach and learn according to Antiracist pedagogy and best practices. It then describes the resolve to become Antiracist teachers, discusses the investments in curricular policy and reform, and details the bureaucratic processes to accomplish the following: adding …

A Black Woman Law Dean Speaks About The Precarity Of Leadership, Danielle M. Conway

Faculty Scholarly Works

No abstract provided.

The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education, Danielle M. Conway

Faculty Scholarly Works

The rightwing is carrying out its most recent effort to install an authoritarian regime in America, which has been boosted by Donald Trump’s white supremacist rhetoric and actions before, during, and after his four years holding the Office of the President of the United States. Resolute in the effort to destabilize American Democracy by forcing on to the populist, among other messages, “The Big Lie,” the rightwing is committed to a coordinated strategy of attacking and delegitimizing democratic institutions for the purpose of retaining economic and political power.

The attack on Critical Race Theory (“CRT”) is one element of the …

Moving Toward A Competency Based Model For Fostering Law Students’ Relational Skills, Susan L. Brooks, Marjorie A. Silver, Sarah Fishel, Kellie Wiltsie

Scholarly Works

Legal education has long been criticized for failing to provide adequate professional training to prepare graduates for legal practice realities. Many sources have lamented the lack of sufficient attention to the range of competencies necessary for law graduates to be effective practitioners and develop a positive professional identity, including those that are intra-personal, such as self-awareness, critical self-reflection, and self-directedness; those that are interpersonal, such as deep and reflective listening, empathy, compassion, cross-cultural communication, and dialogue; and those that engage with the social/systemic dimension of lawyering, such as appreciating the role of multiple identities, implicit bias, privilege and power, and …

Strategies And Techniques For Integrating Diversity, Equity And Inclusion Into The Core Law Curriculum : Comprehensive Guide To Dei Pedagogy, Course Planning, And Classroom Practice, Teri A. Mcmurtry-Chubb

AALL Legal Website of the Month

Professor Teri A. McMurtry-Chubb at the University of Illinois Chicago School of Law has authored a book about the strategies to incorporate diversity, equity, and inclusion (DEI) into classrooms. The focus of this publication is on learning outcomes and assessments, and course planning templates for each course in the core law curriculum, and racial trauma-informed teaching approaches. Each chapter also includes FAQs and discussion questions to work through for the course planning and DEI curricular initiatives to transform the way we think, teach, learn and act such that all experiences and ways of being are handled with fairness and justice.

Courts As Auditors Of Legislation?, Daniel Pi, Giampaolo Frezza, Francesco Parisi

Law Faculty Scholarship

Sources of law vary greatly across geography and human history. Some legal systems identify democratic lawmaking with political deliberation, while others rely on judicial process and judgemade law. This Essay argues that the normative problem of determining a hierarchy of legal sources may be usefully understood in terms of mechanism design, and that legislation and judicial precedent operate complementarily. If the ultimate policy objective is to create legal rules that reflect the "will of the people," judge-made law can function as an audit on the rules promulgated by elected legislatures. The two sources of law, working in conjunction, thereby correct …

Aba Employment Summary Class Of 2022, University Of Tennessee College Of Law

ABA Disclosures

No abstract provided.

Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway

Faculty Scholarly Works

I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …

National Champions!, University Of Georgia School Of Law

Dean's Messages

Dean's message celebrating the University of Georgia School of Law's achievement of having the #1 employment rate in the nation. More than 97% of the Class of 2021 has secured full-time, long-term jobs that require bar passage or where a J.D. provides an advantage.

Roundtable Two: Environmental Law Education: New Techniques In The Classroom And Beyond, Lincoln Davies, Karrigan Bork, Sarah Krakoff

Publications

No abstract provided.

Frederick Douglass And The Hidden Power Of Recording Deeds, Randall K. Johnson

Faculty Works

This Essay answers a single question: What led Frederick Douglass to accept an appointment as the D.C. Recorder of Deeds, especially at the height of his public service career? A possible answer, which is informed by the historical record and more contemporary accounts, is that Douglass accepted such an appointment for three reasons. The first reason is that the D.C. Recorder has been long recognized as an exemplar of fairness, perhaps due to its ministerial obligations, even when there could be no such expectation with respect to how Black folks are treated. The second reason is this office provided Douglass …

New Media Rights' Internet & Media Law Clinic: California Western School Of Law, Art Neill

Faculty Scholarship

This article looks at the critical need for legal services addressing new media rights and the types of cases that benefit from the New Media Rights’ Internet & Media Law Clinic at California Western School of Law (New Media Rights) in San Diego.

This article will discuss New Media Rights in four parts: 1. Why do we have IP, arts, and technology clinics like New Media Rights? 2. What is New Media Rights, and how do we benefit the students and the community? 3. What is the structure and pedagogy of the clinic? 4. What are our hopes looking forward?

Building Fierce Empathy, Binny Miller

Articles in Law Reviews & Other Academic Journals

In this Article I explore the process of building and sustaining empathy with clients in the context of representing juvenile lifers-- people convicted of serious crimes as children and sentenced to life or sentences that ensure that they spend most of their lives in prison--in a law school clinic. Before turning to my own lawyering experiences and those of my clinic students, I ground the discussion of empathy in the competing theories of Charles Ogletree and Abbe Smith about the value of empathic lawyering for public defenders. These theories, together with the contributions of other scholars, provide a springboard for …

Calls For Change: Seeing Cancel Culture From A Multi-Level Perspective, Tomar Pierson-Brown

Articles

Transition Design offers a framework and employs an array of tools to engage with complexity. “Cancel culture” is a complex phenomenon that presents an opportunity for administrators in higher education to draw from the Transition Design approach in framing and responding to this trend. Faculty accused of or caught using racist, sexist, or homophobic speech are increasingly met with calls to lose their positions, titles, or other professional opportunities. Such calls for cancellation arise from discreet social networks organized around an identified lack of accountability for social transgressions carried out in the professional school environment. Much of the existing discourse …

Leadership For The Transactional Business Law Student, Joan Macleod Heminway

Scholarly Works

We do not always acknowledge this in legal education, but our students are learning to be leaders, because lawyers are leaders. That is as true of transactional business lawyers as it is of litigators, lawyers who hold political or regulatory appointments, lawyers engaged with compliance, and lawyers in general advisory practices. Yet, most law schools do little, if anything, to teach law students about leadership, or allow them to explore the contours and practices of lawyer leadership.

This edited transcript explains the importance of teaching leadership skills, traits, and processes to transactional business law students and offers insights on how …

Feedback Loops: Keep/Cut, Patrick Barry

Articles

In the first of installment of this new column on feedback in the September Illinois Bar Journal, we began to address the pernicious problem of vague feedback—that unhelpful, empty-calories form of (non) guidance that deprives people of learning what they’re currently doing well and what they need to ix. Without concrete, explicit guidance, it can be really tough to grow and improve.

The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman

Scholarly Works

The idea for establishing a Lawyers Justice Corps emerged out of efforts to solve a problem: how to license lawyers at a time when COVID-19 had expanded the need for new lawyers while also making an in-person bar exam dangerous, if not impossible. We-the Collaboratory on Legal Education and Licensing for Practice'-proposed the Lawyers Justice Corps to provide a different and better way of certifying minimum competence for new attorneys while at the same time helping to create a new generation of lawyers equipped to address a wide range of social justice, racial justice, and criminal justice issues. When implemented, …

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 …

What Is Scholarly Legal Writing? An Introduction To Different Perspectives (On Us Qualified Immunity Doctrine), Samuel Beswick

All Faculty Publications

How do you write a law article? It turns out there is no one ‘right way’. Legal problems can be analysed from different angles. Law journals are full of diverse perspectives on the law.

This document provides an introduction to the different types of legal scholarship that can be found in law journals. It illustrates using scholarship on the American judicial doctrine of qualified immunity, which shields government officials from legal liability for ‘constitutional torts’. Qualified immunity can be analysed from the perspective of doctrine, policy, comparative law, history, economics, empirics, sociology, and philosophy. One issue; many perspectives.

Introducing Students To Ethics And Professionalism Challenges In Virtual Communication, Carol Morgan, Katherine M. Koops, James E. Moliterno, Carol Newman

Scholarly Works

As the practice of law, and the conduct of business generally, focuses increasingly on virtual communication, the ethics and professionalism challenges inherent in email, videoconference, text, and telephone communication continue to evolve. These challenges are particularly prevalent in transactional practice, which involves frequent communication with a variety of parties through a variety of communication channels. Exposing law students to these challenges through exercises and simulations contributes to the continued development of their professional identity as lawyers.

This article presents a variety of exercises that introduce students to client confidentiality, inadvertent disclosure, and other ethical issues that often arise in the …

Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm

Faculty Scholarship

Effective lawyering requires the ability to manage contradictory yet interdependent practices. In their role as traditionally understood, lawyers must fight, judge, debate, minimize risk, and advance clients’ interests. Yet increasingly, lawyers must ALSO collaborate, build trust, innovate, enable effective risk-taking, and hold clients accountable for adhering to societal values. Law students and lawyers alike struggle, often unproductively, to reconcile these tensions. Law schools often address them as a dilemma requiring a choice or overlook the contradictions that interfere with their integration.

This Article argues instead that these seemingly contradictory practices can be brought together through the theory and action of …

Book Review Of Shaping The Bar: The Future Of Attorney Licensing, Marsha Griggs

All Faculty Scholarship

In Shaping the Bar: The Future of Attorney Licensing, Professor Joan Howarth issues a clarion call to the academy, the legal community, and the judiciary to reform the way we license lawyers in the United States. In this book Howarth identifies the current crisis in law licensing, the history of racism that created this crisis, and the tools available to address it. Shaping the Bar challenges our entrenched notions of professional identity, and it forces us to confront vulnerabilities in attorney self-regulation. It does so in a manner that will stir even those not immersed in the current debate about …

Law’S Contributions To The Mindfulness Revolution, Elizabeth F. Emens

Faculty Scholarship

These are phenomenally challenging times. Mindfulness is a tool that can help lawyers support themselves, each other, their clients, and their collaborators in the hard work needed to build community and take action. For these and other reasons, mindfulness has made major inroads into law and legal institutions. Law firms, law schools, and courthouses offer training in mindfulness meditation to support the cognitive clarity and emotional self-regulation necessary for the demanding work of analyzing problems, resolving conflicts, overcoming bias, and doing justice. A growing literature, from empirical social science to legal scholarship, catalogs these and other benefits of mindfulness for …