Law Commons^™

A Tribute To Andrew W. Mcthenia, Jr., Thomas L. Shaffer

Journal Articles

Uncas picked up a five-letter name when he was a boarding school student in Orange, Virginia. By now, it is the way his friends and colleagues, his students and his clients, his wife and his children and his neighbors, identify him. It works throughout the United States and in Canada. I would not be surprised to see it work in, say, the offices of the European Union in Salzburg or in the former Soviet Union. (It occurs to me that this universal name for Andrew W. McThenia, Jr., a name his boarding-school classmates borrowed from James Fenimore Cooper, shares brevity …

Myths And Facts About Affirmative Action, Richard O. Lempert, David L. Chambers, Terry K. Adams

Articles

The case against affirmative action in admissions to institutions of higher education is based on the moral attractiveness of colorblind decision making and buttressed by a sense that such programs are not just unfair but pointless. Their intended beneficiaries, the argument goes, are put in situations in which they are unable to compete with whites and not only perform poorly but are destructively demoralized in the process. Common to arguments against affirmative action in admissions is a belief that minorities advantaged by it displace whites who are more deserving of admission because they have accomplished more, can better benefit from …

Twenty-Five Years Through The Virginia Law Review (With Gun And Camera), Robert E. Scott

Faculty Scholarship

It is a great honor to be asked to offer a few remarks to such an august gathering. But I must confess to having had a certain puzzlement when the invitation to speak to the Law Review banquet first came. I asked one of my colleagues, "Why would they have asked me?" "It's obvious," he replied. "Their first three choices turned them down."

With that in mind, I asked my secretary, "What do they want me to talk about?" "The Future of Legal Education," she replied (somewhat portentously). This suggestion didn't ring quite true to me. I have been to …

The Dean And The Budget: Not 'Just A Bunch Of Damn Numbers', Steven R. Smith

Faculty Scholarship

The process of developing and implementing a budget is among the most important and least understood responsibilities of deans. When done properly, the budget will move the school toward its goals and promote its mission. When done improperly, the budget will waste the limited resources of the school.

This essay first considers the First Principle of Budgets for deans, then discusses procedural issues in developing a successful budget, and finally reviews a number of specific budget issues that law schools face.

New Modes Of Assessment, Greg Sergienko

San Diego Law Review

are extremely burdensome to grade. The purpose of this Article is to call attention to a variety of alternatives to this traditional format that are more accurate and less burdensome than traditional essay exams.2 Increasing accuracy makes it

possible to determine whether the instruction has been effective, allowing the instructor to address areas of weakness before the course ends and to improve future classes. Decreasing the burden of assessment of student learning allows for faster feedback, which is more effective.' Faster assessment also makes possible frequent assessment, and frequent assessment provides students with the information they need to improve, promoting …

The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik

Scholarly Works

No abstract provided.

Legal Education Reform: Modest Suggestions, Alan Watson

Scholarly Works

No approach to legal education will be perfect, given that (in my opinion) a law school should serve various purposes. But I should like to offer a few modest and practical suggestions. They are modest in that they do not require additional time for law studies. They are practical in that they will increase the exposure of students both to law as practice and to law as an intellectual discipline. In addition they involve no greater burden on law schools.

First, and this should not be controversial -- but I fear will be the most controversial -- would be the …

Tribute To Frederick W. Whiteside, Jr., Robert G. Lawson, William H. Fortune, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

A series of tributes to Frederick W. Whiteside, Jr., a professor at the University of Kentucky College of Law.

The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

Scholarly Works

This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.

High Brow, Lee C. Bollinger

Faculty Scholarship

Terry Sandalow has an extraordinary mind, its power suggested by his incredible brow and forehead. (I'm always reminded, in fact, of Melville's description of the massive size of the sperm whale's head as representing its huge intelligence.) By any measure, Terry is very smart, broadly educated, and deeply sensitive to the nuances of life. From my earliest days on the law faculty, I remember being continually impressed, at faculty discussions and seminars, by his illuminating questions and comments and aware of his reputation among students as one of the most intellectually challenging teachers. Colleagues routinely sought his advice and criticism …

Internationalizing The Study Of Law, Michael P. Scharf

Faculty Publications

Michael P. Scharf gives a talk about efforts to internationalize the curriculum that have been employed at the New England Law School on a fairly modest budget.

Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant

Faculty Articles and Other Publications

The university law school is a relatively recent innovation, not just in Nevada but throughout much of the United States as well. In this inaugural issue of the Nevada Law Journal, which marks the establishment in 1998 of the Boyd School of Law, the first state-supported and the only existing law school in Nevada, it is fitting that we examine the methods of legal education and entry to the practice of law that preceded the rise of legal education within the university.

Until the latter part of the nineteenth century, the apprenticeship system constituted the dominant mode of preparation for …

Making And Breaking Rank: Some Thoughts On Recent Canadian Law School Surveys, Margot Young

All Faculty Publications

The recent emergence of various surveys evaluating Canadian law schools has introduced greater notions of rank among these law schools. Three different types of law school surveys can be identified. Collectively and individually, these surveys threaten a number of normative goals for legal education: humanistic professionalism, pluralistic legal education and diversity. While it is important to acknowledge the need for accountability, it is essential, as well, that legal educators think carefully about what values and perspectives ought to underpin such evaluation.

For Terry Sandalow - Challenger And Creator, Christina B. Whitman

Articles

In the popular imagination, legal education is the experience of sitting in a classroom and being pushed to think deeply by a brilliant and demanding teacher. Some law schools are lucky enough to have a faculty member who actually fulfills this expectation - one professor in particular whose courses are the testing ground for the very best and most engaged students. When I was a student at Michigan in the 1970s, and until his retirement last year at the end of the century, that teacher was Terry Sandalow. For many Michigan graduates, taking Federal Courts or Fourteenth Amendment from Professor …

Tribute To Norman Dorsen, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

It is an enormous delight for me to contribute to this dedication ceremony honoring Norman Dorsen. It did require, however, that I go back and note the fact that I wrote for the Annual Survey thirty-seven years ago. Not only did I discuss antitrust, I made some confident predictions. I noted with alarm that there had been five hundred corporate mergers in the previous year, but pointed out that that would level off as time went on. Well, five hundred would be a quiet month at the Federal Trade Commission these days. I am delighted with the Annual Survey's decision …

Torts Teaching: From Basic Training To Legal-Process Theory: Dominick Vetri, "Tort Law And Practice", Joseph A. Page

Georgetown Law Faculty Publications and Other Works

It was in the course of my meanderings through the torts-casebook landscape that I came upon Professor Dominick Vetri's entry in the field. The quality that first attracted me was the way it fashioned a user-friendly introduction to the study of law, to the uniqueness of the common law, and to the centrality of process. The book demonstrated an unusual sensitivity to the bewilderment of beginners and made a special effort to anticipate their needs and concerns. Yet what made Vetri's approach particularly intriguing was that it managed to play not only to nervous neophytes, but also to students in …

Aha? Is Creativity Possible In Legal Problem Solving And Teachable In Legal Education?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article continues and expands on my earlier project of seeking to describe how legal negotiation should be understood conceptually and undertaken behaviorally to produce better solutions to legal problems. As structured problem solving requires interests, needs and objectives identification, so too must creative solution seeking have its structure and elements in order to be effectively taught. Because research and teaching about creativity and how we think has expanded greatly since modern legal negotiation theory has been developed, it is now especially appropriate to examine how we might harness this new learning to how we might examine and teach legal …

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Indiana Law Journal Celebrates 75 Years, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.

The Jeffersonian Vision Of Legal Education, Davison M. Douglas

Faculty Publications

No abstract provided.

Dean Grossman And Wcl Students Appear Before Inter-American Court, Dee Daniels

Human Rights Brief

No abstract provided.

Center News: The Pinochet Precedent: Legal Obstacles And New Approaches To Prosecuting Crimes Against Humanity, Teresa Young Reeves

Human Rights Brief

No abstract provided.

Center Faculty/Staff News, Human Rights Brief

Human Rights Brief

No abstract provided.

Pen Or Printer: Can Students Afford To Handwrite Their Exams?, Kif Augustine-Adams, Suzanne B. Hendrix, James R. Rasband

Faculty Scholarship

No abstract provided.

A Tribute To Herman B Wells, Alfred C. Aman

Indiana Law Journal

No abstract provided.

The Search For Incontrovertible Visual Evidence, Paul F. Campos

Publications

No abstract provided.

Jurisprudence Noire, Pierre Schlag

Publications

No abstract provided.

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.

Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson

Seattle University Law Review

This Article will view the relationship between affirmative action and law school admissions through the lens of The Bell Curve, a book suggesting that a genetic link probably exists between race and intelligence. In The Bell Curve, Charles Murray and Richard J. Herrnstein conduct a statistical analysis on a variety of aptitude tests and other measures of intelligence, concluding that blacks and whites do differ on standardized tests of cognitive ability, even when controlling for such factors as motivation and socioeconomic status. Indeed, much of the book is geared toward discounting environmental explanations of intelligence scores. The relevancy …

The Academic Support Student In The Year 2010, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Academic support professionals have long recognized the benefits of imparting a greater knowledge of learning skills to law students as a way to enhance their ability to learn the law. Consequently, the science and pedagogy of academic support have become a staple of legal education. However, while the need for academic support remains a constant, the identification of those in need of academic support programs continues to be in flux. Growing social awareness of an expanded definition of diversity, recent decisions such as Hopwood v. Texas and the proliferation of academic support programs have expanded the definition of the academic …