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Legal Analysis and Writing

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Full-Text Articles in Law

The Integrated Law School Curriculum, Adam Lamparello Nov 2015

The Integrated Law School Curriculum, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …


Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki Sep 2015

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki

Anthony S. Niedwiecki

No abstract provided.


Breaking Bad Facts: What Intriguing Contradictions In Fiction Narratives Can Teach Lawyers About Coping With Harmful Evidence, Cathren Page Feb 2015

Breaking Bad Facts: What Intriguing Contradictions In Fiction Narratives Can Teach Lawyers About Coping With Harmful Evidence, Cathren Page

Cathren Page

Abstract: Breaking Bad Facts: What Intriguing Contradictions in Fiction Narratives Can Teach Lawyers About Coping with Harmful Evidence by Cathren Koehlert-Page Walter White is the “nerdiest old dude” that Jesse Pinkman knows. His students ignore him and whisper and laugh during class. They make fun of him at his after school job at the car wash where he is forced to stay late. His home décor and personal fashion could best be described as New American Pathetic. And yet by the end of the hit television series, Breaking Bad, White is a feared multi-million dollar drug lord known as Heisenberg. …


Spirals And Schemas: How Integrated Law School Courses Create Higher-Order Thinkers And Problem Solvers, Jennifer Spreng Dec 2014

Spirals And Schemas: How Integrated Law School Courses Create Higher-Order Thinkers And Problem Solvers, Jennifer Spreng

Jennifer E Spreng

As legal educators continue to shift focus to preparing students for practice, they should put integrated first-year courses and curricula into the top tier of potential reform vehicles. Integration refers to the extent to which a course or curriculum blurs disciplinary boundaries as well as boundaries between doctrine and authentic learning activities. Integrated courses promote active, deep learning that facilitate orderly knowledge construction and reveal more connections between vital legal concepts. The authenticity of integrated courses improves students’ retention and transfer of knowledge. Such accessible, interconnected knowledge in such a vital learning environment is like intellectual rocket fuel to law …


Whose Article Is It Anyway? Student Editors And The Law Review Process, Josephine R. Potuto Aug 2014

Whose Article Is It Anyway? Student Editors And The Law Review Process, Josephine R. Potuto

Josephine R Potuto

Law professors publish in law reviews, not peer-reviewed journals. They are edited by law students. The editing process can be both irritating and exasperating. From experiences lived and those shared by colleagues across the country, I provide concrete examples of where law student editors go wrong, and also explain why.


Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page Feb 2014

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …


Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison Dec 2013

Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison

Shaun Jamison

Continuing legal education (CLE or MCLE) is one way to help lawyers stay current with substantive law, skills, and prepare for potentially dramatic and fast moving changes to the practice of law. This paper examines one year of continuing legal education approved for credit in Minnesota. While Minnesota attorneys enjoy access to over 10,000 CLE courses in a variety of timely topics, there are opportunities to improve. In order to best address the rapid and dramatic change in the legal field, a more favorable regulation of law office management CLEs is required. More flexible regulation and partnerships between CLE providers, …


Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs’ Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss Mar 2013

Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs’ Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss

Scott A Moss

For a major field, employment discrimination suffers surprisingly low-quality plaintiff’s lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs’ briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for won/loss rate, bad plaintiffs’ briefs far more often yield decisions crediting debatable defenses. These findings are puzzling; in a major legal service market, how …