Law Commons^™

Elephant In The Room, Patrick Barry

Articles

Over the past several decades, the student population at law schools across the country has become more and more racially diverse. In 1987, for example, only about 1 in every 10 law students identified as a person of color; by 2019, that percentage shot up to almost 1 out of 3.

Yet take a look at virtually any collection of recommended manuals on writing. You are unlikely to find even one that is authored by a person of color. The composition of law schools may be dramatically changing, but the materials that students are given to help them figure out …

Judge Kozinski Objects, Beth H. Wilensky

Articles

Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …

Teaching Legal History Through Legal Skills, Howard Bromberg

Articles

I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical s.kills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without detracting from other approaches, I frame this innovation as teaching legal history not to budding historians but to budding lawyers.

Review Of Handbook Of Appellate Advocacy, By M. Josephson., Douglas A. Kahn

Reviews

The practice of appellate advocacy may well be the most abused skill in the legal profession. The successful conduct of an appeal can preserve a client's favorable verdict or reverse his losses; and an appellate determination is often dispositive of the case. Yet, while most members of the bar recognize that trial litigation requires specialized training, too many attorneys regard appellate advocacy as commonplace and devote little or no effort to the study of the techniques of brief writing and oral argument. I have personally observed a sizeable number of cases which were lost on appeal, not because counsel failed …