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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 …


Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson Oct 2015

Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson

Rebecca A. Mattson

This article discusses teaching proper use of Google and Google Scholar in the legal research classroom.


Learning From And About The Numbers, Carole Silver, Louis Rocconi Sep 2015

Learning From And About The Numbers, Carole Silver, Louis Rocconi

Carole Silver

In this article, we enter the debate about the value of legal education, taking aim at the issue of the ways in which law schools prepare students for practice. But rather than focusing on skills training, our concern is with the approach of law schools to preparing students to understanding the context of the legal issues they will encounter, and specifically on their preparation for working with numbers, whether with regard to business, finance or information presented in statistical form generally.

Our contribution to this debate is to emphasize the importance of data in analyzing the value of law school, …


The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer Sep 2015

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer

David Barnhizer

In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …


Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu Sep 2015

Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu

Kiran Sidhu

No abstract provided.


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.


Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills Aug 2015

Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills

Jon L. Mills

No abstract provided.


Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills Aug 2015

Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

Jon L. Mills

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)


Educating To Meet The Demands Of Florida Business And Law Schools - A. Introduction, Jon L. Mills Aug 2015

Educating To Meet The Demands Of Florida Business And Law Schools - A. Introduction, Jon L. Mills

Jon L. Mills

Proceedings of the Second Annual & Legal and Policy Issues in the Americas, 2001


I. Opening Remarks (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills Aug 2015

I. Opening Remarks (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

Jon L. Mills

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)


Teaching In A Developing Country: Mistakes Made And Lessons Learned In Uganda, Stuart R. Cohn Aug 2015

Teaching In A Developing Country: Mistakes Made And Lessons Learned In Uganda, Stuart R. Cohn

Stuart R. Cohn

When, out of the blue, I was asked to direct a 3-week workshop in Uganda relating to that country’s recently created capital market infrastructure, I asked to review the laws and regulations that had been adopted to date. Upon examination, these laws and regulations were so well developed and sophisticated that I wondered whether there was anything I could provide to people who obviously already knew what they were doing. Imagine my great surprise when some pre-workshop phone calls to Uganda produced the information that the laws and regulations had essentially been copied from other countries and that very few …


A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell Aug 2015

A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell

Ray W Campbell

The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.

These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At …


The First Year: Integrating Transactional Skills, Lynnise E. Pantin Aug 2015

The First Year: Integrating Transactional Skills, Lynnise E. Pantin

Lynnise E. Pantin

No abstract provided.


International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias Aug 2015

International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias

Vitor M. Dias

No abstract provided.


Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Harold J. Krent), Gary S. Laser Jul 2015

Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Harold J. Krent), Gary S. Laser

Gary S. Laser

No abstract provided.


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan Jul 2015

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


Mandatory Prelicensure Legal Internship: A Renewed Plea For Its Implementation In Light Of The Maccrate Report, Stephen R. Alton Jul 2015

Mandatory Prelicensure Legal Internship: A Renewed Plea For Its Implementation In Light Of The Maccrate Report, Stephen R. Alton

Stephen Alton

Since its publication in 1992, virtually everyone who has any opinion about American legal education has been talking about the Mac- Crate Report. Relatively few among this multitude seem actually to have read the report itself. The purpose of this essay is to present an overview of this thoughtful document, along with some thoughts of my own regarding its implications for the future of legal education, particularly its implications for a mandatory prelicensure legal internship.


Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone Apr 2015

Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone

Michele R. Pistone

1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers the …


Why The Bar Examination Fails To Raise The Bar, Carol Goforth Feb 2015

Why The Bar Examination Fails To Raise The Bar, Carol Goforth

Carol Goforth

This article considers whether the current bar examination format achieves its stated objectives of protecting the public by testing minimum competency to practice law. After discussing the nature of the current bar examinations offered in the United States, the article looks at the skills associated with legal practice, and evaluates whether the bar examination is assisting in the process of insuring proper legal training for lawyers or hindering it.


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii Feb 2015

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

Harold A. McDougall III

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and …


An Institutional Commitment To Minorities And Diversity: The Evolution Of A Law School Academic Support Program, Jackie Slotkin Feb 2015

An Institutional Commitment To Minorities And Diversity: The Evolution Of A Law School Academic Support Program, Jackie Slotkin

Jacquelyn H. Slotkin

Given the severe underrepresentation of minorities in the legal profession, law schools have begun to realize their obligation to provide minorities with access to a quality legal education. This Article profiles the ongoing efforts of one private, free-standing law school to fulfill its commitment to diversity in education.


A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner Jan 2015

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

James R Maxeiner

Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …


Perspectives On International Students' Interest In U.S. Legal Education: Shifting Incentives And Influence, Carole Silver Dec 2014

Perspectives On International Students' Interest In U.S. Legal Education: Shifting Incentives And Influence, Carole Silver

Carole Silver

This article seeks to situate the shift to international students in U.S. law school SJD programs within the larger context of globalization and higher education, and was published as a comment on Gail Hupper’s article on “Educational Ambivalence: The Rise of a Foreign-Student Doctorate in Law.” Broadening the framework of analysis allows consideration of the competing factions and opportunities that explain the developing international market for legal education. In addition, this wider lens also offers insight into the incentives shaping new investments in legal (and higher) education, including Yale Law School’s new PhD in law.


What Firms Want: Investigating Globalization's Influence On The Market For Lawyers In Korea, Carole Silver, Jae-Hyup Lee, Jeeyoon Park Dec 2014

What Firms Want: Investigating Globalization's Influence On The Market For Lawyers In Korea, Carole Silver, Jae-Hyup Lee, Jeeyoon Park

Carole Silver

This article addresses one of the central debates regarding globalization: how best to approach liberalizing markets in order to balance the interests of local and non-local actors and institutions. It takes the legal services market as its focus and draws on the South Korean experience as a case study. Korea recently liberalized its regulatory approach to legal services by changing both its method of producing lawyers (including initiating a graduate level law school system and drastically increasing the proportion of bar exam passers) and allowing foreign competition to directly enter its market through foreign law firms and foreign-licensed lawyers working …


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 …


Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng Dec 2014

Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng

Jennifer E Spreng

Problem-solving is the manifestation of a lawyer’s expertise. Unfortunately, the first year of law school is too highly compartmentalized and often semi-rote-learning experience that does not disturb what are many students’ passive undergraduate school learning strategies. Once taught the same way in law school, students are unlikely to develop the more intellectually sophisticated, relational learning strategies to make the cross-topical and cross-disciplinary connections of which problem-solving expertise is made.

This article argues that horizontally and vertically integrated first-year courses with spiral designs that prioritize honing students’ analytical and problem-solving capacities can break this cycle and prepare students with more self-directed …


The Changing Practice Of Law And Law Schools: Why Would Anyone Go To Law School Today?, Barry Vickrey Dec 2014

The Changing Practice Of Law And Law Schools: Why Would Anyone Go To Law School Today?, Barry Vickrey

Barry Vickrey

No abstract provided.