Law Commons^™

The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

The University of New Hampshire Law Review

[Excerpt] “In many ways, the story of modern legal education reads like a grim fairy tale, whose moral dénouement is no less compelling, and perhaps more consequential, than its fabulist forbearers. In this regard the marketing of legal education may aptly be illustrated by fable, such as that of The Trees and the Bramble Bush, which concerns the folly of electing a king. When some beautiful trees decide to look for a leader, they offer the throne to the olive, the fig and the vine; each in turn refuses, preferring to keep to its own fruitful role. The bramble steps …

Volume 46, Issue 1 (Fall 2012), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• Enhanced learning environment
• New Deal lessons for the Affordable Care Act: The General Welfare Clause
• From the Packers to Patagonia: Nonprofit and not-just-for-profit corporations
• Apps to make your work easier
• Headlines
• Students gain valuable experience from D.C. internship program
• Georgia Law welcomes notable guests
• Hirsch Hall Highlights
• Sibley Lecturer explores the role of the World Court
• General Counsel for Coca-Cola delivers 30th Edith House Lecture
• Rusk Center Reports
• Faculty Accomplishments
• Georgia Law bids farewell to two longtime professors
• Student Briefs
• Class of 2012 Commencement
• Alumni Activities
• Kurtz and Wooten receive Scroll Awards
• Reunion Weekend and Homecoming Ad …

Hugh M. Kindred: A Tribute, Robert J. Currie, Phillip Saunders

Dalhousie Law Journal

We are pleased to introduce this special issue of the Dalhousie Law Journal, which is essentially a mini-festschriftin honour of Professor Hugh Kindred. Hugh began teaching at what was then Dalhousie Law School in 1971 and retired from full-time teaching in 2008, with a well-deserved Professor Emeritus status bestowed on him in 2010. In between Hugh provided wisdom, quiet counsel and gracious generosity to generations of students and faculty at what is now called the Schulich School of Law, and became a pillar of the Canadian legal academic community. His legacy is enormous and ongoing, as Hugh has continued to …

Hugh Kindred And The Teaching Of International Law In Canada, Don Mcrae

Dalhousie Law Journal

The casebook, International Law, Chiefly as Interpreted and Applied in Canada under the general editorship of Hugh Kindred, which first appeared in 1987, was a milestone in the teaching of international law in Canada. It was an important teaching tool that made international law accessible to students. Seeing international law through the eyes of Canadian practice, Canadian materials and Canadian experience, the book was an introduction to the fundamentals of the field and to the developments and debates of contemporary international law Engaging on the editorial board Canadian academics from different law schools, Hugh Kindred has been able to provide …

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Enrique S. Pumar, Faith Mullen

University of the District of Columbia Law Review

This project has its origins at the University of the District of Columbia David A. Clarke School of Law (UDC). In March 2008, UDC hosted a meeting between the Pro Bono Committee of the District of Columbia Office of Administrative Hearings, and clinical professors and pro bono coordinators from several law schools in the District of Columbia. At that meeting, the Pro Bono Committee initiated a dialogue about how to better meet the needs of self-represented individuals who appear before the Office of Administrative Hearings (OAH) and extended an invitation to attend some OAH hearings. Professor Mullen accepted that invitation …

From Representation To Research And Back Again: Reflections On Developing An Empirical Project, Mary Spector

University of the District of Columbia Law Review

No abstract provided.

Foreword: The Work Of The Bellow Scholars, Jeanne Charn

University of the District of Columbia Law Review

No abstract provided.

Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton

Pepperdine Law Review

No abstract provided.

Leveraging The Dialectical Theory In Case Study Analysis: Genzyme's Ethical Dilemma, Andrei Duta

The Journal of Business, Entrepreneurship & the Law

This paper provides the theoretical framework for a case study that I share with students in my courses. The dialectical theory is used to analyze ethical conundrums pertaining to Genzyme, a successful bio-tech corporation based in Boston, Massachusetts that manufactures treatments for serious diseases such as kidney problems, immune diseases, and cancer. We discuss questions such as: is Genzyme acting unethically when averaging extremely high profit margins on drugs for rare diseases? Is the company taking advantage of the lack of pharmaceutical choices that patients have when addressing their ailments? The dialectical theory provides the framework and vocabulary for discussing, …

The Crisis In Legal Education: Dabbling In Disaster Planning, Kyle P. Mcentee, Patrick J. Lynch, Derek M. Tokaz

University of Michigan Journal of Law Reform

The legal education crisis has already struck for many recent law school graduates, signaling potential disaster for law schools already struggling with their own economic challenges. Law schools have high fixed costs caused by competition between schools, the unchecked expansion of federal loan programs, a widely exploited information asymmetry about graduate employment outcomes, and a lack of financial discipline masquerading as innovation. As a result, tuition is up, jobs are down, and skepticism of the value of a J.D. has never been higher. If these trends do not reverse course, droves of students will continue to graduate with debt that …

Motivations For Law Student Pro Bono: Lessons Learned From The Tuscaloosa Tornado, Kelly Alison Behre

Buffalo Public Interest Law Journal

After a tornado devastated Tuscaloosa, Alabama, on April 27, 2011, law students at the University of Alabama organized and engaged in substantial legal and nonlegal service. Narratives from these students in the midst of their volunteer efforts reveal detailed accounts of their experiences and motivations for their service. In a time in which national law student pro bono rates remain low and law students continue to lose interest in social justice issues during their time in law school, these student narratives offer insight into why law students chose to volunteer through the lens of students who rose to the occasion …

The Crisis Of The American Law School, Paul Campos

University of Michigan Journal of Law Reform

The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …

Preface

West Virginia Law Review

No abstract provided.

Formal Equality, Formal Autonomy, And Political Legitimacy: A Response To Ed Baker, James Weinstein

West Virginia Law Review

No abstract provided.

The Law School Critique In Historical Perspective, A. Benjamin Spencer

Washington and Lee Law Review

Contemporary critiques of legal education abound. This arises from what can be described as a perfect storm: the confluence of softness in the legal employment market, the skyrocketing costs of law school, and the unwillingness of clients and law firms to continue subsidizing the further training of lawyers who failed to learn how to practice in law school. As legal jobs become increasingly scarce and salaries stagnate, the value proposition of law school is rightly being questioned from all directions. Although numerous valid criticisms have been put forth, some seem to be untethered from a full appreciation for how the …

Baker Tribute, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

A Tribute To Judge Lazer, Rena C. Seplowitz

Touro Law Review

No abstract provided.

Leon Lazer: The Giant Among Us, Howard Glickstein

Touro Law Review

No abstract provided.

A Way Forward: Transparency At American Law Schools, Kyle P. Mcentee, Patrick J. Lynch

Pace Law Review

This Article is similar to Law School Transparency’s original white paper, available at http://lawschooltransparency.com/documents/LST_White_Paper_April_2010.pdf. The original paper set forth an exposé of the available law school employment information and proposed a way for law schools to voluntarily release better information. This Article updates descriptions of the current employment information, explains the recent reforms at the ABA Section of Legal Education that followed from the original paper, and offers a new proposal for the Section of Legal Education to adopt for the betterment of the legal profession

The Faculty Workshop, Pierre Schlag

Buffalo Law Review

No abstract provided.

Introduction To Faculty Essays, Gary J. Simson

Mercer Law Review

This collection of essays by Mercer law faculty is the result of a process that my predecessor as dean, Daisy Floyd, set in motion in the fall of 2008. At that time, Dean Floyd named an ad hoc committee to conduct a comprehensive review of the law school's celebrated Woodruff Curriculum. Adopted after extensive discussion, planning, and debate, the Woodruff Curriculum went into effect in 1990. Within a few years, the American Bar Association recognized the Woodruff Curriculum's distinctive and remarkably forward-looking contribution to legal education by naming the law school as the recipient of the Association's prestigious Gambrell Professionalism …

Thoughts On Legal Education, The Curriculum, And The Importance Of Process Over Substance, John O. Cole

Mercer Law Review

Curricular reform conversations are valuable as a process of continually thinking about, and discussing, the form that a "proper" legal education should take. The key concepts here are "conversations" and "process," for I would immediately suggest that the "substance" of whatever curricular reform that is created at the back end of this conversational process is itself of little importance or interest. That is to say, in the grand scheme of ideas concerning legal education, the specific ordering of courses and the particular list of required courses are of relatively minor importance in the development of a healthy curriculum.

I offer …

Pedagogy And Purpose: Teaching For Practical Wisdom, Daisy Hurst Floyd

Mercer Law Review

This year marks my thirtieth as a legal educator. During that time, I have taught a variety of courses and served in several administrative roles, including seven years as Associate Dean for Academic Affairs and six years as Dean. I am now newly returned to full-time teaching after a post-deanship sabbatical. I have served on numerous law school, university, professional, and civic committees and boards, and have attended untold number of professional meetings. From these various perspectives, I have followed closely the debates about what we are and are not doing well in legal education, including such developments as the …

Teaching Seminars—Pedagogy And Potential, Gary J. Simson

Mercer Law Review

I love teaching, especially seminars. In my many years of law teaching, I have taught a seminar in all but a handful of years, and in some years, I have taught two. My first experience teaching a seminar came in my very first semester of law teaching, and my most recent experience was in the semester that came to a close a couple of months ago.

In this essay, I hope to encourage other faculty to reap the benefits of seminars for their students and themselves that my students and I have enjoyed. Although the selection of subject area for …

Fundamental Dimensions Of Law And Legal Education: Perspectives On Curriculum Reform, Mercer Law School's Woodruff Curriculum, And... "Perspectives", Mark L. Jones

Mercer Law Review

This Article is the third in a series of articles that are intended to address in depth my central concerns about the law school curriculum and associated professionalism issues. This larger project, which I have entitled "Fundamental Dimensions of Law and Legal Education," seeks to make the case for the liberalization of U.S. legal education, although perhaps the term reliberalization would be more accurate given the emphasis upon a broad education for lawyers during the first phase in the history of U.S. legal education. Whereas the two prior articles are essentially descriptive-the first being conceptual and the second historical in …

Trusts And Estates Drafting: Avoiding Rigor Mortis In The Law School Curriculum, Karen J. Sneddon

Mercer Law Review

Every day lawyers sit with fingers curled above keyboards and pens poised above notepads. Lawyers are writers. There may have been a time when the practice of law primarily involved oral communication. However, the practice of law has long since become one of written communication. Although most law schools pride themselves on producing client-ready graduates, few schools actually deliver on this promise, especially as it relates to transactional practice.

The American Bar Association Standards and Procedures' requires that each law student receive substantial instruction in, among other categories, "writing in a legal context, including at least one rigorous writing experience …

The Lawyer Meets The Therapist, The Minister, And The Psychiatrist: Law School Cross-Professional Collaborations, Timothy W. Floyd

Mercer Law Review

Lawyers in practice rarely encounter purely legal problems. Understanding the social, economic, political, and historical context is often crucial to resolving legal issues, and legal decisions are often dependent upon business, scientific, medical, psychological, and technological information. Most legal representation occurs within some field of enterprise or industry, and nearly all representation of clients involves complex emotional and interpersonal dynamics.

Early in my legal career, I realized the importance of knowing other fields and specialties in order to be an effective lawyer. My first practice experience was in commercial litigation, and our firm represented clients from a wide range of …