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Articles 1 - 30 of 208
Full-Text Articles in Law
Public Schools To Public Services, Laura Wilcoxon
Public Schools To Public Services, Laura Wilcoxon
Faculty Publications
No abstract provided.
Can Mindfulness Help Law Students With Stress, Focus, And Well-Being: An Empirical Study Of 1ls At A Midwestern Law School, Richard C. Reuben, Kennon M. Sheldon
Can Mindfulness Help Law Students With Stress, Focus, And Well-Being: An Empirical Study Of 1ls At A Midwestern Law School, Richard C. Reuben, Kennon M. Sheldon
Faculty Publications
Recent calls for law students, lawyers, judges, and others in the legal profession to try mindfulness training to reduce stress and enhance wellbeing beg the question of whether mindfulness will "work" for those in the uniquely rigorous environment of law. There is no empirical research on mindfulness effects for lawyers - unlike the medical field, where research has found beneficial effects of mindfulness training for doctors, nurses, and other health care providers. To fill this gap in the literature, we conducted an empirical study of forty-seven first year, first semester law students at the University of Missouri School of Law …
Let's Teach Our Students Legal Technology... But What Should We Include?, Randy J. Diamond, Darin Fox, Kenneth J. Hirsh, Heidi Frostestad Kuehl, Michael Robak
Let's Teach Our Students Legal Technology... But What Should We Include?, Randy J. Diamond, Darin Fox, Kenneth J. Hirsh, Heidi Frostestad Kuehl, Michael Robak
Faculty Publications
A "renaissance” is often described as a cultural rebirth, a movement ushering in a modern age and leaving behind the old ways of doing things. There is every indication that we are entering a technology-driven renaissance in the legal profession. Artificial intelligence (AI), “big data,” document automation, e-discovery tools, cloud-based case management systems, and communication and collaboration tools are just a few of the ways that technology is transforming the practice of law in the twenty-first century.
Volume 42 (Annual Report 2018)
Volume 41, Issue 2 (Winter 2018)
Teaching And Scholarship Enrichment Through Involvement In Law Reform, R. Wilson Freyermuth
Teaching And Scholarship Enrichment Through Involvement In Law Reform, R. Wilson Freyermuth
Faculty Publications
One of the most important ways for faculty to enrich their teaching and scholarship is through meaningful connections with the practicing bar. One effective way of developing these connections is through involvement in law reform efforts. This Essay focuses on developing these connections along two dimensions-through the work of the Uniform Law Commission and through involvement with trade organizations or nonprofit groups.
Volume 41, Issue 1 (Spring 2017)
Book Review: Divergent Paths: The Academy And The Judiciary, S. I. Strong
Book Review: Divergent Paths: The Academy And The Judiciary, S. I. Strong
Faculty Publications
Judge Richard Posner's most recent book, Divergent Paths: The Academy and the Judiciary touches on a number of important issues, but the most revolutionary element involves Judge Posner's discussion of how the legal academy can assist with the education of current and future judges.
Volume 40, Issue 2 (Fall 2016)
Volume 40, Issue 1 (Spring 2016)
Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg
Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg
Faculty Publications
Among the more important decisions a law teacher makes when preparing a new course is what materials to assign. Criminal procedure teachers are spoiled for choice, with legal publishers offering several options written by teams of renowned scholars. This Article considers how a teacher might choose from the myriad options available and suggests two potentially overlooked criteria: weight and price.
Volume 39, Issue 2 (Fall 2015)
Volume 39, Issue 1 (Spring 2015)
International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers
International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers
Journal of Dispute Resolution
This essay sketches an account of how investment arbitration affects development of local legal institutions, in particular domestic courts. When investment arbitration is introduced into a local legal environment, it becomes integrated with international commercial arbitration, and often domestic arbitration. This integration occurs because the local economic elites, private law firms, and local businesses that deal with (or compete with) foreign investors and investment arbitration disputes also deal with international commercial matters, international commercial disputes, and domestic arbitration.
Judicial Education And Regulatory Capture: Does The Current System Of Educating Judges Promote A Well-Functioning Judiciary And Adequately Serve The Public Interest?, S. I. Strong
Journal of Dispute Resolution
First, the Essay considers certain obstacles to research concerning judicial education as a means of determining why more scholars have not sounded an alarm regarding practices in this field (Section II). The Essay then addresses a number of issues relating to the current approach to judicial education to determine whether and to what extent judicial control over this issue can be considered problematic (Section III). That analysis leads logically into a discussion of various ways that the possibility of regulatory capture of judicial education could be diminished (Section IV). Finally, the Essay concludes by drawing together various strands of analysis …
What Judges Want And Need: User-Friendly Foundations For Effective Judicial Education, Duane Benton, Jennifer A.L. Sheldon-Sherman
What Judges Want And Need: User-Friendly Foundations For Effective Judicial Education, Duane Benton, Jennifer A.L. Sheldon-Sherman
Journal of Dispute Resolution
This article evaluates the connection between judicial education and judges’ needs and preferences. In Part I, we begin by discussing the history, purpose, and form of judicial education, charting its evolution over time. In Part II, we examine current judicial education programs and scholarship, highlighting differences and similarities between federal and state programming. In Part III, we analyze the limitations of existing scholarship and programming, arguing judicial education programs are insufficiently tied to evidence of judicial demands. We conclude in Parts IV and V by suggesting two proposals to align programming with needs: (1) an annual needs-based assessment of judicial …
Towards A New Paradigm Of Judicial Education, Mary R. Russell
Towards A New Paradigm Of Judicial Education, Mary R. Russell
Journal of Dispute Resolution
When talking about judicial education, a central question emerges: What is the goal of judicial education for judges? A simple answer springs to mind: To make us better judges, of course. This of course is a deceptively simple question with a deceptively simple answer, until there is an attempt to specifically identify how to accomplish this worthy judicial education goal, and that is where simplicity disappears
Volume 38, Issue 2 (Fall 2014)
Impact Of Uniform Laws On The Teaching Of Trusts And Estates, David M. English
Impact Of Uniform Laws On The Teaching Of Trusts And Estates, David M. English
Faculty Publications
Beginning in 1969 with the approval of the Uniform Probate Code (UPC), uniform laws have had a major impact on the teaching of the basic Trusts and Estates course. This is not the place to list the close to thirty uniform acts relating to Trusts and Estates that have been approved. Rather, this Article will focus on the impact that uniform laws have had on the content of what is taught in the Trusts and Estates course. Uniform laws are not written in a vacuum. Like other legislative enactments, they are the product of societal changes and changes in legal …
Volume 38, Issue 1 (Spring 2014)
The U.S. Supreme Court Fellows Program; The Opportunity Of A Lifetime, S. I. Strong
The U.S. Supreme Court Fellows Program; The Opportunity Of A Lifetime, S. I. Strong
Faculty Publications
One reason why the Supreme Court Fellowship is one of the best-kept secrets in Washington, D.C., is its size. Unlike the White House Fellows program, which invites 12 people to join its ranks each year, and the Congressional Fellows program, which has over 30 participants annually, the Supreme Court accepts only four extremely talented individuals into its Fellows program each year. Every fall, these fortunate few begin a 12-month journey that offers them an unparalleled opportunity to observe and participate in the work of the federal judiciary at the highest levels.
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Faculty Publications
The long-standing and close connection among law, language and the state has traditionally led law schools to provide legal education in a single language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language."' However, the historical model of monolingual legal education may be in jeopardy. For example, …
The True Value Of A Law Degree, Or, Why Did Thurgood Marshall Go To Law School?, R. Lawrence Dessem, Gregory M. Stein
The True Value Of A Law Degree, Or, Why Did Thurgood Marshall Go To Law School?, R. Lawrence Dessem, Gregory M. Stein
Faculty Publications
There has been vigorous debate in recent months over whether a law degree is a worthwhile investment. Much of this discussion has focused on whether the economic costs of obtaining a degree pay off over a lawyer’s career. This conversation has largely overlooked the many non-economic benefits of a law degree. In this essay, we seek to re-introduce several non-economic factors back into this important dialogue. We suggest that prospective law school applicants would be wise to consider these non-economic factors in addition to economic ones.
Volume 37, Issue 2 (Fall 2013)
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Faculty Publications
This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.
Volume 37, Issue 1 (Spring 2013)
Law School Marketing And Legal Ethics, Ben L. Trachtenberg
Law School Marketing And Legal Ethics, Ben L. Trachtenberg
Faculty Publications
Law schools have misled prospective students for years about the value of legal education. In some cases, law school officials have engaged in outright deceit, knowingly spreading false information about their schools. More commonly, they have presented statistics — especially those concerning the employment outcomes of law graduates — in ways nearly guaranteed to confuse readers. These deceptions and sharp practices violate the norms of the legal profession, a profession that scrupulously regulates the advertising of legal services. The deceptions also violate ethical rules prohibiting lawyers from engaging in dishonesty, misrepresentation, and deceit. This article exposes how pitches aimed at …
Leadership And Followership, Robert H. Jerry Ii
Leadership And Followership, Robert H. Jerry Ii
Faculty Publications
Whether our interest is business, government. education, or almost any other entity that organizes humans in some way, it seems that we are perpetually in need of more individuals who can lead organizations effectively. But we also live in an era when we need institutions - i.e., the organizations that have formed, and that we have formed, to regulate and improve our lives - that are willing and able to be led. I have long felt, and have been heard to say from time to time, that "the dean can cause problems all by himself, but the dean by himself …
Stepping Aside As Dean, R. Lawrence Dessem
Stepping Aside As Dean, R. Lawrence Dessem
Faculty Publications
In this Essay, though, I write not about the joys and burdens of service or the personal reasons why one might decide to step aside as dean. Instead, I write about the institutional factors that deans should consider as they make their decisions, time their departures, and determine how to most effectively help their institutions after announcing the decision to resign as dean.
Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande
Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande
Faculty Publications
This article synthesizes major points in the October 2012 symposium of the University of Missouri School of Law Center for the Study of Dispute Resolution, entitled "Overcoming Barriers in Preparing Law Students for Real-World Practice." There is a growing consensus that American law schools need to do a better job of preparing students to practice law. Teaching students to think like a lawyer is still necessary but it is not sufficient for students to act like a lawyer soon after they graduate.