Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (26)
- Legal Profession (3)
- Civil Rights and Discrimination (2)
- Contracts (2)
- Health Law and Policy (2)
-
- Labor and Employment Law (2)
- Legal History (2)
- State and Local Government Law (2)
- Torts (2)
- Courts (1)
- Disability Law (1)
- Environmental Law (1)
- Judges (1)
- Jurisprudence (1)
- Law and Gender (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Writing and Research (1)
- Social Welfare Law (1)
- Workers' Compensation Law (1)
- Keyword
-
- Legal education (16)
- Justice mission (14)
- Justice (10)
- Law school (10)
- Law schools (7)
-
- Social justice (4)
- BFOQ (2)
- Clinics (2)
- Law students (2)
- Mental health (2)
- Ohio (2)
- Pro bono work (2)
- 42 USC §1983 (1)
- ABA (1)
- ACLU (1)
- ADA (1)
- ADEA (1)
- Abuse of process (1)
- Academia (1)
- Academic profession (1)
- Academic scholarship (1)
- Activist lawyers (1)
- Admissions (1)
- Advocacy (1)
- Age Discrimination in Employment Act (1)
- Aging of America’s workforce (1)
- American’s with Disabilities Act (1)
- Attorney-client relationship (1)
- Balance theory of contracts (1)
- Bar exam (1)
Articles 1 - 30 of 38
Full-Text Articles in Law
Homelessness And The Use Of Reality To Enrich The Experience Of Law School, Frank Trinity
Homelessness And The Use Of Reality To Enrich The Experience Of Law School, Frank Trinity
Cleveland State Law Review
When I arrived in New Haven in 1985 1 was shocked. I would go running near the campus and find myself in the middle of public housing projects. This was the first time I ever saw housing projects. I grew up in New Jersey suburbs and had never before seen a housing project. Now I was confronted with people on street comers asking for money. This experience was very upsetting. About the same time as this was occurring, I was attending first semester classes; my brain was being twisted in these courses in ways I never expected. As the semester …
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
New Protections For Persons With Mental Illness In The Workplace Under The Americans With Disabilities Act Of 1990, Janet Lowder Hamilton
Cleveland State Law Review
The growth of civil rights for the disabled in recent years has focused on the problems of physical disabilities and removal of architectural barriers. Notable gains have been made in society's recognition of the rights and needs of such individuals through the American’s with Disabilities Act, but acknowledgement of the less obvious condition of psychiatric disability has lagged far behind. This is particularly true of individuals with mental illness, which constitutes probably the largest single group of disabled individuals, and one of the least vocal. Because of negative social attitudes, individuals with mild disorders hesitate to call attention to their …
Pursuing Justice In An Unjust World: Arjuna In America, Marc Galanter
Pursuing Justice In An Unjust World: Arjuna In America, Marc Galanter
Cleveland State Law Review
The knowledge that emerges from research is not automatically translated into policy, but becomes part of a political struggle. But deepening that struggle by challenging our understandings and liberating us from false problems and false solutions is one of the things that law schools can do for justice. The quest for justice is a political quest. In his stirring essay, ‘Politics as a Vocation,’ surely one of the most profound examinations of the nature of political action, Max Weber tells us that the political vocation demands passion, responsibility and something more: "... the decisive psychological quality of the Politician [is] …
Problems With The Structure Of Casebooks And Instruction, John Makdisi
Problems With The Structure Of Casebooks And Instruction, John Makdisi
Cleveland State Law Review
The case method of instruction has served to instruct generations of students from the time of its introduction by Christopher Langdell at the Harvard Law School. It has much to recommend it inasmuch as the lawyers who have been trained to think, analyze and solve problems by analyzing cases include some of the best minds in the country. However, this time-honored method of instruction contains some major flaws and it is time that we reexamine a pedagogic approach satirized for its punishing role in The Paper Chase. A pedagogic approach to law training that focuses on problem solving is not …
The Responsibility Of Lawyers To Challenge Injustice, Geoff Budlender
The Responsibility Of Lawyers To Challenge Injustice, Geoff Budlender
Cleveland State Law Review
Jotham Zwane is a respected community leader in Amsterdam, a small country town in South Africa. I could talk for a long time about the truly remarkable Jotham Zwane and his experiences. But in the present context, what is particularly striking about this part of his story is what it tells us about lawyers and their responsibilities. In the first place, the story reminds us of the classic role of the lawyer: to stand between the individual and the state. The second lesson which emerges from the story is a question about the role of lawyers in an unjust system. …
The Judge As Political Candidate, Hans A. Linde
The Judge As Political Candidate, Hans A. Linde
Cleveland State Law Review
Judges are expected to satisfy two conflicting ideals. First, they are to follow the law without fear or favor, regardless of personal sympathies and preferences, to "adjudicate" rather than to "legislate." Second, they are to reach results that are preferred by or at least acceptable to their communities. The first ideal requires judicial independence and job security. Elective judgeships are sometimes defended as serving the second. We have gone through a third public examination of a Supreme Court nominee in which the Senate and the public considered it important to question the nominee about his views of the major issues …
Section 1983 And The Collateral Source Rule, Linda L. House
Section 1983 And The Collateral Source Rule, Linda L. House
Cleveland State Law Review
This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …
Legal Malpractice In Ohio, John C. Nemeth
Legal Malpractice In Ohio, John C. Nemeth
Cleveland State Law Review
This article will discuss the fundamentals of a legal malpractice case, specifically addressing two areas. The first involves the elements of a legal malpractice case. This discussion will expose two problems that continually appear in legal malpractice litigation: (1) expanding the liability of an attorney to third parties, and (2) determining whether the alleged malpractice was the proximate cause of the plaintiff's injuries. The second area of discussion will focus on the time limitations imposed for bringing a legal malpractice action. Additionally, in order to better understand the current state of the law, a brief discussion illustrating the historical development …
Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed
Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed
Cleveland State Law Review
It appeared at the Justice Mission Conference that there was general consensus on several matters. First, there seemed to be considerable support for "bringing more doses of reality into the classroom." Second, many faculty wished to encourage a greater sense of professional service among their students. Third, a good number of criminal justice section members observed that capital case decisions of the United States Supreme Court were fine vehicles for class discussion of essential issues. In keeping with these views, I have concluded that I will once again include in my upcoming seminar course an opportunity for students to assist …
Law Schools Should Be About Justice Too, Henry Rose
Law Schools Should Be About Justice Too, Henry Rose
Cleveland State Law Review
Millions of low and middle-income Americans face legal problems every day. Most cannot afford an attorney. What is remarkable about these legal problems is that they are ignored by legal educators. American law schools, the training ground for our lawyers, do not focus on the civil legal problems of low and middle income persons. American law students are taught to focus on the legal problems of persons or entities able to pay for legal services. Not only are the common legal problems of Americans not studied in our law schools, the maldistribution of legal services in the society is barely …
Nurturing The Impulse For Justice, Lynne Henderson
Nurturing The Impulse For Justice, Lynne Henderson
Cleveland State Law Review
By dwelling on doctrine and appellate case analysis we too often lose sight of the underlying assumptions behind the law and the social consequences of the law. By doing so we fail to give students even a glimmer of understanding as to what they need to know to fight injustice effectively. We spend much classroom time rationalizing the real and evading difficult questions of social justice. We do almost nothing to help our students develop any sense of justice or injustice or ways of identifying how the law produces justice and injustice. Let me work through an example of how …
An Agenda For Social Justice Through Law, Norman Dorsen
An Agenda For Social Justice Through Law, Norman Dorsen
Cleveland State Law Review
It will not surprise many of you that, in defining social justice, I start from the policies of the ACLU. These value free expression, religious liberty, separation of church and state, due process, privacy, and the fair treatment of those that need special protection such as people with disabilities, poor people, gay people, nonwhite people, and women. In general, that is what I have in mind when I think about social justice. But the topic today is the agenda for social justice through law. We are not talking about theory or doctrine, but action. The title of this conference, "The …
Building Bridges Between Theory And Practice, Scholarship And Activism, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Scholarship And Activism, Elizabeth M. Schneider
Cleveland State Law Review
The recent events of the last few weeks, the Senate Judiciary Committee hearings concerning Anita Hill's allegations of sexual harassment against Clarence Thomas, and Clarence Thomas' confirmation to the Supreme Court, have shaken the nation and I'm sure all of us in this room. These events underscore the urgency and challenge of the justice mission of legal education. In these remarks, I will briefly explore a critical dimension of this mission, the building of bridges between theory and practice, scholarship and activism, in American legal education. Our presence here signifies our commitment to the idea that law schools have a …
The Justice Mission And Mental Health Law, Steven R. Smith
The Justice Mission And Mental Health Law, Steven R. Smith
Cleveland State Law Review
Mental health law's concern with justice, so much a part of the discussion of civil commitment, the insanity defense and other traditional mental health subjects, has been a neglected subject in one important area. Malpractice claims against mental health professionals commonly are slow, expensive and embarrassing for the professional and the injured. Processing these claims creates great stress on plaintiffs and defendants alike. The legal system has been insensitive to the harm it inflicts on mental health patients who pursue malpractice claims. Too often even patients' lawyers have also ignored the potential for harm. Because the current system conflicts with …
Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani
Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani
Cleveland State Law Review
Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …
The Justice Mission Of American Law Schools, David Barnhizer
The Justice Mission Of American Law Schools, David Barnhizer
Cleveland State Law Review
Justice has been seen by many scholars as a premise about which much can be said but virtually nothing either proved or disproved through the application of the methodologies that provide the grounding for science. While justice is undeniably representative of a slippery and evasive set of concepts, it paradoxically reflects the fundamental values of Western society without which we cannot hold together the thin tissue of political organization that we call the "Rule of Law." As is described in the latter part of this article, justice is in fact a simple meta-principle, one about which we need not be …
The Distinction Between Lawyers As Advocates And As Activists; And The Role Of The Law School Dean In Facilitating The Justice Mission, James Douglas
The Distinction Between Lawyers As Advocates And As Activists; And The Role Of The Law School Dean In Facilitating The Justice Mission, James Douglas
Cleveland State Law Review
When David Barnhizer invited me to be involved in the Justice Mission conference I jumped at the opportunity; because justice is an issue that is extremely important to me, especially being a person of color in America. In presenting my ideas about the justice mission, I will be talking about two distinct concerns. One is the role of the law school dean in facilitating the justice mission in the law schools. The second is related but applies even more broadly since it draws upon the experiences of lawyers both in their roles as practitioners and as social activists. The point …
Clinical Scholarship And The Justice Mission, Robert D. Dinerstein
Clinical Scholarship And The Justice Mission, Robert D. Dinerstein
Cleveland State Law Review
To many people, the relationship between clinical programs and the justice mission of American law schools is so clear as to be self-evident. These programs may pursue justice on behalf of individual clients or for groups of clients through class-action or other impact litigation. Moreover, clinical teachers frequently discuss with their students the need for the latter to serve justice in their legal careers, whether as the principal focus of their legal work or through pro bono publico activities. Indeed, for many law students, the law clinic may be the only place in which concerns about justice are discussed and, …
Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard
Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard
Cleveland State Law Review
I currently direct the homelessness unit at Greater Boston Legal Services after having been a welfare lawyer for fifteen years. When I first started teaching at Harvard about six years ago, I taught a course on Welfare Law. There is a value in teaching homelessness law as a discrete topic rather than lumping it under the traditional topics of welfare law or housing law. Initially, when I started teaching at Harvard, my goal was to impress the students with the fact that a poverty law subject like Welfare Law was as complicated doctrinally as anything else that they might learn. …
Striking The Balance In Contract History, Joel Levin, Banks Mcdowell
Striking The Balance In Contract History, Joel Levin, Banks Mcdowell
Cleveland State Law Review
The past three decades have seen an enormous amount of writing by Anglo-American scholars about contract theory. If nothing else, this demonstrates the almost universal perception that there are serious problems with the received theory of contract, the product of giants like Holmes, Williston, Cardozo and Corbin. This theoretical activity, instead of creating a new paradigm, has produced divergent theoretical approaches with various bands of scholars striking off in quite different directions, and in the process leaving most judges and lawyers back at the starting point. What should we be trying to do when we build a contract theory for …
Challenging Injustice: A Dedication To Bob Mckay, Norman Redlich
Challenging Injustice: A Dedication To Bob Mckay, Norman Redlich
Cleveland State Law Review
In viewing the agenda for this conference, Bob McKay, as a chronicler of justice, might sound some words of caution. First, I know he would point out that the starting point for achieving the justice mission of American law schools is with the law professor. Second, while I note that one workshop is devoted to the topic, "The Justice Mission of the Legal Profession," I fail to observe a session devoted to a topic that was of deep concern to Bob McKay, namely, the justice mission of the law professor within the legal profession. Third, it is not sufficient for …
The Justice Mission Of The Law Schools, Linda Greene
The Justice Mission Of The Law Schools, Linda Greene
Cleveland State Law Review
A Conference on the Justice Mission of the Law Schools is timely, and Martin Luther King, Jr.'s words about being “a drum major for justice” offer to us a vision of that mission. They demand that we reexamine the role of the law school to determine whether we have taken into account the question of justice while ordering our institutional priorities. The title of this conference implicitly asks whether we can continue to reproduce legal culture without evaluating the impact of that culture on both the powerful as well as the powerless. Legal educational institutions cannot right all historical wrongs …
Bad News, Good News: The Justice Mission Of U.S. Law Schools, Haywood Burns
Bad News, Good News: The Justice Mission Of U.S. Law Schools, Haywood Burns
Cleveland State Law Review
I attempt to address what is wrong with law schools and how to fix it. First of all, with respect to the issue of the justice mission, one of the things that is wrong is that most law schools do not even recognize they have a mission. Secondly, there is the issue of what gets taught in the curriculum. Furthermore, the justice mission calls for us to reexamine the way in which we approach the question of admissions. The question not only whom do we teach but who teaches is also of great concern to us. How we teach has …
The Justice Of Life And Death: Problems And Perspectives In Teaching Capital Punishment Law, Victor Streib
The Justice Of Life And Death: Problems And Perspectives In Teaching Capital Punishment Law, Victor Streib
Cleveland State Law Review
Please use this brief sketch to think along with me as I struggle with my continuing problems in teaching an upper-level law school course on capital punishment. Although I have been teaching it for six years, I continue to have serious doubts about my ability to do it. If I can intrigue you enough with my quandary, maybe I can squeeze out of our encounter a few insights to allow me to do better, or at least to keep me searching for answers. In return, maybe I can suggest some limitations on the justice mission of law faculty. Should the …
Research And The Justice Mission Of Law Schools, Mark Tushnet
Research And The Justice Mission Of Law Schools, Mark Tushnet
Cleveland State Law Review
There are some obvious things to say about research and the justice mission of law schools, and many other contributors to this discussion have said them. For example, jurisprudence lies at the core of the classical legal curriculum, and-at least in the contemporary law school-definitions of justice are part of the jurisprudence syllabus. Because the concept of justice is not self-defining, conceptual inquiry into the meaning of justice, a traditional mode of legal research, is recurrently needed. In this way, research is tightly linked to the justice mission of law schools. In this piece, I move from global concerns--jurisprudence in …
Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender
Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender
Cleveland State Law Review
The traditional required first-year law school curriculum transmits powerful hidden messages. The hidden messages contained within this required core tell students what is most important for all lawyers to know. I am going to suggest a proposed required first year curriculum as a heuristic model for examining hidden messages in curricula generally. The proposed curriculum tells students from the day they receive their registration packets that issues of justice, truth, equality and freedom are important to all lawyers. By the organization of the curriculum, we tell them that these values (or their absence) animate doctrine and process, rather than the …
The Spirit Of Justice, Henry Ramsey Jr.
The Spirit Of Justice, Henry Ramsey Jr.
Cleveland State Law Review
This "Justice Mission" conference is organized around a topic that is of great importance throughout the world. I underscore throughout the world. The American Bar Association, with the lead being taken in part by the Section of Legal Education and Admission to the Bar, is engaged in what is known as the Central and Eastern European Law Initiative (CEELI). This is an attempt to work with law schools, law teachers and law administrators in the countries of Central and Eastern Europe; to bring to them the benefits of the American legal educational system as they attempt to deal with the …
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Cleveland State Law Review
This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Cleveland State Law Review
UAW v. Johnson Controls, Inc., recently decided by the United States Supreme Court, has resulted in what one commentator described as "[t]he strongest and most important sex-discrimination victory in nearly 30 years." As a result of the decision, employers can no longer bar women from hazardous jobs through fetal-protection policies, except under the most extreme and narrow circumstances. This legal victory for women in the workplace, however, has seriously impacted the debate over the protection of fetal health and safety. The Supreme Court, in a seemingly encore presentation of Roe, again overlooked the harm facing the unborn child in Johnson …
Teaching About Justice And Social Contributions, Talbot D'Alemberte
Teaching About Justice And Social Contributions, Talbot D'Alemberte
Cleveland State Law Review
I have tried to state, in very brief outline, my case that the law schools and the large law firms have thrived on the “Paper Chase” model and that they are not fulfilling the mission which I will, without apology, call the seminary mission. They are not teaching us about justice. Each of us is at this conference because we are concerned with the way legal education operates today and most of us believe that it can be improved. Before this is over, I hope you design a grand agenda for change and I feel privileged to help begin that …