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Articles 1 - 30 of 134
Full-Text Articles in Law
Alexander Hamilton And Administrative Law: How America's First Great Public Administrator Informs And Challenges Our Understanding Of Contemporary Administrative Law, Rodger D. Citron
Cleveland State Law Review
Alexander Hamilton’s recognition and reputation have soared since the premiere of "Hamilton," Lin-Manuel Miranda’s musical about him in 2015. For lawyers, Hamilton’s work on the Federalist Papers and service as the nation’s first Treasury Secretary likely stand out more than other aspects of his extraordinary life. Politics and economics were fundamental concerns addressed by the Framers in a number of ways, including what we now refer to as administrative law—the laws and procedures that guide government departments (or, as we say today, agencies). Indeed, "Hamilton" reminds us that questions of administration and administrative law have been with us since the …
Beyond Response: Reimagining The Legal Academy's Role In Disaster Recovery And Preparedness, Latisha Nixon-Jones
Beyond Response: Reimagining The Legal Academy's Role In Disaster Recovery And Preparedness, Latisha Nixon-Jones
Cleveland State Law Review
This Article proposes expanding the legal academy’s role in responding to disasters and emergencies, specifically through creating disaster clinics that take a community-based lawyering approach. The Article is one of the first to identify the need for community-based disaster legal clinical education that goes beyond the immediate response phase. It also proposes creating a disaster legal pipeline from the clinic through post-graduation employment. The Article furthers the literature’s discussion of the need for sustained disaster legal education. As the global pandemic caused by COVID-19 coronavirus continues to impact vulnerable populations and the frequency of natural disasters continues to increase, this …
The Role Of Law In U.S. History Textbooks, Russ Versteeg
The Role Of Law In U.S. History Textbooks, Russ Versteeg
Cleveland State Law Review
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Cleveland State Law Review
2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and outdated reality, the legal academy has been reluctant to alter the traditional method of teaching. Tangible, empirical evidence obtained from data-driven cognitive learning science research demonstrates that active learning not only improves learning outcomes for all students, but also mitigates the structural effects of racism in the classroom thereby increasing racial …
From Governance To The Classroom: Rethinking Large-Scale School Reform To Improve Educational Opportunity And Equity, Benjamin M. Superfine Phd, Mark Paige Phd
From Governance To The Classroom: Rethinking Large-Scale School Reform To Improve Educational Opportunity And Equity, Benjamin M. Superfine Phd, Mark Paige Phd
Cleveland State Law Review
For decades, governmental institutions have focused on improving and equalizing the educational opportunities for students. Courts, legislatures, and chief executive officers at federal and state levels have spearheaded a range of large-scale educational reform efforts, including desegregation, school finance reform, educational improvement for students with disabilities, charter schools, and standards-based accountability systems. However, many assessments of these efforts reflect limited or mixed success. This Article takes a bird’s-eye view examination of not simply why a single type of educational reform has failed to reach its goals in a particular area, but instead at why such efforts have failed to reach …
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Cleveland State Law Review
This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Cleveland State Law Review
Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …
Consumer Law Immersion, Kevin M. Mcdonald, Karl Hochkammer, Steven Wernikoff
Consumer Law Immersion, Kevin M. Mcdonald, Karl Hochkammer, Steven Wernikoff
Global Business Law Review
As part of Washington University School of Law’s (WashULaw) Online Master of Legal Studies (MLS) program, students attend optional weekend immersion courses at the law school in St. Louis in both the spring and fall. We recently taught a course on consumer law over the spring 2018 weekend session held on March 23-25, 2018. In attendance were twenty-two students, most of whom were enrolled in the MLS program. Several were foreign lawyers and one was an LL.M. student. This article summarizes our three-day experience and concludes with our key learnings that incorporate feedback we received from students both during and …
"The Millennials Are Coming!" : Improving Self-Efficacy In Law Students Through Universal Design In Learning, Jason S. Palmer
"The Millennials Are Coming!" : Improving Self-Efficacy In Law Students Through Universal Design In Learning, Jason S. Palmer
Cleveland State Law Review
The Millennial generation has arrived in law school. This new generation of self-confident and extremely high achieving learners merits a new interdisciplinary approach to legal education. Some institutions have explored formative assessments and regulated self-learning to improve academic success. Other universities have looked to universal design, specifically universal design in learning or universal design in instruction, as a mechanism for furthering educational goals for their students. All agree that a lack of self-efficacy can prevent Millennial students from overcoming challenges in their educational growth, and that high self efficacy, the ability to put forth effort and persistence to successfully accomplish …
Law Students Who Learn Differently: A Narrative Case Study Of Three Law Students With Attention Deficit Disorder (Add) , Leah M. Christensen
Law Students Who Learn Differently: A Narrative Case Study Of Three Law Students With Attention Deficit Disorder (Add) , Leah M. Christensen
Journal of Law and Health
More law students than ever before begin law school having been diagnosed with a learning disability. As legal educators, do we have an obligation to expand our teaching methodologies beyond the typical law student? What teaching methodologies work most effectively for law students with learning disabilities? The purpose of this study was to examine the perceptions of law students with Attention Deficit Disorder (ADD) about their law school experience. The case study yielded four themes relating to the social, learning and achievement domains of the students.First, law students with ADD experienced feelings of isolation in law school; second, the more …
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Cleveland State Law Review
This Article will examine whether the expansion of required LRW courses into the realm of transactional drafting is justifiable. Part II will assess the need for required transactional drafting instruction by showing, empirically, that many students lack a disposition towards litigation or have an affirmative inclination towards non-litigation work. This Part includes both a quantitative and qualitative analysis of the issue: It includes a survey of nearly one-thousand first-year law students nationwide and a set of questions and responses from a number of law students who self-identified as future transactional lawyers but who were members of traditional litigation-centric LRW courses. …
Too Long Neglected: Expanding Curricular Support For Public Interest Lawyering, Louis S. Rulli
Too Long Neglected: Expanding Curricular Support For Public Interest Lawyering, Louis S. Rulli
Cleveland State Law Review
In short, as the academy sends more students than ever to corporate law firms, law schools need to do more to cultivate, nourish, and prepare the next generation of public interest lawyers. By making public interest lawyering more prominent in the curriculum, and offering students greater opportunity to work with faculty and students of similar interest on public interest issues, the academy can take an important step forward toward helping students overcome feelings of isolation and survive the formidable obstacles that discourage public interest careers. This article describes one such course, Lawyering in the Public Interest, which is offered as …
Ariadne's Thread: Leading Students Into And Out Of The Labyrinth Of The Rule Against Perpetuities , Maureen E. Markey
Ariadne's Thread: Leading Students Into And Out Of The Labyrinth Of The Rule Against Perpetuities , Maureen E. Markey
Cleveland State Law Review
This Article focuses partly on my own approach to teaching the Rule Against Perpetuities, but it addresses the approaches of others based on the survey responses. Although I have developed a method that works fairly well for my classes, I am always open to suggestions from others for modifying and improving that approach. Of course, a single method, no matter how good it appears to be, will not work for everyone. Therefore, I have incorporated a number of approaches into this Article so that those wanting to develop or improve their teaching of the Rule can pick and choose among …
Situating Thinking Like A Lawyer Within Legal Pedagogy , David T. Butleritchie
Situating Thinking Like A Lawyer Within Legal Pedagogy , David T. Butleritchie
Cleveland State Law Review
The phrase "thinking like a lawyer" maintains as much relevance to today's legal academy as it ever has. In the face of recent criticism that the ideas connected with the concept of "thinking like a lawyer," e.g., the case law method with its focus on the adversarial litigation process, the fact is that legal educators must still teach their students to "think like lawyers." Critics have complained that the narrow focus of this traditional concept unduly restricts the ability of law students to develop refined analytical and practical skills which go beyond the adversarial context. In one sense these critics …
What We're Not Telling Law Students - And Lawyers - That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger
What We're Not Telling Law Students - And Lawyers - That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger
Journal of Law and Health
Part I of this article sets forth a generally encouraging set of propositions about student and attorney life that I have found to be true. If they are, law students and lawyers need to hear them repeatedly. They collectively represent an approach to life and law which, to the extent it is internalized, can increase life satisfaction, raise standards of professional behavior, and relieve many of the kinds of distress that law students and lawyers are prone to experience. Some students seem to bring much of this information with them to law school years and after, do not lose sight …
Development Of A Criminal Law Clinic: A Blended Approach, Norman Fell
Development Of A Criminal Law Clinic: A Blended Approach, Norman Fell
Cleveland State Law Review
Traditionally law schools have viewed the study of law as an academic science with the development of theoretical skills and methodology being the objective of a legal education. There are legal educators who believe that a curriculum teaching the traditional model is the school's exclusive role and that the professional skills and values associated with the practice of law are more properly acquired by the emerging lawyer in post-graduation settings. This article discusses how the traditional law school curriculum is changing. Section II lays out the historical perspective of practical legal education, and then Section II discusses how this is …
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 …
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. …
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 …
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. …