Law Commons^™

"Of Law And The River," And Of Nihilism And Academic Freedom, Peter Martin, Robert Gordon, Paul Carrington, Paul Brest, Phillip Johnson, William Van Alstyne, Guido Calabresi, Owen Fiss

Phillip Johnson

No abstract provided.

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

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 …

The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann

Adam Lamparello

Skin color and diversity are not synonymous, and race provides no basis upon which to stereotype individuals or groups, regardless of whether the reasons are malevolent or benign.

Affirmative action policies in higher education should focus on the things that individuals have overcome, not the traits that individuals—and groups—cannot change. Currently, the opposite is true, as such policies typically equate racial diversity with educational diversity, thereby precluding consideration of factors such as family and personal background, life experience, and the overcoming of adversity that would result in true educational diversity. This is not to say that race is irrelevant, …

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

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

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 …

Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, Barbara P. Billauer Esq

barbara p billauer esq

Abstract: With ‘novel’ scientific discoveries accelerating at an unrelenting pace, the need for accessible and implementable standards for evaluating the legal admissibility of scientific evidence becomes more and more crucial. As science changes, legal standards for evaluating ‘novel’ science must be plastic enough to respond to fast-moving changes. This, ostensibly, was the Daubert objective. Since it was decided in 1993, however, Daubert’s impact has been hotly contested -- with plaintiffs and defendants each claiming the decision unfairly favors the other side. New approaches are constantly suggested to deal with the perceived impact, although there is no uniform consensus of exactly …

Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello

Adam Lamparello

To obtain a meaningful educational experience and achieve the benefits of a diverse student body, students should confront beliefs they find abhorrent and discuss topics that bring discomfort. As it stands now, universities are transforming classrooms and campuses into sanctuaries for the over-sensitive and shelters for the easily-offended. In so doing, higher education is embracing a new, and bizarre, form of homogeneity that subtly coerces faculty members and students into restricting, not expressing, their views, and creating a climate that favors less, not more, expressive conduct. This approach undermines First Amendment values and further divorces higher education from the real …

Introduction, A Conversation With Supreme Court Justice Elena Kagan, Sharon Beckman

Sharon Beckman

No abstract provided.

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

Anthony S. Niedwiecki

No abstract provided.

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

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

Jon L. Mills

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

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

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 Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm

Adam Lamparello

For too long, academic support programs have been viewed as the unwanted stepchild of legal education. These programs have existed in the dark shadows of legal education, reserved for students deemed “at risk” for satisfactorily completing law school or successfully passing the bar examination, and focused on keeping students above the dreaded academic dismissal threshold. The time has arrived for the remedial – and stereotypical – character of academic support to meet its demise, and to be reborn as a program that helps all students to become better lawyers, not just better law students.

In this article, we propose a …

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

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

Trevor J Calligan

No abstract provided.

Cali Lesson - Ohio Citation, Rebecca Mattson, Carolyn Broering-Jacobs

Rebecca A. Mattson

This lesson teaches Ohio citation as governed by the Supreme Court of Ohio's recently published guide, Writing Manual: A Guide to Citations, Style and Judicial Opinion Writing (the "Writing Manual"). This lesson covers only the material contained in part I of the Writing Manual, which the lesson will refer to as the Citation Manual.

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.

Toward A Writing-Centered Legal Education, Adam Lamparello

Adam Lamparello

The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent about …

Webex From An Instructor's Perspective, Jennifer Mart-Rice, Terri Iacobucci, Jaesook Gilbert

Jennifer Mart-Rice

No abstract provided.

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 …

, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta

Jeffrey A. Van Detta

This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about "law schools of the future":

“Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.”

This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education, …

The End Of Law Schools, Ray W. Campbell

Ray W Campbell

What would legal education look like if it were designed from the ground up for a world in which legal services have undergone profound and irreversible change? Law schools as we know them are doomed. They continue to offer an educational model originally designed to prepare lawyers to practice in common law courts of a bygone era. That model fails to prepare lawyers for today’s highly specialized practices, and it fails to provide targeted training for the emerging legal services fields other than traditional lawyering.

This article proposes a new ideology of legal education to meet the needs of modern …

Experiential Education And Our Divided Campuses: What Delivers Practice Value To Big Law Associates, Government Attorneys, And Public Interest Lawyers?, Margaret E. Reuter, Joanne Ingham

Margaret E. Reuter

How will law schools meet the challenge of expanding their education in lawyering skills as demanded from critics and now required by the ABA? This article examines the details of the experiential coursework (clinic, field placement, and skills courses) of 2,142 attorneys. It reveals that experiential courses have not been comparably pursued or valued by former law students as they headed to careers in different settings and types of law practice. Public interest lawyers took many of these types of courses, at intensive levels, and valued them highly. In marked contrast, corporate lawyers in large firms took far fewer. When …

Interactive Group Learning In The Legal Writing Classroom: An International Primer On Student Collaboration And Cooperation In Large Classrooms, Roberta Thyfault, Kathryn Fehrman

Kathryn Fehrman

Research has long shown that students who work in small groups learn and retain more than students who are taught by other techniques. This crucial bit of information has led many scholars and educators to explore a variety of models for supporting and involving students in group learning. Part II of this article will provide an overview of the scholarship of collaborative and cooperative learning and the associated definitions and techniques. Part III discusses the application of collaborative and cooperative learning techniques in the law school classroom and special considerations and suggestions for international and large law school classrooms. Finally, …