Law Commons^™

Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis

Scholarly Works

I have a confession: I have only watched Season 1 of The Wire, and it has been many years since I did that. Thus, both my knowledge and pedagogical use of the show are limited. What explanation can I offer for my failings? I am a Maryland native with family who resides in Baltimore City, or Charm City as it is affectionately called. I worked for several years as an assistant federal public defender in Baltimore City. Over time, I have seen the city evolve, and I have seen it chew up and spit out many good people and some …

Law School Training For Licensed 'Legal Technicians'? Implications For The Consumer Market, Elizabeth Chambliss

Faculty Publications

In January 2014, the ABA Task Force on the Future of Legal Education released its report calling, among other things, for limited licensing and the expansion of independent paraprofessional training by law schools. In Washington State, all three law schools are collaborating with community college paralegal programs to design and deliver specialized training for “Limited License Legal Technicians” (LLLTs), who will be licensed to deliver limited family law services beginning in 2015. At least three other states, including California and New York — which together contain nearly twenty-six percent of U.S. lawyers and seventy-six law schools — are actively seeking …

Teaching First-Year Law Students To Read So Carefully That They Discover A "Mistake" In A Judicial Opinion, Jane Bloom Grisé

Law Faculty Popular Media

In this column for The Learning Curve, Professor Grisé discusses how to teach critical reading skills to first-year law students.

The Courage Of Law Students, Rachel A. Van Cleave

Publications

The beginning of a new year is a time for resolutions, resolve and optimism. Thus, it is fitting that the annual meeting of the Association of American Law Schools meets at the beginning of the year. This year, law school deans, faculty and staff gathered to discuss the theme "Looking Forward: Legal Education in the 21st Century." Given the significant challenges facing law schools and the legal profession, many of the sessions focused on how law schools can better support, train and prepare students to ensure that they have fulfilling careers. Many sessions explored at a deeper level how our …

The Kids Aren’T Alright: Rethinking The Law Student Skills Deficit, Rebecca Flanagan

Faculty Publications

This article examines empirical research on the changes in undergraduate education since the 1960’s and discusses the challenges facing law schools admitting underprepared students.

Beg, Borrow, Or Steal: Ten Lessons Law Schools Can Learn From Other Educational Programs In Evaluating Their Curriculums, Debra Curtis

Faculty Scholarship

INDISPUTABLY, LAW SCHOOLS are under attack.' Because of concerns about the legal field and legal education's responsibility in the crisis of new graduates without jobs, law schools are clamoring to respond by seeking and working toward curriculum change. Generally, higher education institutions acknowledge a "responsibility to endeavour to prepare graduates who are able to manage and respond effectively to change and its inherent demands challenges and tensions." However, there are questions about law schools' ability to do just that. There have been many years of repeated criticisms of the case method and active discussions regarding curriculum reform.

Public Policy Research & Drafting: A Pro Bono And Law Library Collaboration, Tara L. Casey, Suzanne B. Corriell

Law Faculty Publications

As the Carrico Center for Pro Bono Service at the University of Richmond School of Law continued to grow its programs, forays into the areas of public policy and advanced legal research grew as well. for a number of years, our law students volunteered with nonprofit organizations during the General Assembly session, learning firsthand how issues develop into policy, which sometimes then develops into Jaw. This experience required our students to expand their legal research and writing skills beyond the traditional case law and brief writing methods. Furthermore, a growing number of students were interested in pursuing legislative or public …

Curricular Limitations, Cost Pressures, And Stratification In Legal Education: Are Bold Reforms In Short Supply?, Nora V. Demleitner

Scholarly Articles

Many critics of legal education and reformers alike demand "bold reforms," though so far most change seems restricted to haphazard modifications of the curriculum, the hope for quick fixes, and a focus on shedding staff and faculty to balance budgets with a smaller student body. Whether those changes alone amount to bold action, defined as "not afraid of danger or difficult situations; showing or needing confidence or lack of fear; very confident in a way that may seem rude or foolish," is questionable. Curricular changes may merely camouflage or even detract from the crucial need to strategically rethink cost structures, …

And Now A Crisis In Legal Education, James E. Moliterno

Scholarly Articles

The current crisis in legal education coincides with a crisis in the practice of law. Law practice has changed as a result of technology, globalization, and economic pressures. The market for legal education's product, law graduates, have diminished. Law schools cannot remain the same in this environment. Except for a very small number of elite schools, those that do not adjust are at serious risk of failing.

An economic change has taken place against a system in which mostly corporate clients willingly paid for the training of beginners at major law firms. Law firms could absorb those costs if partners …

Surgeons Or Scribes? The Role Of United States Court Of Appeals Law Clerks In "Appellate Triage", Todd C. Peppers, Micheal W. Giles, Bridget Tainer-Parkins

Scholarly Articles

Using original survey data, we explore how federal courts of appeals judges select and use their law clerks—a question that we answered in an earlier article about federal district court clerks. As with that first article, we do not intend to tackle such normative issues as whether courts of appeals law clerks possess too much influence over the judicial process or whether the selection criteria used by these judges is appropriate. What we will present, however, is descriptive data on the criteria that courts of appeals judges use to pick their law clerks as well as the tasks assigned to …

Judicial Assistants Or Junior Judges: The Hiring, Utilization, And Influence Of Law Clerks, Chad Oldfather, Todd C. Peppers

Scholarly Articles

Law clerks have been part of the American judicial system since 1882, when Supreme Court Justice Horace Gray hired a young Harvard Law School graduate named Thomas Russell to serve as his assistant. Justice Gray paid for his law clerks out of his own pocket until Congress authorized funds for the hiring of “stenographic clerks” in 1886. The Gray law clerks, however, were not mere stenographers. Justice Gray assigned them a host of legal and non-legal job duties. His clerks discussed the record and debated the attendant legal issues with Justice Gray prior to oral argument, conducted legal research, and …

Experiential Education As Critical Pedagogy: Enhancing The Law School Experience, Spearit, Stephanie Ledesma

Articles

This article examines the shift to greater experiential education in law school through the lens of critical pedagogy. At its base, critical pedagogy is about devising more equitable methods of teaching, helping students develop consciousness of freedom, and helping them connect knowledge to power. The insights of critical pedagogy are valuable for a fuller understanding of experiential education and its potential to affect students in profound ways, particularly as a means of empowerment. Although this is an understudied area of pedagogical scholarship, power relations are at the heart of legal education. Critical pedagogy offers a frame for considering how experiential …

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Scholarly Works

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …

On Legal Scholarship, Danielle K. Citron, Robin West

Shorter Faculty Works

Academic critics contend that legal scholarship is overly argumentative or too “normative,” simply stating what the law should be, as well as what the law is. It isn’t about pure scholarship’s pursuit of knowledge within the discipline of a recognized academic field. Critics from the bar and the judiciary proffer the opposite complaint: legal scholarship is too academic and not professional enough, enamored with fads, unmoored from any discipline and of little use to the practicing lawyer or sitting judge. Law schools’ legions of cost-conscious critics complain that paying high salaries to professors with low course loads drives up tuitions. …

Adapting To Change In The Legal Profession, Janet Levit, Valerie K. Couch, Joseph Harroz Jr.

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.

Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis

Scholarly Works

I have a confession: I have only watched Season 1 of The Wire, and it has been many years since I did that. Thus, both my knowledge and pedagogical use of the show are limited. What explanation can I offer for my failings? I am a Maryland native with family who resides in Baltimore City, or Charm City as it is affectionately called. I worked for several years as an assistant federal public defender in Baltimore City. Over time, I have seen the city evolve, and I have seen it chew up and spit out many good people and some …

Visions Of The Future Of (Legal) Education, Michael J. Madison

Articles

One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.

Teaching Legal History Through Legal Skills., Howard Bromberg

Book Chapters

I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical skills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without distracting from other approaches, I framed this innovation as teaching legal history not to budding historians but to budding lawyers.