Law Commons^™

Protecting The Guild Or Protecting The Public? Bar Exams And The Diploma Privilege, Milan Markovic

Faculty Scholarship

The bar examination has long loomed over legal education. Although many states formerly admitted law school graduates into legal practice via the diploma privilege, Wisconsin is the only state that recognizes the privilege today. The bar examination is so central to the attorney admissions process that all but a handful of jurisdictions required it amidst a pandemic that turned bar exam administration into a life-or-death matter.

This Article analyzes the diploma privilege from a historical and empirical perspective. Whereas courts and regulators maintain that bar examinations screen out incompetent practitioners, the legal profession formerly placed little emphasis on bar examinations …

Survey Says--How To Engage Law Students In The Online Learning Environment, Andrele Brutus St. Val

Articles

The pandemic experience has made it clear that not everyone loves teaching or learning remotely. Many professors and students alike are eager to return to the classroom. However, our experiences over the last year and a half have also demonstrated the potentials and possibilities of learning online and have caused many professors to recalibrate their approaches to digital learning. While the tools for online learning were available well before March of 2020, many instructors are only now beginning to capitalize on their potential. The author of this article worked in online legal education before the pandemic, utilizing these tools and …

From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen

Faculty Publications

In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that appeared in a symposium edition of the Berkeley Women’s Law Journal. Since then, Black women and women of color have published articles and books about their experiences with presumed incompetence, outsider status, and silence. The story of Black women in the legal …

Future In Law? A Profile Of Graduating College Seniors Interested In Legal Education And Careers, Accesslex Institute

AccessLex Institute Research

The recent decline in law school applicants is well-documented. Despite a slight increase in 2018, the number of law school applicants remains substantially lower than levels observed prior to 2011. This decrease in the demand for legal education presents an opportunity to better understand the pathway to law school and the formation of interest in pursuing a law degree or career.

The American Association of Law Schools pioneered inquiry in this area with their groundbreaking study, Before the JD: Undergraduate Views on Law School, which surveyed undergraduates from 25 four-year institutions and first-year law students from 44 law schools, …

Using Transactional Practice Competitions To Introduce Students To Key Deal-Making Skills, Ted Becker, Eric Zacks

Articles

Law school moot court competitions are everywhere. That is a bit of an exaggeration, to be sure, but not by much. At last count, students with an interest in litigation had more than 60 interschool appellate advocacy competitions to choose from, ranging in topics from admiralty to space law to veterans law. Toss in trial advocacy competitions, and the number of opportunities to hone litigation skills increases significantly. And seemingly every law school has its own intraschool litigation competitions, ranging from part of a 1L legal writing program to school-wide appellate advocacy competitions whose final rounds attract prominent judges or …

In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey Baker, Christine Cerniglia, Davida Finger, Luz Herrera, Jonel Newman

Articles

No abstract provided.

Distance Legal Education: Lessons From The *Virtual* Classroom, Jacqueline D. Lipton

Articles

Abstract

In the 2018-2019 revision of the American Bar Association (ABA) Standards and Rules of Procedure for Approval of Law Schools, the ABA further relaxed the requirements relating to distance education in J.D. programs. However, outside of a handful of schools that have received permission to teach J.D. courses almost entirely online, most experiments in distance legal education have occurred in post-graduate (i.e. post-J.D.) programs: LL.M. degrees, and various graduate certificates and Master’s degrees in law-related subjects. These programs can be taught completely online without requiring special ABA permission.

This essay reflects on the author’s experiences over a number of …

Access To Law Or Access To Lawyers? Master's Programs In The Public Educational Mission Of Law Schools, Mark Burge

Faculty Scholarship

The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as a master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer master’s …

The Increasing Reliance On Educational Loans By University Of Michigan Law School Graduates, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Among graduates of the University of Michigan Law School in the classes of 1970 through 1979, about half borrowed to pay for their college or legal education. By the early 1980s the portion who borrowed had risen to about 80 percent and has remained at that level through the classes of early twenty-first century. Even greater growth has occurred in the average debt of those who incurred debt. In actual dollars, average debts among those with debt have increased twenty-fold from the 1970s to the early 2000s. Even in CPI-adjusted dollars, average debts have tripled. By the classes of 2000-2001, …

Retirement, Partial Retirement, And Working Into Old Age: Michigan Law School Graduates 45 Years Out Of Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

In 1966, the University of Michigan Law School began an annual survey of selected classes of its graduates. For the first few decades of the survey, only the graduating classes five and fifeen years out of law school were included in the survey. Beginning in 1997, graduates 25, 35, and 45 years out of law school were added. This memorandum focuses primarily on surveys conducted between 1997 and 2006 of the living graduates of the classes of 1952 through 1961, who had by then been out of law school for 45 years. After 45 years, the great majority were 69 …

The Effects Of Educational Debts On Career Choices Of Graduates Of The University Of Michigan Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

In 1966, the University of Michigan Law School began an annual survey of selected classes of its graduates. Beginning in the early 1980s, annual surveys of those five and fifteen years after law school included questions about educational debts incurred during college and law school as well as about career plans at the beginning and end of law school and actual job held in the years since law school. This paper, written in 2009, examines the possible effects of debts on career decisions and job choices made before, during and after law school by the graduating classes of 1976 through …

Finding A Mentor In The Practice Of Law: An Empirical Inquiry, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For many years the University of Michigan Law School has surveyed its graduates after they have been out of law school five, fifteen, twenty-five, thirty-five and forty-five years. This paper about finding mentors focuses on Michigan Law School alumni surveyed five years after graduation during the sixteen year period between 1985 and 2000 and particularly on those who have ever worked in a private law firm, a setting in which it is commonly believed that having a mentor is critical for a young lawyer’s success.

Our central findings are these: Among alumni who had worked in a law firm within …

Women And Men Graduates Of The University Of Michigan Law School: Career Patterns And Adjustments For Children, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The University of Michigan Law School conducted mail surveys of classes of its alumni each year from 1966 and 2006. This memorandum builds upon the mail surveys conducted through 2006 and in particular survey questions asked about the sex of the respondent, the settings in which they have worked since law school, the hours they work and their earnings in their current settings, whether they have children and the various adjustments they have made in order to care for children, such as working part-time or leaving the work force altogether for periods of time. The memorandum has two principal focuses: …

Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto

Articles

Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In …

Law School Leadership And Leadership Development For Developing Lawyers, Louis D. Bilionis

Faculty Articles and Other Publications

A growing number of legal educators are calling for greater attention to leadership development as an element of legal education at American law schools. Some make the case directly in the name of leadership education. Others see leadership development as part of a broader law school responsibility to provide purposeful support for students in the formation of their professional identity. For yet others, development of leadership skills figures in a law school’s appropriate commitment to the professionalism, professional development, or wellness of its students. These educators, though employing different locutions, constitute a “coalition of the willing” – law school faculty …

After Graduate And Professional School: How Students Fare In The Labor Market, Sandy Baum, Patricia Steele

Commissioned Research

This brief explores employment and earnings outcomes among advanced degree recipients. Examining these outcomes across degree, occupational and demographic categories paints a nuanced picture of the payoffs of graduate and professional education. This information is critical for prospective students and others seeking to assess the value of these degree programs.

The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn

Articles

In recent years, the bar has expressed dissatisfaction with what is considered by some to be inadequate preparation of law students to begin practicing law immediately after graduation. There are several reasons why this has become a matter of concern for the legal profession. The profession itself has undergone significant changes. Although there are a few exceptions, most law firms no longer wish to spend time training their young associates or allowing them much time to develop the skills they need. First, clients are unwilling to pay for the time a young lawyer spends in acquiring needed skills. Second, the …

Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart

Publications

No abstract provided.

Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky

Articles

Since 2015, Legal Practice faculty have partnered with local legal services organizations and the law school’s own clinics to provide our 1L students with client interaction, under the close supervision of experienced attorneys. So far, our students have worked with the Michigan Immigrant Rights Center, Legal Services of South Central Michigan, and the school’s Unemployment Law Clinic.

Law As Instrumentality, Jeremiah A. Ho

All Faculty Scholarship

Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …

Book Review. Glass Half Full: The Decline And Rebirth Of The Legal Profession By Benjamin H. Barton, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Newsroom: National Law Journal On Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/national-law-journal-rwu-law

Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.

Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Eliza Vorenberg, Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Lisa Bliss, Robin Boyle, Conrad Johnson, Susan Schechter, David Udell

Faculty Scholarship

This chapter of Building on Best Practices: Transforming Legal Education in a Changing World has contributions from many authors:

• Section A, Professional Identity Formation, includes:
  • Teaching Knowledge, Skills, and Values of Professional Identity Formation, by Larry O. Natt Gantt, II & Benjamin V. Madison III,
  • Integrating Professionalism into Doctrinally-Focused Courses, by Paula Schaefer,
  • Learning Professional Responsibility, by Clark D. Cunningham, and
  • Teaching Leadership, by Deborah L. Rhode.
• Section B, Pro Bono as a Professional Value, is by Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Susan Schechter, David S. Udell & Eliza Vorenberg.
• Section C, The Relational Skills of the …

Lawyers And Spoiled Identity, Paul Campos

Publications

No abstract provided.

Legal Academia And The Blindness Of The Elites, Paul Campos

Publications

No abstract provided.

Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples

Articles

In the summer of 2012, transactional law clinics from three U.S. law schools: George Washington University; Georgetown University; and the University of Michigan launched a collaboration to serve a common client — Ashoka, a global nonprofit organization that supports close to 3,000 social entrepreneurs across 76 countries. While clinic collaborations within universities happen occasionally, clinic collaborations across universities are unusual. This essay focuses on the motivations, operations, lessons, and next steps of this cross-university, clinical collaboration aimed at advancing social entrepreneurship globally. Specifically, this essay examines why the collaboration was launched, how the collaboration is structured, what the collaboration offers …

Satisfaction In The Practice Of Law: Findings From A Long-Term Study Of Attorneys' Careers, U. Of Mich. Public Law Research Paper No. 330. (2013), David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For forty years beginning in the late 1960s, the University of Michigan Law School conducted annual surveys of its alumni. The project included fifty successive graduating classes, with all but the most recent classes surveyed more than once. Over thirteen thousand alumni participated. Over the forty years, American legal education and the American legal profession underwent huge changes. When the study began, there were almost no women or minority students at Michigan and very few in the country as a whole. The vast majority of all students and lawyers were white and male. By the end, white men constituted far …

The Future Of Legal Education Reform, James E. Moliterno

Scholarly Articles

The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.

Using A Cultural Lens In The Law School Classroom To Stimulate Self-Assessment, 48 Gonz. L. Rev. 365 (2013), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

The American Bar Association is exerting pressure on United States law schools to improve teaching effectiveness by shifting the evaluation of student learning away from input measures to focus upon output-based assessments. Yet, many legal educators appear to be resistant to and fearful of change, in part, perhaps, due to their comfort with teaching methods such as the Socratic or case-dialogue approach, which demands little accountability for teaching effectiveness and provides more time for the pursuit of the traditional goals of scholarly productivity. This method of teaching as currently utilized in law schools is also innately professor-centric performance art. The …