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The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Patricia E. Salkin, Eileen Kaufman, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Deborah Jones Merritt, Judith Welch Wegner Jan 2020

The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Patricia E. Salkin, Eileen Kaufman, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Deborah Jones Merritt, Judith Welch Wegner

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The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Schools and universities have closed throughout much of the country. Businesses have shuttered, and employees are working from home whenever possible. Cities and states are announcing lockdowns in which citizens may leave their homes only for vital errands or exercise.

Medical experts advise that at least some of these restraints will continue for 18 months or more—until a vaccine is developed, tested, and administered widely. It is possible that localities will be able to lift some of these restrictions (such as lockdowns and school closures) intermittently during ...


Diploma Privilege And The Constitution, Patricia E. Salkin, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol L. Chomsky, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Meritt, Judith Wegner, Andrea Curcio Jan 2020

Diploma Privilege And The Constitution, Patricia E. Salkin, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol L. Chomsky, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Meritt, Judith Wegner, Andrea Curcio

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The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.

State Supreme Courts are ...


How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky Jan 2018

How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky

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As a licensing exam, the purpose of the bar exam is consumer protection–-ensuring that new lawyers have the minimum competencies required to practice law effectively. As critics point out, however, the exam, and particularly the multiple-choice question portion of the exam, has significant flaws because it assesses legal knowledge and analysis in an artificial and unrealistic context, and the closed-book format rewards the ability to memorize thousands of legal rules, a skill unrelated to law practice.

This essay discusses how to improve the exam by changing its multiple-choice content and format. We use two law licensing exams to illustrate ...


Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona Jan 2018

Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona

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In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination ...


Transforming Justice, Lawyers And The Practice Of Law, Marjorie A. Silver Jan 2017

Transforming Justice, Lawyers And The Practice Of Law, Marjorie A. Silver

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This is the Preface and Introduction to Transforming Justice, Lawyers and the Practice of Law, an anthology of writings by participants in the Project for Integrating Spirituality, Law and Politics (PISLAP) and others actively engaged in transforming law, legal education and social justice. It showcases the abundant ways in which lawyers, judges, law professors and others are employing more communitarian, peaceful and healing ways to resolve conflicts, plan legal relationships and achieve justice. It is written for lawyers, law professors, law students and others who share similar goals and are eager to learn new ways to practice law and create ...


A Reply To The National Conference Of Bar Examiners: More Talk, No Answers, So Keep On Shopping, Suzanne Darrow Kleinhaus Jan 2017

A Reply To The National Conference Of Bar Examiners: More Talk, No Answers, So Keep On Shopping, Suzanne Darrow Kleinhaus

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In Let the Games Begin: Jurisdiction-Shopping for the Shopaholics (Good Luck With That) Mark Albanese defends the National Conference of Bar Examiners’ grading practices as essential to assuring reliability given the variability in grading between UBE jurisdictions. In addressing the claim that it is possible to achieve different outcomes on the same test by the same candidate if taken in different UBE jurisdictions, he describes how NCBE monitors jurisdiction variation to ensure grading consistency. Those of us concerned, however, with the possibility that the jurisdiction in which a candidate takes the Uniform Bar Examination (UBE) may make the difference between ...


When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley Jan 2017

When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley

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Law students must become adept at understanding how various bodies of law interact-supporting, balancing, and even conflicting with each other. This article describes an attempt to achieve these goals by merging two canonical first-year courses, civil procedure and torts, into an integrated class titled ‘Introduction to Civil Litigation’. Our most pressing motivation was concern that students who study civil procedure and torts in isolation develop a skewed, unrealistic view of how law works in the real world. By combining these courses, we hoped to teach students early in their careers to approach problems more like practicing lawyers, who must deal ...


Ube-Shopping: An Unintended Consequence Of Portability?, Suzanne Darrow Kleinhaus Jan 2016

Ube-Shopping: An Unintended Consequence Of Portability?, Suzanne Darrow Kleinhaus

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Preparing for the Uniform Bar Examination (UBE) may require more than just learning the law; it also means learning in which jurisdiction you should take it. While there is not much that is new about the UBE’s individual components – the Multistate Essay Examination (MEE), the Multistate Performance Test (MPT) and the Multistate Bar Examination (MBE) – what is new is that where you take the UBE may make the difference between passing and failing. This is possible because of the convergence of bar exam test practices of “portability,” “relative grading,” and “scaling” of scores. By adopting the UBE, jurisdictions agree ...


Designing A Solo And Small Practice Curriculum, Meredith R. Miller Jan 2015

Designing A Solo And Small Practice Curriculum, Meredith R. Miller

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There is a reality commonly ignored by the curriculum in most law schools: the largest segment of law graduates will eventually be solo or small firm practitioners. Even before the Great Recession, nearly two thirds of lawyers in the United States practiced in solo or small firms. Since 2008, trends show an increase in the number of recent law graduates that “hang a shingle.” According to a 2012 report of the American Bar Association, about three-quarters of lawyers in the United States work in private practice. Of those attorneys, about seventy percent are in solo or small firms. Many find ...


A Comparison Of The New York Bar Examination And The Proposed Uniform Bar Examination, Suzanne Darrow Kleinhaus, Mary Campbell Gallagher Jan 2015

A Comparison Of The New York Bar Examination And The Proposed Uniform Bar Examination, Suzanne Darrow Kleinhaus, Mary Campbell Gallagher

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The New York Board of Law Examiners (BOLE) proposes adopting the Uniform Bar Exam (UBE), substituting it for the current New York Bar Exam (NYBE). The BOLE proposal is currently under active consideration, and it is the subject of public hearings. This article examines some of the issues the proposal raises. First, we look at the history of the proposal, and at the differences between the UBE and the NYBE as it is currently administered. Then we look in detail at the proposal for New York: a combination of the UBE plus a stand-alone one-hour multiple-choice New York test. Finally ...


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Jan 2014

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

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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 ...


Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele Jan 2014

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

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This article is an edited transcript of an interview with Fred Rooney, currently the Director of the International Justice Center for Post-Graduate Development at Touro Law Center. As the inaugural director of the City University of New York (CUNY) School of Law’s Community Legal Resource Network (CLRN), Mr. Rooney pioneered the first law-school based legal incubator. In this interview he discusses the creation of the CLRN, the evolution and growth of legal incubators, and his experience launching the Community Legal Services Center (Centro Comunitario de Servicios Legales or CECSEL) at the Autonomous University of Santo Domingo (UASD) in the ...


Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik Jan 2014

Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik

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This article was written as part of an ongoing dialog about the author’s previous article, "Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning," which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to an article written by Professor Harvey Gilmore which focuses mostly on the SAT and the LSAT.


Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik Jan 2014

Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik

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This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Richard Delgado’s article, Standardized Testing as Discrimination: A Reply to Dan Subotnik.


Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik Jan 2014

Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik

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This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman’s article, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others.


A More Cost Effective Model For Legal Education, Jack Graves Sep 2013

A More Cost Effective Model For Legal Education, Jack Graves

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In his most recent book, Richard Susskind focuses on three primary drivers of change in the market for legal services: (1) the “more-for-less” challenge; (2) the “liberalization” of the regulatory environment; and (3) the effective use of “information technology.” These same three drivers provide the keys to unlocking a more efficient and effective system of legal education. The price of a legal education must be significantly reduced at the vast majority of law schools, and we must deliver a better education at this reduced price. Together, these two objectives comprise the obvious, yet daunting, “more-for-less” challenge we face as educators ...


An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves Jan 2013

An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves

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The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.


Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik Jan 2013

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

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Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which a test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers.

The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on ...


A Transformational Melancholy: One Law Professor's Journey Through Depression, Marjorie A. Silver Jan 2011

A Transformational Melancholy: One Law Professor's Journey Through Depression, Marjorie A. Silver

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In the fall 2007 issue of the Journal of Legal Education, Professor James Jones shared his deeply personal, remarkable, ongoing, story of living, struggling and succeeding as a law professor with bipolar disorder (James T.R. Jones, Walking the Tightrope of Bipolar Disorder: The Secret Life of a Law Professor, 57 J. LEGAL ED. 349 (2007). His essay ended with an invitation to other members of the legal academy to contact him or Professor Elyn Saks, author of an extraordinary memoir about her life with schizophrenia, (ELYN R. SAKS, THE CENTER CANNOT HOLD (2007)) if interested in forming a confidential ...


Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik Jan 2011

Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik

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No abstract provided.


They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin Jan 2011

They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin

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This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.


Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, Patricia E. Salkin, John R. Nolan Jan 2011

Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, Patricia E. Salkin, John R. Nolan

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The changing dynamics in the field of land use and sustainable community development law demand that land use law professors rethink the way in which we prepare law students to practice law in this area. This needed paradigm shift converges with the growing momentum of the best practices movement which urges law schools to dramatically revise the curricular approach to legal education, arguing that traditional models are no longer effectively serving the goal of producing competent and fully prepared new lawyers. A perfect storm is present and a unique opportunity exists through the application of many “best practices” concepts for ...


Alternative Learning Formats In A Land Use Seminar, Michael Lewyn Jan 2011

Alternative Learning Formats In A Land Use Seminar, Michael Lewyn

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No abstract provided.


What Balance In Legal Education Means To Me: A Dissenting View, Lawrence Raful Jan 2010

What Balance In Legal Education Means To Me: A Dissenting View, Lawrence Raful

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No abstract provided.


The Accidental Clinician And The Experienced Director: A Conversation On The Value Of Externships, Marjorie A. Silver, Mary Jo Eyster Jan 2010

The Accidental Clinician And The Experienced Director: A Conversation On The Value Of Externships, Marjorie A. Silver, Mary Jo Eyster

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In the summer of 2010, Mary Jo Eyster and Marjorie Silver conversed, via email, about the ways in which externship programs add unique value to the student’s education, separate and apart from their cost-effectiveness as compared to the in-house clinic. The result is this paper, a dialogue between a stand-up teacher who chose to teach the externship seminar and a seasoned clinician.

Mary Jo and Marjorie agree that the well-designed, well-executed program should drive the design, teaching and administration of externships and their accompanying seminars. They share the goals that each of them privilege in the programs they have ...


Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis Jan 2007

Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis

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Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and turn students away from ...


Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon Jan 2007

Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon

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No abstract provided.


Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Deobrah W. Post, Phoebe A. Haddon Jan 2006

Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Deobrah W. Post, Phoebe A. Haddon

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No abstract provided.


The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan Jan 2006

The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan

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No abstract provided.


The Law Of Sprawl: A Road Map, Michael Lewyn Jan 2006

The Law Of Sprawl: A Road Map, Michael Lewyn

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No abstract provided.