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Full-Text Articles in Law

Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky Oct 2018

Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky

Articles

When legal writing professors introduce CREAC (or IRAC, TREAT, etc.), our examples necessarily use some area of substantive law to demonstrate how the pieces of legal analysis fit together. And when we ask students to try drafting a CREAC analysis, they also have to learn the relevant substantive law first. Students might be asked to analyze whether a worker is an employee or independent contractor or whether the elements of a tort claim are satisfied. But that means that students need to learn the relevant substantive doctrine while they are also grappling with the basics of CREAC. In the language ...


Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West Jul 2018

Transcript - Conference On The Ethics Of Legal Scholarship, Nicky Booth-Perry, Stanley Fish, Neil W. Hamilton, Leslie Francis, Carissa Byrne Hessick, Paul Horwitz, Joseph D. Kearney, Chad M. Oldfather, Ryan Scoville, Eli Wald, Robin L. West

Utah Law Faculty Scholarship

This is a transcript of the proceedings of the Conference on the Ethics of Legal Scholarship held at Marquette University Law School on September 15-16, 2017. Topics addressed include (1) what counts as legal scholarship and what is the obligation of neutrality?, (2) the obligations of sincerity, candor, and exhaustiveness, and (3) the mechanisms of legal scholarship, especially law reviews and the issues they create. The conference's working aim was to generate and propose a set of ethical guidelines for legal scholarship.


Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto May 2018

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 ...


What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker May 2018

What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker

Articles

Over 25 years ago, in his foreword to the first volume of Legal Writing, Chris Rideout nailed it: legal writing as actually practiced by lawyers and judges needs to improve, “[b]ut more fundamental inquiry into legal writing...is needed as well.” The intervening decades have seen many laudable efforts on the latter front, as our collective scholarly discipline, then in its infancy, has matured. But one particular question that Rideout identified remains largely unaddressed by our discipline, although recent developments suggest a welcome increase in attention to the topic. Specifically, Rideout explained that our field did not know as ...


The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn Mar 2017

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 ...


Is Legal Scholarship Worth Its Cost?, Paul Campos Jan 2017

Is Legal Scholarship Worth Its Cost?, Paul Campos

Articles

No abstract provided.


The Law School (2013), Margaret A. Leary Jan 2017

The Law School (2013), Margaret A. Leary

Book Chapters

This chapter describes the growth and changes to the University of Michigan Law School for the period 1973-2013.


Experience 100+, University Of Michigan Law School Jan 2017

Experience 100+, University Of Michigan Law School

Miscellaneous Law School Publications

100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2017-2019.


Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker Nov 2016

Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker

Articles

On a substantive and ethical level, I tell my students to take on faith that if you were to do all of this and take all this into account, if you were to apply the conflict of interest and the disqualifications rules, it could make it extremely difficult or many of the firms involved in these matters to avoid being conflicted out; especially, if the parties and the kind of firms involved were not dealing with these conflicts and issues until a problem arose. The question I ask my students again at this point is what could be done. What ...


Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel Apr 2016

Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel

Articles

Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version of ...


The Market Myth And Pay Disparity In Legal Academia, Paula A. Monopoli Jan 2016

The Market Myth And Pay Disparity In Legal Academia, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Think Like A Businessperson: Using Business School Cases To Create Strategic Corporate Lawyers​., Alicia J. Davis Apr 2015

Think Like A Businessperson: Using Business School Cases To Create Strategic Corporate Lawyers​., Alicia J. Davis

Articles

For the past twenty-five years, my academic and professional pursuits have straddled the line between business and law. I majored in business administration in college and then worked as an analyst in the Corporate Finance department at a bulge bracket Wall Street firm. After completing a JD/MBA, I returned to investment banking with a focus on middle-market mergers and acquisitions (M&A) and subsequently practiced law with a focus on private equity and M&A. Finally, in 2004, I found my current home as a corporate law professor. In my courses, which include Mergers & Acquisitions, Enterprise Organization, and Investor ...


100+, University Of Michigan Law School Jan 2015

100+, University Of Michigan Law School

Miscellaneous Law School Publications

100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2015-2016 academic year.


Foundations: Curriculum & Faculty, University Of Michigan Law School Jan 2015

Foundations: Curriculum & Faculty, University Of Michigan Law School

Miscellaneous Law School Publications

Michigan Law Faculty are the best of the best. As you look through these pages, you will see some of their accomplishments: They serve as senior advisers to policymakers and governments around the world, they argue important cases in courts of every level, and they produce superb research that addresses society's greatest problems.

Our faculty also take teaching very seriously. They are dedicated to using their research and experience to help create a curriculum that will challenge and transform you. Michigan Law's rich curriculum features foundational courses that evolve with the needs of the profession, a wide array ...


Foundations: Curriculum & Faculty, University Of Michigan Law School Jan 2014

Foundations: Curriculum & Faculty, University Of Michigan Law School

Miscellaneous Law School Publications

Michigan Law Faculty are the best of the best. As you look through these pages, you will see some of their accomplishments: They serve as senior advisers to policymakers and governments around the world, they argue important cases in courts of every level, and they produce superb research that addresses society's greatest problems.

Our faculty also take teaching very seriously. They are dedicated to using their research and experience to help create a curriculum that will challenge and transform you. Michigan Law's rich curriculum features foundational courses that evolve with the needs of the profession, a wide array ...


Vol. 63, March 27, 2013, University Of Michigan Law School Mar 2013

Vol. 63, March 27, 2013, University Of Michigan Law School

Res Gestae

• Teaching Gone Wrong • Letter from the Editor • Detroit: Mid-Size Market • Goodbye, Ma'am Prez Och! • Moran & Friedman's Guide to SCOTUS • RG Mailbag • Halberstam: Squirrel Fan • Debt WIZard • Phid Style Dinners • New LSSS Lunch Series • Mr. Wolverine Letters • Law Student Comics • Photos of Stuff that Happened this year!


100+, University Of Michigan Law School Jan 2013

100+, University Of Michigan Law School

Miscellaneous Law School Publications

100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2013-2014 academic year.


Self-Congratulation And Scholarship, Paul Campos Jan 2013

Self-Congratulation And Scholarship, Paul Campos

Articles

Professor Jay Silver’s criticism of the reform proposals put forward in Brian Tamanaha’s book Failing Law Schools displays some characteristic weaknesses of American legal academic culture. These weaknesses include a tendency to make bold assertions about the value of legal scholarship and the effectiveness of law school pedagogy, while at the same time providing no support for these assertions beyond a willingness to repeat self-congratulatory platitudes about who professors are and what we do. The high costs for our students of the current scholarly expectations at American law schools are clear. What is not clear is whether those ...


The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White Jan 2013

The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White

Reviews

Bill Miller has done something quite uncommon, possibly singular: he has become a prominent law professor by writing books that have nothing to do with the law. His books do not even have the remote relation to law that books by philosophers or historians can claim. Having studied medieval history before law school and achieved law school tenure by teetering on the edge of law in his work on Icelandic sagas, Miller jumped the fence completely in his books The Mystery of Courage, The Anatomy of Disgust, and Faking It. He has never returned. Presumably, this Review earned a place ...


Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker Jan 2013

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker

Articles

Since I started teaching drafting, I would like to think that I have continued to learn some lessons about teaching both the substance and the skills of transactional drafting. One of those lessons that I am going to be talking about today is one that I stumbled across by happy accident rather than one that I consciously sought. Specifically, I want to talk about and highlight the ways that law students can use law firm marketing materials to increase their understanding of both drafting and lawyering skills in law school and, hopefully, in practice.


Foundations: Curriculum & Faculty, University Of Michigan Law School Jan 2013

Foundations: Curriculum & Faculty, University Of Michigan Law School

Miscellaneous Law School Publications

Michigan Law Faculty are the best of the best. As you look through these pages, you will see some of their accomplishments: They serve as senior advisers to policymakers and governments around the world, they argue important cases in courts of every level, and they produce superb research that addresses society's greatest problems.

Our faculty also take teaching very seriously. They are dedicated to using their research and experience to help create a curriculum that will challenge and transform you. Michigan Law's rich curriculum features foundational courses that evolve with the needs of the profession, a wide array ...


Vol. 62, No. 6, March 22, 2012, University Of Michigan Law School Mar 2012

Vol. 62, No. 6, March 22, 2012, University Of Michigan Law School

Res Gestae

•CopyFights •Zach Letter Law •The Beer Gal •SFF Auction Photos •LC Renovation •Sudoku •Facial Hair Photos •Grade Curves •Crossword


Vol. 62, No. 5, February 21, 2012, University Of Michigan Law School Feb 2012

Vol. 62, No. 5, February 21, 2012, University Of Michigan Law School

Res Gestae

•Confronting the Supremes • J.J. White as a Fighter Pilot • When You Were Cooler • RG Mailbag, V-day Edition • Michigan Time at Michigan Law? • The Beer Gal Returns! • Mr. Wolverine Pictures • Crossword


Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Kimberly A. Thomas, Nisreen Mahasneh Jan 2012

Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Kimberly A. Thomas, Nisreen Mahasneh

Articles

Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical ...


Report On The 2010-11 Csale Survey Of Applied Legal Education, David A. Santacroce, Robert R. Kuehn Jan 2012

Report On The 2010-11 Csale Survey Of Applied Legal Education, David A. Santacroce, Robert R. Kuehn

Other Publications

This report summarizes the results of the Center for the Study of Applied Legal Education’s (CSALE) 2010-11 Survey of Applied Legal Education. The 2010-11 Survey was CSALE’s second triennial survey. The results provide valuable insight into the state and nature of applied legal education in areas like program design, capacity, administration, funding, pedagogy, and the role of applied legal education and educators in the legal academy. Law schools, legal educators, scholars, and governmental agencies examining or navigating issues in these and other areas rely on CSALE’s data. They do so with the summary results provided here, in ...


The Status Of Clinical Faculty In The Legal Academy: Report Of The Task Force On The Status Of Clinicians And The Legal Academy, David A. Santacroce, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal Jan 2012

The Status Of Clinical Faculty In The Legal Academy: Report Of The Task Force On The Status Of Clinicians And The Legal Academy, David A. Santacroce, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal

Other Publications

In the midst of ongoing debates within the legal academy and the American Bar Association on the need for 'practice-ready" law school graduates through enhanced attention to law clinics and externships and on the status of faculty teaching in those courses, this report identifies and evaluates the most appropriate modes for clinical faculty appointments. Drawing on data collected through a survey of clinical program directors and faculty, the report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of ...


What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck Jan 2012

What Is "Good Legal Writing" And Why Does It Matter?, Mark Osbeck

Articles

Law schools face increasing pressure to improve instruction in practice-oriented skills. One of the most important of these skills is legal writing. The existing literature on legal writing contains various rules and suggestions as to how legal writers can improve their writing skills. Yet it lacks an adequate theoretical account of the fundamental nature of good legal writing. As a result, legal writers are left without a solid conceptual framework to ground the individual rules and suggestions. This Article attempts to fill the theoretical void in the literature by offering a systematic analysis of what it is for a legal ...


Why I Do Law Reform, Lawrence W. Waggoner Jan 2012

Why I Do Law Reform, Lawrence W. Waggoner

Articles

In this Article, Professor Waggoner, newly retired, provides a retrospective on his career in law reform. He was inspired to write the Article by a number of articles by law professors explaining why they write. He contrasts law-reform work with law-review writing, pointing out that the work product of a law-reform reporter is directed to duly constituted law-making authorities. He notes that before getting into the law-reform business, he had authored or co-authored law review articles that advocated reform, but he also notes that those articles did not move the law a whit. The articles did, however, lead to his ...


Clinical Faculty In The Legal Academy: Hiring, Promotion And Retention, David A. Santacroce, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal Jan 2012

Clinical Faculty In The Legal Academy: Hiring, Promotion And Retention, David A. Santacroce, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal

Articles

The Chair of the Association of American Law Schools (AALS) Section on Clinical Legal Education appointed us in 2005 to the Task Force on the Status of Clinicians and the Legal Academy (Task Force) to examine who is teaching in clinical programs and using clinical methodologies in American law schools and to identify the most appropriate models for clinical appointments within the legal academy. Our charges reflected two ongoing concerns: 1) the need to collect valid, reliable, and helpful data that would inform discussions on the breadth of clinical education in the legal academy and the status of clinical educators ...


Vol. 62, No. 4, December 7, 2011, University Of Michigan Law School Dec 2011

Vol. 62, No. 4, December 7, 2011, University Of Michigan Law School

Res Gestae

•Final Exams: Tips and Strategies •Mailbag •LLMs •When You Were Cooler •Sudoku •Zack Letter Law •A Ding Letter •Crossword