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Full-Text Articles in Law

(Systems) Thinking Like A Lawyer, Tomar Pierson-Brown Jan 2020

(Systems) Thinking Like A Lawyer, Tomar Pierson-Brown

Articles

This Article discusses systems thinking as an innovative approach to contextualizing legal advocacy. Systems thinking, a paradigm that emphasizes universal interconnectivity, provides a theoretical basis for parsing the structural environment in which law-related problems emerge and are addressed. From the array of conceptions about what it means to engage in systems thinking, this Article identifies four key tenets to this perspective: (1) every outcome is the product of some structure; (2) these structures are embedded within and connected to one another; (3) the structure producing an outcome can be discerned; and (4) these structures are resilient, but not fixed. This ...


Distance Legal Education: Lessons From The *Virtual* Classroom, Jacqueline D. Lipton Jan 2020

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 ...


From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer Jan 2019

From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer

Articles

No abstract provided.


Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang Jan 2018

Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang

Articles

This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach ...


Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart Jan 2018

Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart

Articles

Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and ...


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

Is Legal Scholarship Worth Its Cost?, Paul Campos

Articles

No abstract provided.


A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson Jan 2017

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

Articles

No abstract provided.


Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes Jan 2017

Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes

Articles

No abstract provided.


Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, And Leadership?, Peter H. Huang Jan 2017

Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, And Leadership?, Peter H. Huang

Articles

Jon Kabat-Zinn, the founder of mindfulness-based stress reduction, defines mindfulness as paying attention in a curious, deliberate, kind, and non-judgmental way to life as it unfolds each moment. Psychologist Ellen Langer defines mindfulness as a flexible state of mind actively engaging in the present, noticing new things, and being sensitive to context. Langer differentiates mindfulness from mindlessness, which she defines as acting based upon past behavior instead of the present and being stuck in a fixed, solitary perspective, oblivious to alternative multiple viewpoints. Something called mindfulness is currently very fashionable and has been so for some time now in American ...


Practicing Practical Wisdom, Deborah J. Cantrell, Kenneth Sharpe Jan 2016

Practicing Practical Wisdom, Deborah J. Cantrell, Kenneth Sharpe

Articles

Wisdom is not an innate character trait; no one automatically is wise; wisdom is learned and acquired. More importantly, one can learn and acquire wisdom intentionally and skillfully — one can practice it. And, if the practice is structured in particular ways, the practice will improve one’s capacities to act with wisdom. This article clarifies theoretical muddiness and pedagogical imprecision by bringing together two important and robust strands of legal ethics literature. The first strand focuses on what the appropriate role of a lawyer is in a just society, while the second focuses on how a lawyer learns to be ...


What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss Jan 2016

What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss

Articles

Despite the rise of “big data” empiricism, law school admission remains heavily impressionistic; admission decisions rely on anecdotes about recent students, idiosyncratic preferences for certain majors or jobs, or mainly the Law School Admission Test (LSAT). Yet no predictors are well-validated and studies of the LSAT or other factors fail to control for other factors. The lack of evidence for what actually predicts law school success is especially surprising since, after the 2010s downturn, law schools now compete for fewer applicants. We fill this gap with a two-school, 1,400-student, 2005--2011 longitudinal study. We coded nondigitized applicant data and used ...


Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Philip Hackney, Adam Chodorow Jan 2016

Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Philip Hackney, Adam Chodorow

Articles

The challenging job market for recent law school graduates has highlighted a fact well known to those familiar with legal education: A significant gap exists between what students learn in law school and what they need to be practice-ready lawyers. Legal employers historically assumed the task of providing real-world training, but they have become much less willing to do so. At the same time, a large numbers of Americans – and not just those living at or below the poverty line – are simply unable to afford lawyers. In this Article, we argue that post-graduate legal training, similar to post-graduate medical training ...


Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt Jan 2015

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

Articles

No abstract provided.


Improving The Performance Of The Performance Test: The Key To Meaningful Bar Exam Reform, Ben Bratman Jan 2015

Improving The Performance Of The Performance Test: The Key To Meaningful Bar Exam Reform, Ben Bratman

Articles

If there are going to be bar exams in the United States — and there are, for the foreseeable future — then the lingering question is how to improve them to better serve the goal of evaluating minimum competence. The bar exam is roundly and rightly criticized by academics and practitioners as disconnected from the actual functions that lawyers perform. The focus of the exam, critics say, is too much on knowledge and memorization of law. That focus is exacerbated by the recent addition of a seventh substantive subject, Civil Procedure, to the Multistate Bar Examination (MBE).

The path to meaningful bar ...


'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand Jan 2015

'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand

Articles

Recent discussions of experiential education have at times considered the role of moot opportunities in legal education. Many, if not most, moot courts and related activities have been designed primarily as competitions. One moot, the Willem Vis International Commercial Arbitration Moot, is different in that it was designed, and has been consistently administered, as a tool for educating future lawyers. That education has included both skills training of the highest order and the development of a doctrinal understanding of important international legal instruments, especially those created and administered by the United Nations Commission on International Trade Law (UNCITRAL). This pair ...


Innovators, Esq.: Training The Next Generation Of Lawyer Social Entrepreneurs, Stephanie Dangel, Michael J. Madison Jan 2015

Innovators, Esq.: Training The Next Generation Of Lawyer Social Entrepreneurs, Stephanie Dangel, Michael J. Madison

Articles

Today’s law school graduates need to be entrepreneurial to succeed, but traditional legal education tends to produce lawyers who are “strange bedfellows” with entrepreneurs. This article begins by examining the innovative programs at many law schools that ameliorate this tension, including the programs offered by our Innovation Practice Institute (IPI) at the University of Pittsburgh School of Law. Although these programs train law students to represent entrepreneurs and to be entrepreneurial in law-related careers, few (if any) law schools train law students to be “business” entrepreneurs. Drawing on our own experiences and the writings of Bill Drayton, the lawyer ...


Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez Jan 2015

Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez

Articles

“Towards an Education for Justice: South North Perspectives” was the theme of the XI LatCrit South North Exchange on Theory, Culture and Law, convened at the Universidad de los Andes in Bogotá, Colombia in 2014. Scholars, students and activists from more than 10 countries encompassing the Global South and Global North engaged in a critical and animated exchange on the changing space of legal studies and how this change can be stirred towards acknowledging the need to integrate a concern for justice as part of legal education. The premise of the Conference was that the dominant model of legal education ...


Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes Jan 2014

Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes

Articles

No abstract provided.


Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine Jan 2014

Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine

Articles

No abstract provided.


The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers Jan 2014

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

Articles

No abstract provided.


Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers Jan 2014

Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers

Articles

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that ...


Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes Jan 2014

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

Articles

No abstract provided.


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 ...


Professionalism And The New Normal, Philip J. Weiser Jan 2013

Professionalism And The New Normal, Philip J. Weiser

Articles

No abstract provided.


Cooperation In Legal Education And Legal Reform, Ronald A. Brand Jan 2013

Cooperation In Legal Education And Legal Reform, Ronald A. Brand

Articles

This contribution to the symposium Special Report on Kosovo After the ICJ Opinion focuses on legal education and its role in the legal reform necessary to any state that is transitioning to a new system of government. It does so by considering first the importance of legal education as a U.S. export to transition countries. This necessarily requires a reciprocal consideration of the importance to U.S. law schools of considering the external, international effect of implementing changes in the traditional structure of U.S. legal education, and about how teaching methods both distinguish differing legal systems and require ...


Special Report: Kosovo After The Icj Opinion, Introduction, Ronald A. Brand Jan 2013

Special Report: Kosovo After The Icj Opinion, Introduction, Ronald A. Brand

Articles

On October 22-25, 2012, judges, government officials, and scholars from Kosovo and the United States gathered at the University of Pittsburgh for a conference on “Kosovo after the ICJ Opinion.” The conference was organized by the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law, and the University of Prishtina Faculty of Law. It was co-sponsored by the Ministry of Justice, Kosovo; the Ministry of Foreign Affairs, Kosovo; the Forum for Civic Initiatives, Kosovo; the American Society of International Law (ASIL); and the Center for Russian and Eastern European Studies at the University of Pittsburgh ...


Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill Jan 2012

Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill

Articles

No abstract provided.


The Crisis Of The American Law School, Paul Campos Jan 2012

The Crisis Of The American Law School, Paul Campos

Articles

The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector ...


The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers Jan 2012

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Articles

No abstract provided.


Educating Lawyers For Community, Anthony V. Alfieri Jan 2012

Educating Lawyers For Community, Anthony V. Alfieri

Articles

This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next ...