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The Content Of Consumer Law Classes Iii, Jeff Sovern Oct 2018

The Content Of Consumer Law Classes Iii, Jeff Sovern

Faculty Publications

This paper reports on a 2018 survey of law professors teaching consumer protection, and follows up on similar 2010 and 2008 surveys, which appeared in Jeff Sovern, The Content of Consumer Law Classes II, 14 J. Consumer & Commercial L. 16 (No. 1 2010), at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1657624 and Jeff Sovern, The Content of Consumer Law Classes, 12 J. Consumer & Commercial L. 48 (No. 1 2008), at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1139894, respectively. As reported in previous surveys, professors teaching consumer law report considerable variation in coverage. Professors want to cover ...


Teaching And Scholarship Enrichment Through Involvement In Law Reform, R. Wilson Freyermuth Jan 2018

Teaching And Scholarship Enrichment Through Involvement In Law Reform, R. Wilson Freyermuth

Faculty Publications

One of the most important ways for faculty to enrich their teaching and scholarship is through meaningful connections with the practicing bar. One effective way of developing these connections is through involvement in law reform efforts. This Essay focuses on developing these connections along two dimensions-through the work of the Uniform Law Commission and through involvement with trade organizations or nonprofit groups.


Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway Jan 2018

Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway

Faculty Publications

Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses ...


The Care And Feeding Of Law Student Research Assistants, Alyssa Dragnich, Rachel H. Smith Apr 2017

The Care And Feeding Of Law Student Research Assistants, Alyssa Dragnich, Rachel H. Smith

Faculty Publications

(Excerpt)
Hiring, training, managing, and mentoring research assistants can be highly gratifying. When it works well, the relationship between a professor and a research assistant (RA) can be a distillation of all the best parts of teaching legal writing. It benefits professor and student. It results in a bond of friendship and collegiality. It produces useful and thoughtful work.

But it can also go horribly wrong. The relationship can be a waste of student and professor time and energy. The professor can feel burdened, rather than assisted. The student can feel confused and underappreciated. As any professor knows who has ...


Bridging The Reading Gap In The Law School Classroom, Patricia G. Montana Jan 2017

Bridging The Reading Gap In The Law School Classroom, Patricia G. Montana

Faculty Publications

Many students struggle in law school, particularly in the first year, because they are weak readers. They do not know how to read text closely and have limited practice in reading complex or lengthy pieces of writing. Nor are they accustomed to reading works that demand deep thinking and reflection.

Yet legal analysis and writing depends on a careful reading and thoughtful understanding of the authority on which a lawyer relies. Without strong reading and critical thinking skills, it is no surprise that incoming law students have difficulty following a structured analysis and mastering legal writing. As the gap between ...


Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, Rosa Castello Jan 2017

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, Rosa Castello

Faculty Publications

Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism.

One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability ...


Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg Apr 2016

Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg

Faculty Publications

Among the more important decisions a law teacher makes when preparing a new course is what materials to assign. Criminal procedure teachers are spoiled for choice, with legal publishers offering several options written by teams of renowned scholars. This Article considers how a teacher might choose from the myriad options available and suggests two potentially overlooked criteria: weight and price.


Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham Jan 2015

Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham

Faculty Publications

In this article, I propose using principles of Cognitive Behavioral Therapy (“CBT”) to help law students and attorneys overcome their fear, anxiety, or nervousness about moot court or oral argument.


Intergrating Skills And Collaborating Across Law Schools: An Example From Immigration Law, Anna R. Welch Jan 2015

Intergrating Skills And Collaborating Across Law Schools: An Example From Immigration Law, Anna R. Welch

Faculty Publications

This Essay discusses the design and implementation of introductory Immigration Law courses taught at two different law schools, Western State College of Law in Orange County, California and the University of Maine Law School in Portland, Maine. Although the courses took place on opposite coasts and did not engage in a formal partnership that was visible to students, the authors deliberately planned the courses in close collaboration with one another behind the scenes. In doing so, the courses shared the explicit goal of increasing students’ exposure to practical lawyering skills while reinforcing students’ understanding of the substantive immigration laws. This ...


Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M C. Mirow Jan 2015

Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M C. Mirow

Faculty Publications

This series of two articles describes the most important features of legal education in the United States. Part I, found here, discusses law schools and the juris doctor. Part II, published later in the same journal, discusses graduate legal education, continuing legal education, and some comparative aspects of U.S. legal education in light of the Bologna Plan.


Educación Legal En Los Estados Unidos Ii: Educación De Postgrado, Educación Continuada, Y Consideraciones Comparativas, Maria Elena Cobas Cobiella, M C. Mirow Jan 2015

Educación Legal En Los Estados Unidos Ii: Educación De Postgrado, Educación Continuada, Y Consideraciones Comparativas, Maria Elena Cobas Cobiella, M C. Mirow

Faculty Publications

This series of two articles describes the most important features of legal education in the United States. Part I, published previously in this journal, discusses law schools and the juris doctor. Part II, published here, discusses graduate legal education, continuing legal education, and some comparative aspects of U.S. legal education in light of the Bologna Plan.


Law School Training For Licensed 'Legal Technicians'? Implications For The Consumer Market, Elizabeth Chambliss Jul 2014

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 ways ...


Impact Of Uniform Laws On The Teaching Of Trusts And Estates, David M. English Apr 2014

Impact Of Uniform Laws On The Teaching Of Trusts And Estates, David M. English

Faculty Publications

Beginning in 1969 with the approval of the Uniform Probate Code (UPC), uniform laws have had a major impact on the teaching of the basic Trusts and Estates course. This is not the place to list the close to thirty uniform acts relating to Trusts and Estates that have been approved. Rather, this Article will focus on the impact that uniform laws have had on the content of what is taught in the Trusts and Estates course. Uniform laws are not written in a vacuum. Like other legislative enactments, they are the product of societal changes and changes in legal ...


A Promising Beginning, Jeremiah A. Ho Jan 2014

A Promising Beginning, Jeremiah A. Ho

Faculty Publications

When I began teaching at the University of Massachusetts in August 2012, one of my first encounters was with the newly-formed UMass Law Review. The editorial staff was wrapping up its initial preparations for publishing the inaugural volume. Now, over a year later, those nascent processes have since been refined; the inaugural year is over. We are excited to say that the UMass Law Review enters its sophomore year with this current issue, affectionately dubbed “9:1”.


Escaping From Lawyers' Prison Of Fear, John Lande Jan 2014

Escaping From Lawyers' Prison Of Fear, John Lande

Faculty Publications

Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction ...


Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande Oct 2013

Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande

Faculty Publications

This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.


Cat, Cause, And Kant, Richard J. Peltz-Steele Jan 2013

Cat, Cause, And Kant, Richard J. Peltz-Steele

Faculty Publications

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.


Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams Jan 2013

Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams

Faculty Publications

Historian Henry Steele Commager said, “History is useful in the sense that art is useful--or music or poetry or flowers; perhaps even in the sense that religion and philosophy is useful .... For without these things life would be poorer and meaner.” For law students who anticipate a career representing private and public clients and participating in public discussion, however, study of legal history carries rewards beyond intellectual stimulation and personal satisfaction. Law students contemplating client representation should ponder Justice Holmes's advice that “[h]istory must be a part of the study [of law], because without it we cannot know ...


Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande Jan 2013

Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande

Faculty Publications

This article synthesizes major points in the October 2012 symposium of the University of Missouri School of Law Center for the Study of Dispute Resolution, entitled "Overcoming Barriers in Preparing Law Students for Real-World Practice." There is a growing consensus that American law schools need to do a better job of preparing students to practice law. Teaching students to think like a lawyer is still necessary but it is not sufficient for students to act like a lawyer soon after they graduate.


Organizational Alliances By U.S. Schools, Elizabeth Chambliss May 2012

Organizational Alliances By U.S. Schools, Elizabeth Chambliss

Faculty Publications

U.S. law schools increasingly are forming organizational alliances with other training providers in the interests of market expansion and/or consolidation. At the top of the market, U.S. law schools are seeking to brand their positions within the global economy by forming alliances with elite foreign law schools, business schools, and corporate law firms and clients. Schools outside of this market are moving to establish alternative niches through alliances with solo and small firm practitioners, CLE providers, and other organizations serving low-and middle-income clients, as well as through the development of accelerated and/or specialty degrees. Schools at ...


Explaining, Defending, And Exporting The Socratic Method, Brian C. Kalt Jan 2012

Explaining, Defending, And Exporting The Socratic Method, Brian C. Kalt

Faculty Publications

No abstract provided.


Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman Jan 2012

Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman

Faculty Publications

In a law review article entitled "The Changing Cultures and Economics of Large Law Firm Practice and Their Impact on Legal Education," DLA Piper partner Neil J. Dilloff details recent changes in the way that BigLaw does business. He then suggests a number of improvements in legal education ostensibly compelled by the new economic realities of large firm practice. While many of Attorney Dilloff's suggestions make very good sense, several problems exist. In this short essay, we take the position that law schools should not pattern current reforms solely on the needs of BigLaw. Instead, we suggest that reforming ...


Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele Feb 2011

Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele

Faculty Publications

A simple change in state law could improve the quality of legal education in Arkansas and the quality of legal services available to our consumers - and save significant amounts of taxpayers' money. With an Afterword on academic freedom. Also available from Advance Arkansas Institute website.


The Content Of Consumer Law Classes Ii, Jeff Sovern Oct 2010

The Content Of Consumer Law Classes Ii, Jeff Sovern

Faculty Publications

This paper reports on a 2010 survey of law professors teaching consumer protection, and follows up on a similar 2008 survey, which appeared in Jeff Sovern, The Content of Consumer Law Classes, 12 J. CONSUMER & COMMERCIAL L. 48 (No. 1 2008), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1139894. The 2010 survey found more uniformity in topic selection than the 2008 survey. All thirteen professors who taught survey courses reported that they taught common law fraud, UDAP statutes, the Truth in Lending Act, and the Fair Credit Reporting Act, while all but one covered the Fair Debt Collection Practices Act, the Federal Trade Commission Act, and payday lending. In contrast, in 2008 no topics were explored by all the survey professors and three were discussed by all but one. Nevertheless, as in the 2008 survey, the professors varied considerably in selecting other topics. Professors responding to the 2010 survey reported keeping their syllabi current; for example, more than half the professors teaching survey courses covered the Credit CARD Act, enacted only a year before the survey was conducted, while all but two addressed the subprime crisis.


The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight Jan 2010

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight

Faculty Publications

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication ...


The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami Jan 2010

The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami

Faculty Publications

The very first time that I taught criminal law, I would occasionally tell my six-year-old son, Thomas, about selected cases and situations that I had come across. Thomas enjoyed these discussions—more than I would have guessed: he was captivated by the horror of Dudley & Stephens, he was uncomfortably intrigued by shaming punishments, he was appropriately outraged at all manner of outcomes that seemed to him too harsh or too lenient. But most of all, he wanted to test his own burgeoning intuitions about right and wrong, good and evil, the permitted and the forbidden, against my "criminal law stories." He was, in a word, excited by criminal law.

Criminal law provokes. It stimulates and incites. Criminal law often is taught in the second semester of the first year, so it labors under something of a disadvantage. It begins just after students have been faced with the realities of their first semester grades. One might therefore expect some disenchanted reticence—a bit of yawning 'plus-ca-change-isme'—but that has not been my experience. More than any other course, criminal law challenges students to confront the deep places of their own moral and political architecture, erected in fragments over a lifetime, with realities that are, often enough, unknown and frightening to them. At its best, criminal law induces alienation in students, shocks the safety, piety, and certitude of their worlds. It does this, at times, by confronting students with their own fears about their fellow human beings and demanding that they reflect on those fears with care-not with the express aim that they should be solved or overcome, but in order that they may be better understood.

Having canvassed admirably the historical changes to the criminal law case book over the twentieth century, Professor Anders Walker's article suggests that criminal law ought to concern itself with the business of training future prosecutors and defense attorneys by eliminating, or at least greatly reducing, the place of moral and political reflection in the course, which was in any event the supercilious indulgence of elite law schools that disprized criminal practice. His normative prescriptions are of a piece with much that is currently in vogue in criticisms of legal education: that it is impractical, that it does not respond to the urgencies of quotidian lawyerly concerns, and that it deludes itself that it ought to be something like a liberal education. "That law schools should strive to produce better citizens is hard to refute[,]" he writes, but "[w]hat good are ethics, philosophy, and sociology if graduating students do not know the law?"

This brief response to Professor Walker's article makes two points. First, "knowing the law," in the sense that Walker seems to intend the phrase, has very little to do either with what state prosecutors (to take the criminal practice with which I am somewhat familiar) actually do or, more importantly, with the reasons that lawyers decide to become criminal practitioners in the first place. Second, adopting the normative prescriptions pressed by Walker will extinguish precisely the excitement that criminal law can bring to the generally educated and interested lawyer. There have been, and there will always be, few lawyers who become prosecutors and criminal defense attorneys; no structural amendments to the course will change that. But bleeding the criminal law course of the very ideas that stimulate passion about the subject will ensure that law schools continue to contribute to the stultifying process by which students forget, inexorably, what it is that is worthwhile and fulfilling about becoming a lawyer at ...


Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr. Jan 2009

Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr.

Faculty Publications

Controversy exists over whether the Family Education Records Privacy Act prohibits certain progressive law school academic support methodologies. This Article analyzes these claims, using the text of the statute, the related regulations, case law from the Supreme Court of the United States and other federal courts, and statements from the Department of Education. The thesis of this Article is that most academic support methods are perfectly lawful and that FERPA and progressive pedagogy can peaceably coexist.


The Content Of Consumer Law Classes, Jeff Sovern Oct 2008

The Content Of Consumer Law Classes, Jeff Sovern

Faculty Publications

Attendees at the University of Houston Law Center Conference titled Teaching Consumer Law: The Who, What, Where, Why, When and How were surveyed to determine what topics they covered in consumer law classes. Twenty-five responses were received, representing fourteen survey classes, five clinics, and six miscellaneous responses. The responses indicated considerable diversity in the topics covered. No topic was covered by more than 21 professors and each of the 32 topics listed on the survey instrument was discussed by at least four professors. Under the circumstances, it seems difficult to claim that consumer protection classes have a canon agreed upon ...


I'D Just As Soon Flunk You As Look At You?: The Evolution To Humanizing In A Large Classroom, Justine A. Dunlap Jan 2008

I'D Just As Soon Flunk You As Look At You?: The Evolution To Humanizing In A Large Classroom, Justine A. Dunlap

Faculty Publications

Initially, this article sets forth my own progress in becoming a teacher who incorporates humanizing principles. Next, the article analyzes some of the theory behind the humanizing legal education principles. The article will then present some specific teaching techniques for those interested in adding a humanizing dimension to their teaching, focusing primarily on the large classroom setting. The article will also note the barriers to adopting humanizing techniques, as well as possible ways to overcome those barriers.


Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot Jan 2008

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot

Faculty Publications

Latina and Latino student enrollment in U.S. law schools the last few decades has increased. This increase, however, has not resulted in a comparable increase in Latino and Latina law professors. To foster diversity in law school faculties and to increase Latina representation, the “Dirty Dozen List” was published. The List was comprised of the top twelve U.S. law schools located in high Latina populated areas but lacking a single Latina professor on the faculty. The List served to increase awareness of the lack of diversity at some of the nation’s top legal institutions, as well as ...