Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 31

Full-Text Articles in Law

What Did They Know And When Did They Know It? Pretesting As A Means Setting A Baseline For Assessing Learning Outcomes, Jeffrey L. Harrison Jan 2018

What Did They Know And When Did They Know It? Pretesting As A Means Setting A Baseline For Assessing Learning Outcomes, Jeffrey L. Harrison

UF Law Faculty Publications

Are legal rules intuitive or, at least, consistent with common sense? In this study, 260 law students at five law schools who had not taken contract law, were presented with eight questions based on specific contracts cases or common contracts issues. They were asked what they felt was the fair or right answer to each question and to formulate the rule they would apply. The purposes of the study were to 1) determine whether contract law is what the untrained person believes it is or should be and 2) experiment with a strategy of pretesting to determine what topics within ...


Fostering Student Authorship, Amy R. Mashburn, Sharon E. Rush Jan 2017

Fostering Student Authorship, Amy R. Mashburn, Sharon E. Rush

UF Law Faculty Publications

In this essay, we suggest that law schools may provide every student with the opportunity to become involved in the process of producing a publishable paper by establishing on-line repositories for student publications. We describe what such a program, which we call "student authorship," might look like and further explore several primary benefits that such a program would confer upon students.


Against Professing: Practicing Critical Criminal Procedure, Mae C. Quinn Jan 2016

Against Professing: Practicing Critical Criminal Procedure, Mae C. Quinn

UF Law Faculty Publications

I continue to “teach” Criminal Procedure as one of my core courses. I do so while trying my best to stay true to my values and commitments, surfacing the tensions and deficits I have described, and using concrete examples to drive home the many disparities and dysfunctions that still exist in this country despite the development of decades of criminal procedure doctrine. I try to encourage students to embrace their roles and responsibilities both as representatives of clients and change agents in this deeply imperfect system—urging them to consider what it might take to be an effective advocate for ...


Teaching Compliance, D. Daniel Sokol Jan 2016

Teaching Compliance, D. Daniel Sokol

UF Law Faculty Publications

Compliance is a growing field of practice across multiple areas of law. Increasingly companies put compliance risk among the most important corporate governance issues facing them. Moreover, as “JD plus” jobs proliferate, the demand for hiring both at the entry level and for former students currently in practice who are experienced in the compliance field will continue to grow. The growth in compliance jobs comes at a time in shifting demand for legal jobs for law school graduates. Traditional law firm entry level jobs at large law firms, which were the staple of on campus recruiting before 2007, have not ...


Stop Me If You’Ve Heard This Before: Transitions In Teaching Legal Research, Patricia Morgan Sep 2014

Stop Me If You’Ve Heard This Before: Transitions In Teaching Legal Research, Patricia Morgan

UF Law Faculty Publications

Law schools are being called upon to produce more “practice ready” graduates. To that end, the University of Florida added a librarian-taught first-year Legal Research course to its curriculum. As a result of the course addition, there was an impact on the existing Advanced Legal Research (ALR) course. For the first time, the ALR students had already received legal research instruction. This required adjustments in this higher level course.


Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee Jan 2014

Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee

UF Law Faculty Publications

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand ...


Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee Oct 2013

Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee

UF Law Faculty Publications

This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in ...


Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee Jan 2013

Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee

UF Law Faculty Publications

This discussion presents different ideas on how to teach accounting and practical finance to law students.


The Law School Firm, Bradley T. Borden, Robert J. Rhee Oct 2011

The Law School Firm, Bradley T. Borden, Robert J. Rhee

UF Law Faculty Publications

This Article introduces the concept of the law school firm. The concept calls for law schools to establish affiliated law firms. The affiliation would provide opportunities for students, faculty, and attorneys to collaborate and share resources to teach, research, write, serve clients, and influence the development of law and policy. Based loosely on the medical school model, the law school firm will help bridge the gap between law schools and the practice of law.


On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee Jan 2011

On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee

UF Law Faculty Publications

This article identifies two interconnected problems in legal education. First, legal education and practice are more disconnected than they should be, a reality which distinguishes law schools from other professional schools. The major flaw of legal education as the failure to produce more market-ready lawyers who have a mix of skills and knowledge to add value in a complex and challenging practice environment. Second, law school imposes large direct and opportunity costs on its students. These costs combine with the problem of a deficiency in academic training and post-graduation financing of additional training in the workplace to impose a growing ...


Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae C. Quinn Jan 2010

Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae C. Quinn

UF Law Faculty Publications

This essay is concerned with teaching students about responding to the everyday travesties and inequities they may encounter in our courts and legal system. This essay outlines the ways in which I have tried to convey to students the importance of the ABA Model Rules of Professional Conduct Preamble’s message of lawyer as public citizen. In it I share my view that law schools—not only in traditional professional responsibility courses—should encourage students to grapple with this ethical concern which is not fully captured by the “black letter” rules. I hope to more deeply explore what it means ...


The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee Jan 2009

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee

UF Law Faculty Publications

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex. One answer, it suggests, is a simple one: law schools should teach a little more ...


Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos Apr 2008

Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos

UF Law Faculty Publications

This paper deals with the definition and implications of globalism generally and for African interests in particular. Its focus is on globalism as a cluster of social, economic, and political forces contesting for the controlling paradigm of international relations and international law. The article underscores the general issue of globalism's impact on the well-being of the international community. It also considers the impact of globalism on the U.N. Charter, and, in particular, the role of the United Nations in international economic order. The connections between globalism and society are considered as part of the changing character of war ...


The Law Review Article Selection Process: Results From A National Study, Jason P. Nance, Dylan J. Steinberg Jan 2008

The Law Review Article Selection Process: Results From A National Study, Jason P. Nance, Dylan J. Steinberg

UF Law Faculty Publications

The student-edited law review has been a much criticized institution. Many commentators have expressed their belief that students are unqualified to determine which articles should be published in which journals, but these discussions have been largely based on anecdotal evidence of how journals make publication decisions. It was against that backdrop that we undertook a national survey of law reviews in an attempt to determine how student editors responsible for making publication decisions went about their task. This article compiles the results of that survey, which received 191 responses from 163 different journals. We analyzed 56 factors that influence the ...


Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills Mar 2005

Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills

UF Law Faculty Publications

No abstract provided.


A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii Oct 2004

A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii

UF Law Faculty Publications

The nature of the space in which we work, teach, and study is important. The design of our surroundings affects our attitudes, moods, self-esteem, efficiency, and sense of community. For our students, space makes a difference in the quality of the learning experience. It is possible to teach and learn in deficient space, but it is easier to teach and learn when both faculty and students are comfortable, happy, and not distracted by the inconveniences and annoyances of a poorly designed environment. Inadequate space prevents us from achieving all of which we are capable, thereby diminishing our productivity, creativity, and ...


Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin Mar 2004

Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin

UF Law Faculty Publications

This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.


On Collegiality, Michael L. Seigel Jan 2004

On Collegiality, Michael L. Seigel

UF Law Faculty Publications

The problem of collegiality in academia is like a crazy aunt in the family: ever present, whispered about in hallways, but rarely acknowledged directly. My goal in this article has been to initiate the demise of this pattern of unhappy toleration. The toleration stems, in large part, from an apparently widespread fear that attempts to control colleagues' uncollegial conduct will result in an unacceptable diminution of academic freedom. Although these concerns are legitimate, I have sought to prove that, if appropriate care is taken, academic freedom may flourish at the same time that a norm of basic collegiality is enforced ...


Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Leonard L. Riskin Jan 2004

Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Leonard L. Riskin

UF Law Faculty Publications

Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based ...


Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin Jan 2004

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

UF Law Faculty Publications

This essay is based primarily on materials the author developed for courses taught at the University of Missouri-Columbia, School of Law, in the winter 2002 and 2003 semesters, based on Barry Werth's book, "Damages."


Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast Dec 2003

Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

UF Law Faculty Publications

This Article presents more evidence of the inequality that persists in legal education for students. Based on a survey of University of Florida law students conducted in 2001, this study reaffirms the existence of differential experience and an inegalitarian culture in legal education. However, it also demonstrates the importance of diversity and the recognition by a significant majority of students of the value of race and gender pluralism. These competing findings provide a clear guide to the future direction of legal education.


Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills Oct 2002

Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

UF Law Faculty Publications

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)


The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin Apr 2002

The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin

UF Law Faculty Publications

This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work.

Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to address these ...


Remembering Harry Bitner: Law Librarian, Professor, And Wonderful Colleague, Claire M. Germain Apr 2002

Remembering Harry Bitner: Law Librarian, Professor, And Wonderful Colleague, Claire M. Germain

UF Law Faculty Publications

Professor Harry Bitner was an outstanding law librarian who shaped many of our best libraries, who was a mentor to many younger law librarians, and who provided leadership to the law library profession and to legal education generally.


From Punch Cards To Smart Cards: A History Of The Technology At The Levin College Of Law, Betty W. Taylor Jan 2002

From Punch Cards To Smart Cards: A History Of The Technology At The Levin College Of Law, Betty W. Taylor

UF Law Faculty Publications

No abstract provided.


Educating To Meet The Demands Of Florida Business And Law Schools - A. Introduction, Jon L. Mills Oct 2001

Educating To Meet The Demands Of Florida Business And Law Schools - A. Introduction, Jon L. Mills

UF Law Faculty Publications

Proceedings of the Second Annual & Legal and Policy Issues in the Americas, 2001


Diversity In Law Schools: Where Are We Headed In The Twenty-First Century, Jon L. Mills Oct 2001

Diversity In Law Schools: Where Are We Headed In The Twenty-First Century, Jon L. Mills

UF Law Faculty Publications

While we had historically recruited a large number of minority candidates to campus, because of the departures of our minority faculty, we needed to evaluate both our ability to recruit and our ability to retain minority faculty. Discriminatory hiring based on race is forbidden by law. The University of Florida is an equal opportunity employer. As a practical and legal matter, and in contrast to our current student admissions policy, we can consider race in employment decisions only to remedy past discrimination and only if narrowly tailored to serve a compelling state interest. First, it is important to understand the ...


Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii Jul 2001

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

UF Law Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. The authors examine how the study of torts is enriched when insurance concepts play a role in students' analysis. The discussion is divided into two parts. Part I offers a "macro" perspective on the connections between tort and insurance, summarizing the principal issues in play when the purposes of tort law are analyzed against the backdrop of first-party and third-party insurance compensation mechanisms. Part II provides a "micro" perspective on tort-insurance connections, taking a sample of discrete tort law principles, representative of those discussed in a ...


Books Vs. Non-Book Information, Betty W. Taylor Jan 1996

Books Vs. Non-Book Information, Betty W. Taylor

UF Law Faculty Publications

Book survival, particularly in the field of law, is faced with various challenges in this modern age of computer technology." Are law librarians at the crossroads where we have chosen non-book resources over books because of their superiority in content and value? Will books survive? Will only some types of books survive? These questions serve as fodder for futurists, happy solutions for financial woes of administrators, and concern of librarians about service, space, and, perhaps most important of all, their own survival.


Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier Feb 1993

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

UF Law Faculty Publications

A “mature” science, according to Thomas Kuhn, can afford to be uncritical. It has finally answered to its practitioners' satisfaction the fundamental, foundational questions of their field. It finally rests (“for a time,” at least) on an established scientific achievement that epitomizes the accomplished, collective wisdom of an age and defines the terms, conditions, directions, and limits of further refining research. With this “paradigm” in place, researchers are spared the incessant and distracting reexamination of first principles, the extravagant costs of intellectual retooling; they can proceed with confidence, effectiveness, and efficiency to do what they do best: articulating and specifying ...