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Full-Text Articles in Law

The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette Dec 2006

The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette

Boston College Law School Faculty Papers

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance ...


Foreword To The Special Issue On The Family Law Education Reform Project, Andrew Schepard, Peter Salem Oct 2006

Foreword To The Special Issue On The Family Law Education Reform Project, Andrew Schepard, Peter Salem

Hofstra Law Faculty Scholarship

The purpose of this issue is to promote a dialogue between the family law academic community and stakeholders in the family law system about how future family lawyers should be educated. Family law practice has undergone dramatic change in the last quarter century, perhaps more than any other area of practice. Virtually everything about it has changed—the role of the family court, the procedure for resolving family disputes, the role of the family lawyer, and the substantive law. It is a vibrant and exciting field, with great influence on the lives of families and children.

The family law curriculum ...


The Case For A Flat-Earth Law School, Erik M. Jensen Feb 2006

The Case For A Flat-Earth Law School, Erik M. Jensen

Faculty Publications

This essay suggests - usually politely - that the American legal academy has been overdoing its push for globalization, and, as a result, education in the basics has suffered. That's a pity because law school graduates need to know the basics to be successful not only in Smalltown USA, but also on a world stage.


Incorporating Transnational Materials Into Traditional Courses, Franklin A. Gevurtz Jan 2006

Incorporating Transnational Materials Into Traditional Courses, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.


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

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

Faculty Scholarship

No abstract provided.


Reflections On Law Schools And The Idea Of The University, Thomas E. Baker Jan 2006

Reflections On Law Schools And The Idea Of The University, Thomas E. Baker

Faculty Publications

Thomas Baker is one of the founding faculty members of the Florida International University College of Law and this article is based on a speech delivered in October of 2002 during the university's Annual Faculty Convocation. It details the composition of both the entering classes and the law faculty and discusses the law school's mission to provide opportunities for minorities to attain representation in the legal profession that is proportionate to their representation in the population. It explores the role of law schools in higher education and notes the FIU College of Law's efforts to incorporate important ...


How Much Justice Can We Afford?: Defining The Courts' Roles And Deciding The Appropriate Number Of Trials, Settlement Signals, And Other Elements Needed To Administer Justice, John M. Lande Jan 2006

How Much Justice Can We Afford?: Defining The Courts' Roles And Deciding The Appropriate Number Of Trials, Settlement Signals, And Other Elements Needed To Administer Justice, John M. Lande

Faculty Publications

This article discusses how the U.S. court system can function optimally given declining trial rates and the limited resources available. The question of how much justice we can afford is a challenge that becomes more difficult as budgets fall behind the increasing demand for and cost of court services. Presumably most analysts would agree that courts should try cases when appropriate - and help litigants find just resolutions without trial when it is not needed. The courts' ability to provide trials in some cases is possible only if the vast majority of other cases are not tried.This article provides ...


Hamdan V. Rumseld: The Legal Academy Goes To Practice, Neal K. Katyal Jan 2006

Hamdan V. Rumseld: The Legal Academy Goes To Practice, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Hamdan v. Rumsfeld is a rare Supreme Court rebuke to the President during armed conflict. The time is not yet right to tell all of the backstory of the case, but it is possible to offer some preliminary reflections on how the case was litigated, the decision, and its implications for the oft-noticed divide between legal theory and practice.

In a widely cited article, Judge Harry Edwards lamented "the growing disjunction between legal education and the legal profession," claiming that "many law schools. .. have abandoned their proper place, by emphasizing abstract theory at the expense of practical scholarship and pedagogy ...


Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor Jan 2006

Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

In the past 100 years, the connotations of the term "international" have changed dramatically. The ideas we have of concepts such as "international communication" and "global travel" are dramatically different from what those concepts would have meant to our forebears - if they had even thought in such terms. But an international perspective is not new at Fordham Law School. The idea of the interconnectedness of our social and legal systems with those of other Nations is one of the foundational values of our school, and it has shaped our history since we opened our doors 100 years ago.

From our ...


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

Scholarly Works

No abstract provided.


Introduction: The Jurisprudence Of Justice Stevens Symposium, William Michael Treanor Jan 2006

Introduction: The Jurisprudence Of Justice Stevens Symposium, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Fordham Law School opened its doors on September 28, 1905, a school with ten students and six faculty members. That day marked a great beginning, and on September 28, 2005, we began a year-long celebration of Fordham Law's history and the law school community's remarkable achievements over 100 years. The heart of any great academic institution is, of course, academics, and, as part of the centennial celebration, we are hosting an extraordinary series of conferences. This issue of the Fordham Law Review presents the papers produced by the first of the year's conferences, the Symposium on the ...


Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki Jan 2006

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

Publications

This article will detail the concept of metacognition, how current law school teaching does not teach metacognitive skills, and how legal educators can incorporate metacognitive learning into the law school curriculum to help students better transfer knowledge and skills to the practice of law. Teaching metacognitive skills to law students should focus on explaining learning theory and modeling appropriate planning, monitoring, and evaluating techniques across the curriculum. Part II of this article details how law schools have been slow to integrate and apply learning theory to the law school classroom. Part III details the theory behind metacognition and how it ...


Choosing A Text For The Family Law Curriculum Of The Twenty-First Century, Catherine J. Ross Jan 2006

Choosing A Text For The Family Law Curriculum Of The Twenty-First Century, Catherine J. Ross

GW Law Faculty Publications & Other Works

This article describes the Family Law Education Reform (FLER) Project Report and provides recommendations as to how a family law professor should select a course textbook. I note that the FLER Report focuses on the importance of new lawyers being sensitive to gender, race, and class and discuss how a textbook focusing on policy, practice problems, and collaborative skills will satisfy the FLER project’s recommendations.


An Introduction To The United States Legal System: Cases And Comments, Alberto M. Benítez Jan 2006

An Introduction To The United States Legal System: Cases And Comments, Alberto M. Benítez

GW Law Faculty Publications & Other Works

This casebook introduces non-U.S trained lawyers, law students, and college undergraduates to the intricacies and nuances of our legal system. The world is becoming a smaller place and as a consequence of this globalization, the need for lawyers who are international in perspective and competence is increasing. Whatever one's opinion about globalization, there is no doubt that the U.S. legal system is at the forefront of these changes. This book attempts to compress three years of U.S. legal education into one casebook.

The following materials in this chapter, and throughout this book, will help non-United States ...


Open Access In Law Teaching: A New Approach To Legal Education, Matthew T. Bodie Jan 2006

Open Access In Law Teaching: A New Approach To Legal Education, Matthew T. Bodie

All Faculty Scholarship

The "open access" movement seeks to change our approach to the distribution of scholarship in the fields of science, medicine, the social sciences, and law. This Essay argues for the application of these principles to legal education itself. Open access would mean greater flexibility, interaction, and innovation in the creation of course materials. It would lead to new teaching methods and new forms of feedback between student and professor. Open access centers on particular legal subject areas could facilitate national and international collaboration. Ultimately, the open access law school would ameliorate the growing standardization and commodification of legal education by ...


Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss Jan 2006

Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss

Faculty Scholarship

Late in the 19th century, as our economy was transformed into a truly national one, legal education was transformed by the adoption of a teaching technique – Langdell's Socratic Method – that succeeded in creating law graduates confident of their capacity to be professionals in ANY American common law jurisdiction – national lawyers even in the absence of a national common law. Today, as the economy is once again transforming, now internationally, lawyers have an equivalent need to be confident of their capacity to perform across national boundaries. The paper briefly describes the way in which McGill University's Faculty of Law ...


Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr. Jan 2006

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Articles by Maurer Faculty

No abstract provided.


Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver Jan 2006

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Articles by Maurer Faculty

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools ...


Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss Jan 2006

Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss

Faculty Scholarship

To start, I'd like you to imagine an agglomeration of twenty to thirty jurisdictions experiencing a profound change in the nature of their economic realities. Their economies, and thus the transactions within them and the businesses that conduct them, have been predominantly local in character. Now, political and economic developments are producing businesses and transactions increasingly trans-jurisdictional in character. Increasingly the counseling, drafting, and litigating that goes on in lawyers' offices involves not one jurisdiction but two or three. What happens to legal education?

As the United States emerged from the Civil War and a truly national economy began ...


Eating Our Cake And Having It, Too: Why Real Change Is So Difficult In Law Schools, Nancy B. Rapoport Jan 2006

Eating Our Cake And Having It, Too: Why Real Change Is So Difficult In Law Schools, Nancy B. Rapoport

Scholarly Works

This essay discusses the experiences of one law school trying to integrate the rankings into its strategic plan. It discusses the intersection of considerations designed to improve the rankings with considerations designed to improve the school as a whole, and it mentions the difficulties inherent in strategic planning in an academic environment.