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Full-Text Articles in Law

A Frank & Honest Talk: Aall’S Diversity Symposium Takes On Hard Questions Of Creating And Maintaining Diversity In The Legal Community, Lauren M. Collins Sep 2007

A Frank & Honest Talk: Aall’S Diversity Symposium Takes On Hard Questions Of Creating And Maintaining Diversity In The Legal Community, Lauren M. Collins

Law Faculty Articles and Essays

"Getting a Rise Out of Diversity: Celebrating the Challenge" took on hard questions of diversity, while keeping the spirit of New Orleans alive through celebration. With speakers who work to maintain diversity in legal practice and education every day, participants engaged in a lively discussion of what diversity actually is and how to create and sustain it.


Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien May 2007

Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien

Faculty Scholarship

To say that poverty remains one of the most pressing issues of our time is a colossal understatement. A staggering number of people on the planet live in poverty. In the United States alone, the working poor and those living at or below the poverty line make up 12.6 percent of our populace.' While these individuals may not all be in imminent danger of starving or homelessness, they often lack basic safeguards that those in the upper socio-economic levels of society take for granted: basic health insurance, access to pension programs, disability coverage, and the certainty of a living wage …


From Simon Cowell To Tim Gunn: What Reality Television Can Teach Us About How To Critique Our Students' Work Effectively, Michael J. Higdon Apr 2007

From Simon Cowell To Tim Gunn: What Reality Television Can Teach Us About How To Critique Our Students' Work Effectively, Michael J. Higdon

Scholarly Works

In an effort to illustrate and inform what makes for more effective critique of students' legal writing, this essay analogizes the various critiquing techniques currently taking place on the popular reality programs American Idol and Project Runway to the critiquing techniques used by legal writing professors.


Reflecting On The Dream Of The Marathon Man: Black Dean Longevity And Its Impact On Opportunity And Diversity, Leroy Pernell Jan 2007

Reflecting On The Dream Of The Marathon Man: Black Dean Longevity And Its Impact On Opportunity And Diversity, Leroy Pernell

Journal Publications

At the beginning of the 2005-2006 academic year there was, what many viewed, as a comparatively bounteous crop of African-American deans of ABA-approved law schools. However, several changes during that year caused the crop to diminish rapidly. At the time of this writing, there are eighteen deans of color at American Bar Association approved law schools within the United States. Of these, fifteen are African-American and two are Latino. Of this number, five African-American deans are deans of law schools associated with historically black universities. These comments address, not necessarily the absolute number of African-American or Latino deans at any …


Educating Lawyers Now And Then: Two Carnegie Critiques Of The Common Law And The Case Method, James Maxeiner Jan 2007

Educating Lawyers Now And Then: Two Carnegie Critiques Of The Common Law And The Case Method, James Maxeiner

All Faculty Scholarship

The 2007 Carnegie Foundation report on legal education, Educating Lawyers: Preparation for the Profession of Law, is eerily reminiscent of the Foundation's 1914 Report, The Common Law and the Case Method in American University Law School. This article compares the two reports. It commends the 1914 report for its broad comparative civil/common law perspective that is unsurpassed to this day. It shows how the two reports view the case method similarly, but with significantly different emphases. The 2007 report counts the case method as academic, while the 1914 report sees it as practical. It shows how the two reports, while …


Integrating Practical Training And Professional Legal Education: Three Questions For Three Systems, James Maxeiner Jan 2007

Integrating Practical Training And Professional Legal Education: Three Questions For Three Systems, James Maxeiner

All Faculty Scholarship

This address deals with integrating theory and practice in practical professional training in US, German and Japanese systems of legal education.


Training Law Students To Be International Transactional Lawyers - Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Finkelstein Jan 2007

Training Law Students To Be International Transactional Lawyers - Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Finkelstein

Articles in Law Reviews & Other Academic Journals

The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing agreement and a long-term supply contract. The students, who attend either the American University Washington College of Law or the Centre for Energy Mineral and …


Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher Jan 2007

Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher

Articles

Traditionally, law school tax courses have been taught using a mix of problems, class discussion, the Socratic method, and one end-of-term exam. The goal of these courses is to introduce students to key concepts of tax law and to teach them the essential skill of reading and interpreting the Internal Revenue Code and Treasury Regulations. This traditional method of instruction is an efficient and cost-effective way of transmitting a great deal of complex information to a large number of students. It is also a good vehicle to teach the essential skill of reading and interpreting the Code. However, the time …


Six Degrees Of Cass Sunstein, Paul H. Edelman, Tracey E. George Jan 2007

Six Degrees Of Cass Sunstein, Paul H. Edelman, Tracey E. George

Vanderbilt Law School Faculty Publications

Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence and access. Paul Erdős was the Kevin Bacon of his field - math - coauthoring with a large number of scholars from many institutions and across subfields. Moreover, his work was highly cited and important. Mathematicians talk about their Erdős number (i.e., numbers of degrees of separation) as a sign of their connection to the hub of mathematics: An Erdős number of 2 means …


Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes Jan 2007

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes

Articles, Book Chapters, & Popular Press

In response to anecdotal concerns that student enrollment in outsider courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of outsider that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …


The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag Jan 2007

The Anxiety Of The Law Student At The Socratic Impasse - An Essay On Reductionism In Legal Education, Pierre Schlag

Publications

No abstract provided.


Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff Jan 2007

Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff

Publications

No abstract provided.


Professor Homer Clark: "Just Do It!", David H. Getches Jan 2007

Professor Homer Clark: "Just Do It!", David H. Getches

Publications

No abstract provided.


Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson Jan 2007

Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson

Articles

No abstract provided.


The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton Jan 2007

The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton

Articles

No abstract provided.


A Search For Balance In The Whirlwind Of Law School: Spirituality From Law Teachers, Thomas L. Shaffer Jan 2007

A Search For Balance In The Whirlwind Of Law School: Spirituality From Law Teachers, Thomas L. Shaffer

Journal Articles

The first-year introductory course in property law is about all that is left of the traditional black-box curriculum. It is where beginning law students cope with and despair of the arcana of English common law; where, with more detachment than, say, in the torts course, analysis of appellate opinions is what "thinking like a lawyer" means, with no more than peripheral and begrudging attention to modem legislation and administrative law; where legal reasoning is a stretching exercise and initiatory discipline. And, incidentally, surviving bravely the rude invasion of teachers of public law, it is where a teaching lawyer can point …


Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton Jan 2007

Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton

Faculty Scholarship

Legal problems are addressed in at least three basic ways, or modes, each of which is associated with a particular "tense": (1) through judgment, an authoritative decision pronounced by an empowered third party concerning the legal significance of past behaviors; (2) through consent, a "present tense" resolution in which the parties to a legal concern resolve it privately by negotiated or mediated agreement; and (3) through prevention, a future-oriented process that designs contracts, legal arrangements, compliance regimes, education and training programs, organizational structures, or even physical environments so as to keep legal risks from erupting into injuries or legal liability. …


Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis Jan 2007

Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis

Scholarly Works

Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …


Father Charles Whelan: A Career In The Service Of Others, William Michael Treanor Jan 2007

Father Charles Whelan: A Career In The Service Of Others, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Fordham Law School's motto, "In the service of others," perfectly captures our law school's great aspirations and commitments. In a most distinguished and multifaceted career, Father Charles Whelan has been the personal embodiment of that ideal, through his dedication to education, to advocacy, and to service to a broader community. His has been a career shaped by his Ignatian ideals, and the legacy he leaves as he retires is extraordinary.