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Series

Legal education

2009

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Institution
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Articles 1 - 30 of 31

Full-Text Articles in Law

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport Oct 2009

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport

Scholarly Works

This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.


Games In The Law School Classroom: Enhancing The Learning Experience, Karin M. Mika Oct 2009

Games In The Law School Classroom: Enhancing The Learning Experience, Karin M. Mika

Law Faculty Articles and Essays

Educators have always been concerned with devising ways to make education fun while engaging students in an activity that will be intellectually beneficial. This article explores the use of games in the legal writing classroom.


Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich Apr 2009

Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich

All Faculty Scholarship

At a recent meeting of the National Association of Sentencing Commissions, Yale professor Dan Freed was honored during a panel discussion titled "Standing on the Shoulders of Sentencing Giants," Dan Freed is indeed a sentencing giant. but he is the gentlest giant of all. It is hard to imagine that a man as mild-mannered, soft-spoken, and self-effacing as Dan Freed has had such a profound impact on federal sentencing law and so many other areas of criminal justice policy, Yet he has.

I've been in many rooms with Dan Freed over the years — classrooms, boardrooms, dining rooms, and others ...


Criminal Law And Procedure: An Overview, 3rd Edition, Ronald J. Bacigal Jan 2009

Criminal Law And Procedure: An Overview, 3rd Edition, Ronald J. Bacigal

Law Faculty Publications

Criminal Law and Procedure: An Overview, third edition, covers the essentials of both substantive criminal law and criminal procedure. Covering both subjects makes this book suitable for a single course designed to provide an overview of the entire criminal justice system, or it can be used in separate courses covering substantive and procedural law. The first part defines criminal responsibility and addresses the major felonies recognized in most, if not all jurisdictions. The second half covers the procedural aspects of the entire criminal justice system from arrest to appeal and habeas corpus. Particular emphasis is placed on the fourth, fifth ...


"The Real World": Creating A Compelling Appellate Brief Assignment Based On A Real-World Case, Elizabeth Inglehart, Martha Kanter Jan 2009

"The Real World": Creating A Compelling Appellate Brief Assignment Based On A Real-World Case, Elizabeth Inglehart, Martha Kanter

Faculty Working Papers

Creating an appellate brief problem that is realistic, balanced, and interesting for students to work on is one of the most challenging opportunities facing a legal analysis and writing professor. Developing such a problem is particularly important because many legal writing courses use an appellate brief problem throughout an entire law school semester, usually requiring students to write at least one, and often two, appellate briefs based on the problem, and to argue that case in a moot court. This article provides advice, drawn from the authors' experience as professor of legal analysis and writing, as to how to develop ...


Foundational Competencies: Innovation In Legal Education, David E. Van Zandt Jan 2009

Foundational Competencies: Innovation In Legal Education, David E. Van Zandt

Faculty Working Papers

Spurred by a rapidly changing legal environment and a desire to differentiate and maximize the success of our graduates, Northwestern Law recently completed a major strategic planning initiative resulting in a revolutionary report entitled Plan 2008: Preparing Great Leaders for the Changing World. Plan 2008 is the most recent installment of a long-term process to enhance our student quality and programs. The new initiatives build upon a strategic plan that we have been refining since its implementation in 1998. Under the prior plan, we introduced the evaluative admissions interview and work-experience policy for applicants.1 We also added a number ...


Research Stories: Video Tales From The Summer Associate Workplace, Susan Herrick Jan 2009

Research Stories: Video Tales From The Summer Associate Workplace, Susan Herrick

Faculty Scholarship

No abstract provided.


Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag Jan 2009

Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag

Articles

In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every ...


Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman Jan 2009

Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network was Professor Cass Sunstein of Harvard Law School and proceeded to catalogue all of his myriad co-authors (so-called Sunstein 1's) and their co-authors (Sunstein 2's). In this small note we update that catalogue as of August 2008 and take the opportunity to reflect on this project and its methodology.


Recalibrating The Moral Compass: Expanding "Thinking Like A Lawyer" Into "Thinking Like A Leader", Karen H. Rothenberg Jan 2009

Recalibrating The Moral Compass: Expanding "Thinking Like A Lawyer" Into "Thinking Like A Leader", Karen H. Rothenberg

Faculty Scholarship

This essay was prepared for the Leadership in Legal Education Symposium IX.


Sim City: Teaching “Thinking Like A Lawyer” In Simulation-Based Clinical Courses, Kris Franklin Jan 2009

Sim City: Teaching “Thinking Like A Lawyer” In Simulation-Based Clinical Courses, Kris Franklin

Articles & Chapters

No abstract provided.


Teaching With Technology: Is The Pedagogical Fulcrum Shifting, Camille Broussard Jan 2009

Teaching With Technology: Is The Pedagogical Fulcrum Shifting, Camille Broussard

Articles & Chapters

No abstract provided.


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.


Externships: A Signature Pedagogy For The Apprenticeship Of Professional Identity And Purpose, Kelly S. Terry Jan 2009

Externships: A Signature Pedagogy For The Apprenticeship Of Professional Identity And Purpose, Kelly S. Terry

Faculty Scholarship

No abstract provided.


A Law Library Development Project In Iraq, Kimberli Morris Kelmor Jan 2009

A Law Library Development Project In Iraq, Kimberli Morris Kelmor

Law Library Faculty Works

The author talks about her changing perspectives on her experiences while working in Iraq with the International Human Rights Law Institute from February 2004 to Jan 1, 2006. The contract was initially proposed as a three-year plan to help Iraqi law schools overcome the effects of more than twenty years of economic, physical, and intellectual isolation. The complete project included a program for clinical legal education, curriculum reform, rule of law, and library and educational technology. Accomplishing this in three geographically dispersed schools was a logical plan, but a very ambitious one. As the security situation and travel restrictions worsened ...


Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin Jan 2009

Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin

Faculty Scholarship

As a result of several recent studies and changes in the ABA's Standards for Approval of Law Schools, legal education is paying more attention to skills training for law students. The need to bring the skills and values of business lawyers into the classroom has never been greater, yet there remains a real risk that "skills training" may be skewed in favor of litgation skills, with little emphasis given to transactional practice. This Article assesses some of the obstacles that stand in the way of effective integration of transactional skills into the law school curriculum and offers some concrete ...


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 ...


The Anatomy Of A "Pantsuit": Performance, Proxy And Presence For Women Of Color In Legal Education, Deleso Alford Washington Jan 2009

The Anatomy Of A "Pantsuit": Performance, Proxy And Presence For Women Of Color In Legal Education, Deleso Alford Washington

Journal Publications

This essay is intended to begin a dialogue on how the presence of women of color standing at the intersection of gender, race and class can don a pantsuit or not and still experience under-discussed social realities that influence the attainment of 21st Century leadership roles in the legal academy.


Foreword Symposium: Having It Our Way: Women In Maryland's Workplace Circa 2027, Margaret E. Johnson Jan 2009

Foreword Symposium: Having It Our Way: Women In Maryland's Workplace Circa 2027, Margaret E. Johnson

All Faculty Scholarship

On November 14, 2007, the University of Baltimore School of Law, the University of Maryland School of Law and the Women's Law Center of Maryland co-sponsored a symposium entitled "Having it Our Way: Women in Maryland's Workplace Circa 2027." The insightful collection of papers in this volume of the University of Maryland Law Journal of Race, Religion, Gender and Class represents the work of employment law scholars, public policy specialists, and activists who presented on the current state of Maryland employment law and discussed Maryland's future. This distinguished group of experts and scholars present several themes: the ...


The Clinical Year, Stephen J. Ellmann Jan 2009

The Clinical Year, Stephen J. Ellmann

Articles & Chapters

This article makes the case for the value – and the feasibility, under current accreditation and related rules governing law schools - of a clinical rotation for law students, modeled on the rotations that are a key part of medical school education. The “clinical year,” which would engage students in almost full-time practice/study for their third year of law school, could be a significant step in building the complete apprenticeship that the Carnegie Foundation for the Advancement of Teaching has urged. It would also rely to a large extent on the supervision, and teaching, that adjunct law school faculty – supervisors at ...


Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman Jan 2009

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

Articles & Chapters

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant ...


Dean Mary Daly: A Tribute, William Michael Treanor Jan 2009

Dean Mary Daly: A Tribute, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

I met Mary Daly for the first time on the day I began work at Fordham Law in 1991. I had an office on the second floor of the faculty corridor, and Mary's office was a few offices down the hall. Mary was already a well-established member of the faculty, a star at the U.S. Attorney's Office who had become a star in academia. I was new to Fordham and anxious as I began my career in teaching. Characteristically, and not surprisingly, Mary was the first one to come to my office to greet me. It has ...


Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce Jan 2009

Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce

Scholarly Works

This Article offers a critique of, and alternative to, the American Bar Association's efforts, supported by the United States government, to promote the requirement of a college education in law as prerequisite for becoming a lawyer in developing countries. Using the examples of China, which currently has a far more open system for becoming a legal services provider, and South Africa, which already has a system consistent with the goals of the ABA, the Article argues that more stringent education requirements actually undermine democracy, human rights, and rule of law. In China, where the most significant advocates for human ...


A Litigation-Oriented Approach To Teaching Federal Courts, Michael Wells Jan 2009

A Litigation-Oriented Approach To Teaching Federal Courts, Michael Wells

Scholarly Works

The traditional focus of the course on Federal Courts has been the study of highly abstract principles of separation of powers and federalism. This paper argues that most students are better served by a course that focuses on what lawyers need to know in order to litigate issues regarding the types of disputes federal courts may address and the division of authority between federal and state courts. With that aim in mind, the paper suggests that the course should focus largely on the opportunities and obstacles faced by lawyers seeking to advance federal constitutional or statutory claims in the federal ...


Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard, Thomas W. Mayo, Stacey A. Tovino Jan 2009

Three Ways Of Looking At A Health Law And Literature Class, Jennifer Bard, Thomas W. Mayo, Stacey A. Tovino

Scholarly Works

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in health ...


‘Best Practices’: What’S The Point?, Ira P. Robbins Jan 2009

‘Best Practices’: What’S The Point?, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

In a separate article - Best Practices on “Best Practices”: Legal Education and Beyond - Professor Robbins formulated a paradigm for “best practices” and applied it to the book, Best Practices for Legal Education. Professor Robbins concluded that the book did not meet any of the criteria necessary to constitute best practices and, further, that using the concept of best practices when thinking and writing about legal education is misleading and inappropriate. The primary author of the book, Roy Stuckey, responded, claiming that “best” can mean something other than best, that the difference really doesn’t matter, and that the debate over ...


Best Practices On ‘Best Practices’: Legal Education And Beyond, Ira P. Robbins Jan 2009

Best Practices On ‘Best Practices’: Legal Education And Beyond, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

“Best practices” has become one of the most common research and development techniques in the United States and throughout the international community. Originally employed in industry, the concept sought to identify superior means to achieve a goal through “benchmarking,” thereby allowing companies to obtain a competitive advantage in the marketplace. In recent decades, the use of best practices has become widely popularized, and is frequently utilized in the areas of administrative regulation, corporate governance, and academia. As the term has grown in popularity, however, so too has room for its abuse. In many instances, the term has been invoked to ...


Implementing The Social And Economic Promise Of The Constitution: The Role Of South African Legal Education, Susan R. Jones, Peggy Maisel Jan 2009

Implementing The Social And Economic Promise Of The Constitution: The Role Of South African Legal Education, Susan R. Jones, Peggy Maisel

GW Law Faculty Publications & Other Works

The South African Constitution recognizes socio-economic rights as a necessary foundation for the enjoyment of civil and political rights. The South African Constitution, one of the most progressive in the world, contains many important protections such as the rights to equality, housing, and education. The Broad-Based Black Economic Empowerment Law (BEE) was designated to address the economic inequities of apartheid. South Africa’s commitment to economic justice is also evidenced by the fact that it is a signatory to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The challenge is translating these rights into opportunities for social and ...


Against Practice, Anthony V. Alfieri Jan 2009

Against Practice, Anthony V. Alfieri

Articles

No abstract provided.


Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz Jan 2009

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data ...