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Legal education

2010

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Articles 1 - 30 of 32

Full-Text Articles in Law

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.


Would You Say That To Your Children? Enhancing Learning Through Improved Communication, Karin M. Mika Apr 2010

Would You Say That To Your Children? Enhancing Learning Through Improved Communication, Karin M. Mika

Law Faculty Articles and Essays

This paper discusses how an aging professor must change how she teaches in relation to how her relationship with her student changes. Sometimes professors see themselves in one way and do not realize that they are not perceived the same way they were years ago. The paper sets out advice for appearing less intimidating to students as they grow younger while we grow older.


The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith Mar 2010

The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith

Research Collection School Of Law

Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don’t think that leads to breaches of ethics and social responsibility – breaches that often result in major health, environmental and social tragedies. The article ...


Educating Lawyers For The Global Economy: National Challenges, Carole Silver Jan 2010

Educating Lawyers For The Global Economy: National Challenges, Carole Silver

Georgetown Law Faculty Publications and Other Works

This essay addresses the challenge of educating law students to work in an increasingly global context. For students enrolled in United States law school, insight into the ways in which globalization matters can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the firm in its international practice depends upon the ability of its lawyers to develop strong and effective ...


Integrated Legal Education, Brian K. Landsberg Jan 2010

Integrated Legal Education, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


The Evolution Of J.D. Programs--Is Non-Traditional Becoming More Traditional?: The Keynote Address Of The Southwestern Law Review Conference, David E. Van Zandt Jan 2010

The Evolution Of J.D. Programs--Is Non-Traditional Becoming More Traditional?: The Keynote Address Of The Southwestern Law Review Conference, David E. Van Zandt

Faculty Working Papers

Dean David Van Zandt presented the keynote address at the 2009 Southwestern Law Review symposium, "The Evolution of J.D. Programs: Is Non-Traditional Becoming MoreTraditional?" The best legal education must focus on preparing students for 21st-Century legal careers. Law schools need to know about the external market that they serve; they must continuously look for the best methods of teaching the skills this market will demand; and they must focus on outcomes. This means focusing on the competencies a law student has once he or she graduates from law school. Northwestern University School of Law recently completed a major strategic ...


The Effect Of Legal Theories On Judicial Decisions, Anthony D'Amato Jan 2010

The Effect Of Legal Theories On Judicial Decisions, Anthony D'Amato

Faculty Working Papers

I draw a distinction in the beginning of this essay between judicial decision-making and a judge's decision-making. To persuade a judge, we should try to discover what her theories are. Across a range of theories, I offered well-known case examples typically cited as examples of each theory. Then I showed that the exact same theory used to justify or explain those case results could be used to justify or explain the opposite result in each of those cases.


The Journey Toward Excellence In Clinical Legal Education: Developing, Utilizing And Evaluating Methodologies For Determining And Assessing The Effectiveness Of Student Learning Outcomes, Ann Marie Cavazos Jan 2010

The Journey Toward Excellence In Clinical Legal Education: Developing, Utilizing And Evaluating Methodologies For Determining And Assessing The Effectiveness Of Student Learning Outcomes, Ann Marie Cavazos

Journal Publications

This Article proposes pedagogy and methodology for the assessment of student learning outcomes in a Model Clinic Program, intended to accomplish the clinic's goal of preparing students for the practice of law. The Clinic Model emphasizes apprenticeship methodology and assessment pedagogy to ensure that students are learning and developing the legal skill sets that they are expected to learn. In this Article, the Author will depict the Clinic Model in the present tense to illustrate a working, not just a theoretical, model.


The Role Of Practice In Legal Education, Richard J. Wilson Jan 2010

The Role Of Practice In Legal Education, Richard J. Wilson

Working Papers

This document is one of several general reports presented at the 18th International Congress on Comparative Law, held in Washington, DC in July 2010. The report covers the topic of The Role of Practice in Legal Education, and includes the text of the general report, as well as the original questionnaire to national reporters and two charts, one on general law school organization and one on how practice is taught in the legal academy. The report synthesizes information received from the reporting countries - Australia, Belgium, Canada (Quebec Province), Czech Republic, England and Wales, France, Germany, Greece, Hungary, Ireland, Italy, New ...


Clinical Legal Education In Dutch Legal Culture: Clashes Of Tradition, Tolerance, And Progress In Global Law's Capital, Richard J. Wilson Jan 2010

Clinical Legal Education In Dutch Legal Culture: Clashes Of Tradition, Tolerance, And Progress In Global Law's Capital, Richard J. Wilson

Working Papers

This paper examines the current context of legal education within Dutch legal culture as a case study focusing on the growing role of clinical legal education in the Netherlands, a progressive country in Western Europe, where traditional legal education has held sway for centuries. The Dutch experience with clinical legal education, though limited, is expanding even as the traditional apprenticeship phase of law training there is undergoing major reform, responsive to the growth of "big law." These reforms are largely attributable to a history of innovation and openness in Dutch legal culture, one dimension of which is the general acknowledgment ...


The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee Jan 2010

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

Faculty Scholarship

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 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 ...


Everything You Ever Needed To Know About Good Lawyering, You Can Learn From Elder Law, Linda S. Whitton Jan 2010

Everything You Ever Needed To Know About Good Lawyering, You Can Learn From Elder Law, Linda S. Whitton

Law Faculty Publications

No abstract provided.


Educating Lawyers With A Global Vision, Phoebe A. Haddon Jan 2010

Educating Lawyers With A Global Vision, Phoebe A. Haddon

Faculty Scholarship

This article is based on a presentation made at Justice & the Global Economy, a conference celebrating the appointment of Phoebe A. Haddon as the ninth Dean of the University of Maryland School of Law, October 3, 2009.


Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. Mckanders Jan 2010

Clinical Legal Education At A Generational Crossroads: Shades Of Gray, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Clinical legal education is at a crossroads. With studies like the Macrate Report, Carnegie Foundation Report “Educating Lawyers,” and Best Practices for Legal Education there is greater focus on experiential learning. Consequently, clinics are at an inflection point regarding their future. Three distinct generations will determine the path forward: Baby Boomers, Generation X, and Millennials. Each generation brings a different set of preferences, biases, perspectives and strengths to the table. Given the changes in legal academia, what will the future hold for clinical legal education?

The following are four essays by clinicians from the three generations. They each relay their ...


It Was The Best Of Practice, It Was The Worst Of Practice: Moving Successfully From The Courtroom To The Classroom, Sherri Lee Keene Jan 2010

It Was The Best Of Practice, It Was The Worst Of Practice: Moving Successfully From The Courtroom To The Classroom, Sherri Lee Keene

Faculty Scholarship

This article discusses some of the challenges that experienced attorneys encounter when they move from practice to academia and recommends ways for new professors to bring professional knowledge successfully into classroom teaching.


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 ...


Reflections On Substance And Form In The Civil Rights Classroom, Doni Gewirtzman Jan 2010

Reflections On Substance And Form In The Civil Rights Classroom, Doni Gewirtzman

Articles & Chapters

Legal education typically treats substance and form as unrelated entities -- the same pedagogical structure and tools are used regardless of the nature of the course. This Essay attempts to align the way we teach civil rights law with the nature of the subject matter by exploring three central conflicts that touch on both substance and form: the battle between coercion and freedom, the battle between public and private, and the battle between law and love. It argues that while the form of legal education polarizes each of these divides, the substance of civil rights law takes a more ambiguous position ...


They Keep It All Hid: The Ghettoization Of Mental Disability Law And Its Implications For Legal Education, Michael L. Perlin Jan 2010

They Keep It All Hid: The Ghettoization Of Mental Disability Law And Its Implications For Legal Education, Michael L. Perlin

Articles & Chapters

The Supreme Court has, since 1972, decided more than fifty cases involving persons with mental disabilities, a docket spanning virtually every aspect of constitutional law and criminal procedure. These cases have dealt with the substantive and procedural limitations on the commitment power, the conditions of confinement in psychiatric institutions, the application of the Americans with Disabilities Act to persons institutionalized because of mental illness, the substantive and procedural aspects of the criminal incompetency inquiry and the insanity defense, the relationship between mental disability and sexually violent predator laws, and all aspects of the death penalty. Thousands of cases have been ...


Lrw Program Design: A Manifesto For The Future, Eric Easton Jan 2010

Lrw Program Design: A Manifesto For The Future, Eric Easton

All Faculty Scholarship

All of us have, at one time or another, had occasion to consider, or reconsider, our program model. The trigger may have been a new dean; the prospect of a sabbatical inspection; a budget crisis or financial windfall; a faculty champion or saboteur; some-thing we learned at a Legal Writing Institute (LWI) or Association of Legal Writing Directors conference; or merely the cycle of bureaucratic reorganization. Those reconsiderations have led to a great diversity of Legal Research and Writing (LRW) program models: two-, three-, four-, and all-semester programs; adjunct-, contract-, and tenure-track staffing; and directors, co-directors, and no directors. Reconsiderations ...


The Pedagogy Of "Yes We Can": Teaching Reformative Legal Justice In The Age Of Obama, Leroy Pernell Jan 2010

The Pedagogy Of "Yes We Can": Teaching Reformative Legal Justice In The Age Of Obama, Leroy Pernell

Journal Publications

These brief comments, delivered as part of the 5th Annual Fred Gray Sr. Civil Rights Symposium, Faulkner University, Thomas Goode Jones School of Law October 21, 2009, do not challenge whether law schools and the profession sufficiently make the case for public service and commitment to societal good; admittedly most existing standards and curricula do. Rather, these comments address the opportunity for legal education to tap, and expand on, a heightened psychological and emotional commitment that might be engendered in law students following the election of Barack Obama as President of the United States.


What Balance In Legal Education Means To Me: A Dissenting View, Lawrence Raful Jan 2010

What Balance In Legal Education Means To Me: A Dissenting View, Lawrence Raful

Scholarly Works

No abstract provided.


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 ...


Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, John R. Nolon Jan 2010

Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, John R. Nolon

Pace Law Faculty Publications

The changing dynamics in the field of land use and sustainable community development law demand that land use law professors rethink the way in which we prepare law students to practice law in this area. This needed paradigm shift converges with the growing momentum of the best practices movement which urges law schools to dramatically revise the curricular approach to legal education, arguing that traditional models are no longer effectively serving the goal of producing competent and fully prepared new lawyers. A perfect storm is present and a unique opportunity exists through the application of many “best practices” concepts for ...


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 ...


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge Jan 2010

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Faculty Scholarship

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal profession ...


Roll Over Langdell, Tell Llewellyn The News: A Brief History Of American Legal Education, Stephen R. Alton Jan 2010

Roll Over Langdell, Tell Llewellyn The News: A Brief History Of American Legal Education, Stephen R. Alton

Faculty Scholarship

The origin of this essay is a presentation the author made at the Office of the Attorney General of the State of Texas on December 10, 2008. This essay is derived from the author's presentation, which originally was entitled "A Brief and Highly Selective History of American Legal Education and Jurisprudence. " In this essay, the author provides an overview of the history and development of legal education in America, emphasizing the establishment and evolution of the case method of instruction in American law schools and focusing on the influence of American jurisprudence on the development of legal education in ...


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

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

Scholarly Works

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 ...


Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger Jan 2010

Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger

Scholarly Works

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.

The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom as a rhetorical community. Set next to popular depictions of formalism and realism (which live on, despite much criticism), rhetorical alternatives would look at how the law works by exploring the meaning-making process through which the law is constituted as human beings located within particular historical and cultural communities write, read, argue about, and decide legal issues.

Most students recognize the practical benefits of the course in Law & Rhetoric; they conclude that the course helps them become better rhetoricians because they are more aware and adept legal readers and writers, and they believe that better rhetoricians become better lawyers. I think this recognition that better rhetoricians become better lawyers carries with it something ...


What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver Jan 2010

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Articles by Maurer Faculty

No abstract provided.


Making Workshops Work (For Everyone): Creating And Capturing A Student-Driven Writing Workshop Series, Iselin Magdalene Gambert, Benjamin James Grillot Jan 2010

Making Workshops Work (For Everyone): Creating And Capturing A Student-Driven Writing Workshop Series, Iselin Magdalene Gambert, Benjamin James Grillot

GW Law Faculty Publications & Other Works

It's not uncommon for new law students to arrive at law school anxious for support on their legal writing assignments and looking for strategies to improve their time management and exam preparation skills. At the same time, upper-level law students are often eager for opportunities to develop their public speaking, presentation development, and leadership skills. This article presents an overview of the 2009-10 Fall Writing Workshop Series, sponsored by the GW Law Writing Center, which successfully met both sets of goals. The article provides readers with concrete ideas for implementing a similar program at their law schools, and includes ...