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Series

Legal education

2013

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Institution
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Articles 1 - 30 of 58

Full-Text Articles in Law

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 ...


Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande Oct 2013

Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande

Faculty Publications

This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.


Law Schools’ Untapped Resources: Using Advocacy Professors To Achieve Real Change In Legal Education, Wes R. Porter Jul 2013

Law Schools’ Untapped Resources: Using Advocacy Professors To Achieve Real Change In Legal Education, Wes R. Porter

Publications

If the current law school model is dilapidated, then the remodel requires more than a face-lift; it requires real structural and architectural changes. Legal education (finally) must cater to the needs of students. By most accounts, that means teaching students the knowledge, skills, and values required to serve clients and solve problems. However, to reinvent legal education in a meaningful way, law schools must involve and elevate their former second-class citizens on the faculty: advocacy professors, clinicians, and legal writing instructors. These faculty members already teach, and have long taught, in the way that would represent real change in law ...


Future Of The Legal Profession, Rachel A. Van Cleave May 2013

Future Of The Legal Profession, Rachel A. Van Cleave

Publications

Many books and articles in the last few years describe a "profession in crisis" with no shortage of demons to blame: many equity partners in large law firms pursuing ever increasing profits, tenured law professors sitting on big salaries with no incentive to change how they teach, accrediting institutions imposing expensive regulation on law schools, and the examples of finger-pointing continue. In the words of YouTube sensation Kid President, "I think we all need a pep talk."


Viewpoint: Happier Law Students, One Client At A Time, Susan Rutberg Apr 2013

Viewpoint: Happier Law Students, One Client At A Time, Susan Rutberg

Publications

It's not your parents' legal education anymore. To lawyers who came of age in days of yore, legal education today would be almost unrecognizable. True, students still learn how to analyze appellate opinions, and at some schools, still survive the socratic method. But at Golden Gate University and an increasing number of other schools, legal education consists of multiple opportunities to intertwine theory and practice; build oral and written communication skills, learn the values of the profession and shape professional identity, both in and beyond the classroom.


Remedies: A Guide For The Perplexed, Doug Rendleman Apr 2013

Remedies: A Guide For The Perplexed, Doug Rendleman

Faculty Scholarship

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through research ...


Illuminating Innumeracy, Lisa Milot Apr 2013

Illuminating Innumeracy, Lisa Milot

Scholarly Works

Everyone knows that lawyers are bad at math. Many fields of law, though — from explicitly number-focused practices like tax law and bankruptcy, to the less obviously numerical fields of family law and criminal defense — require interaction with, and sophisticated understandings of, numbers. To the extent that lawyers really are bad at math, why is that case? And what, if anything, should be done about it?

In this Article, I show the ways in which our acceptance of innumeracy harms our ability to practice and think about the law. On a practical level, we miscalculate numbers, oversimplify formulas, and, ultimately, misapply ...


Professor Mort Cohen: An Advocate Professor's Journey, Leeor Neta Apr 2013

Professor Mort Cohen: An Advocate Professor's Journey, Leeor Neta

Publications

Professor Mort Cohen has taught at GGU Law for 30 years. In addition to teaching, Cohen has taken on pro bono cases as an advocate, most recently in service of the elderly and mentally ill. In 2012, Cohen successfully represented two individuals and the California Association of Mental Health Patients Rights Advocates in K.G. Et al v. Meredith as a Marin County Public Guardian. In an unprecedented, unanimous decision, a three-judge panel in The California Court of Appeal, First District stated that patients could not be treated with mind-altering drugs without their informed consent. It further stated that the ...


Practice Perfect, Rachel A. Van Cleave Apr 2013

Practice Perfect, Rachel A. Van Cleave

Publications

Institutions of higher education and law schools in particular are currently addressing new questions about the value and form of the education they offer, due, in part, to economic reality, practical necessity, and public scrutiny. Changes in the nature of the legal profession and the market, the cost of legal education, and most recently the purpose of the third year of law school, have each been at the center of professional conversations, public debate and media stories about reform.

Like my colleagues at other law schools, I am certainly involved with these critical conversations. I am also working with GGU ...


Teaching Westlawnext: Next Steps For Teachers Of Legal Research, Ronald Wheeler Apr 2013

Teaching Westlawnext: Next Steps For Teachers Of Legal Research, Ronald Wheeler

Faculty Scholarship

As a follow up to his earlier piece titled "Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research," Professor Wheeler here explores strategies for teaching students to effectively research using the WestlawNext legal research platform. He focuses on challenging law librarians and other teachers of legal research to embrace change, to innovate and to devise research exercises that highlight both the advantages and the alleged pitfalls of WestlawNext. In particular, Professor Wheeler discusses source selection, filters, addressing the volume of results, esoteric content, and Boolean searching.


Can And Should Human Rights Themes Impact Decision-Making In A Law School? Reflections From The U.S. Perspective, Nora V. Demleitner Mar 2013

Can And Should Human Rights Themes Impact Decision-Making In A Law School? Reflections From The U.S. Perspective, Nora V. Demleitner

Faculty Scholarship

Human rights (HR) issues, which often reveal themselves from a comparative perspective, are not categorized as such in law schools though they lie beneath fundamental structural decisions. Institutional funding and access directly impact educational, social, economic – and racial -- equality. Curriculum development and coverage – in doctrinal courses and so-called "clinics"– require reflection upon the amount of resources expanded on the teaching of human rights, the connections made between human rights and related subject areas, the restriction of human rights discourse to specific courses. Student affairs regularly deal with human rights questions ranging from religious to disability accommodations. The potential for unequal ...


125 Years Of Law Books, 1888-2013, Keith Ann Stiverson Feb 2013

125 Years Of Law Books, 1888-2013, Keith Ann Stiverson

125th Anniversary Materials

No abstract provided.


What's A Telegram?, Henry H. Perritt Jr. Feb 2013

What's A Telegram?, Henry H. Perritt Jr.

125th Anniversary Materials

No abstract provided.


U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber Feb 2013

U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber

125th Anniversary Materials

No abstract provided.


Cat, Cause, And Kant, Richard J. Peltz-Steele Jan 2013

Cat, Cause, And Kant, Richard J. Peltz-Steele

Faculty Publications

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.


Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli Jan 2013

Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli

Faculty Scholarship

This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the ...


The Lawyer Bubble: A Profession In Crisis, By Stephen J. Harper (Book Review), Michael S. Ariens Jan 2013

The Lawyer Bubble: A Profession In Crisis, By Stephen J. Harper (Book Review), Michael S. Ariens

Faculty Articles

Stephen J. Harper’s The Lawyer Bubble: A Profession in Crisis, is the latest iteration of the “institutional failure” or “business disaster” story. A number of such books were published around 1990, and have been quite popular since then, for businesses (such as Enron and Tyco) keep failing in such spectacular fashion. The Great Recession that began in December 2007 led to another round of business disaster books, and like their forebears these books make a hard sell for the claim that the disaster was of a titanic nature. And where the business disaster book is found, the legal disaster ...


Library Services For The Self-Interested Law School: Enhancing The Visibility Of Faculty Scholarship, Simon Canick Jan 2013

Library Services For The Self-Interested Law School: Enhancing The Visibility Of Faculty Scholarship, Simon Canick

Faculty Scholarship

This article suggests a new set of filters through which to evaluate law library services, in particular those that support faculty scholarship. Factors include profound changes in legal education, and motivators of today’s law professors. Understanding the needs of self-interested deans and professors, libraries can fill new roles that are consistent with our core values. In particular we can focus on dissemination and promotion of faculty work, especially through innovative open access projects.


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

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

Faculty Scholarship

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

Faculty Scholarship

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


Transcription Of 2013 Chapman Law Review Symposium: "The Future Of Law, Business, And Legal Education: How To Prepare Students To Meet Corporate Needs", Leo E. Strine Jr., Bradley Borden, Robert J. Rhee, Tania King, Lee Cheng Jan 2013

Transcription Of 2013 Chapman Law Review Symposium: "The Future Of Law, Business, And Legal Education: How To Prepare Students To Meet Corporate Needs", Leo E. Strine Jr., Bradley Borden, Robert J. Rhee, Tania King, Lee Cheng

Faculty Scholarship

No abstract provided.


Teaching Remedies As Problem-Solving: Keeping It Real, Tracy A. Thomas Jan 2013

Teaching Remedies As Problem-Solving: Keeping It Real, Tracy A. Thomas

Akron Law Publications

I began teaching Remedies as a problem-solving course over a decade ago. I was then in my third year of teaching and found that the Remedies course just wasn’t clicking. The students, mostly third-years, were bored with the Socratic method and seemingly resistant to the demands of this important course. My teaching grew more cumbersome as I waded deeper into the mire of the complexities of a transsubstantive field. Remedies class felt like a slog in the mud for all of us. After just a few years with the course, I thought there had to be a better way ...


Motions In Motion: Teaching Advanced Legal Writing Through Collaboration, Elizabeth Shaver, Sarah Morath, Richard Strong Jan 2013

Motions In Motion: Teaching Advanced Legal Writing Through Collaboration, Elizabeth Shaver, Sarah Morath, Richard Strong

Akron Law Publications

Legal education is at a crossroads. Practitioners, academics, and students agree that more experiential learning opportunities are needed in law school.

In 2007, the Carnegie Foundation report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), called for law schools to provide apprentice experiences to better prepare prospective attorneys for the world of practice. That same year, the Best Practices in Legal Education advocated for “experiential education” and “encourage[d] law school[s] to expand its use.” More recently, in August 2011, the American Bar Association adopted a resolution sponsored by the New York Bar Association summoning law schools ...


Motions In Motions: Teaching Advanced Legal Writing Through Collaboration, Sarah J. Morath, Elizabeth Shaver, Richard Strong Jan 2013

Motions In Motions: Teaching Advanced Legal Writing Through Collaboration, Sarah J. Morath, Elizabeth Shaver, Richard Strong

Akron Law Publications

Legal education is at a crossroads. Practitioners, academics, and students agree that more experiential learning opportunities are needed in law school.

In 2007, the Carnegie Foundation report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), called for law schools to provide apprentice experiences to better prepare prospective attorneys for the world of practice. That same year, the Best Practices in Legal Education advocated for “experiential education” and “encourage[d] law school[s] to expand its use.” More recently, in August 2011, the American Bar Association adopted a resolution sponsored by the New York Bar Association summoning law schools ...


Motions In Motion: Teaching Advanced Legal Writing Through Collaboration, Richard Strong, Elizabeth Shaver, Sarah Morath Jan 2013

Motions In Motion: Teaching Advanced Legal Writing Through Collaboration, Richard Strong, Elizabeth Shaver, Sarah Morath

Akron Law Publications

Legal education is at a crossroads. Practitioners, academics, and students agree that more experiential learning opportunities are needed in law school.

In 2007, the Carnegie Foundation report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), called for law schools to provide apprentice experiences to better prepare prospective attorneys for the world of practice. That same year, the Best Practices in Legal Education advocated for “experiential education” and “encourage[d] law school[s] to expand its use.” More recently, in August 2011, the American Bar Association adopted a resolution sponsored by the New York Bar Association summoning law schools ...


Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos Jan 2013

Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos

Journal Publications

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace. This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires-a paradigm shift in the methodology of implementing legal education. The Article begins by reporting on the state of the law school process and how it has evolved from an apprenticeship, replete with on-the-job training, to an intellectual exercise that is somewhat removed from the requirements for becoming competent legal professionals ...


Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett Jan 2013

Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett

Faculty Scholarship

The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose challenges, and political attacks have answered clinicians' efforts to live up to these aspirations. An error underlies such attacks, however: holding lawyers responsible for their clients' legal positions despite the profession's duty to ensure that such positions get a fair hearing.


Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen Jan 2013

Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen

Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panelists advance two premises: First, that law schools need to teach transactional skills because many students will either focus on transactional law or practice general law where transactional skills are necessary; and second, that some of the transactional skills the schools teach should be specific to main street lawyering because a number of students will be main street lawyers. The panelists explain how the transactional skills necessary for main street lawyering differ from skills needed in litigation and big law firms ...


"When Numbers Get Serious:" A Study Of Plain English Usage In Briefs Filed Before The New York Court Of Appeals, Ian Gallacher Jan 2013

"When Numbers Get Serious:" A Study Of Plain English Usage In Briefs Filed Before The New York Court Of Appeals, Ian Gallacher

College of Law Faculty - Scholarship

No abstract provided.


Roger Williams University School Of Law 20th Anniversary Celebration Announcements, Roger Williams University School Of Law Jan 2013

Roger Williams University School Of Law 20th Anniversary Celebration Announcements, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.