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Articles 31 - 52 of 52
Full-Text Articles in Law
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
Faculty Articles
Lawyers in the United States work in public service, private counseling, and dispute resolution, but many also work outside of traditional legal practice. The million-member American bar, second largest in the world, grows more diverse by gender, and ethnicity and older on average. All members of this learned profession must qualify by education or examination and by proof of good character and fitness before taking an oath to serve as an attorney. Thence, there are few limitations on the form of legal practice, though many law firms require an associateship before an attorney becomes an owner of the firm. Economic …
Experiential Education As Critical Pedagogy: Enhancing The Law School Experience, Spearit, Stephanie Ledesma
Experiential Education As Critical Pedagogy: Enhancing The Law School Experience, Spearit, Stephanie Ledesma
Articles
This article examines the shift to greater experiential education in law school through the lens of critical pedagogy. At its base, critical pedagogy is about devising more equitable methods of teaching, helping students develop consciousness of freedom, and helping them connect knowledge to power. The insights of critical pedagogy are valuable for a fuller understanding of experiential education and its potential to affect students in profound ways, particularly as a means of empowerment. Although this is an understudied area of pedagogical scholarship, power relations are at the heart of legal education. Critical pedagogy offers a frame for considering how experiential …
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Articles
No abstract provided.
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Articles
Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …
Legal Education In Crisis, And Why Law Libraries Are Doomed, James G. Milles
Legal Education In Crisis, And Why Law Libraries Are Doomed, James G. Milles
Journal Articles
The dual crises facing legal education - the economic crisis affecting both the job market and the pool of law school applicants, and the crisis of confidence in the ability of law schools and the ABA accreditation process to meet the needs of lawyers or society at large - have undermined the case for not only the autonomy, but the very existence, of law school libraries as we have known them. Legal education in the United States is about to undergo a long-term contraction, and law libraries will be among the first to go. A few law schools may abandon …
Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer
Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer
Faculty Publications
One of the most important contributions a law school can make is to the development of the law through scholarly research. As one of the three pillars of being an academic-the other two being teaching and service-producing legal scholarship in one's respective area of expertise is an enterprise that nearly all law schools would like to support. However, during these challenging times for legal education arising from enrollment declines and the resultant adverse budgetary impacts, fully supporting legal scholarship can be particularly challenging. Having served as Associate Dean for Research I at Washington & Lee University School of Law ("W …
Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee
Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee
UF Law Faculty Publications
In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand …
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Faculty Scholarship
This article explains how, from 1920 to 1960, the role, or persona, of the law professor in the United States remained the situs of considerable rhetorical controversy that the role had been in the fifty years before 1920. On one hand, lawyers used rhetoric to promote a persona, that of a scholar, appropriate for the law professor situated within the university, a context suitable for the professionalization of law. On the other hand, different lawyers like Judge Jerome Frank used rhetoric to critique, often in a scathing manner, the scholar persona and put forth their own persona, that of a …
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …
The Professor And The Judge: Introducing First Year Students To The Law In Context, Michael B. Mushlin, Lisa Margaret Smith
The Professor And The Judge: Introducing First Year Students To The Law In Context, Michael B. Mushlin, Lisa Margaret Smith
Elisabeth Haub School of Law Faculty Publications
For the past five years the authors, one a law professor, and the other a federal judge, have joined forces to teach introductory civil procedure to first semester first year students. Our approach is contrary to the traditional theory of legal instruction which holds that students learn first by a rigid diet of Socratic teaching of the fundamentals of legal analysis without any exposure to the real world or even a simulation of it. The central idea behind our experiment is that at the beginning of law school it is essential to provide a contextual introduction to the work of …
Embedding Assessment Principles In Externships, Kelly S. Terry
Embedding Assessment Principles In Externships, Kelly S. Terry
Faculty Scholarship
Externships have become an increasingly important component of legal education, as law schools seek to increase experiential learning opportunities for students to gain practice skills prior to entering the profession. As externship courses grow and become an integral part of the law school curriculum, externship teachers should implement best practices for assessing their students' learning, including setting learning outcomes for their courses, selecting assessment tools, gathering and analyzing assessment data, and using assessment data to make course adjustments that will improve student learning. This Article provides a primer on the process of course-level assessment and then explains how to apply …
Visions Of The Future Of (Legal) Education, Michael J. Madison
Visions Of The Future Of (Legal) Education, Michael J. Madison
Articles
One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.
Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine
Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine
Articles
No abstract provided.
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, Terrill Pollman
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, Terrill Pollman
Scholarly Works
Responding to a changing landscape of law practice, law schools are searching for ways to structure the classroom experience and broader curriculum to promote more efficient and better learning outcomes. Although imitation, modeling, and the use of examples have become pre-eminent features of modern legal education, these pedagogies have remained largely unexamined. This article shows the power of teaching with examples in both the traditional and legal writing classroom, as well as how skillfully to limit the use of such pedagogy for maximum effect. Specifically, this article applies the findings of cognitive load research and composition theory to show that …
Duty To Rescue? Exploring Legal Analysis Through The Lens Of Photojournalists’ Storytelling Dilemmas, Iselin Magdalene Gambert
Duty To Rescue? Exploring Legal Analysis Through The Lens Of Photojournalists’ Storytelling Dilemmas, Iselin Magdalene Gambert
GW Law Faculty Publications & Other Works
In depicting scenes of tragedy, what happens when photojournalists become the story? Do photojournalists have a duty to rescue those they photograph? Should they? This article will use a series of iconic images – and the stories of the photojournalists behind the camera – to illustrate how exploring these questions can be a provocative vehicle through which to engage new law students in legal writing and analysis. The article focuses on an exercise that centers around a fictional “Duty to Rescue” statute modeled after European statutes of the same kind. The exercise is anchored by four images – three still …
The Doctrine Of Legal Writing - Book Review Of Linda H. Edwards's Readings In Persuasion: Briefs That Changed The World, Lucille Jewel
The Doctrine Of Legal Writing - Book Review Of Linda H. Edwards's Readings In Persuasion: Briefs That Changed The World, Lucille Jewel
Scholarly Works
In legal education, the word “doctrinal” is most often used to refer to courses such as Contracts, Torts, Property, and Criminal Procedure. Doctrinal has long been used as a descriptive adjective, but also as a word of exclusion. We often hear that legal writing courses are not substantive and not as significant as doctrinal courses. Linda Edwards’s new book, Readings in Persuasion: Briefs that Changed the World, persuasively challenges this view.
This paper evaluates what we mean when we use the term doctrinal in a legal education context and considers six powerful descriptors for the doctrine of legal writing, all …
Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis
Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis
Scholarly Works
I have a confession: I have only watched Season 1 of The Wire, and it has been many years since I did that. Thus, both my knowledge and pedagogical use of the show are limited. What explanation can I offer for my failings? I am a Maryland native with family who resides in Baltimore City, or Charm City as it is affectionately called. I worked for several years as an assistant federal public defender in Baltimore City. Over time, I have seen the city evolve, and I have seen it chew up and spit out many good people and some …
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Faculty Publications
The long-standing and close connection among law, language and the state has traditionally led law schools to provide legal education in a single language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language."' However, the historical model of monolingual legal education may be in jeopardy. For example, …
What Cornell Veterinary School Taught Me About Legal Education, Tina Stark
What Cornell Veterinary School Taught Me About Legal Education, Tina Stark
Faculty Scholarship
No abstract provided.
Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini
Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini
Articles
This essay explores the ways that a law school’s unique culture impacts the role of the Associate Dean for Scholarship. Written by the first person to hold this position at Vermont Law School (VLS), this essay focuses specifically on how the Associate Dean for Scholarship supports VLS’s commitment “to developing a generation of leaders who use the power of the law to make a difference in our communities and the world.” This vision of the role, as implemented at VLS, includes: providing support to all faculty, regardless of status; supporting faculty who speak to broad audiences; and embracing a broad …
The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks
The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks
Articles, Book Chapters, & Popular Press
In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.
Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Brian Krumm, Shelley Dunck
Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Brian Krumm, Shelley Dunck
Scholarly Works
No abstract provided.