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Articles 61 - 90 of 99
Full-Text Articles in Law
Virginia Bar Exam, February 2012, Section 1
Virginia Bar Exam, February 2012, Section 1
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, February 2012, Section 2
Virginia Bar Exam, February 2012, Section 2
Virginia Bar Exam Archive
No abstract provided.
Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Aidong Adam Ding
Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Aidong Adam Ding
Louis N. Schulze Jr.
This article details the findings of a two-year empirical study on the impact of a law school academic support program (ASP) on law students. The hypothesis of the study was that as students' participation in a well-resourced, open-access ASP increases, students' perception of "autonomy support" and "humanizing" grows as well. The study concludes, based upon statistically significant data, that law school ASPs impact students in positive ways and therefore are worth the investment. This article is the third in a series designed to show that law school academic support measures positively impact students' well-being and lead to a more robust …
The Crucible And The Federal Rules Of Evidence, Martin Pritikin
The Crucible And The Federal Rules Of Evidence, Martin Pritikin
Martin Pritikin
Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction—specifically, Arthur Miller’s The Crucible, which dramatizes the Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including relevance, character evidence and impeachment, opinion testimony, hearsay, and the mode and order of interrogation.
Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum
Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum
Preston D. Mitchum
No abstract provided.
Altruists In The Holocaust: Teaching Public Service Values Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza
Altruists In The Holocaust: Teaching Public Service Values Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza
Christina A. Zawisza
My cherished Polish ethnic roots have motivated my exploration of the Holocaust, its lessons, and their effect on me as I teach a children’s legal clinic and also advise students on pro bono and public service projects and careers. I attended the 2004 Global Alliance for Justice Education conference in Krakow, Poland (Krakow Conference), and since then, I have been reflecting on its Holocaust theme of “Using the Example of Lawlessness to Teach Justice.” I am convinced that, in addition to the theme that conference conveyed, there are more lessons to be learned from that horrific era. Holocaust Studies never …
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy Rapoport
Nancy B. Rapoport
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
Rankings, Economic Challenge, And The Future Of Legal Education, Gene R. Nichol
Rankings, Economic Challenge, And The Future Of Legal Education, Gene R. Nichol
Faculty Publications
No abstract provided.
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Navigating The Uncharted Waters Of Teaching Law With Online Simulations, Ira Steven Nathenson
Navigating The Uncharted Waters Of Teaching Law With Online Simulations, Ira Steven Nathenson
Ira Steven Nathenson
The Internet is more than a place where the Millennial Generation communicates, plays, and shops. It is also a medium that raises issues central to nearly every existing field of legal doctrine, whether basic (such as Torts, Property, or Contracts) or advanced (such as Intellectual Property, Criminal Procedure, or Securities Regulation). This creates tremendous opportunities for legal educators interested in using the live Internet for experiential education. This Article examines how live websites can be used to create engaging and holistic simulations that tie together doctrine, theory, skills, and values in ways impossible to achieve with the case method. In …
Best Practices For The Law Of The Horse: Teaching Cyberlaw And Illuminating Law Through Online Simulations, Ira Steven Nathenson
Best Practices For The Law Of The Horse: Teaching Cyberlaw And Illuminating Law Through Online Simulations, Ira Steven Nathenson
Ira Steven Nathenson
In an influential 1996 article entitled "Cyberspace and the Law of the Horse," Judge Frank Easterbrook mocked cyberlaw as a subject lacking in cohesion and therefore unworthy of inclusion in the law school curriculum. Responses to Easterbrook, most notably that of Lawrence Lessig in his 1999 article "The Law of the Horse: What Cyberlaw Might Teach," have taken a theoretical approach. However, this Article—also appropriating the “Law of the Horse” moniker—concludes that Easterbrook’s challenge is primarily pedagogical, requiring a response keyed to whether cyberlaw ought to be taught in law schools. The Article concludes that despite Easterbrook’s concerns, cyberlaw presents …
Renovating Or Innovating? The Current Curriculum Reforms At Unsw, Alex Steel
Renovating Or Innovating? The Current Curriculum Reforms At Unsw, Alex Steel
Alex Steel
This conference paper outlines the curriculum review process at UNSW as it was in 2012. The paper reflects on the history of the law school and the success of the review processes.
The Law School Critique In Historical Perspective, A. Benjamin Spencer
The Law School Critique In Historical Perspective, A. Benjamin Spencer
A. Benjamin Spencer
Contemporary critiques of legal education abound. This arises from what can be described as a perfect storm: the confluence of softness in the legal employment market, the skyrocketing costs of law school, and the unwillingness of clients and law firms to continue subsidizing the further training of lawyers who failed to learn how to practice in law school. As legal jobs become more scarce and salaries stagnate, the value proposition of law school rightly is being questioned from all directions. Although numerous valid criticisms have been put forth, some seem to be untethered from a full appreciation for how the …
Putting Theory Into Practice: Thoughts From The Trenches On Developing A Doctrinally Integrated Semester-In-Practice Program In Health Law And Policy, Michele L. Mekel
Putting Theory Into Practice: Thoughts From The Trenches On Developing A Doctrinally Integrated Semester-In-Practice Program In Health Law And Policy, Michele L. Mekel
Michele L Mekel
With the employment market for attorneys currently in a subpar state, legal employers have the attention of both law students and law schools, and these employers are demanding practice-ready practitioners. In response, law schools are turning increasingly to experiential learning opportunities of various types. For law schools with concentrations, certificate programs, or centers of excellence, experiential learning presents synergies upon which to capitalize in offering students specialized, hands-on training that matches their interests and makes them more attractive employment candidates upon graduation.
Teaching Students To Negotiate Like A Lawyer, John Lande
Teaching Students To Negotiate Like A Lawyer, John Lande
John Lande
Teaching students to negotiate effectively is central to their thinking, acting, and being like good lawyers. Virtually all lawyers spend much of their time negotiating, whether they deal with disputes or transactions. So law school negotiation courses should provide the most realistic possible portrayal of legal negotiation. This essay is intended to help instructors plan and teach negotiation courses, recognizing that every course should be tailored to fit the interests, capabilities, resources, and constraints of the instructors and students. This essay argues that many lawyers engage in “ordinary legal negotiation” (OLN), which is distinct from “romantic” theories of positional and …
Privacy And Data Protection In Business: Laws And Practices (Sample Chapters), Jonathan I. Ezor
Privacy And Data Protection In Business: Laws And Practices (Sample Chapters), Jonathan I. Ezor
Jonathan I. Ezor
In the fields of digital privacy and data protection in the business world, effective compliance and risk management require not only knowledge of applicable laws and regulations, but at least a basic understanding of relevant technologies and the processes of the company or other organization that is collecting and/or using the personal information or monitoring behavior. This book is structured to provide a framework for law and other students to both learn the law and place it in the necessary technological and practical context, divided into topic areas such as children’s privacy, health information, governmental requirements, employee data and more. …
Law School Grades - Flunked Out, But Did Not Really Fail
Law School Grades - Flunked Out, But Did Not Really Fail
Harvey Gilmore
If the plaintiffs in a most interesting, recent lawsuit ultimately get their way, I will need to change the title of this article. After the Spring 2011 semester, plaintiffs Jonathan Chan and Karla Ford were dismissed from their former law school, Texas Southern University Thurgood Marshall School of Law (Texas Southern) for academic deficiency, failing to maintain an overall grade point average (GPA) of at least 2.0. On February 2, 2012, in response to their dismissal, Chan and Ford filed a lawsuit against Texas Southern, along with their Contracts professor, Shelley Smith. In this article, I will look at some …
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
Christopher R Trudeau
Most attorneys agree that writers need to tailor their writing to a particular audience. This just makes sense. So it is not a stretch to argue that to convey a clear message to a client, attorneys should use plain language. But there is little empirical data supporting the public’s preference for plain language. Rather, most sources largely rely on anecdotal evidence to prove this point. Therefore, in 2011, I conducted a study to help measure many of the following unanswered questions: to what degree does the public prefer plain language over traditional legal language? How do people react when they …
A Supreme Court Clinic’S Place In The Supreme Court Bar, Jeffrey L. Fisher
A Supreme Court Clinic’S Place In The Supreme Court Bar, Jeffrey L. Fisher
Jeffrey L Fisher
The past several years have witnessed the emergence of a new phenomenon: clinics in law schools that litigate cases in the Supreme Court. Although some commentators have written about the pedagogical goals and benefits of such clinics, no-one yet has written about their public interest mission. This article takes up that task. It begins by empirically testing, for the first time in modern literature, the clinics’ foundational assumption: that litigants in the Court who are represented by local counsel instead of Supreme Court specialists are generally at a distinct disadvantage. Finding that assumption to be accurate, the article identifies and …
Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Carlo A. Pedrioli
At least since the 1960s, a “‘two cultures’ phenomenon” has become quite apparent within the legal field in the United States. On one hand, some lawyers, usually those within the university, have been more academically oriented, and, on the other hand, other lawyers, usually those in legal practice or sitting on the bench, have been more pragmatically oriented. Problems arise when these two groups begin to talk differently from each other. In a way, the field of law has developed into at least two different legal professions, and, not surprisingly, scholars and practitioners have experienced tension because of this situation. …
Ten Elements Of "Real" Ethics In The Practice Of Law (And Life), David Barnhizer
Ten Elements Of "Real" Ethics In The Practice Of Law (And Life), David Barnhizer
David Barnhizer
The legal profession has been “running a game” on its clients and on American society in its claim that it can self-regulate. The system of ethical regulation as practiced by the legal profession and courts is not a “real” system nor can it even be said to be an Ideal system. It is a deceptive pretense and pretension. It is time to stop the deception and to construct a new way of regulating lawyers and holding them to account for deficiencies and neglect. Many lawyers will not accept this interpretation either because of self-interest or to avoid facing the uncomfortable …
"No Country For Old Men:" Junior Associates And The Real-World Practice Of Law, Ian Gallacher
"No Country For Old Men:" Junior Associates And The Real-World Practice Of Law, Ian Gallacher
Ian Gallacher
This short essay seeks to give law students hoping to be junior associates at large, big-city law firms some information about the seemingly large salaries offered to them and discusses what life might be like for them if they take a position at one of these firms. The essay begins with a discussion of how much an associate might expect to keep, after the cost of living in a large city is accounted for, from the advertised starting salary offered by such firms. It then considers what it costs the firm to pay an associate such a large salary, how …
Aspire, University Of Michigan Law School
Aspire, University Of Michigan Law School
Miscellaneous Law School History & Publications
Informational pamphlet on the opportunities available when considering University of Michigan Law School.
Teaching Health Law In Rural Ethiopia: Using A Pepfar Partnership Framework And India's Shanbaug Decision To Shape A Course, Sallie Thieme Sanford Sanfords@Uw.Edu
Teaching Health Law In Rural Ethiopia: Using A Pepfar Partnership Framework And India's Shanbaug Decision To Shape A Course, Sallie Thieme Sanford Sanfords@Uw.Edu
Articles
In April 2011, I taught a month-long intensive health law course at Haramaya University College of Law in rural eastern Ethiopia. Given the burgeoning interest in global health law, I suspect, and hope, that others are considering teaching similar courses, whether as visiting or resident faculty. This essay attempts to ease their course preparation workload. I will describe how I used two recent documents – India’s 2011 Shanbaug decision and Ethiopia’s 2010 PEPFAR Partnership Framework – to shape the course. Both of these are worth consideration for use in a variety of health law and policy courses based in low-income …
Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Faculty Scholarship
At least since the 1960s, a “‘two cultures’ phenomenon” has become quite apparent within the legal field in the United States. On one hand, some lawyers, usually those within the university, have been more academically oriented, and, on the other hand, other lawyers, usually those in legal practice or sitting on the bench, have been more pragmatically oriented. Problems arise when these two groups begin to talk differently from each other. In a way, the field of law has developed into at least two different legal professions, and, not surprisingly, scholars and practitioners have experienced tension because of this situation. …
Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Faculty Scholarship
Prior research has sketched out a picture in which, at least since 1960 and continuing to the present, advocates of the differing personae, or roles, of the U.S. law professor have been sharply divided over such personae. Lawyers have advocated two major personae for the law professor to perform. One major persona is that of the scholar, who is a full-time teacher, researcher, and sometimes public servant, but who often has limited practical experience. The other major persona is that of the practitioner, who has a substantial number of years of practice at the bar and is prepared for hands-on …
Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver
Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver
Articles by Maurer Faculty
No abstract provided.
A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer
A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer
Faculty Works
This article introduces a clinical systems approach that reframes professional experience as an interaction with a professional environment. The article encourages clinical faculty and other legal educators to contemplate the pedagogy of systemic interaction when teaching from experience and to then expand professional interactive opportunities within the short period of student participation. Clinical systems theory operates on the premise that students should reframe how they look at their surroundings so that the challenges that make up their professional system are not seen as problems but as means to a solution. Reframing by the student is realized in a clinical system …
Academic Sailers: The Ford Foundation And The Efforts To Shape Legal Education In Africa, 1957-1977, Jayanth K. Krishnan
Academic Sailers: The Ford Foundation And The Efforts To Shape Legal Education In Africa, 1957-1977, Jayanth K. Krishnan
Articles by Maurer Faculty
This study examines a major law-and-development project in Africa undertaken by the New York-based Ford Foundation in the decades following the Second World War. By the 1960s, many countries in Africa freed themselves of colonial rule, and Ford eagerly sought to assist these newly emerging states in the nation-building process. One area towards which Ford contributed considerable resources was legal education. Labeling its program ‘SAILER’ – or the Staffing of African Institutions of Legal Education and Research – Ford engaged in a range of initiatives, including sending American lawyers to teach in several different African countries and bringing Africans to …
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Faculty Publications
In the wake of two momentous critiques of legal education, popularly known as the “Carnegie Report” and “Best Practices,” law schools are reconsidering certain basic assumptions about how we educate future lawyers. Even the most forward-thinking reformers, however, struggle with the details of how to implement many of the recommendations of those reports. Providing more formative assessment, for instance, is a laudable objective but one that has serious ramifications in terms of resource expenditures. This article seeks to provide a remedy for many of these struggles: “Academic Support Across the Curriculum.” This piece argues that the reconceptualization of an under-leveraged …