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2013

Legal Education

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Full-Text Articles in Law

Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii Dec 2013

Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii

William & Mary Bill of Rights Journal

No abstract provided.


Legal Writing--What’S Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello, Charles Maclean Nov 2013

Legal Writing--What’S Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello, Charles Maclean

Adam Lamparello

No abstract provided.


A Methodical Approach To Legal Research: The Legal Research Plan, An Essential Tool For Today's Law Student And New Attorney, Caroline L. Osborne Nov 2013

A Methodical Approach To Legal Research: The Legal Research Plan, An Essential Tool For Today's Law Student And New Attorney, Caroline L. Osborne

Caroline L. Osborne

This article lays out an approach to teaching legal research through an examination of historical and contemporary approaches to legal research and research instruction. It discusses creating a research plan and reviews the most commonly used legal research texts. It concludes with sample research assignments and assessment tools.


On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer Nov 2013

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


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 Nov 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

Robert Rhee

No abstract provided.


Using The Client-File Method To Teach Transactional Law, Bradley T. Borden Nov 2013

Using The Client-File Method To Teach Transactional Law, Bradley T. Borden

Bradley T. Borden

This Article presents a teaching method (the client-file method) for transactional law courses that combines the business school case-study method with the law school case method. The client-file method of teaching requires students to become familiar with real-word legal issues and the types of documents and information that accompany matters that transactional clients bring to attorneys (i.e., the contents of a client file). The method also requires students to learn and apply substantive law to solve problems that arise in a transactional law practice. Because the client-file method places students in a practice setting, it helps them become more practice-ready …


Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee Oct 2013

Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee

Robert Rhee

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


Foreword, Robert J. Rhee Oct 2013

Foreword, Robert J. Rhee

Robert Rhee

No abstract provided.


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …


Extending Courthouse 'Keys' To Those In Need, Linda L. Ammons Oct 2013

Extending Courthouse 'Keys' To Those In Need, Linda L. Ammons

Linda L. Ammons

No abstract provided.


An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves Oct 2013

An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves

Touro Law Review

The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.


Beg Borrow Or Steal: Ten Lessons Law Schools Can Learn In Evaluating Their Curriculum From Other Educational Programs, Debra Moss Curtis Oct 2013

Beg Borrow Or Steal: Ten Lessons Law Schools Can Learn In Evaluating Their Curriculum From Other Educational Programs, Debra Moss Curtis

Debra Moss Curtis

Beg, Borrow or Steal: Ten Lessons Law Schools Can Learn in Evaluating their CurriculumBy Debra Moss CurtisIt is indisputable that law schools are clamoring for and working toward change in their curriculum. Generally, higher education institutions have been acknowledged to have a “responsibility to endeavor to prepare graduates who are able to manage and respond effectively to change and its demands, challenges ad tensions.” However, despite criticisms and active discussions regarding curriculum reform for 25 years, law school curriculum reform has been seen as tedious and frustrating, resulting through the years in only modest changes.While in the past, …


Dean's Desk: Third Year Offers Students Opportunity To Define, Hone Skills, Hannah L. Buxbaum Oct 2013

Dean's Desk: Third Year Offers Students Opportunity To Define, Hone Skills, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler Sep 2013

"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler

David D. Butler

This 2,285 essay combines California's often violent history with European and American high and low culture to explain my decision to leave San Francisco in the 1970's and to study and practice law in other states. At the time, I was platflorm man (operator) on the 30 Stockton electric trolley through South of Market, the Financial District, Chinatown, Pacific Heights, and the Marina. Nevertheless, at the time the Nation of Islam had at least one armed group, the Zebra killers, murdering Whites, often slowly with machetes. I joined the White, Middle-Class, Taxpaying majority in their diaspora to safer places. My …


Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor Sep 2013

Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor

Michael A. Zuckerman

No abstract provided.


A More Cost Effective Model For Legal Education, Jack Graves Sep 2013

A More Cost Effective Model For Legal Education, Jack Graves

Scholarly Works

In his most recent book, Richard Susskind focuses on three primary drivers of change in the market for legal services: (1) the “more-for-less” challenge; (2) the “liberalization” of the regulatory environment; and (3) the effective use of “information technology.” These same three drivers provide the keys to unlocking a more efficient and effective system of legal education. The price of a legal education must be significantly reduced at the vast majority of law schools, and we must deliver a better education at this reduced price. Together, these two objectives comprise the obvious, yet daunting, “more-for-less” challenge we face as educators. …


The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia P. Loren Aug 2013

The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia P. Loren

Lydia P Loren

It is not uncommon for a new hardbound copy of today’s law school casebooks to exceed $200. And, each year, the prices inch ever higher. After exploring the various dynamics in the traditional publishing market that have led to the current prices for casebooks, this article describes the experiences of Semaphore Press, a publisher of law school casebooks that offers a very different approach to providing law school casebooks. Semaphore Press offers digital copies of required textbooks for law school classes (in pdf format with no digital rights management (DRM) restrictions) at a suggested price of $30. In addition, students …


"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin Aug 2013

"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin

Robert J. Condlin

The sky is falling on legal education say the pundits, and preparing “practice ready” graduates is one of the best strategies for surviving the fallout. This is a millennialist version of the argument for clinical legal education that dominated discussion in the law schools in the 1960s and 1970s. The circumstances are different now, as are the people calling for reform, but the two movements are alike in one respect: both view skills training as legal education’s primary purpose. Everything else is a frolic and detour, and a fatal frolic and detour in hard times such as the present. No …


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Aug 2013

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …


Will The Income-Based Repayment Program Enable Law Schools To Continue To Provide "Harvard-Style" Legal Education?, Greg Crespi Aug 2013

Will The Income-Based Repayment Program Enable Law Schools To Continue To Provide "Harvard-Style" Legal Education?, Greg Crespi

Greg Crespi

ABSTRACT Legal education provided in the prevailing “Harvard-style” now costs students on average between $160,000 and $250,000 for their three years of study, the precise amount depending on the law school attended, the alternative employment opportunities foregone, and the amount of scholarship assistance provided. However, the median starting salary for full-time, entry-level legal positions has declined in recent years to only $60,000/year, and upwards of 45% of recent law graduates are now unable to obtain full-time legal employment within 9 months of their graduation, and this dismal employment situation is unlikely to significantly improve over the next few years. While …


Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione Aug 2013

Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione

Kristen Konrad Robbins-Tiscione

The attached article argues that the best way to solve the current crisis in legal education is for law schools to commit to teaching writing by creating a six-semester writing requirement. In a 2011 article published in the Journal of Legal Education, John Lynch urged legal writing faculty to return to an outmoded and ineffective writing pedagogy, the “product approach,” on the grounds that it would make teaching legal writing easier. This article demonstrates that what Lynch calls legal writing’s hobble has become legal education’s problem. By failing to commit to teaching writing, law students are graduating without adequate preparation …


Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli Aug 2013

Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli

Paula A Monopoli

American legal education is in the grip of what some have called an “existential crisis.” The New York Times proclaims the death of the current system of legal education. This is attributed, in part, to the incentivizing of faculty to produce increasingly abstract scholarship and the costs this imposes on pedagogy and the mentoring of students. At the same time, despite women graduating from law schools in significant numbers since the 1980s, they continue to lag behind in the most prestigious positions in academia—tenured, full professorships: From academic year 1998-99 to academic year 2007-08, the percentage of women full professors …


Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan Aug 2013

Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan

Nantiya Ruan

Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …


Using Experiential Education To Develop Human Resources For The Nonprofit Community: A Course Study Analysis, Ann C. Hodges Aug 2013

Using Experiential Education To Develop Human Resources For The Nonprofit Community: A Course Study Analysis, Ann C. Hodges

Law Faculty Publications

In this era of shrinking resources and increased pressure to produce "practice-ready" lawyers, law schools are seeking new and cost-effective ways to provide experiential education. This article reports and analyzes the results of a survey of graduates and students from a course in Nonprofit Organizations that incorporated a community-based project designed to develop skills, enhance learning and encourage post-graduation involvement with nonprofits. Although limited to one course, this course study, like a case study, offers valuable information. Consistent with other research on experiential education, the survey supports the conclusion that such projects, while less resource intensive and comprehensive than clinics, …


Virginia Bar Exam, July 2013, Section 2 Jul 2013

Virginia Bar Exam, July 2013, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2013, Section 1 Jul 2013

Virginia Bar Exam, July 2013, Section 1

Virginia Bar Exam Archive

No abstract provided.


Synaptic Plasticity In Neurological Deficit As A Form Of Indemnification: The Utility Of Analogical Thinking, Madeleine Schachter, Madeleine Schachter Jul 2013

Synaptic Plasticity In Neurological Deficit As A Form Of Indemnification: The Utility Of Analogical Thinking, Madeleine Schachter, Madeleine Schachter

Madeleine Schachter

The need for creative problem-solving is as infinite as are the ways in which to engage in it. This article posits that one useful, albeit not flawless, mechanism in which to seek scientific advancements is through the use of analogical thinking. The technique has been invoked in virtually all disciplines, sometimes successfully and sometimes not. The utility of thinking by analogy lies, paradoxically, in its capacity to conceptualize a solution or a viable avenue of further inquiry as much as in its capacity to expose flaws in the analogical concept hypothesized. As such, it is an important means of stimulating …


No Path But One: Law School Survival In An Age Of Disruptive Technology, Michele R. Pistone, John J. Hoeffner Jul 2013

No Path But One: Law School Survival In An Age Of Disruptive Technology, Michele R. Pistone, John J. Hoeffner

Michele R. Pistone

In the absence of a dramatic shift in their approach to legal education, law schools are approaching the last days of Rome, a time when decline cannot be reversed and only the precise date of the final fall is to be determined. The role of marauding Germanic tribes will be played by new legal education competition whose emergence is enabled by recent technological developments. The new competition will be highly flexible, unencumbered by expensive legacy costs and, because it will reside mainly online, so scalable that no traditional, place-based law school will be immune from its impact. There will be …