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2019

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Full-Text Articles in Law

Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish Nov 2019

Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish

Austen Parrish (2014-2022)

The students at the Indiana University Maurer School of Law come to Bloomington from all over the nation. During their summers, the temptation is for them to work in the country’s largest cities, often with the majority working in Indianapolis, Chicago, Washington, D.C., and New York. Many others work in our innovative Stewart Fellows global internship program, where students are placed in countries throughout the world.

Fewer students, however, choose to work in Indiana’s smaller towns, and the hundreds of trial court judges working there often need help. Many trial courts have crowded dockets and limited staffing, particularly those in …


Of Dangers, Conditions, Children, And Maturity: A Plea For A Comprehensible Standard In Long-Standing Rules, Maureen Straub Kordesh Nov 2019

Of Dangers, Conditions, Children, And Maturity: A Plea For A Comprehensible Standard In Long-Standing Rules, Maureen Straub Kordesh

Northern Illinois University Law Review

This Article explores the common law doctrine of attractive nuisance in Illinois and proposes a more detailed explication of the rule. The doctrine lies in the junction between tort and contract, which might account for the incompleteness of its presentation. It argues that because law students are a significant audience for case law, the language of such rules should be as detailed and clear as possible.


Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon Sep 2019

Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon

Articles

Partway through the winter 2019 semester,1 the Supreme Court ruined my favorite summary judgment brief problem while my students were working on it. I had decided to use the problem despite the Court granting cert and knowing it was just a matter of time before the Court issued its decision. In this Article, I share some of the lessons that I learned about the risks involved in using a brief problem based on a pending Supreme Court case. I conclude that, while I have not typically set out to base a problem on a pending Supreme Court case, doing so …


The Future Of Legal Education Reform, James E. Moliterno Aug 2019

The Future Of Legal Education Reform, James E. Moliterno

James E. Moliterno

The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.


Law School Grades And Their Effects: The University Of Michigan Law School Alumni Survey, David L. Chambers Aug 2019

Law School Grades And Their Effects: The University Of Michigan Law School Alumni Survey, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

This short paper is based on a study of graduates of the University of Michigan Law School that was initiated in 1966 and continues today. The paper draws upon information about graduates’ grades in law school as recorded in the law school’s records and combines it with data from surveys of the graduates conducted by mail five, fifteen, twenty-five, thirty-five and forty-five years after graduation. Among the central findings reported are the following. (1) grades and gradepoint averages of Michigan law students rose hugely during the 1960s and 1970s, which can be explained in part by simple grade inflation but …


The Increasing Reliance On Educational Loans By University Of Michigan Law School Graduates, David L. Chambers Aug 2019

The Increasing Reliance On Educational Loans By University Of Michigan Law School Graduates, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Among graduates of the University of Michigan Law School in the classes of 1970 through 1979, about half borrowed to pay for their college or legal education. By the early 1980s the portion who borrowed had risen to about 80 percent and has remained at that level through the classes of early twenty-first century. Even greater growth has occurred in the average debt of those who incurred debt. In actual dollars, average debts among those with debt have increased twenty-fold from the 1970s to the early 2000s. Even in CPI-adjusted dollars, average debts have tripled. By the classes of 2000-2001, …


Political Views Of Graduates Of University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers Aug 2019

Political Views Of Graduates Of University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

In 1966, the University of Michigan Law School initiated an annual survey its graduating classes five and fifteen years after graduation. In 1981, with the survey of the graduates of the class of 1976 after they had been out of law school 5 years and the graduates of the class of 1966 after they been out 15 years, the survey instrument added questions about graduates’ current political views and their recollection of their political views when they began law school. In all years since, graduates have been asked to place themselves on a 7-point scale from “extremely liberal (left)” to …


Retirement, Partial Retirement, And Working Into Old Age: Michigan Law School Graduates 45 Years Out Of Law School, David L. Chambers Aug 2019

Retirement, Partial Retirement, And Working Into Old Age: Michigan Law School Graduates 45 Years Out Of Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

In 1966, the University of Michigan Law School began an annual survey of selected classes of its graduates. For the first few decades of the survey, only the graduating classes five and fifeen years out of law school were included in the survey. Beginning in 1997, graduates 25, 35, and 45 years out of law school were added. This memorandum focuses primarily on surveys conducted between 1997 and 2006 of the living graduates of the classes of 1952 through 1961, who had by then been out of law school for 45 years. After 45 years, the great majority were 69 …


The Effects Of Educational Debts On Career Choices Of Graduates Of The University Of Michigan Law School, David L. Chambers Aug 2019

The Effects Of Educational Debts On Career Choices Of Graduates Of The University Of Michigan Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

In 1966, the University of Michigan Law School began an annual survey of selected classes of its graduates. Beginning in the early 1980s, annual surveys of those five and fifteen years after law school included questions about educational debts incurred during college and law school as well as about career plans at the beginning and end of law school and actual job held in the years since law school. This paper, written in 2009, examines the possible effects of debts on career decisions and job choices made before, during and after law school by the graduating classes of 1976 through …


Finding A Mentor In The Practice Of Law: An Empirical Inquiry, David L. Chambers Aug 2019

Finding A Mentor In The Practice Of Law: An Empirical Inquiry, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For many years the University of Michigan Law School has surveyed its graduates after they have been out of law school five, fifteen, twenty-five, thirty-five and forty-five years. This paper about finding mentors focuses on Michigan Law School alumni surveyed five years after graduation during the sixteen year period between 1985 and 2000 and particularly on those who have ever worked in a private law firm, a setting in which it is commonly believed that having a mentor is critical for a young lawyer’s success.

Our central findings are these: Among alumni who had worked in a law firm within …


The University Of Michigan Law School Alumni Survey Project: Description, Scope And Limits, David L. Chambers Aug 2019

The University Of Michigan Law School Alumni Survey Project: Description, Scope And Limits, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For 41 consecutive years, from 1966 through 2006, the University of Michigan Law School surveyed by mail its graduates after they had been out of law school for 15 years, asking questions about their lives since law school and particularly about their careers as lawyers. Beginning in 1973, the graduates five years out of law school were added to the survey and beginning in 1997, the classes twenty-five, thirty-five and forty-five years out were added as well. Across the years of surveying, 79 percent of the law school’s graduates in the classes of 1952 through 2001 responded to at least …


Women And Men Graduates Of The University Of Michigan Law School: Career Patterns And Adjustments For Children, David L. Chambers Aug 2019

Women And Men Graduates Of The University Of Michigan Law School: Career Patterns And Adjustments For Children, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The University of Michigan Law School conducted mail surveys of classes of its alumni each year from 1966 and 2006. This memorandum builds upon the mail surveys conducted through 2006 and in particular survey questions asked about the sex of the respondent, the settings in which they have worked since law school, the hours they work and their earnings in their current settings, whether they have children and the various adjustments they have made in order to care for children, such as working part-time or leaving the work force altogether for periods of time. The memorandum has two principal focuses: …


Satisfaction With Law School Among Graduates Of The University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers Aug 2019

Satisfaction With Law School Among Graduates Of The University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The University of Michigan Law School conducted mail surveys of selective classes of its alumni each year from 1966 and 2006. The survey was revived online in 2014 and has continued to the present. This memo relates to the surveys through 2006.

For many years, the survey instrument has included questions about graduates’ satisfaction with their law school experience “overall” as well as specific questions about their satisfaction with law school “intellectually,” “as career training” and “socially.” Strongly related to overall satisfaction with law school is the length of time that graduates have been out of law school – the …


The Changing Student Body At The University Of Michigan Law School, David L. Chambers Aug 2019

The Changing Student Body At The University Of Michigan Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Most of the content of the memo that follows has been previously published in the article "Who We Were and Who We Are: How Michigan Law Students Have Changed Since the 1950s: Findings from 40 Years of Alumni Surveys." T. K. Adams, co-author. Law Quad. Notes 51, no. 1 (2009): 74-80, available through this website. This memo provides more detail about changing entry credentials and about the great expansion beginning in the 1970s in the numbers of women students and of racial/ethnic minority students. It also provides information not in the article about the patterns over time in students’ …


Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton Aug 2019

Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton

St. Mary's Journal on Legal Malpractice & Ethics

The author’s chapters in the 2018 professional responsibility hornbook, Legal Ethics, Professional Responsibility, and the Legal Profession, discuss the new data available to help law faculties and students understand the competencies that clients and legal employers want. The foundation for many of these competencies—like ownership over continuous professional development and the relational competencies with clients and teams—is the student’s professional identity or moral core. But students need help to understand these connections.

We have seen some very useful new data over the last few months that will help build bridges among the three major stakeholders in legal education: the …


Incorporating Social Justice Into The 1l Legal Writing Course: A Tool For Empowering Students Of Color And Of Historically Marginalized Groups And Improving Learning, Sha-Shana Crichton May 2019

Incorporating Social Justice Into The 1l Legal Writing Course: A Tool For Empowering Students Of Color And Of Historically Marginalized Groups And Improving Learning, Sha-Shana Crichton

Michigan Journal of Race and Law

The media reports of police shootings of unarmed Black men and women; unprovoked attacks on innocent Jews, Muslims, religious minority groups, and LGBTQ persons; and current pervasive, divisive, and misogynistic rhetoric all cause fear and anxiety in impacted communities and frustrate other concerned citizens. Law students, and especially law students of color and of historically marginalized groups, are often directly or indirectly impacted by these reports and discrimination in all its iterations. As a result, they are stressed because they are fearful and anxious. Research shows that stress impairs learning and cognition. Research also shows that beneficial changes are made …


Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange May 2019

Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange

College of Law Faculty Publications

I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get them written satisfactorily. I could tell the student was frustrated and I could also tell that, for the moment, at least, I was the target of that frustration. Essentially, the student was telling me that he had changed things in accordance with my comments, but I still was not happy. Having been teaching for fifteen years, the frustration …


The Hybrid Law Library Orientation: Video Creation, Face-To-Face Reconfiguration And Comparative Assessment, Rachel S. Evans Mar 2019

The Hybrid Law Library Orientation: Video Creation, Face-To-Face Reconfiguration And Comparative Assessment, Rachel S. Evans

Presentations

In Fall 2018 UGA Law Library changed the orientation process for incoming students. The 3-pronged approach (1) updated a libguide which served as home-base for the online orientation experience, (2) created a brand new video to deliver basic information to 1Ls in the form of a virtual tour, and (3) introduced a one-day outreach which included a resource fair, librarian meet-and-greet, and in-person library tours event to re-enforce the guide and video content. This program will share the reasons why we designed orientation this way, how we did it and assessed impact, and what our results were.


Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 2), Edward R. Becker Mar 2019

Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 2), Edward R. Becker

Articles

Part 1 of this column (January 2019) described several ways that professors and supervisors can help young attorneys transfer their knowledge of legal skills and legal practice to new situations. The pedagogical techniques discussed in Part 1 look forward, helping novice lawyers make connections between what they learn today and how to put those lessons into play tomorrow. This month’s column changes direction. Successful knowledge transfer also looks to the past. When young lawyers and law students are introduced to what might first appear to be brand-new legal skills, their ability to quickly make sense of that new information is …


Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker Jan 2019

Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker

Articles

Every fall, I work with my first year law students to begin developing their legal writing skills. They work hard learning how to analyze cases objectively, predict how a court might resolve a dispute, and convey their assessments to an experienced attorney. Their improvement from September to December is noticeable. They have only one semester of law school behind them and still have much to learn, but they’re on their way…In the second semester, we begin focusing on advocacy. The first assignment asks students to draft a pretrial brief. When I review the drafts, I’m struck by how many problems …


Foundations: Curriculum & Faculty, University Of Michigan Law School Jan 2019

Foundations: Curriculum & Faculty, University Of Michigan Law School

Miscellaneous Law School History & Publications

Michigan Law Faculty are the best of the best. As you look through these pages, you will see some of their accomplishments: They serve as senior advisers to policymakers and governments around the world, they argue important cases in courts of every level, and they produce superb research that addresses society's greatest problems.

Our faculty also take teaching very seriously. They are dedicated to using their research and experience to help create a curriculum that will challenge and transform you. Michigan Law's rich curriculum features foundational courses that evolve with the needs of the profession, a wide array of upper-level …


Law Student Motivation, Satisfaction, And Well-Being: The Value Of A Leadership And Professional Development Curriculum, Douglas A. Blaze Jan 2019

Law Student Motivation, Satisfaction, And Well-Being: The Value Of A Leadership And Professional Development Curriculum, Douglas A. Blaze

Scholarly Works

No abstract provided.


Fake News, Alternative Facts, And Disinformation: The Importance Of Teaching Media Literacy To Law Students, Marin Dell Jan 2019

Fake News, Alternative Facts, And Disinformation: The Importance Of Teaching Media Literacy To Law Students, Marin Dell

Touro Law Review

No abstract provided.


The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel Jan 2019

The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel

Touro Law Review

No abstract provided.


Mindfulness In Legal Ethics And Professionalism, Peter H. Huang Jan 2019

Mindfulness In Legal Ethics And Professionalism, Peter H. Huang

Publications

Mindfulness involves paying attention with curiosity in an intentional, open, and compassionate way to life as it unfolds moment to moment. Law students, lawyers, law professors, legal clients, and indeed all people can improve their lives through mindfulness. Mindfulness can lead to individual benefits and personal transformation. Mindfulness can also lead to societal benefits and social change. This invited symposium contribution exemplifies how mindfulness can facilitate the positive personal and professional development of law students by presenting excerpts of law students' answers discussing mindfulness to questions from the final examination of the course: Legal Ethics and Professionalism. Notably, none of …


Can Mindfulness Help Law Students With Stress, Focus, And Well-Being: An Empirical Study Of 1ls At A Midwestern Law School, Richard C. Reuben, Kennon M. Sheldon Jan 2019

Can Mindfulness Help Law Students With Stress, Focus, And Well-Being: An Empirical Study Of 1ls At A Midwestern Law School, Richard C. Reuben, Kennon M. Sheldon

Faculty Publications

Recent calls for law students, lawyers, judges, and others in the legal profession to try mindfulness training to reduce stress and enhance wellbeing beg the question of whether mindfulness will "work" for those in the uniquely rigorous environment of law. There is no empirical research on mindfulness effects for lawyers - unlike the medical field, where research has found beneficial effects of mindfulness training for doctors, nurses, and other health care providers. To fill this gap in the literature, we conducted an empirical study of forty-seven first year, first semester law students at the University of Missouri School of Law …