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Full-Text Articles in Law

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen Sep 2019

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Charlotte Ku

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …


Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson Dec 2017

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

Kari L. Aamot Johnson

No abstract provided.


Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss Jul 2015

Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss

Andrew P. Morriss

The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …


Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss Jul 2015

Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss

Andrew P. Morriss

The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …


Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan Jul 2015

Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan

Darren O'Donovan

Extract: Higher education is increasingly viewed, particularly in the United States, as a market approaching systemic failure. Legal education has been singled out as a subset of this overall trend, emblematic of a growing disconnect between investment and outcome. Internationalisation adds another layer of complexity and volatility to designing effective interventions that connect students with globalised opportunity. Crucially however, it also provides a chance for a rigorous re-evaluation of the purposes and modalities of legal education, and a greater reflection on sustainable growth rather than the reinforcing of bubble logic. In this chapter, I want to use the concept of …


Apps, Artificial Intelligence, And Androids: Beyond Schumpeter’S “Creative Destruction” To “Destructive Destruction” David Barnhizer, David Barnhizer Jan 2015

Apps, Artificial Intelligence, And Androids: Beyond Schumpeter’S “Creative Destruction” To “Destructive Destruction” David Barnhizer, David Barnhizer

David Barnhizer

The analysis offered here is not a Neo-Luddite rage against “the machine”. As with the oft-stated reproach about paranoia, there sometimes really are situations in which people are “out to get you”. In our current situation the threat is not from people but from the convergence of a set of technological innovations that are and will increasingly have an enormous impact on the nature of work, economic and social inequality and the existence of the middle classes that are so vital to the durability of Western democracy. The fact is that developed nations’ economies such as found in Western Europe …


A Message From Your Body: Dream The Answer, Jalae Ulicki Dec 2014

A Message From Your Body: Dream The Answer, Jalae Ulicki

Jalae Ulicki

So, you are sitting in class and listening to the professor’s lecture and pretty soon the professor’s voice starts droning on and on and you find yourself nodding off…your brain activity has started slowing down and you find your body muscles relaxing. As the class disappears around you, you have now entered the first stage of sleep from which you can easily be awakened. Suddenly, you hear your name being called by the professor and you jerk wide awake (called a myclonic jerk) and you ask the professor “Could you please repeat the question?”


Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison Nov 2014

Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison

Jeffrey L Harrison

This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of …


What Is The Mission Of The Catholic Law School?, Richard Garnett Feb 2014

What Is The Mission Of The Catholic Law School?, Richard Garnett

Richard W Garnett

Article "What is the Mission of the Catholic Law School?" by Rick Garnett in the Irish Rover. The article is part of a talk given by Prof. Garnett.


Taking Back The Legal Profession, Lee T. Nutini Jan 2014

Taking Back The Legal Profession, Lee T. Nutini

Lee T Nutini

A reaction piece addressing the current economic and market crisis related to failing law school education and the lawyer bubble.


The Birth Of A New Teaching Idea.Pdf, Jalae Ulicki Dec 2013

The Birth Of A New Teaching Idea.Pdf, Jalae Ulicki

Jalae Ulicki

As we know, 65% of the population is visually dominated, and therefore I presume that this statistic applies to most of my class as well. The visual "magnet" to which my students are attracted in the classroom is my screen. So, what could I do with that "magnet" that would hold their attention, be collaborative, and build upon their ability
to retain what they saw in the "magnet" and use that retained information to enhance their performance in law school and in their future practice?


A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho Dec 2013

A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho

Jeremiah A. Ho

Review of Teaching Law: Justice, Politics, and the Demands of Professionalism. By Robin L. West. Cambridge and New York: Cambridge University Press. 2014. Pp. 246. Cloth, $90; paper, $32.99.


The Gift Of Milner Ball, Thomas L. Shaffer Nov 2013

The Gift Of Milner Ball, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver Jun 2013

Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver

Marjorie A. Silver

By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.


Cat, Cause, And Kant, Richard Peltz-Steele Jun 2013

Cat, Cause, And Kant, Richard Peltz-Steele

Richard J. Peltz-Steele

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.


Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele Jun 2013

Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele

Richard J. Peltz-Steele

A simple change in state law could improve the quality of legal education in Arkansas and the quality of legal services available to our consumers - and save significant amounts of taxpayers' money. With an Afterword on academic freedom. Also available from Advance Arkansas Institute website.


The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno Jan 2013

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno

James E. Moliterno

No abstract provided.


How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives.Pdf, Jalae Ulicki Dec 2012

How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives.Pdf, Jalae Ulicki

Jalae Ulicki

Imagine a world in which a society exists divided into two separate factions. One segment is the “teachers” those who for 200 years have been the “keepers of the books.” In this segment of society, there exists a hierarchy, and movement within that hierarchy is dependent upon various rights-of-passage. Only those among them who strictly follow carefully laid down rules from the “ancestors” can move within the branches of that society or upward through the hierarchy of that society. Despite these divisional segments, the goal of the faction is clear: impart the “information in the books” to the other segment …


Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus Nov 2012

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.


They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin Jul 2012

They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin

Patricia E. Salkin

This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.


It's Not Just A Writing Problem, Suzanne Darrow Kleinhaus Dec 2011

It's Not Just A Writing Problem, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.


Making Irac Visible, Suzanne Darrow Kleinhaus, Nancy Ellen Chanin Dec 2011

Making Irac Visible, Suzanne Darrow Kleinhaus, Nancy Ellen Chanin

Suzanne Darrow Kleinhaus

No abstract provided.


Cultivating Intelligence: Power, Law, And The Politics Of Teaching, Louise Harmon, Deborah Post Aug 2011

Cultivating Intelligence: Power, Law, And The Politics Of Teaching, Louise Harmon, Deborah Post

Deborah W. Post

No abstract provided.


Cultivating Intelligence: Power, Law, And The Politics Of Teaching, Louise Harmon, Deborah Post Aug 2011

Cultivating Intelligence: Power, Law, And The Politics Of Teaching, Louise Harmon, Deborah Post

Louise Harmon

No abstract provided.


Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine May 2011

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Samuel J. Levine

In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …


The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway Apr 2011

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway

Deseriee A. Kennedy

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …


The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach Jan 2011

The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach

John C. Dernbach

This article suggests that law schools need to play a leading role in the national and global effort to achieve sustainability, including the effort to address climate change. The article first describes the various drivers for sustainability in law schools. Clients are increasingly demanding that their lawyers 'walk the talk,' as many businesses and corporations already are. The universities that provide an institutional home for most law schools are also adopting sustainability policies and practices that influence their law schools. Within the legal profession, the American Bar Association, as well as many state and local bar associations, have adopted a …


Learning By Magic - It Is Not A Trick, Stephen Gerst Dec 2010

Learning By Magic - It Is Not A Trick, Stephen Gerst

Stephen A Gerst

No abstract provided.


Let's Focus On Forms For Teaching, Jalae Ulicki Dec 2010

Let's Focus On Forms For Teaching, Jalae Ulicki

Jalae Ulicki

Conventional wisdom tells us that forms “stifle” the thought process, but I disagree. Conventional wisdom should tell us that the expanding needs of our changing world, set amidst the abundance of form pleadings and other legal forms in usage today, should stimulate the thought process. Law professors can and should use forms in law school to help students construct meaning from the forms that they will be using in practice.


Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland Dec 2010

Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland

Adam Epstein

The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.