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Legal Education

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2014

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Full-Text Articles in Law

Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff Dec 2014

Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff

Susan Daicoff

Professional identity formation as a learning objective in law school may appear to be nontraditional and perhaps even innovative. While perhaps not a new concept, it is not typically an explicit goal of legal education. Empirical data finds that law school has demonstrable effects upon law students’ professional development; it also finds that certain nontraditional skills and competencies (or “soft skills”) make lawyers most effective. This article argues for explicit planning for and inclusion of professional identity development, including training in these nontraditional skills, in legal education. Professional identity encompasses one’s values, preferences, passions, intrinsic satisfactions, emotional intelligence, as well …


Keynote Address: Remarks At The Workshop On Tapping Into The World Of Electronic Legal Knowledge , Muna Ndulo Dec 2014

Keynote Address: Remarks At The Workshop On Tapping Into The World Of Electronic Legal Knowledge , Muna Ndulo

Muna B Ndulo

Professor Muna Ndulo of Cornell Law School presented the keynote address at the 2007 Starr Workshop, “Tapping into the World of Electronic Legal Knowledge.” The workshop took place at Cornell Law School October 7-10, 2007 and was co-sponsored by the Starr Foundation, New York University Law Library, and Cornell Law Library. Professor Ndulo addresses the topic of new information technologies and their importance to legal research and teaching.


A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii Nov 2014

A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii

Robert H. Jerry II

The nature of the space in which we work, teach, and study is important. The design of our surroundings affects our attitudes, moods, self-esteem, efficiency, and sense of community. For our students, space makes a difference in the quality of the learning experience. It is possible to teach and learn in deficient space, but it is easier to teach and learn when both faculty and students are comfortable, happy, and not distracted by the inconveniences and annoyances of a poorly designed environment. Inadequate space prevents us from achieving all of which we are capable, thereby diminishing our productivity, creativity, and …


Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky Nov 2014

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky

Robert H. Jerry II

Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …


Reflections On Leadership, Robert H. Jerry Ii Nov 2014

Reflections On Leadership, Robert H. Jerry Ii

Robert H. Jerry II

This essay discusses aspects and theories of leadership, focusing on the servant-leadership theory and the writings of Robert Greenleaf, among others. The author concludes that servant-leadership theory is particularly well-suited to academic leadership, which generally has a close nexus with public service.


Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier Nov 2014

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

Charles W. Collier

No abstract provided.


Socioeconomics: Choice And Challenges, Jeffrey L. Harrison Nov 2014

Socioeconomics: Choice And Challenges, Jeffrey L. Harrison

Jeffrey L Harrison

The crucial link between rules and policy is choice. Rules require people to make choices that further policy. In addition, a single rule that is claimed to advance a specific policy involves a behavioral assumption of one kind or another. In this Article, the Author offers some closing observations with regard to the collection of articles from the Teaching Law & Socioeconomics Symposium. The Author's comments fall into two categories. First, he discusses an important theme that he has found throughout the articles: the importance of linking policy with the rules that further those policies by examining the determinants of …


Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison Nov 2014

Post-Tenure Scholarship And Its Implications, Jeffrey L. Harrison

Jeffrey L Harrison

Periodically in the popular press and even in academic circles, the question arises of whether professors should be granted lifetime employment contracts based on a sample of four to six years of a probationary period. Further clouding the issue of how easily tenure should be granted is the question of what determines tenure. Is it a reward for past efforts or based on a forecast of future productivity? These concepts may seem like the same thing but they are not. Accordingly, the huge commitment of resources that occurs when tenure is granted paired with the Author's observations of pre-tenure scholars …


Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison Nov 2014

Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison

Jeffrey L Harrison

The primary focus of this essay is the ethical dimension of the decisions faculty governance requires law professors to make. This essay is devoted to the proposition that conditions are ideal for most law schools to be governed for the benefit of the faculty at the expense of the welfare of students and others (stakeholders) who expect to be served by the law school. This section also suggests that faculty shirking, if it occurs, stems primarily from a lack of respect for those whom the law school serves. Section II addresses the second step. Having described shirking and capture in …


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 …


Diversity In Law Schools: Where Are We Headed In The Twenty-First Century, Jon L. Mills Nov 2014

Diversity In Law Schools: Where Are We Headed In The Twenty-First Century, Jon L. Mills

Jon L. Mills

While we had historically recruited a large number of minority candidates to campus, because of the departures of our minority faculty, we needed to evaluate both our ability to recruit and our ability to retain minority faculty. Discriminatory hiring based on race is forbidden by law. The University of Florida is an equal opportunity employer. As a practical and legal matter, and in contrast to our current student admissions policy, we can consider race in employment decisions only to remedy past discrimination and only if narrowly tailored to serve a compelling state interest. First, it is important to understand the …


Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast Nov 2014

Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

Nancy Dowd

This Article presents more evidence of the inequality that persists in legal education for students. Based on a survey of University of Florida law students conducted in 2001, this study reaffirms the existence of differential experience and an inegalitarian culture in legal education. However, it also demonstrates the importance of diversity and the recognition by a significant majority of students of the value of race and gender pluralism. These competing findings provide a clear guide to the future direction of legal education.


Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments, Ian Gallacher Nov 2014

Lights! Camera! Law School?: Using Video Interviews To Enhance First Semester Writing Assignments, Ian Gallacher

Ian Gallacher

This short article discusses why the Legal Communication and Research program at Syracuse University College of Law has used video interviews between hypothetical clients and attorneys as an alternative to the traditional assignment memo. The article also discusses some of the technical issues related to this approach and suggests some techniques budding producers might use to develop effective and engaging videos to enhance traditional legal writing assignments.


Widener Adds Support For A State-Sponsored Law School, Erin Daly Oct 2014

Widener Adds Support For A State-Sponsored Law School, Erin Daly

Erin Daly

No abstract provided.


Affirmative Action: Between The Oikos And Cosmos Review Essay: Richard Sander & Stuart Taylor, Jr., Mismatch: How Affirmative Action Hurts Students It's Intended To Help And Why Universities Won't Admit It, Harry G. Hutchinson Oct 2014

Affirmative Action: Between The Oikos And Cosmos Review Essay: Richard Sander & Stuart Taylor, Jr., Mismatch: How Affirmative Action Hurts Students It's Intended To Help And Why Universities Won't Admit It, Harry G. Hutchinson

South Carolina Law Review

No abstract provided.


Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda Oct 2014

Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda

Indiana Law Journal

Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.


Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry Oct 2014

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Faculty Scholarly Works

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …


"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton Sep 2014

"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton

Akron Law Faculty Publications

Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …


Clinical Legal Education In Afghanistan: Next Steps, Stephen A. Rosenbaum Sep 2014

Clinical Legal Education In Afghanistan: Next Steps, Stephen A. Rosenbaum

Publications

Law and Shari’a faculties in Afghanistan now have a critical mass of professors trained in the principles of interactive teaching and experiential education. Many deans and other administrators are keen on the idea of hosting a legal clinic or an innovative educational model. Piloting a clinical program requires a team of junior and senior faculty members who remain in continuous and long-term contact with their peers and practitioners across the nation, and with clinicians in the Global South and North. This should include a partnership with a reputable law school abroad for study, clinical practice and clinic tutorials; assistance from …


Whose Article Is It Anyway? Student Editors And The Law Review Process, Josephine R. Potuto Aug 2014

Whose Article Is It Anyway? Student Editors And The Law Review Process, Josephine R. Potuto

Josephine R Potuto

Law professors publish in law reviews, not peer-reviewed journals. They are edited by law students. The editing process can be both irritating and exasperating. From experiences lived and those shared by colleagues across the country, I provide concrete examples of where law student editors go wrong, and also explain why.


The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz Aug 2014

The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Iu Maurer School Of Law Creates Scholarship, Mentoring Programs With 4 Colleges, Mj Slaby Jul 2014

Iu Maurer School Of Law Creates Scholarship, Mentoring Programs With 4 Colleges, Mj Slaby

Austen Parrish (2014-2022)

No abstract provided.


Virginia Bar Exam, July 2014, Section 2 Jul 2014

Virginia Bar Exam, July 2014, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2014, Section 1 Jul 2014

Virginia Bar Exam, July 2014, Section 1

Virginia Bar Exam Archive

No abstract provided.


Iu Maurer Dean Builds Relationships Beyond The Law School, Mary Odendahl Jul 2014

Iu Maurer Dean Builds Relationships Beyond The Law School, Mary Odendahl

Austen Parrish (2014-2022)

No abstract provided.


Transformations In Health Law Practice: The Interections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara J. Zabawa, Paula Galowitz May 2014

Transformations In Health Law Practice: The Interections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara J. Zabawa, Paula Galowitz

Louise G Trubek

The passage and implementation of the Affordable Care Act is propelling transformations in health care. The transformations include integration of clinics and hospitals, value based care, patient centeredness, transparency, computerized business models and universal coverage. These shifts are influencing the practice of health law, a vibrant specialty field considered a “hot” area for new lawyers. The paper examines how the transformations in health care are intersecting with ongoing trends in law practice: increase in in-house positions, collaboration between medical and legal professionals, and the continued search for increased access to legal representation for ordinary people. Three health law workplace sites …


Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee Apr 2014

Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee

Robert Rhee

Case studies and case simulations can be used to teach LLCs with an eye toward training business lawyers. These tools can be used in the traditional four-credit Business Associations (BA) course to supplement traditional teaching materials with mini-case studies that accent and apply analysis of primary legal sources. Alternatively, case studies and case simulations can be the centerpiece of a specialized course on LLCs. We discuss both approaches in this short essay.


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 Apr 2014

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

Robert Rhee

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 …


Changing Markets Create Opportunities: Emphasizing The Competencies Legal Employers Use In Hiring New Lawyers (Including Professional Formation/Professionalism), Neil Hamilton Apr 2014

Changing Markets Create Opportunities: Emphasizing The Competencies Legal Employers Use In Hiring New Lawyers (Including Professional Formation/Professionalism), Neil Hamilton

South Carolina Law Review

No abstract provided.


Stratification, Expansion, And Retrenchment: International Legal Education In U.S. Law Schools, Nora V. Demleitner Apr 2014

Stratification, Expansion, And Retrenchment: International Legal Education In U.S. Law Schools, Nora V. Demleitner

Scholarly Articles

None available.