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Full-Text Articles in Law
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Faculty Scholarship
No abstract provided.
Repealing The Statute Of Wizarding Secrecy In Legal Education, Mark Burge
Repealing The Statute Of Wizarding Secrecy In Legal Education, Mark Burge
Faculty Scholarship
In the fictional Harry Potter universe, J.K. Rowling has fashioned a parallel world based on our own, but with the fundamental difference of a separate magical society grafted onto it. In Rowling’s fictional version, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and was brought about by centuries-long hostility toward wizards by the non-magical majority. But what if secrecy is precisely the wrong approach? What if widespread wizard-Muggle collaboration were precisely the thing needed to address the enormous and pressing problems of the day?
The …
The 'Other' Market, Cody Jacobs
The 'Other' Market, Cody Jacobs
Faculty Scholarship
The hiring market for tenure-track non–legal writing positions is a world unto itself with its own lingo (i.e., “meat market” and “FAR form”), its own unwritten rules (i.e., “Do not have two first-year courses in your preferred teaching package.”), and carefully calibrated expectations for candidates and schools with respect to the process and timing of hiring. These norms and expectations are disseminated to the participants in this market through a relatively well-established set of feeder fellowships, visiting assistant professor programs, elite law schools, blogs, and academic literature on the subject.
But there is another market that goes on every year …
Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock
Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Law School Deans And The “New Normal.", Peter C. Alexander
Law School Deans And The “New Normal.", Peter C. Alexander
Faculty Scholarship
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.
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 …
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Faculty Scholarship
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
Teaching Employment Discrimination, Angela Onwuachi-Willig
Teaching Employment Discrimination, Angela Onwuachi-Willig
Faculty Scholarship
In this Essay, I explore and discuss various methods for effectively teaching civil rights to this "post-racial" generation. Specifically, I examine the following four classroom challenges: (1) this generation's general lack of understanding about the historical context in which many civil rights laws-for purposes of this Essay, Title VII-arose; (2) the general lack of real-life work experience among many law students; (3) a growing decline in the racial and ethnic diversity of law school classes; and (4) the increasing complexities of discrimination in the workplace, including forms of discrimination such as proxy discrimination and demands for covering. 11 I analyze …
The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel
The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel
Faculty Scholarship
This article explores the current organization of the South African bar and describes the legal education system and the licensing requirements for both attorneys and advocates, as well as those for foreign attorneys. Interspersed throughout the article are discussions of the system’s strengths and weaknesses, particularly in light of the transformation required after the end of apartheid, including some of the key challenges still facing South Africa.
Educating And Training Of Lawyers In Japan: A Critical Analysis, Setsuo Miyazawa
Educating And Training Of Lawyers In Japan: A Critical Analysis, Setsuo Miyazawa
Faculty Scholarship
No abstract provided.
The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio
The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio
Faculty Scholarship
This article explores the use of advanced computer technologies to offer distance learning programs in United States law schools. It begins with an explanation of the original distance learning methods and differentiates them from current methods that incorporate computer-based technologies. The article also explains the different types of technologies available for use in distance learning and describes the model currently in use at the Shepard Broad Law Center at Nova Southeastern University ("Law Center"). Finally, it discusses the pedagogical and planning issues that arise when using this technology, the hardware that is required, and the costs associated with this type …
Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa
Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa
Faculty Scholarship
No abstract provided.
Mandatory Prelicensure Legal Internship: A Renewed Plea For Its Implementation In Light Of The Maccrate Report, Stephen R. Alton
Mandatory Prelicensure Legal Internship: A Renewed Plea For Its Implementation In Light Of The Maccrate Report, Stephen R. Alton
Faculty Scholarship
Since its publication in 1992, virtually everyone who has any opinion about American legal education has been talking about the Mac- Crate Report. Relatively few among this multitude seem actually to have read the report itself. The purpose of this essay is to present an overview of this thoughtful document, along with some thoughts of my own regarding its implications for the future of legal education, particularly its implications for a mandatory prelicensure legal internship.
Skills For Diversity: Description, Evaluation And Recommendations, Eric S. Janus
Skills For Diversity: Description, Evaluation And Recommendations, Eric S. Janus
Faculty Scholarship
In May 1991, the William Mitchell College of Law Faculty voted to offer to all first year students the following fall a program to assist students "in learning how to work effectively with diverse others in professional situations." The faculty directed that the program be supervised by a member of the full time faculty, and that reaction to the program be evaluated by the Curriculum Committee. During the Summer 1991, the dean appointed me to supervise the program, and I asked Assistant Dean Joan Bibelhausen to assist me. The two of us worked closely with an informal group called the …