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Legal Education

2005

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Full-Text Articles in Law

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel Dec 2005

Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel

ExpressO

This article is an empirically-based follow-up to a piece I published last year in the Journal of Legal Education entitled, On Collegiality, 54 J. Legal Educ. 406 (2004). It provides insight into the process of conducting empirical research and sets forth some preliminary – yet very intriguing – data and qualitative information gleaned from a survey responded to by more than 1200 law professors nationwide. The survey addressed a wide range of topics related to collegiality and job satisfaction in the legal-academic profession.


Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman Dec 2005

Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman

ExpressO

This article explores how mental disability issues can be incorporated into a traditional criminal law class, in order to enrich student understanding of both mental disability law and criminal law doctrine. The intersection of mental disability with the doctrinal aspects of criminal law can be broken into five major categories: 1) the justifications for punishment; 2) the definition of crime in general, e.g., the requirements of a voluntary act, mens rea, and causation; 3) the definition of particular crimes, such as murder, manslaughter, rape, and burglary; 4) defenses to crime, including mistake of law and of fact, as well ...


How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (Duke University Press 2005), Jean Stefancic, Richard Delgado Nov 2005

How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (Duke University Press 2005), Jean Stefancic, Richard Delgado

University of Pittsburgh School of Law Working Paper Series

This is an excerpt from How Lawyer’s Lose Their Way: A Profession Fails Its Creative Minds. Professors Jean Stefancic and Richard Delgado use historical investigation and critical analysis to diagnose the cause of the pervasive unhappiness among practicing lawyers. Most previous writers have blamed the high rate of burnout, depression, divorce, and drug and alcohol dependency among these highly paid professionals on the narrow specialization, long hours, and intense pressures of modern legal practice. Stefancic and Delgado argue that these professional demands are only symptoms of a deeper problem: the way lawyers are taught to think and reason. They ...


Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe Nov 2005

Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe

ExpressO

This article advocates that law schools should provide bar exam preparation for students, including instruction regarding effective writing for bar exams. Using the reader expectation approach and considering the unique conventions of the legal profession's discourse community as a theoretical backdrop, this article examines effective writing for bar exams. It also provides practical recommendations for instructing students to write effective bar exam answers.


Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver Oct 2005

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

ExpressO

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools ...


Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham Sep 2005

Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

Accounting textbooks for law or business schools invariably provide secondary narrative presentations of materials in the authors’ own words. A better approach to learning this subject is to present thematically arranged original accounting pronouncements. In so designing this innovative book, readers appreciate how accounting is a tool that provides conceptual organization to economic exchange. The tool facilitates analyzing legal, business and public policy aspects of the transactions that accounting addresses. The original accounting standards, as well as SEC enforcement actions, presented in this book illuminate why transactions are pursued and related decisions made, economic aspects of transactions, and the conceptual ...


Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki Sep 2005

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

ExpressO

The article discusses how the current methods of teaching law students hinder their ability to transfer the knowledge and skills learned in law school to the practice of law. I propose integrating learning theory into the law school curriculum, with a specific focus on teaching metacognitive skills. Generally, metacognition refers to having both an awareness of and control over one’s learning and thinking. Professors can help the students gain an awareness of their learning by focusing the students on which learning preferences and experiences they bring to law school and how they can match them to the skills required ...


Collaboration And Modeling: Reconsidering "Non-Directive" Orthodoxy In Clinical Legal Education, Harriet N. Katz Sep 2005

Collaboration And Modeling: Reconsidering "Non-Directive" Orthodoxy In Clinical Legal Education, Harriet N. Katz

ExpressO

Clinical legal education scholarship has primarily emphasized “nondirective” supervision of law students by lawyer supervisors, although some scholars have contended that other supervision methods may be helpful for some students and a few have contended that the method of supervision was not critical to student learning. Externship supervision provides examples of a varied repertoire of supervision methods that may be applicable to on-campus clinics as well, depending on the educational goals of the clinic. Student views of the teaching value of supervision they experienced in externship at the author’s law school support the view that collaboration and modeling, as ...


Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Steven D. Schwinn Sep 2005

Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Steven D. Schwinn

ExpressO

In this article, we advocate using actual legal work to teach legal research and writing courses, including first year courses. By “actual legal work,” we mean work that is part of an ongoing or planned lawsuit, transaction, negotiation or other form of legal representation. We offer an overview and critique of the traditional legal writing curriculum, and we describe our initiatives to build upon and enhance that curriculum with the use of actual legal work. We conclude with some thoughts on the relative merits of our approach and ideas for following our model.


Mathematical Determinism: Natural Law's Missing Link - Jurisprudence's Missing Axioms , Ashley Saunders Lipson Sep 2005

Mathematical Determinism: Natural Law's Missing Link - Jurisprudence's Missing Axioms , Ashley Saunders Lipson

ExpressO

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Don’T Tell, Don’T Ask: Narrow Tailoring After Grutter And Gratz, Ian Ayres, Sydney Foster Sep 2005

Don’T Tell, Don’T Ask: Narrow Tailoring After Grutter And Gratz, Ian Ayres, Sydney Foster

John M. Olin Center for Studies in Law, Economics, and Public Policy Working Papers

The Supreme Court’s affirmative action decisions in Grutter v. Bollinger and Gratz v. Bollinger changed the meaning of “narrow tailoring.” While the narrow tailoring requirement has always had multiple dimensions, a central meaning has been that the government must use the smallest racial preference needed to achieve its compelling interest. We might have expected, therefore, that if the Court were to uphold one of the two programs at issue in Grutter and Gratz, it would, all other things being equal, uphold the program with smaller racial preferences. We show, however, that the preferences in the admissions program upheld in ...


Why I Teach (A Prescription For The Post-Tenure Blues), R. Michael Cassidy Sep 2005

Why I Teach (A Prescription For The Post-Tenure Blues), R. Michael Cassidy

Boston College Law School Faculty Papers

In this brief essay from a collection of articles designed to demonstrate the scope and breadth of issues in legal pedagogy, Professor Michael Cassidy explores an important psychological event for many in the legal academy - the post-tenure blues. He offers reasons to keep doing what we do - teach with joy, inspiration and a sense of purpose for the next generation. He encourages us to think of our own reasons for what keeps us going in an occupation that many of us think is one of the best in the world.


The Five Stages Of Law Review Submission, Brannon P. Denning Aug 2005

The Five Stages Of Law Review Submission, Brannon P. Denning

ExpressO

Our article is a humorous look at the law review submissions process from the author’s perspective. It suggests that the process of submitting to law reviews tracks Elisabeth Kubler-Ross’s “five stages of grief.”


Mental Disorders And The Law, Richard Redding Aug 2005

Mental Disorders And The Law, Richard Redding

Working Paper Series

This chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues.


Keeping Students Interested While Teaching Citation, Anna P. Hemingway Jul 2005

Keeping Students Interested While Teaching Citation, Anna P. Hemingway

Anna P. Hemingway

No abstract provided.


Virginia Bar Exam, July 2005, Section 1 Jul 2005

Virginia Bar Exam, July 2005, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2005, Section 2 Jul 2005

Virginia Bar Exam, July 2005, Section 2

Virginia Bar Exam Archive

No abstract provided.


Debate: La Revolución Jurídica Del Derecho Informático, Juan Pablo Pampillo Baliño Jul 2005

Debate: La Revolución Jurídica Del Derecho Informático, Juan Pablo Pampillo Baliño

Juan Pablo Pampillo Baliño

No abstract provided.


Torts In Verse: The Foundational Cases, R. Perry Sentell Jr. Jul 2005

Torts In Verse: The Foundational Cases, R. Perry Sentell Jr.

Scholarly Works

This Article contains a "verse," "rhyme," or "poem" for each of the truly foundational cases ordinarily studied in first year Torts. The arrangement assumes a typical Torts casebook's order of presentation, but is fairly flexible. Each entry initially sketches the selected case's significance to the body of Tort law and then follows with the verse. The "rhymes" themselves are admittedly (indeed, intentionally) contrived and pedantic, seeking to elicit groans--but hopefully groans of recognition and familiarity. Ideally, the student will most "enjoy" a verse while reading and studying the case itself; indeed, some verse references make little sense otherwise.


"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy Jun 2005

"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy

Boston College Law School Faculty Papers

A first-year legal reasoning and writing curriculum is designed to introduce students to the analytical skills and organizational tools needed for the preparation of effective objective and then persuasive documents. This article describes how to use samples to enable students to self-identify a general, logical structure for a document, considering its content, its audience and purpose, and the realities of legal practice.


Legal Scholarship As Resistance To 'Science', Steven D. Smith Jun 2005

Legal Scholarship As Resistance To 'Science', Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

Why do law professors continue to produce scholarship even after achieving tenure? This essay, presented as part of a AALS panel discussing “Why We Write?”, considers some common and less common responses, and suggests that for at least a few professors, legal scholarship can serve as a way of resisting the overbearing dominance of the “scientific” worldview evident in so much modern thought in favor of a perspective more attentive to the value of persons.


The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu May 2005

The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu

ExpressO

Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may ...


The Shadow Of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas May 2005

The Shadow Of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

This essay discusses the predicament of women law professors in an era when the representation of women on law faculties has reached a “critical mass.” It explores three mechanisms for reproducing gender inequality: (1) self-fulfilling stereotypes, (2) gender-specific comparison groups, and (3) the accumulation of small disadvantages. Chamallas uses stories from her own and colleagues’ experiences to illustrate contemporary forms of bias.


Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng Apr 2005

Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng

Boston College Law School Faculty Papers

Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client’s culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to people who are different from him- or herself unconsciously in ways that may be culturally insensitive and discriminatory and that this human reaction occurs despite awareness of the general values, attitudes, and beliefs of the client’s culture. It therefore suggests that multicultural lawyering training should ...


The Legal Employment Market: Determinants Of Elite Firm Placement, And How Law Schools Stack Up, Anthony M. Ciolli Apr 2005

The Legal Employment Market: Determinants Of Elite Firm Placement, And How Law Schools Stack Up, Anthony M. Ciolli

ExpressO

Data collected on 15,293 law firm associates from 1295 employers who graduated from law school between 2001 and 2003 were used to develop a “total quality score” for every ABA-accredited law school, both nationally and for nine geographic regions. Quantitative methods were then used to identify factors that help explain the variation in a law school’s national career placement success at elite law firms. The findings revealed that while a law school’s academic reputation is the single biggest predictor of placement, several other factors were also highly significant. Differences in grading system, class rank disclosure policies, and ...


Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne Apr 2005

Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie Mar 2005

The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie

ExpressO

Despite dramatic technological change, the thick, attractively-bound casebook remains ensconced as the written centerpiece of legal education. That will soon change – but its replacement has not been established. This paper argues that the legal academy should take this opportunity to implement an “open source” approach to future course materials. Guided by analysis and examples of commons-based peer production such as open source software, professors could establish electronic commons casebooks with a myriad of materials for every course. These joint databases would unshackle individual creativity while engendering collaboration on levels previously impossible. Although there may be concerns that such a project ...


'The Reasonable Zone Of Right Answers': Analytical Feedback On Student Writing, Jane Kent Gionfriddo Mar 2005

'The Reasonable Zone Of Right Answers': Analytical Feedback On Student Writing, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

This article develops the theory behind and practice of written analytical feedback on student writing for law practice. After Section I, which provides an introduction, Section II discusses the theory. It begins by addressing the function of legal writing classes in teaching students how to produce the kind of accurate and precise analysis that is the necessary foundation for documents useful in law practice. The section then goes on to discuss how this focus on analysis requires legal writing teachers to play a dual role—that of a legal educator as well as reader in law practice—in providing written ...