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Legal Education

2007

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Articles 1 - 30 of 67

Full-Text Articles in Law

Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Kent Gionfriddo Dec 2007

Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction’s law at a particular point in time; in reality, however, many lawyers aren’t able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don’t necessarily use ...


Mapping The Social Life Of The Law: An Alternative Approach To Legal Research, Ian Gallacher Oct 2007

Mapping The Social Life Of The Law: An Alternative Approach To Legal Research, Ian Gallacher

Ian Gallacher

As the law moves inexorably to a digital publication model in which books no longer play a role, the problem of how to continue to make the law available to all becomes more acute. Open access initiatives already exist, and more are on the way, but all are limited by their inability to provide more than self-indexed search options for their users. Self-indexing, although a powerful alternative to the traditional pre-indexed searching made possible by systems like West’s “Key Number” digests, has inherent limitations which make it a poor choice as the sole means of researching the law. But ...


Legal Research And Legal Education In Africa: The Challenge For Information Literacy, Vicki Lawal Oct 2007

Legal Research And Legal Education In Africa: The Challenge For Information Literacy, Vicki Lawal

Starr Workshop Papers (2007)

This paper analyses legal research within the context of legal education in Africa, it examines some of the challenges of electronic legal research in view of the influences of online legal electronic resources and Computer Assisted legal Research (CALR) and the importance of information literacy in addressing some of the issues raised especially with regards to undergraduate legal education.


U.S. Law And Legal Research, Pat Court Oct 2007

U.S. Law And Legal Research, Pat Court

Starr Workshop Papers (2007)

This presentation on the basics of U.S. law offers a general outline of the fundamental sources of U.S. law. With a foundation in the three branches of government and the laws, court decisions, and regulations that flow from them, the speaker demonstrated free and fee-based electronic resources frequently used for legal research. The focus is on Westlaw, LexisNexis, PACER the Public Access to Court Electronic Records), GPOAccess, and the official U.S. Supreme Court web site. While the web has made it possible for universities, governments, courts, and others to put user-friendly law on the web for free ...


Keynote Address: Remarks At The Workshop On Tapping Into The World Of Electronic Legal Knowledge , Muna Ndulo Oct 2007

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

Starr Workshop Papers (2007)

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.


Form Ever Follows Function: Using Technology To Improve Feedback On Student Writing In Law School, Daniel Barnett Oct 2007

Form Ever Follows Function: Using Technology To Improve Feedback On Student Writing In Law School, Daniel Barnett

Boston College Law School Faculty Papers

Critiquing student writing is an important responsibility of many law professors. While the focus of a teacher's critique should be on the substance of the feedback, teachers should also consider the form of the critique to ensure that they are providing the necessary guidance to students effectively and efficiently. When choosing the critique format, teachers have a variety of options, including several electronic techniques. Unfortunately, many teachers have not considered the use of technology to comment on student writing. However, advances in technology coupled with the technological savvy and comfort level of today's student, may eventually dictate that ...


Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel Oct 2007

Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel

Marina Angel

The reasonable man has been replaced by the reasonable person, but that person still functions within legal doctrines conceived by men and interpreted to fit the facts of men's lives. To understand why it is sometimes reasonable for an abused woman to kill her abuser while he is asleep or otherwise incapacitated, basic criminal law doctrines do not have to be changed. They do, however, have to be applied to the facts of abused women's lives.

The issue of exit – why didn’t she leave – must be explained. Concepts of time – immediate, imminent, and cyclical – must be reassessed ...


La Formazione Professionale Continua Dell'avvocato A Confronto Con Il Modello Tedesco, Valerio Sangiovanni Oct 2007

La Formazione Professionale Continua Dell'avvocato A Confronto Con Il Modello Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


Restating Restitution: A Study In Contemporary Common Law Conceptualism, Chaim Saiman Sep 2007

Restating Restitution: A Study In Contemporary Common Law Conceptualism, Chaim Saiman

Chaim Saiman

The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely ...


"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner Sep 2007

"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner

William B Turner

This article presents archival evidence about Pre-Start, Emory Law School’s affirmative action program from 1966 to 1972. It places that evidence into the context of current legal and scholarly debates about affirmative action in law school admissions and demonstrates that Pre-Start is an extremely important case study for anyone who wishes to think carefully about this important topic. I perform post-hoc strict scrutiny on Pre-Start, showing that it meets, not only the standard of the majority in Grutter v. Bollinger (539 U.S. 306 (2003)), but even the much more exacting standard of dissenting Justice Clarence Thomas. Because white ...


"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner Sep 2007

"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner

William B Turner

This article presents archival evidence about Pre-Start, Emory Law School’s affirmative action program from 1966 to 1972. It places that evidence into the context of current legal and scholarly debates about affirmative action in law school admissions and demonstrates that Pre-Start is an extremely important case study for anyone who wishes to think carefully about this important topic. I perform post-hoc strict scrutiny on Pre-Start, showing that it meets, not only the standard of the majority in Grutter v. Bollinger (539 U.S. 306 (2003)), but even the much more exacting standard of dissenting Justice Clarence Thomas. Because white ...


Unpacking The Bar: Of Cut Scores, Competence And Crucibles, Gary S. Rosin Sep 2007

Unpacking The Bar: Of Cut Scores, Competence And Crucibles, Gary S. Rosin

Gary S Rosin

Bar passage rates of first-takers vary widely among both the states and the law schools. State grading practices also vary widely, particularly as to minimum passing scores (“cut scores”) and whether they scale state exam components to the MultiState Bar Exam (“MBE”). The broad ranges of Bar passage rates and of state grading practices call into question the stewardship of the states over admission to the practice of law. This study uses generalized linear modeling, with a logit link function, to isolate the effect on the Bar passage rates of ABA-approved law schools of three factors: (i) the LSAT scores ...


Unpacking The Bar: Of Cut Scores, Competence And Crucibles, Gary S. Rosin Sep 2007

Unpacking The Bar: Of Cut Scores, Competence And Crucibles, Gary S. Rosin

Gary S Rosin

Bar passage rates of first-takers vary widely among both the states and the law schools. State grading practices also vary widely, particularly as to minimum passing scores (“cut scores”) and whether they scale state exam components to the MultiState Bar Exam (“MBE”). The broad ranges of Bar passage rates and of state grading practices call into question the stewardship of the states over admission to the practice of law. This study uses generalized linear modeling, with a logit link function, to isolate the effect on the Bar passage rates of ABA-approved law schools of three factors: (i) the LSAT scores ...


Evaluating Goals And Methods Of A Skills Curriculum: Challenges And Opportunities For Law Schools, Harriet N. Katz Sep 2007

Evaluating Goals And Methods Of A Skills Curriculum: Challenges And Opportunities For Law Schools, Harriet N. Katz

Harriet N Katz

Law schools have compelling reasons to begin a process of thoroughly reviewing their skills curriculum. A new ABA Standard for Accreditation, revised in 2005 to mandate skills education for every law student, is now being applied at law school re-accreditation reviews. In addition, EDUCATING LAWYERS, a report by the Carnegie Foundation, and BEST PRACTICES FOR LEGAL EDUCATION, an analysis by law professors, both published in 2007 and distributed nationally, draw critical attention to the methods and goals of law schools’ educational program throughout the curriculum. All three of these important publications emphasize preparing students for practice as competent and ethical ...


Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado Aug 2007

Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado

University of Pittsburgh School of Law Working Paper Series

The chronicle proceeds as a dialogue between the fictional alter ego, Rodrigo Crenshaw, and an older professor. After meeting in Rodrigo’s city, the two friends, joined later by “Giannina,” go out to dinner. Rodrigo, who is on his law school’s admissions committee, has been thinking about affirmative action.

Prompted by his conservative colleague “Laz,” Rodrigo has formulated a several-pronged attack on Sander’s premise that “stairstep” admissions (and, later, law firm hiring) just hurts the cause of black lawyers.

The professor presses Rodrigo to defend his views, and the arrival of Giannina requires him to articulate them even ...


Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado Aug 2007

Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado

University of Pittsburgh School of Law Working Paper Series

The author, Professor Richard Delgado, takes as his point of departure a remark by the chair of the Colorado committee that voted academic sanctions against Ward Churchill. This essay explores the role of retaliatory motives in academic misconduct cases.

In Churchill’s case, Colorado authorities delved deeply and painstakingly into Churchill’s publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 9/11 tragedy. What bearing should the investigation’s relation to the hue and cry that led to it have on its own ...


Successful Stories And Stories Of Success: Reflections On The History Of The Law And Economics Movement, Nimrod H. Aviad Aug 2007

Successful Stories And Stories Of Success: Reflections On The History Of The Law And Economics Movement, Nimrod H. Aviad

Nimrod Haim Aviad

This paper joins a handful of attempts to understand the Law & Economics movement’s success in American legal academia. Adopting an historical perspective, the paper analyzes for the first time the movement’s own stories of success, developed and maintained by the movement’s own members, and considers them as a possible blue-print for success in contemporary legal academia. By following these stories of success, one comes to understand the keen ability of the movement’s economists and lawyer-economists to identify those patterns of academic practice which would eventually grant them the paramount academic capital that they have enjoyed over ...


Legal Education In The Age Of Cognitive Science And Advanced Classroom Technology, Deborah J Merritt Aug 2007

Legal Education In The Age Of Cognitive Science And Advanced Classroom Technology, Deborah J Merritt

Deborah J Merritt

Cognitive scientists have made major advances in mapping the process of learning, but legal educators know little about this work. Similarly, law professors have engaged only modestly with new learning technologies like PowerPoint, classroom response systems, podcasts, and web-based instruction. This article addresses these gaps by examining recent research in cognitive science, demonstrating how those insights apply to a sample technology (PowerPoint), and exploring the broader implications of both cognitive science and new classroom technologies for legal education. The article focuses on three fields of cognitive science inquiry: the importance of right brain learning, the limits of working memory, and ...


Clients, Empathy, And Compassion: Introducing First-Year Students To The “Heart” Of Lawyering, Kristin B. Gerdy Jul 2007

Clients, Empathy, And Compassion: Introducing First-Year Students To The “Heart” Of Lawyering, Kristin B. Gerdy

Kristin B. Gerdy

This explore the need for instruction and experience with the “heart” of law practice within the first year of law school. According to the report on legal education prepared by the Carnegie Foundation, the two major limitations in American legal education are 1) a lack of attention to practical education, including a marked lack of understanding client problems, and 2) failure to support development of ethical and social skills. With the release of this report it is likely that law school faculties throughout the United States will be looking at their curricula to see how to better fill these gaps ...


Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes Jul 2007

Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

Para nadie es ajeno que las nuevas tecnologías, y en especial el internet, en la llamada era de la sociedad de la información, constituyen una de las mayores posibilidades con las que se cuenta actualmente para la adquisición de nuevos conocimientos, contactos personales interactivos como el correo electrónico, el chat, el comercio electrónico, la diversión, los grupos de discusión y las redes sociales.Sin embargo, al lado de las infinitas posibilidades benéficas que la red de redes ofrece, coexisten algunos usos abusivos, inseguros, peligrosos o incluso delictivos que nos plantean nuevos retos a los juristas, acerca de los cuales es ...


Virginia Bar Exam, July 2007, Section 1 Jul 2007

Virginia Bar Exam, July 2007, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2007, Section 2 Jul 2007

Virginia Bar Exam, July 2007, Section 2

Virginia Bar Exam Archive

No abstract provided.


Law Students Who Learn Differently: A Narrative Case Study Of Three Law Students With Attention Deficit Disorder (Add), Leah M. Christensen Jul 2007

Law Students Who Learn Differently: A Narrative Case Study Of Three Law Students With Attention Deficit Disorder (Add), Leah M. Christensen

Leah M Christensen

Abstract: More law students than ever before begin law school having been diagnosed with a learning disability. As legal educators, do we have an obligation to expand our teaching methodologies beyond the typical law student? What teaching methodologies work most effectively for law students with learning disabilities? The purpose of this study was to examine the perceptions of law students with Attention Deficit Disorder (ADD) about their law school experience. The case study yielded four themes relating to the social, learning and achievement domains of the students. First, law students with ADD experienced feelings of isolation in law school; second ...


Navigating The Article Selection Process: An Empirical Study Of Those With All The Power--Student Editors, Leah M. Christensen, Julie A. Oseid Jul 2007

Navigating The Article Selection Process: An Empirical Study Of Those With All The Power--Student Editors, Leah M. Christensen, Julie A. Oseid

Leah M Christensen

Abstract: Anyone who enters the legal academy knows the pressure for new law professors to publish or perish. The use of student editors as the “gatekeepers” of legal scholarship is a distinctive feature of the legal academy. Yet, even with student editors holding the keys to academic success, few empirical studies have explored what factors student editors consider most important when making article selection decisions. The study reported in this Article attempts to shed light on this process and provide suggestions for new law professors as they navigate the law review article submission process. The present study examines how law ...


Liberal Bias In The Legal Academy: Overstated And Undervalued, Michael Vitiello Jun 2007

Liberal Bias In The Legal Academy: Overstated And Undervalued, Michael Vitiello

Michael Vitiello

Abstract of Liberal Bias in the Legal Academy: Overstated and Undervalued According to the right, universities are hotbeds of radicalism. Critics of universities like David Horowitz have tried to push their agenda through legislation. Until recently, law schools drew little attention. That changed with the publication of a study that appeared in the Georgetown Law Journal; the right now cites the study as evidence that law schools too lean too far to the left. This article examines the debate. First, it examines the Georgetown study and concludes that the study overstates the extent to which law faculties are dominated by ...


Community Lawyering In The Juvenile Cellblock: Creative Uses Of Legal Problem Solving To Reconcile Competing Narratives On Prosecutorial Abuse, Juvenile Criminality, And Public Safety, David Dominguez Jun 2007

Community Lawyering In The Juvenile Cellblock: Creative Uses Of Legal Problem Solving To Reconcile Competing Narratives On Prosecutorial Abuse, Juvenile Criminality, And Public Safety, David Dominguez

David Dominguez

Community Lawyering in the Juvenile Cellblock: Creative Uses of Legal Problem Solving to Reconcile Competing Narratives on Prosecutorial Abuse, Juvenile Criminality, and Public Safety challenges systemic deficiencies in juvenile detention practices from the perspective of Community Lawyering. Community Lawyering in these circumstances achieves two goals. First, it offers legal assistance to the incarcerated child in order to vindicate legal interests protected by the United States Constitution and state statute. Secondly, through creative use of law students’ problem solving skills, Community Lawyering works with others in the community to realize the vision of a collaborative system of juvenile justice, one that ...


Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman May 2007

Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman

Pace Law Faculty Publications

No abstract provided.


Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay Apr 2007

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Boston College Law School Faculty Papers

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns ...


Moot Court In Global Language Of Trade, Mark R. Shulman Apr 2007

Moot Court In Global Language Of Trade, Mark R. Shulman

Pace Law Faculty Publications

No abstract provided.


Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey Apr 2007

Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.