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Full-Text Articles in Legal Education

Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold Oct 2018

Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold

Law Publications

What are some of the challenges and possibilities animating modern Canadian clinical and experiential learning in law? This question was the starting point for our research, which examined two sets of data. In the first part of this project, we analyzed available information on existing clinical and experiential learning programs in Canadian law schools. This data revealed a growing quantity and variety of programs across the country. We then held qualitative interviews with deans, professors, and clinicians across Canada regarding their views of clinical and experiential learning. While the interviews suggested that many of the same financial and curricular challenges ...


A Bibliography Of Faculty Scholarship, Law Library Sep 2018

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


August 2018 Newsletter Aug 2018

August 2018 Newsletter

Ergo

No abstract provided.


Cple Newsletter Issue 11 Aug 2018

Cple Newsletter Issue 11

Centre for Professional Legal Education Newsletter

We are mid-way through our third year of operation, and the Centre for Professional Legal Education is busier than ever. Our members continue to engage in important research into legal education issues and challenges, and the Centre continues to develop innovative legal programs and courses such as the Graduate Certificate in Legal Education. In May we hosted a visit by AI guru John C Havens and partnered with Baker McKenzie to deliver the FT Innovative Lawyers Summit in Sydney.


The Journey To Universal Legal Aid: Protecting The Criminally Accuseds' Charter Rights By Introducing A Public Defender System To Ontario, Benjamin D. Schnell Jul 2018

The Journey To Universal Legal Aid: Protecting The Criminally Accuseds' Charter Rights By Introducing A Public Defender System To Ontario, Benjamin D. Schnell

Western Journal of Legal Studies

There is a significant gap between the demand for legal aid and Legal Aid Ontario (LAO)'s ability to fulfill that demand, meaning that there is a sizeable percentage of the population who, when facing criminal charges, neither qualify for legal aid nor can afford legal representation. This has the effect of denying the accused their Charter protected right to a fair trial and their ability to make full answer and defence, as studies show that a self-represented accused faces significant barriers at trial leading to negative outcomes. The few mechanisms available to help assist a self- represented accused with ...


The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell Jul 2018

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and ...


The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell Jul 2018

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently ...


Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson Jul 2018

Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.


"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill Jul 2018

"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both ...


Consumer Law Immersion, Kevin M. Mcdonald, Karl Hochkammer, Steven Wernikoff Jul 2018

Consumer Law Immersion, Kevin M. Mcdonald, Karl Hochkammer, Steven Wernikoff

The Global Business Law Review

As part of Washington University School of Law’s (WashULaw) Online Master of Legal Studies (MLS) program, students attend optional weekend immersion courses at the law school in St. Louis in both the spring and fall. We recently taught a course on consumer law over the spring 2018 weekend session held on March 23-25, 2018. In attendance were twenty-two students, most of whom were enrolled in the MLS program. Several were foreign lawyers and one was an LL.M. student. This article summarizes our three-day experience and concludes with our key learnings that incorporate feedback we received from students both ...


Lessons For Academic Leaders From Modern Restructuring Practice, Robert K. Rasmussen Jun 2018

Lessons For Academic Leaders From Modern Restructuring Practice, Robert K. Rasmussen

University of Southern California Legal Studies Working Paper Series

Financial distress has hit higher education. More and more universities and colleges are facing existential challenges as the competition for a dwindling number of students has put a strain on revenues. Unlike leaders in other industries, the presidents and chancellors of a financially distressed institutions of higher education cannot explore the possibility of a Chapter 11 filing under the Bankruptcy Code to restructure their obligations so that they align better with their revenues. Federal law prohibits Title IV loans – the lifeblood of virtually every university and college – from being made to students who attend a school that is in an ...


De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman Jun 2018

De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman

Seattle University Law Review

Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few ...


Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law Jun 2018

Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Self-Directedness And Professional Formation: Connecting Two Critical Concepts In Legal Education, Larry O. Natt Gantt Ii, Benjamin V. Madison Iii Jun 2018

Self-Directedness And Professional Formation: Connecting Two Critical Concepts In Legal Education, Larry O. Natt Gantt Ii, Benjamin V. Madison Iii

University of St. Thomas Law Journal

No abstract provided.


Bringing Purposefulness To The American Law School's Support Of Professional Identity Formation, Louis D. Bilionis Jun 2018

Bringing Purposefulness To The American Law School's Support Of Professional Identity Formation, Louis D. Bilionis

University of St. Thomas Law Journal

No abstract provided.


Is There Sufficient Human Resource Capacity To Support Robust Professional Identity Formation Learning Outcomes?, Jerome M. Organ Jun 2018

Is There Sufficient Human Resource Capacity To Support Robust Professional Identity Formation Learning Outcomes?, Jerome M. Organ

University of St. Thomas Law Journal

No abstract provided.


Picturing Professionals: The Emergence Of A Lawyer's Identity, Barbara Glesner Fines Jun 2018

Picturing Professionals: The Emergence Of A Lawyer's Identity, Barbara Glesner Fines

University of St. Thomas Law Journal

No abstract provided.


Practical Lessons Learned While Building A Required Course For Professional Identity Formation, Danny Dewalt Jun 2018

Practical Lessons Learned While Building A Required Course For Professional Identity Formation, Danny Dewalt

University of St. Thomas Law Journal

No abstract provided.


Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks Jun 2018

Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks

University of St. Thomas Law Journal

No abstract provided.


The Elusive "High Road" For Lawyers: Teaching Professional Responsibility In A Shifting Context, Bryant G. Garth Jun 2018

The Elusive "High Road" For Lawyers: Teaching Professional Responsibility In A Shifting Context, Bryant G. Garth

University of St. Thomas Law Journal

No abstract provided.


The Next Steps Of A Formation-Of-Student-Professional Identity Social Movement: Building Bridges Among The Three Key Stakeholders - Faculty And Staff, Students, And Legal Employers And Clients, Neil Hamilton Jun 2018

The Next Steps Of A Formation-Of-Student-Professional Identity Social Movement: Building Bridges Among The Three Key Stakeholders - Faculty And Staff, Students, And Legal Employers And Clients, Neil Hamilton

University of St. Thomas Law Journal

No abstract provided.


Celebrating Classical Rhetoric & Building Contemporary Law, Brian Larson Jun 2018

Celebrating Classical Rhetoric & Building Contemporary Law, Brian Larson

Brian Larson

Classical rhetoric and the western legal tradition were born together in the Greek city-states of the 5th century BCE. Yet little is said about Isocrates, Aristotle, Cicero, and Quintilian (for example) in contemporary law schools, and lawyers know little about the classical rhetorical foundations of their practice. Beginning in 2017, a group of two dozen scholars (mostly teachers of communication and legal theory in law schools) began a distance reading-group to examine the intersections between classical rhetorical theory and contemporary legal theory, practice, and education. This special-format session will present some of the group’s findings in the form of ...


Law "Reviews"? The Changing Roles Of Law Schools And The Publications They Sponser, Leslie Francis Jun 2018

Law "Reviews"? The Changing Roles Of Law Schools And The Publications They Sponser, Leslie Francis

Marquette Law Review

None


Conference On The Ethics Of Legal Scholarship Jun 2018

Conference On The Ethics Of Legal Scholarship

Marquette Law Review

None


Law Library Blog (June 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jun 2018

Law Library Blog (June 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Volume 1, Issue 2 May 2018

Volume 1, Issue 2

International Journal on Responsibility

Contents:

3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.

6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.

27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?

65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.

78 – 96 John Fairfield, Beyond non-violence to courtship.

97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.


Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee May 2018

Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee

Concordia Law Review

This Article retells the life stories of Derrick Bell, a founder of Critical Race Theory, and Herbert Wechsler, a founder of the Legal Process School, to suggest a synthesis of their often conflicting paradigms—Critical Legal Process. Critical Legal Process’s fundamental question is whether the Master’s tool, the so-called rule of law, can be considered—in the words of Wechsler’s most famous article—a genuine “neutral principle.” Can the Master’s favorite tool be repurposed to dismantle the very house it built? Can the same rule of law that was abused to build the racist Jim Crow ...


Better Briefs, Lydia Fearing May 2018

Better Briefs, Lydia Fearing

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming


The Myth Of The Teaching-Research Nexus, Alex Mckenzie, Lynden Griggs, Rick Snell, Gary D. Meyers May 2018

The Myth Of The Teaching-Research Nexus, Alex Mckenzie, Lynden Griggs, Rick Snell, Gary D. Meyers

Legal Education Review

Much has been written about the teaching-research nexus. The view presented in this article is that this nexus is a myth, particularly in research led universities and, from our personal experience, research-led law schools. The metrics of research performance expectations, combined with other aspirations such as quality teaching and community service, prevent any meaningful opportunity for a research-led law school to connect students to the ongoing and current research of their mentors. This absence is exacerbated by the continuing division, or at least separation, between the coalface of teaching, and the senior management elite of the University, and the removal ...


Law School News: Rwu Law Celebrates Commencement 2018 05-18-2018, Roger Williams University School Of Law May 2018

Law School News: Rwu Law Celebrates Commencement 2018 05-18-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.