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Full-Text Articles in Legal Education

Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl Jan 2017

Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl

Faculty Scholarship

Intellectual property (IP) and technology legal clinics are experiencing an unprecedented surge in popularity. Before 2000 there were only five such clinics, but by 2016 there were seventy-four, with fifty added since 2010 alone. As law schools are approving new IP clinics and as practitioners are developing syllabi, there is an increasing need to share knowledge about models that work and how to avoid pitfalls.

One potentially fertile – but traditionally underutilized -- source of client work for an IP and technology clinic is the university technology transfer office (“TTO”), the department that protects, markets, and licenses all university intellectual property. Through ...


The Teaching Of International Law, Myres S. Mcdougal Apr 2016

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


Notes On The Difficulty Of Studying The Corporation, Marina Welker Mar 2016

Notes On The Difficulty Of Studying The Corporation, Marina Welker

Seattle University Law Review

In the award-winning documentary The Corporation, public intellectuals and activists characterize corporations as “externalizing machines,” “doom machines,” “persons with no moral conscience,” and “monsters trying to devour as much profit as possible at anyone’s expense.” In other footage, people on the street personify corporations: “General Electric: a kind old man with lots of stories;” “Nike: young, energetic;” “Microsoft: aggressive;” “McDonald’s: young, outgoing, enthusiastic;” “Monsanto: immaculately dressed;” “Disney: goofy;” “The Body Shop: deceptive.” The documentary, like screenwriter and legal scholar Joel Bakan’s book The Corporation: The Pathological Pursuit of Profit and Power, imparts dissonant messages about corporations. On ...


Introduction, Karen Tokarz Jan 2016

Introduction, Karen Tokarz

Washington University Journal of Law & Policy

No abstract provided.


The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz Dec 2015

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Bruce Ledewitz

American Democracy has broken down.  This crisis was on dramatic display in the 2016 Presidential Campaign.  Americans are resentful, distrustful and pessimistic.  We find it easy to blame “the other side” for the deadlock, mendacity and irresponsibility in American public life.  By virtue of their public role, American law schools have an obligation to address the breakdown in order to understand and try to ameliorate it.  That task is currently unfulfilled by law schools individually and collectively, which are distracted by marketing and pedagogy.  Religious law schools, which retain the traits of normative discourse, mission, Truth and tragic limit to ...


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Nov 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

Abstract
Over thirty years have passed since the Bhopal chemical disaster began,
and in that time scholars of corporate social responsibility (CSR) have
discussed and debated several frameworks for improving corporate response
to social and environmental problems. However, CSR discourse rarely
delves into the fundamental architecture of legal thought that often
buttresses corporate dominance in the global economy. Moreover, CSR
discourse does little to challenge the ontological and epistemological
assumptions that form the foundation for modern economics and the role of
corporations in the world.
I explore methods of transforming CSR by employing the thought of
Mohandas Gandhi. I pay ...


The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann Nov 2015

The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann

Adam Lamparello

Skin color and diversity are not synonymous, and race provides no basis upon which to stereotype individuals or groups, regardless of whether the reasons are malevolent or benign.

Affirmative action policies in higher education should focus on the things that individuals have overcome, not the traits that individuals—and groups—cannot change. Currently, the opposite is true, as such policies typically equate racial diversity with educational diversity, thereby precluding consideration of factors such as family and personal background, life experience, and the overcoming of adversity that would result in true educational diversity. This is not to say that race is ...


Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark Oct 2015

Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark

Faculty Scholarship

When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions can affect what people believe and wish to find out, the predictions they make, the strategic decisions they employ, and what they think is fair. A classic example is confirmation bias, which can cause its victims to seek and interpret information in ways that are consistent with their pre-existing views or the goals they aim to achieve. Studies consistently show that experts as well as laypeople are prone to such biases ...


Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark Oct 2015

Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark

University of Michigan Journal of Law Reform Caveat

In this essay, I argue that law schools should continue to encourage and support wide-ranging legal scholarship, even if much of it does not seem to be of immediate use to the legal profession. I do not emphasize the relatively obvious point that scholarship is a process through which we study the law so that we can ultimately make useful contributions. Here, rather, I make two more-subtle points. First, legal academics ought to question the priorities of the legal profession, rather than merely take those priorities as given. We ought to serve as Socratic gadflies—challenging rather than merely mirroring ...


The Importance Of Social Activism To A Fuller Concept Of Law, Joseph Asomah Sep 2015

The Importance Of Social Activism To A Fuller Concept Of Law, Joseph Asomah

Western Journal of Legal Studies

Legal positivists like H.L.A. Hart assert that law does not require morality to exist; in fact it insists on the separation of law and morality. Relying on Lon Fuller, this article argues against that proposition by suggesting that morality is necessarily part of law. Using Pierre Bourdieu’s theory of field and capital, which suggests that social values are inherently a part of law, this article argues that the positivist view of law has a deficient theory of justice that can be used to secure injustice against disadvantaged groups in society. In this way, I conceptualize law as ...


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor Calligan Jul 2015

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor Calligan

Trevor J Calligan

No abstract provided.


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii Jun 2015

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

School of Law Faculty Publications

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and ...


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold Mcdougall Feb 2015

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold Mcdougall

Harold A. McDougall III

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and ...


A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner Jan 2015

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

James R Maxeiner

Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds it ...


Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock Jan 2015

Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock

Faculty Scholarship

In this contribution to a symposium on "Legal Realism and Legal Doctrine," I examine the role that jurisprudence plays in corporate law doctrine. Through an examination of paired cases from the United States and United Kingdom, I offer a case study of the contrasting influence on corporate law judging of American Legal Realism versus traditional U.K. Doctrinalism.

Specialist judges in both systems, aided by specialist lawyers, clearly identify and understand the core policy issues involved in a dispute and arrive at sensible results. Adjusting for differences in background law and institutions, it seems likely that the disputes would ultimately ...


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña Sep 2014

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington May 2014

Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington

Ellis Washington

Draft – 22 March 2014

Nigger Manifesto

Ideological Racism inside the American Academy

By Ellis Washington, J.D.

Abstract

I was born for War. For over 30 years I have worked indefatigably, I have labored assiduously to build a relevant resume; a unique curriculum vitae as an iconoclastic law scholar zealous for natural law, natural rights, and the original intent of the constitutional Framers—a Black conservative intellectual born in the ghettos of Detroit, abandoned by his father at 18 months, who came of age during the Detroit Race Riots of 1967… an American original. My task, to expressly transcend the ...


Occupy Wall Street, Income Inequality And Tax Scholarship: An Ideology Critique Of The Consumption Tax Debate, Patrick B. Crawford Jan 2014

Occupy Wall Street, Income Inequality And Tax Scholarship: An Ideology Critique Of The Consumption Tax Debate, Patrick B. Crawford

Patrick B Crawford

“Occupy Wall Street, Income Inequality and Tax Scholarship: An Ideology Critique of the Consumption Tax Debate” (ABSTRACT) This is the first article to address the question: “What does Occupy Wall Street (“OWS”) have to say about American legal scholarship on income inequality (distributive justice) and tax policy?” The article shows, in the example of the leading tax scholarship on distributive justice and the consumption tax, how legal scholarship on economic regulation more generally systematically obscures rather that illuminates the important most important social welfare issue of our time. That is, the form and framing of analysis in the consumption tax ...


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson Jan 2014

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...


Achieving The American Bar Association's Pedagogy Mandate: Empowerment In The Midst Of A Perfect Storm, Cara Cunningham Warren Dec 2013

Achieving The American Bar Association's Pedagogy Mandate: Empowerment In The Midst Of A Perfect Storm, Cara Cunningham Warren

Cara Cunningham Warren

The ongoing crisis in legal education has prompted calls for fundamental reform. In August 2014, the American Bar Association responded by implementing new law school accreditation standards that mark a "quantum shift” in our educational philosophy—a new pedagogy mandate that shifts our center from what is taught to what students learn.
Of all reform measures, the mandate may be one of the best chances law schools and their graduates have in the face of the “Perform Storm” raging in legal education. Ironically, successful implementation remains an open question, in part because of the traditional nature of law schools and ...


The First Thing We Do, Jorge R. Roig Dec 2013

The First Thing We Do, Jorge R. Roig

Jorge R Roig

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the ...


Legal Writing As Good Writing; Tips From The Trenches, Michael Zuckerman, Andrey Spektor Sep 2013

Legal Writing As Good Writing; Tips From The Trenches, Michael Zuckerman, Andrey Spektor

Michael A. Zuckerman

No abstract provided.


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Aug 2013

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Ronald Dworkin: An Appreciation, Jeremy J. Waldron Jul 2013

Ronald Dworkin: An Appreciation, Jeremy J. Waldron

New York University Public Law and Legal Theory Working Papers

This is a brief tribute to Ronald Dworkin and an overview of the contributions that he made to jurisprudence. It is a written version of remarks that were presented at the Memorial Service for Professor Dworkin, at St. John's Smith Square, London, on Wednesday, June 5, 2013. The remarks cover his view of adjudication, the right answer thesis, and the obligation that lawyers, scholars and judges have to the whole body of the law. It also covers the view – which I call the artery of Dworkin's jurisprudence – that legal reasoning is a form of moral reasoning. And it ...


“Onde Está A Felicidade?", Paulo Ferreira Da Cunha Apr 2013

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?


“Onde Está A Felicidade", Paulo Ferreira Da Cunha Apr 2013

“Onde Está A Felicidade", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?


“Onde Está A Felicidade?", Paulo Ferreira Da Cunha Apr 2013

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?


“Onde Está A Felicidade?", Paulo Ferreira Da Cunha Apr 2013

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?


Crime Virtuoso, Paulo Ferreira Da Cunha Mar 2013

Crime Virtuoso, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Neste artigo discute-se o que há de profundo e o que há de circunstancial na mania das fotocópias de livros e os problemas conexos da educação e da edição.


Para Uma Desconstrução Social E Política, Paulo Ferreira Da Cunha Feb 2013

Para Uma Desconstrução Social E Política, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Feira de vaidades, sociedade de enganos, mundo de aparências, a pólis em tempo de crise profunda mostra rostos que não são a sua alma, se é que ainda a tem (e não a vendeu já: por exemplo ao diabo). É preciso olhar raio X para ver através das cortinas de fumo quando, na comunidade política, por um lado se quer parecer o que se não é, ou meramente se pretende demostrar o que se pensa, sem se ter já qualquer veleidade de alterar o que está aí. Quando as consciências morais - ou quem a tal aspire - se limitam a querer ...