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Full-Text Articles in Legal Education
Apps, Artificial Intelligence, And Androids: Beyond Schumpeter’S “Creative Destruction” To “Destructive Destruction” David Barnhizer, David Barnhizer
Apps, Artificial Intelligence, And Androids: Beyond Schumpeter’S “Creative Destruction” To “Destructive Destruction” David Barnhizer, David Barnhizer
David Barnhizer
The analysis offered here is not a Neo-Luddite rage against “the machine”. As with the oft-stated reproach about paranoia, there sometimes really are situations in which people are “out to get you”. In our current situation the threat is not from people but from the convergence of a set of technological innovations that are and will increasingly have an enormous impact on the nature of work, economic and social inequality and the existence of the middle classes that are so vital to the durability of Western democracy. The fact is that developed nations’ economies such as found in Western Europe …
The Aging Of The American Law Professoriate, David Barnhizer
The Aging Of The American Law Professoriate, David Barnhizer
David Barnhizer
A recent (rather tasteless) article argued: “Professors approaching 70 … have an ethical obligation to step back and think seriously about quitting. If they do remain on the job, they should at least openly acknowledge they’re doing it mostly for themselves.” In “The Forever Professors: Academics Who Don’t Retire Are Greedy, Selfish, and Bad For Students”, the insensitive author added: “the number of professors 65 and older more than doubled between 2000 and 2011.” The author’s most intellectually savage comments were that: “faculty who delay retirement harm students, who in most cases would benefit from being taught by someone younger …
"Practice Ready" Law Graduates, David Barnhizer
"Practice Ready" Law Graduates, David Barnhizer
David Barnhizer
Whatever view one holds on the idea of “practice ready” law graduates in the abstract it seems clear that it does not and could not mean that a new graduate can be fully capable of providing high quality services across the board to clients unfortunate enough to be using the services of the neophyte lawyer. If that were the case I can hear a client’s conversation with the brand new lawyer in a complex corporate merger with numerous parties, millions of dollars at stake, estate and tax issues, patent rights and differing valuations for the deal. “How many of these …
The Paradox Of Being An Interim Dean: The Permanent Nature Of A Transitory Position, Phyllis L. Crocker
The Paradox Of Being An Interim Dean: The Permanent Nature Of A Transitory Position, Phyllis L. Crocker
Law Faculty Articles and Essays
No abstract provided.
Thanks, But I'M Just Looking : Or Why I Don't Want To Be A Dean, Susan J. Becker
Thanks, But I'M Just Looking : Or Why I Don't Want To Be A Dean, Susan J. Becker
Law Faculty Articles and Essays
The author discusses the challenges facing law faculty who consider taking on the duties of law school administration.
Of Rat Time And Terminators, David R. Barnhizer
Of Rat Time And Terminators, David R. Barnhizer
Law Faculty Articles and Essays
A version of rat time is being created within the legal profession as law schools pump 40,000 graduates a year into a saturated system. Understanding our present condition as a period of rat time can help us diagnose the problems of the legal profession, identify the future responsibilities of law schools and the profession, and create more effective solutions than the bandaids that have been proposed or applied thus far. This is particularly important because lawyers and law schools have lost their way. They are afraid to address their most troubling problems and to take the principled actions necessary for …
Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer
Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer
Law Faculty Articles and Essays
Our topic is whether law schools should remain institutionally neutral, presumably concerning the fundamental political and moral issues that besiege our society. The answer depends on several competing considerations, including one's concept of the university as either ivory tower or critical force obligated to serve the society that sustains it. I opt in the direction of the university as social force while also accepting the validity of the passive mode and seeing the dispassionate search for knowledge as a means to serve important human needs. The abstract formulation of the university as institutionally neutral is in many ways illusory because …
Pursuing Justice In An Unjust World: Arjuna In America, Marc Galanter
Pursuing Justice In An Unjust World: Arjuna In America, Marc Galanter
Cleveland State Law Review
The knowledge that emerges from research is not automatically translated into policy, but becomes part of a political struggle. But deepening that struggle by challenging our understandings and liberating us from false problems and false solutions is one of the things that law schools can do for justice. The quest for justice is a political quest. In his stirring essay, ‘Politics as a Vocation,’ surely one of the most profound examinations of the nature of political action, Max Weber tells us that the political vocation demands passion, responsibility and something more: "... the decisive psychological quality of the Politician [is] …
The Justice Mission Of American Law Schools, David R. Barnhizer
The Justice Mission Of American Law Schools, David R. Barnhizer
Law Faculty Articles and Essays
The scholar's dilemma, particularly those scholars in disciplines such as law that are irreversibly linked to the operation of power and implicit willingness to do violence if necessary, is that societies require shared consensus far more than truth. Negative truths about the scientifically unsupportable premises of our fundamental beliefs might interfere with the quality of the operating consensus, at least for those satisfied with their lot. The stark truth about opportunity, fairness, racial and gender bias, about who receives economic benefits and so forth would not be knowledge that “sets us free” but “sets us at each other's throats”. If …
Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed
Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed
Cleveland State Law Review
It appeared at the Justice Mission Conference that there was general consensus on several matters. First, there seemed to be considerable support for "bringing more doses of reality into the classroom." Second, many faculty wished to encourage a greater sense of professional service among their students. Third, a good number of criminal justice section members observed that capital case decisions of the United States Supreme Court were fine vehicles for class discussion of essential issues. In keeping with these views, I have concluded that I will once again include in my upcoming seminar course an opportunity for students to assist …
An Agenda For Social Justice Through Law, Norman Dorsen
An Agenda For Social Justice Through Law, Norman Dorsen
Cleveland State Law Review
It will not surprise many of you that, in defining social justice, I start from the policies of the ACLU. These value free expression, religious liberty, separation of church and state, due process, privacy, and the fair treatment of those that need special protection such as people with disabilities, poor people, gay people, nonwhite people, and women. In general, that is what I have in mind when I think about social justice. But the topic today is the agenda for social justice through law. We are not talking about theory or doctrine, but action. The title of this conference, "The …
The Justice Mission Of The Law Schools, Linda Greene
The Justice Mission Of The Law Schools, Linda Greene
Cleveland State Law Review
A Conference on the Justice Mission of the Law Schools is timely, and Martin Luther King, Jr.'s words about being “a drum major for justice” offer to us a vision of that mission. They demand that we reexamine the role of the law school to determine whether we have taken into account the question of justice while ordering our institutional priorities. The title of this conference implicitly asks whether we can continue to reproduce legal culture without evaluating the impact of that culture on both the powerful as well as the powerless. Legal educational institutions cannot right all historical wrongs …
Bad News, Good News: The Justice Mission Of U.S. Law Schools, Haywood Burns
Bad News, Good News: The Justice Mission Of U.S. Law Schools, Haywood Burns
Cleveland State Law Review
I attempt to address what is wrong with law schools and how to fix it. First of all, with respect to the issue of the justice mission, one of the things that is wrong is that most law schools do not even recognize they have a mission. Secondly, there is the issue of what gets taught in the curriculum. Furthermore, the justice mission calls for us to reexamine the way in which we approach the question of admissions. The question not only whom do we teach but who teaches is also of great concern to us. How we teach has …
The Justice Of Life And Death: Problems And Perspectives In Teaching Capital Punishment Law, Victor Streib
The Justice Of Life And Death: Problems And Perspectives In Teaching Capital Punishment Law, Victor Streib
Cleveland State Law Review
Please use this brief sketch to think along with me as I struggle with my continuing problems in teaching an upper-level law school course on capital punishment. Although I have been teaching it for six years, I continue to have serious doubts about my ability to do it. If I can intrigue you enough with my quandary, maybe I can squeeze out of our encounter a few insights to allow me to do better, or at least to keep me searching for answers. In return, maybe I can suggest some limitations on the justice mission of law faculty. Should the …
Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender
Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender
Cleveland State Law Review
The traditional required first-year law school curriculum transmits powerful hidden messages. The hidden messages contained within this required core tell students what is most important for all lawyers to know. I am going to suggest a proposed required first year curriculum as a heuristic model for examining hidden messages in curricula generally. The proposed curriculum tells students from the day they receive their registration packets that issues of justice, truth, equality and freedom are important to all lawyers. By the organization of the curriculum, we tell them that these values (or their absence) animate doctrine and process, rather than the …
The Revolution In American Law Schools, David R. Barnhizer
The Revolution In American Law Schools, David R. Barnhizer
Law Faculty Articles and Essays
There is a continuing revolution in American law schools that is transforming legal scholarship, teaching, and the structure of the curriculum. The revolution is altering the law schools' relationships with the legal profession and judiciary. The revolution has not been contained within the schools, in part because it is being stimulated by events and sources outside the law schools with the schools being reactive rather than proactive institutions. This article examines the ten primary forces behind the revolution in American law schools.
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Cleveland State Law Review
As chairman of the Devitt Committee I was exposed to a wide range of views concerning the issue of the quality of trial advocacy in this country's courts. That experience made apparent the seriousness of the problem of inadequate trial advocacy and the necessity for appropriate remedies. The cure for this lies primarily with the law schools. What is needed is a fundamental change in attitude among American law schools. This commentary will establish that these pragmatic views have the support of logic, history and the available hard evidence.
Prefatory Remark, Robert L. Bogomolny
Prefatory Remark, Robert L. Bogomolny
Cleveland State Law Review
It is the legacy of CLEPR that the continuation of clinical legal education is now assured despite the financial hard times apparently facing the nation's law schools. Some years from now, people will review the period of development of the clinical movement in the United States and find it an example where foundation money guided by effective leadership helped facilitate a major development in law schools in the United States.
Clinical Experience And The College Work-Study Program, James T. Flaherty
Clinical Experience And The College Work-Study Program, James T. Flaherty
Cleveland State Law Review
Mark Twain is often quoted as the source of the remark that "Everybody talks about the weather, but nobody does anything about it." This quotation is appropriately used for many problems exclusive of the weather. It can also be applied to law school clinical experience and financial aid problems. As applied to weather and clinical programs, the quotation is not always quite accurate, as another often-quoted saying has been equally applicable: "It is better to light a candle than to curse the darkness." Without question, many candles have been lighted in the clinical area. It is the purpose of this …
The Student And Law School Governance, Ralph F. Bischoff
The Student And Law School Governance, Ralph F. Bischoff
Cleveland State Law Review
At a recent meeting of a university Board of Trustees, discussion centered on three problems-perhaps one should say three aspects of one problem-the solution to which will affect the university and its role in our quickly-changing society. I refer, of course, to the violence of a few student extremists who are disrupting the normal activities of the university, to the new emphasis on a Black student separatist movement and to student demands for responsibility in the governance of the university. Of the three, the latter is clearly the most important; its solution should aid in solving the difficulties created by …
Faculty Regulations Of American Law Schools, William L. Richard
Faculty Regulations Of American Law Schools, William L. Richard
Cleveland State Law Review
The nature and effect of faculty regulations of law schools would seem to have important bearing on the legal education that these schools offer. General faculty regulations of parent colleges or universities, of course, are important in their effects on their law schools. But of much greater interest to law teachers and students are the faculty regulations that are peculiar to law schools. With these facts in mind, the writer undertook to survey the state of faculty regulations of American law schools.