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Articles 31 - 52 of 52
Full-Text Articles in Legal Education
Clinical Scholarship And The Justice Mission, Robert D. Dinerstein
Clinical Scholarship And The Justice Mission, Robert D. Dinerstein
Cleveland State Law Review
To many people, the relationship between clinical programs and the justice mission of American law schools is so clear as to be self-evident. These programs may pursue justice on behalf of individual clients or for groups of clients through class-action or other impact litigation. Moreover, clinical teachers frequently discuss with their students the need for the latter to serve justice in their legal careers, whether as the principal focus of their legal work or through pro bono publico activities. Indeed, for many law students, the law clinic may be the only place in which concerns about justice are discussed and, …
Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard
Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard
Cleveland State Law Review
I currently direct the homelessness unit at Greater Boston Legal Services after having been a welfare lawyer for fifteen years. When I first started teaching at Harvard about six years ago, I taught a course on Welfare Law. There is a value in teaching homelessness law as a discrete topic rather than lumping it under the traditional topics of welfare law or housing law. Initially, when I started teaching at Harvard, my goal was to impress the students with the fact that a poverty law subject like Welfare Law was as complicated doctrinally as anything else that they might learn. …
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 …
Research And The Justice Mission Of Law Schools, Mark Tushnet
Research And The Justice Mission Of Law Schools, Mark Tushnet
Cleveland State Law Review
There are some obvious things to say about research and the justice mission of law schools, and many other contributors to this discussion have said them. For example, jurisprudence lies at the core of the classical legal curriculum, and-at least in the contemporary law school-definitions of justice are part of the jurisprudence syllabus. Because the concept of justice is not self-defining, conceptual inquiry into the meaning of justice, a traditional mode of legal research, is recurrently needed. In this way, research is tightly linked to the justice mission of law schools. In this piece, I move from global concerns--jurisprudence in …
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 …
Advice For The New Law Professor: A View From The Trenches, Susan J. Becker
Advice For The New Law Professor: A View From The Trenches, Susan J. Becker
Law Faculty Articles and Essays
A decade ago, Professor Douglas Whaley published an essay that offers comfort and advice to those commencing the metamorphosis from practitioners, judicial clerks, and students into professors of law. The purpose of this article is twofold: to offer a confirmation from the trenches of many of Professor Whaley's observations and to supplement his suggestions with some of my own.
Teaching About Justice And Social Contributions, Talbot D'Alemberte
Teaching About Justice And Social Contributions, Talbot D'Alemberte
Cleveland State Law Review
I have tried to state, in very brief outline, my case that the law schools and the large law firms have thrived on the “Paper Chase” model and that they are not fulfilling the mission which I will, without apology, call the seminary mission. They are not teaching us about justice. Each of us is at this conference because we are concerned with the way legal education operates today and most of us believe that it can be improved. Before this is over, I hope you design a grand agenda for change and I feel privileged to help begin that …
Teaching Morality, Robert A. Solomon
Teaching Morality, Robert A. Solomon
Cleveland State Law Review
Students come to law school filled with passion, with morality, with a sense of justice, and we, the law school itself, spends three years doing our best to crush them under the weight of the rule of law instead of helping them to integrate their ideas and values with the law. To the extent students are looking at clinics, they are not only looking at them as a means of touching reality. They are looking at clinics as a furlough from prison. In this conference we are talking about our goal as being that of trying to teach justice. I …
On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver
On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver
Cleveland State Law Review
The Justice Mission Conference had a special resonance for me. The Conference was an affirmation of the values that have led me to Touro, as well as a springboard for changes in my own teaching. The Conference nurtured inclinations and aspirations to furthering social justice through our teaching, our scholarship, and the way we relate to our students, to each other and to the world at large. The papers in this symposium memorialize the Conference's richness of insight and experience. The purpose of this essay is to reflect on the immediate and potential ongoing impact the Conference had on me …
Finding Yourself In Law School, Joel Jay Finer
Finding Yourself In Law School, Joel Jay Finer
Cleveland State Law Review
Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on. …
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.
The Dauer-Brown Letters: Towards A Comprehensive Legal Education, Edward A. Dauer, Louis M. Brown
The Dauer-Brown Letters: Towards A Comprehensive Legal Education, Edward A. Dauer, Louis M. Brown
Cleveland State Law Review
Edward A. Dauer is President of the National Center for Preventive Law at the University of Denver. Louis M. Brown developed and advocates preventive law jurisprudence. In this dialogue, drawn from an exchange of correspondence between them, Dauer and Brown focus their insights on how best to gear law school curricula to train lawyers to handle the complexities of a "real life" practice.
Coping With Change: The Lawyer's Role, Wilton S. Sogg
Coping With Change: The Lawyer's Role, Wilton S. Sogg
Cleveland State Law Review
The following articles are the result of an experimental course entitled "Current Problems of Small Business" offered at Cleveland-Marshall College of Law. Primarily for third-year students, the course was designed to provide a practical learning experience in seminar format. The course focused on business issues, but also taught lawyering skills such as interviewing, counseling, negotiating and drafting. Thus, the students were provided a pragmatic learning experience that can be applied to legal practice.
Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton
Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton
Cleveland State Law Review
Medicine and law emerged in the early decades of the twentieth century as strong, highly organized professions with high status, increasing rewards, and growing autonomy. Professional claims of esoteric knowledge, collegial solidarity, and disinterestedness were accepted by members of the profession and the general public. Professional schools in both disciplines forged university connections and achieved dominant positions in the preparation of new professionals. Patterns of medical and legal education established during this formative period, extending roughly from 1890 to 1920, have been highly persistent. Despite these similarities, educators in the two professions have proceeded in isolation from one another. There …
Prefatory Remark, John M. Ferren
Prefatory Remark, John M. Ferren
Cleveland State Law Review
Bill Pincus, therefore, has had a vision. He has been steadfast. He has been substantially responsible for a major, new direction in legal education. He will continue to nourish it. There are few - very few - about whom this much can be said.
The Clinical Method Of Legal Instruction: Its Theory And Implementation, David R. Barnhizer
The Clinical Method Of Legal Instruction: Its Theory And Implementation, David R. Barnhizer
Law Faculty Articles and Essays
This article assists the process of understanding the clinical methodology by analyzing the following premises. 1. The method of instruction termed "clinical" differs from the Langdellian appellate casebook method in only one respect--the clinical method collects directly experienced legal processes involving a third party (the client) as its core of material studied by the law student while the casebook method utilizes collections of vicariously or indirectly experienced two-dimensional material as its core of learning material. 2. Issues of what specific educational goals are selected by the law teacher, and the techniques of instruction (Socratic, lecture, discussion, videotapes, etc.) are not …
Clinical Education At The Crossroads: The Need For Direction, David R. Barnhizer
Clinical Education At The Crossroads: The Need For Direction, David R. Barnhizer
Law Faculty Articles and Essays
This Commentary rests on five premises. The first is that it is both possible and necessary to understand clinical legal education as a general instructional method. The second is that all legal educators must be more willing to reexamine and clarify the purposes of legal education and to engage in discussion about the primary educational goals to be served. The third premise is that different educational methods possess distinct capabilities for the attainment of specific educational goals and that certain applications of the clinical method are manifestly superior vehicles to facilitate learning in the area of "professional responsibility." The fourth …
Problems In Legal Education 1971, Cleveland State Law Review
Problems In Legal Education 1971, Cleveland State Law Review
Cleveland State Law Review
Six problems in legal education, much discussed recently, were posed by the Editors of this Review to a number of the top educators in the legal world. These questions were and are frankly difficult and controversial, but their answers are important to our system of legal education and to our society. Capsule answers given by these concerned educators are believed to be interesting and significant. Each is a personal rather than a representative opinion. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. Their purpose is to indicate …
Old And New Type Bar Exams, Melvin Nord
Old And New Type Bar Exams, Melvin Nord
Cleveland State Law Review
Bar exams are intended to protect the public by insuring that only competent persons are licensed to practice law. What comprises competency, however, is a difficult question to answer; and how competency is to be determined is even more difficult. As with most difficult questions, the usual approach has been simply to ignore them and "play it by ear." The result has been bar exams in many states which are of marginal value to the public and which have at the same time been extremely unfair to the applicants.
Make Room For The Students: Governance Of The Law School, John J. Regan
Make Room For The Students: Governance Of The Law School, John J. Regan
Cleveland State Law Review
Should students share the power? The issue of student participation in the governance of colleges and universities concerns virtually every institution of higher education in the country. Confrontations at some universities have focused on this issue as one of the prime causes of student discontent. Other institutions have plunged quickly into investigations and discussions of the question to head off such disturbances.