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Cleveland State University

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Articles 151 - 180 of 205

Full-Text Articles in Legal Education

The Legacy Of Clinical Education: Theories About Lawyering, Carrie Menkel-Meadow Jan 1980

The Legacy Of Clinical Education: Theories About Lawyering, Carrie Menkel-Meadow

Cleveland State Law Review

This article will examine some of the various schools of thought about what lawyers do. It is offered as a commentary on the beginning of a philosophy or sociology of lawyering that is derived from the clinical movement which will survive long after the pedagogical and political disputes about clinical methodology have been resolved. This is a subjective study which incorporates my own interpretations of the concepts of the various schools of thought. I describe the approaches to or theories about lawyering and their "creators" as I know them, recognizing that some major theories, schools and people may not for …

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Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway Jan 1980

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Cleveland State Law Review

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

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A.A.L.S. Clinical Legal Education Panel: Evaluation And Assessment Of Student Performance In A Clinical Setting, H. Russell Cort, Jack L. Sammons, Robert S. Catz, Ralph S. Tyler, Terence J. Anderson Jan 1980

A.A.L.S. Clinical Legal Education Panel: Evaluation And Assessment Of Student Performance In A Clinical Setting, H. Russell Cort, Jack L. Sammons, Robert S. Catz, Ralph S. Tyler, Terence J. Anderson

Cleveland State Law Review

This article is adapted from a panel discussion held under the auspices of the Section on Clinical Legal Education of the Association of American Law Schools, presented at the annual meeting in Phoenix, Arizona on January 5, 1980. The participants were H. Russell Cort, Jack L. Sammons, Robert S. Catz, Ralph S. Tyler and Terence J. Anderson.

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Clinical Legal Education From A Systems Perspective, Edgar S. Cahn Jan 1980

Clinical Legal Education From A Systems Perspective, Edgar S. Cahn

Cleveland State Law Review

This article seeks to address some of the consequences of choosing to make the imparting of lawyering competency a primary objective of legal education and utilizing a clinical methodology to accomplish that objective. My basic argument is that more is entailed than simply the addition of a clinic. In effect, one is talking about "system design." Regardless of the scale of that system, the emergence of competency criteria has direct applicability to the design and grading of final examinations in conventional classroom courses. The larger the scale of a clinic within a school's curriculum, the more significant the consequences for …

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The Clinical Method Of Legal Instruction: Its Theory And Implementation, David R. Barnhizer Jan 1979

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 …

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Product Liability: A Consolidated Teaching Approach, Stephen J. Werber Jan 1979

Product Liability: A Consolidated Teaching Approach, Stephen J. Werber

Law Faculty Articles and Essays

At a time when the impact of product liability litigation upon the socioeconomic structure of the United States is becoming better understood and at a time when the legal profession is realizing to a greater extent the impact of developing doctrine it is sad to note that vast numbers of law colleges offer no specialized course in this subject. The number of litigated, reported cases is rising dramatically as an increasing number of states are adopting more sophisticated and liberal approaches to product suits. Nevertheless, many law students are ill equipped to deal with the problems of a product claim, …

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On Teaching Natural Law, David F. Forte Jan 1978

On Teaching Natural Law, David F. Forte

Law Faculty Articles and Essays

With the materials at hand which this appendix has listed, an instructor can better sort and choose from all categories, so as to concentrate more effectively, on those aspects of natural law legal theory and practice which he deems valuable for his students.

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General Thoughts On Admission To Practice In The Federal Courts Of The United States, Robert L. Bogomolny Jan 1978

General Thoughts On Admission To Practice In The Federal Courts Of The United States, Robert L. Bogomolny

Cleveland State Law Review

The need for improvement in the quality of practice of law has resulted in a recent tendency to look to two major areas as sources for this improvement. These sources are relatively obvious but need to be restated. The first involves the quality of legal education, particularly in areas dealing with advocacy and adequate representation of clients. The second area involves qualification for admission to the practice of law. What is needed is a critical evaluation of all of the proposals for reform of the quality of advocacy in the courts. It is possible that some may miss the central …

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Clinical Education At The Crossroads: The Need For Direction, David R. Barnhizer Jan 1977

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 …

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Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich Jan 1977

Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich

Cleveland State Law Review

Sometime ago, the New York Times reported that Erwin Griswold -former Dean of the Harvard Law School, former President of the American Bar Foundation, former Solicitor General of the United States, and one of my own mentors and friends -was asked whether all private lawyers should donate some of their time and talents to serving the poor. "Should carpenters build houses free?" he responded. The question was obviously intended as rhetorical, but in view of Mr. Griswold's stature in the legal profession his analogy deserves serious consideration, and his views deserve a serious response. My comments attempt to provide that …

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The Use Of Comparative Law In Teaching American Civil Procedure, Sidney B. Jacoby Jan 1976

The Use Of Comparative Law In Teaching American Civil Procedure, Sidney B. Jacoby

Cleveland State Law Review

The use of comparative law can enhance the teaching of American civil procedure, especially by a comparison of foreign form book material with American forms. In this way, with some basic knowledge of comparative civil procedure, the student will better appreciate our own concepts and will also understand some fundamental principles of the civil procedure of civil law countries when he is confronted with them in private practice

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The Woman Law Student: The View From The Front Of The Classroom, Jurate Jason, Lizabeth Moody, James Schuerger Jan 1975

The Woman Law Student: The View From The Front Of The Classroom, Jurate Jason, Lizabeth Moody, James Schuerger

Cleveland State Law Review

The primary purpose of this study was to examine law professors' opinions on selected areas of the professor-student relationship with primary focus on the professors' views of and reactions to women law students. A secondary purpose of the study was to stimulate law professors to examine their attitudes and behavior toward women law students.

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Problems In Legal Education 1971, Cleveland State Law Review Jan 1971

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 …

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Old And New Type Bar Exams, Melvin Nord Jan 1971

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.

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Make Room For The Students: Governance Of The Law School, John J. Regan Jan 1971

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.

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1970 Problems In Legal Education, John A. Bauman, Scott H. Bice, Stuart Brody, Thomas W. Christopher Jan 1970

1970 Problems In Legal Education, John A. Bauman, Scott H. Bice, Stuart Brody, Thomas W. Christopher

Cleveland State Law Review

Five problems in legal education, much discussed recently, were posed by the Editors of this Review to a number of administrative figures in the law school 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 legal education administrators 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 …

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Experience-Based Teaching Methods In Legal Counseling, Robert T. Grismer, Thomas L. Shaffer Jan 1970

Experience-Based Teaching Methods In Legal Counseling, Robert T. Grismer, Thomas L. Shaffer

Cleveland State Law Review

Lawyers spend more time in their offices, in person-to-person encounters counseling troubled individuals, than in any other single area. The alternative to this is litigation, an expensive, inefficient, disfunctional process. Lawyers are counselors, in the most Sartrean sense of the word; whether they intend to be or not. Legal educators like Harrop Freeman and Andrew S. Watson, and legal psychologists such as Robert S. Redmount, have pointed out the inevitability of legal counseling in practice, and the lack of adequate preparation we give our students for their lives as counselors.

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Clinical Experience And The College Work-Study Program, James T. Flaherty Jan 1970

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 …

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Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel Jan 1969

Failure Of Religious, Moral And Legal Controls To Meet The Needs Of Modern Life: Legal Education, Frederick K. Beutel

Cleveland State Law Review

Law is social control, and law devised without direct reference to the facts of life of the people controlled is not likely to be successfully administered. This is especially true in the modern world where social conditions are being changed with kaleidoscopic rapidity, while laws are changing slowly if at all. If all the professions using science have so changed man's environment, why does it not make sense to give the scientific method a improve law and government? The means of accomplishing this have been discussed at length elsewhere and need not be repeated here; but the impact of these …

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The Student And Law School Governance, Ralph F. Bischoff Jan 1969

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 …

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On Legal Writing, Albert P. Blaustein Jan 1969

On Legal Writing, Albert P. Blaustein

Cleveland State Law Review

Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.

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A Core Curriculum For Urban Law, David F. Cavers Jan 1969

A Core Curriculum For Urban Law, David F. Cavers

Cleveland State Law Review

My suggestions here will be directed to the second and third years of the law curriculum. In suggesting courses which I believe can provide a valuable body of knowledge in preparation for the new demands of urban law practice, I have ignored the opportunities for drawing on materials relevant to that practice in many of the courses that I do not mention. Without sacrificing instructional value, such materials can frequently be substituted in first-year courses and in some of the second and third year courses for materials drawn from a more bucolic America. This process is already beginning to take …

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A Few Words About Law Teaching, Robert A. Leflar Jan 1969

A Few Words About Law Teaching, Robert A. Leflar

Cleveland State Law Review

The purpose of these few paragraphs will be to look for a quick moment at the law teacher's job as it appears both in retrospect and prospect to one whose law school teaching spans more than forty years and whose fortunate experience at working with other jobs in the law has given him reason to appreciate mightily the happy chance that led him as a youth into the teaching branch of the legal profession.

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Random Gripes Of A Law Professor, Marcus Schoenfeld Jan 1969

Random Gripes Of A Law Professor, Marcus Schoenfeld

Cleveland State Law Review

Let use begin at the beginning-the "slave markets." Everyone, both "buyers" and "sellers," agree that it's an exhausting, demeaning,and inefficient way to hire professors. But the art form remains remarkably constant, since no better means of mass matchmaking has yet been devised. Possibly we should adopt the British system, requiring all schools to advertise their openings in the Times classified section. More likely, we will start computerizing to remove the last vestiges of humanity from the system. But until the system is basically changed, why not try to smooth out some rough spots?

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Befehl 1st Befehl, James K. Weeks Jan 1969

Befehl 1st Befehl, James K. Weeks

Cleveland State Law Review

Over the years educators have railed against poor scholarship, lack of interest, poor grammar and the general incompetence or ineptness of students. Many of these criticisms were correctly laid at the door of students. The attitudes developed early in life, nurtured in elementary and secondary schools and ripened in undergraduate colleges and universities, were often harvested by the graduate schools. These attitudes, good or bad but more often merely neutral, would supply a list of almost inexhaustible possibilities. It is this writer's purpose to focus in on four which, because of their influence upon law students, can be carried on …

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Then And Now: A Bit Of Autobiography And An Argument, Vernon X. Miller Jan 1969

Then And Now: A Bit Of Autobiography And An Argument, Vernon X. Miller

Cleveland State Law Review

I am old enough to give my younger colleagues (and a few of my contemporaries) some advice. Study the 1920's. They were a law teachers' decade. Even you, honestly sophisticated as you are, can find out how the profession got to where it is. No one of us can afford to stop growing. The profession needs you as lawyers because the profession is under siege. The university schools need you as lawyers because the schools just could forfeit their power in the profession.

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Legal Education: Confronting Reality And Too Many Siblings, Ralph Slovenko Jan 1969

Legal Education: Confronting Reality And Too Many Siblings, Ralph Slovenko

Cleveland State Law Review

What do we-all of us-want out of legal education? Why is there so much concern and dissatisfaction with regard to the third, and to some extent, the second year of the curriculum? Questions most often raised are: What does one want or expect of legal education?; why is there so much dissatisfaction?; what really is the problem, and what can be done about it?

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Need For More Professors Who Have Practiced Law, James M. Dente Jan 1969

Need For More Professors Who Have Practiced Law, James M. Dente

Cleveland State Law Review

I was delighted to receive recently a copy of a letter from the distinguished faculty advisor of the Cleveland-Marshall Law Review, inviting law faculty members, whenever they are seeking a vehicle for expression, to send short un-annotated articles about a pet idea or gripe in legal education. After having practiced law for fourteen years and (after having been turned down by some of the best law schools in the country) having taught law for the past year, I now feel eminently qualified to write just that type of unscholarly article.

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1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb Jan 1968

1967-1968 Problems In Legal Education, David F. Cavers, Robert F. Drinan, W. Ray Forrester, Robert F. Grabb

Cleveland State Law Review

Six problems in legal education, much discussed recently, were posed by the Editors of this Review to leading legal educators. 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 distinguished legal 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 succinctly the approach of outstanding American …

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1966-1967 Issues In Legal Education, David F. Cavers, Lindsey Cowen, Walter Gellhorn, John G. Hervey Jan 1967

1966-1967 Issues In Legal Education, David F. Cavers, Lindsey Cowen, Walter Gellhorn, John G. Hervey

Cleveland State Law Review

Six issues in legal education, much discussed recently, were posed by the Editors of this Review to leading legal educators. 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 distinguished legal 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 succinctly the approach of outstanding American …

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