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Articles 91 - 120 of 205
Full-Text Articles in Legal Education
Building Bridges Between Theory And Practice, Scholarship And Activism, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Scholarship And Activism, Elizabeth M. Schneider
Cleveland State Law Review
The recent events of the last few weeks, the Senate Judiciary Committee hearings concerning Anita Hill's allegations of sexual harassment against Clarence Thomas, and Clarence Thomas' confirmation to the Supreme Court, have shaken the nation and I'm sure all of us in this room. These events underscore the urgency and challenge of the justice mission of legal education. In these remarks, I will briefly explore a critical dimension of this mission, the building of bridges between theory and practice, scholarship and activism, in American legal education. Our presence here signifies our commitment to the idea that law schools have a …
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. …
Homelessness And The Use Of Reality To Enrich The Experience Of Law School, Frank Trinity
Homelessness And The Use Of Reality To Enrich The Experience Of Law School, Frank Trinity
Cleveland State Law Review
When I arrived in New Haven in 1985 1 was shocked. I would go running near the campus and find myself in the middle of public housing projects. This was the first time I ever saw housing projects. I grew up in New Jersey suburbs and had never before seen a housing project. Now I was confronted with people on street comers asking for money. This experience was very upsetting. About the same time as this was occurring, I was attending first semester classes; my brain was being twisted in these courses in ways I never expected. As the semester …
The Justice Mission And Mental Health Law, Steven R. Smith
The Justice Mission And Mental Health Law, Steven R. Smith
Cleveland State Law Review
Mental health law's concern with justice, so much a part of the discussion of civil commitment, the insanity defense and other traditional mental health subjects, has been a neglected subject in one important area. Malpractice claims against mental health professionals commonly are slow, expensive and embarrassing for the professional and the injured. Processing these claims creates great stress on plaintiffs and defendants alike. The legal system has been insensitive to the harm it inflicts on mental health patients who pursue malpractice claims. Too often even patients' lawyers have also ignored the potential for harm. Because the current system conflicts with …
On Defining Academic Scholarship, Stephen J. Werber
On Defining Academic Scholarship, Stephen J. Werber
Law Faculty Articles and Essays
In 1970, I left the world of a litigation attorney and joined that of academia. One of the first survival lessons that I learned was that, in order to gain tenure and ultimately achieve the pinnacle of full professor, I had to establish myself as a scholar. This, I learned, meant that I had to publish. Perusal of the Personnel Policies of our University, which are similar to those of many others, indicated that a key to a successful career was that I produce "an outstanding record as a scholar." The closest definition to the term in the personnel policies …
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 …
The Purposes Of The University In The First Quarter Of The Twenty-First Century, David R. Barnhizer
The Purposes Of The University In The First Quarter Of The Twenty-First Century, David R. Barnhizer
Law Faculty Articles and Essays
This article examines the history of universities, the role of the new university in American society, and the mission of the modern university.
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.
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 …
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 …
The Spirit Of Justice, Henry Ramsey Jr.
The Spirit Of Justice, Henry Ramsey Jr.
Cleveland State Law Review
This "Justice Mission" conference is organized around a topic that is of great importance throughout the world. I underscore throughout the world. The American Bar Association, with the lead being taken in part by the Section of Legal Education and Admission to the Bar, is engaged in what is known as the Central and Eastern European Law Initiative (CEELI). This is an attempt to work with law schools, law teachers and law administrators in the countries of Central and Eastern Europe; to bring to them the benefits of the American legal educational system as they attempt to deal with the …
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] …
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 …
Teaching About Justice Through Creative Strategies, Anthony G. Amsterdam
Teaching About Justice Through Creative Strategies, Anthony G. Amsterdam
Cleveland State Law Review
When discussing justice, it helps us to look at our legal institutions from outside the narrow, closed circle in which most of us operate most of the time or believe we operate. Part of the problem is that all of our legal institutions and much of our rationality are the products of an evolution that is only several thousand years old. But we have a set of instincts and a neurological system that have evolved over more than a million and a half years. Human beings became human and they still live in the shadow of the cave. Our instinct …
Problems With The Structure Of Casebooks And Instruction, John Makdisi
Problems With The Structure Of Casebooks And Instruction, John Makdisi
Cleveland State Law Review
The case method of instruction has served to instruct generations of students from the time of its introduction by Christopher Langdell at the Harvard Law School. It has much to recommend it inasmuch as the lawyers who have been trained to think, analyze and solve problems by analyzing cases include some of the best minds in the country. However, this time-honored method of instruction contains some major flaws and it is time that we reexamine a pedagogic approach satirized for its punishing role in The Paper Chase. A pedagogic approach to law training that focuses on problem solving is not …
Law Schools Should Be About Justice Too, Henry Rose
Law Schools Should Be About Justice Too, Henry Rose
Cleveland State Law Review
Millions of low and middle-income Americans face legal problems every day. Most cannot afford an attorney. What is remarkable about these legal problems is that they are ignored by legal educators. American law schools, the training ground for our lawyers, do not focus on the civil legal problems of low and middle income persons. American law students are taught to focus on the legal problems of persons or entities able to pay for legal services. Not only are the common legal problems of Americans not studied in our law schools, the maldistribution of legal services in the society is barely …
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 …
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. …
Finding Yourself In Law School, Joel J. Finer
Finding Yourself In Law School, Joel J. Finer
Law Faculty Articles and Essays
The author offers suggestions for adjusting to and coping with law school and gives insight into discovering oneself in the process.
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 Revolution In American Law Schools, David Barnhizer
The Revolution In American Law Schools, David Barnhizer
Cleveland State Law Review
The majority of this Article has considered some of the changes that have come about in the focus of legal scholarship. Of equal importance are the shifts in curriculum and content that the schools have experienced. In some ways the shifts mirror changes in academic focus but curricular change has by and large altered much of what is actually done in the law schools while seeming, on the surface, to remain largely the same. The curriculum of the Cleveland State University College of Law provides an example of how law schools have responded innovatively to an expanded sense of professional …
How To Do A Perpetuities Problem, John Makdisi
How To Do A Perpetuities Problem, John Makdisi
Cleveland State Law Review
The most difficult aspect of the rule against perpetuities is figuring out a sure-fire way to determine whether an interest created in a conveyance is valid or invalid. The meaning of the rule itself is not hard to fathom. Whenever the interest might vest too remotely it is invalid, and it becomes possible to vest remotely if there is a chance that it could vest more than twenty-one years after everyone alive at the time of the conveyance has died. Whether the interest violates the rule against perpetuities is determined at the moment the conveyance creating the interest becomes effective. …
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.
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.
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 …
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Cleveland State Law Review
Conceptions of intellect long basic to Western academic thought increasingly are being called into question. These conceptions, which equate intellect with finding and applying the "laws" that govern phenomena, have been seen to divorce us from realities of choice and self-creation that underlie the human experience. The first half of the Article develops these themes, suggesting the philosophical and practical importance of alternative, more expansive conceptions of intellect. The second half then illustrates these points, using legal education as a case study.
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Cleveland State Law Review
Conceptions of intellect long basic to Western academic thought increasingly are being called into question. These conceptions, which equate intellect with finding and applying the "laws" that govern phenomena, have been seen to divorce us from realities of choice and self-creation that underlie the human experience. The first half of the Article develops these themes, suggesting the philosophical and practical importance of alternative, more expansive conceptions of intellect. The second half then illustrates these points, using legal education as a case study.
In Memoriam: Wilson Gesner Stapleton 1901-1979, Walter C. Kelley
In Memoriam: Wilson Gesner Stapleton 1901-1979, Walter C. Kelley
Cleveland State Law Review
No abstract provided.
In Memoriam: Wilson Gesner Stapleton 1901-1979, Owen C. Neff
In Memoriam: Wilson Gesner Stapleton 1901-1979, Owen C. Neff
Cleveland State Law Review
No abstract provided.
Professor Kevin Sheard, Robert L. Bogomolny
Professor Kevin Sheard, Robert L. Bogomolny
Cleveland State Law Review
No abstract provided.