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Washington University in St. Louis

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Full-Text Articles in Legal Education

Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton Jan 2017

Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton

Washington University Journal of Law & Policy

This Essay discusses how institutions devise traditions and celebrations within the context of protecting established hierarchies of power and privilege. Appleton and Stiritz bring to light the research of William Masters and Virginia Johnson and their publication of Human Sexual Response. The authors argue that Masters and Johnson’s work should be institutionally recognized and celebrated by Washington University. The Essay discusses how Washington University’s neglect has impacted Masters and Johnson’s narrative and reflects upon how their legacy was instead highlighted in the popular Showtime series Masters of Sex. Finally, the Essay reflects upon what might have been ...


My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating Jan 2017

My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating

Washington University Journal of Law & Policy

This Essay explains the continued relevance of the issues discussed in Hill v. Gateway 2000, Inc. twenty years later. Keating describes his approach to teaching the case in his classroom, highlighting the broad and narrow issues under Article 2 of the Uniform Commercial Code implicated by the underlying facts. Keating disagrees with the outcome of the case, but praises its value as a teaching tool for sales contract formation and broader policy issues in the legal system.


Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat Jan 2017

Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat

Washington University Journal of Law & Policy

This Essay discusses the changing nature of legal education, focusing on the movement from national to global law schools, specifically within the context of globalization. Sadat details the development of international and comparative legal education at Washington University and reflects on their benefit to the School’s reputation. Sadat closes with a discussion of “Global Trumpism,” its potential impact on the Pax Americana, and the resulting effect on Washington University’s international and comparative legal education programs.


Beyond Stamp Collecting: Ronald Coase And “Scientific” Legal Scholarship, John N. Drobak Jan 2017

Beyond Stamp Collecting: Ronald Coase And “Scientific” Legal Scholarship, John N. Drobak

Washington University Journal of Law & Policy

This Essay argues that legal scholarship is properly considered a highly technical field of study rather than a system based on classifications. Drobak concedes that excellent legal scholarship requires a complex system of classifications akin to “stamp collecting.” Drobak then makes a case for legal research as a technical science requiring an interdisciplinary approach to confront new issues and further develop current legal doctrines.


Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn Jan 2017

Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn

Washington University Journal of Law & Policy

This Essay analyzes the data surrounding clinical education in law schools. Kuehn compares the legal education experience to other professional schools, noting that the legal field does not take the steps to prepare law students for the professional field that other schools do. Kuehn argues that a mandated clinical experience for all students is both not costly to obtain and feasible to immediately implement. Kuehn concludes his argument by calling for required clinical training in ABA-approved law schools to ensure practice-ready professionals.


Wherefore Moot Court?, Richard E. Finneran Jan 2017

Wherefore Moot Court?, Richard E. Finneran

Washington University Journal of Law & Policy

This Essay, by Richard E. Finneran, adjunct professor and moot court coach at Washington University School of Law, extols the benefits of participating in moot court programs and offers tips how to instruct students to become better appellate advocates. Finneran underscores the value of studying oral advocacy, particularly as the decline in popularity studying and teaching the art of oral argument is reflected in the lack of quality exhibited by some advocates. Finneran does not attribute this lack of quality on the innate skills of an advocate, but rather places the onus on educators to teach moot court students the ...


The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer Jan 2017

The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer

Washington University Journal of Law & Policy

This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.


Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran Jan 2017

Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran

Washington University Journal of Law & Policy

This Essay, by attorneys Claire Botnick and Cort VanOstran, both recent graduates of Washington University School of Law, offers a perspective on the efficacy and shortcomings of recent modal changes in legal training. Botnick and VanOstran have a point of view situated between a student’s immediate exposure but limited perspective, and the established practitioner’s measured but distant analysis. Botnick and VanOstran emphasize the importance of academic programs that prioritize a student’s interaction with the law through curricular offerings, clinical experiences, and oral advocacy training.


Worst Law School Advice Ever, Michael A. Kahn Jan 2017

Worst Law School Advice Ever, Michael A. Kahn

Washington University Journal of Law & Policy

This Essay reflects upon multiple pieces of advice Kahn encountered while in law school. The author kindly rejects early advice he received—dubbed the “worst law school advice ever”—and affirms another—suggesting that a narrow course of study in law school may strengthen a student’s knowledge of a specific area of the law, but can limit the understanding of the law as in operates in whole. Kahn provides his own advice, suggesting instead a broad course of study that can prepare a future attorney to better deal with the rapid speed at which any given field of law ...


Embracing New (And Old) Ideas, James E. Daily Jan 2017

Embracing New (And Old) Ideas, James E. Daily

Washington University Journal of Law & Policy

This Essay, by James E. Daily, lecturer at Washington University School of Law, identifies current declines in the demand for legal education and the greater job market offers a possible solution—re-introducing the LL.B degree. Daily looks at the historical increases in demand that led to the acceptance of the J.D. as the standard law degree required for practice. Daily proposes law schools should re-organize the current J.D. program to become a research or theory-focused advanced degree, and re-introduce the LL.B undergraduate LL.B degree that integrates the use and creation of new technologies in legal ...


Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook Jan 2017

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Washington University Journal of Law & Policy

This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects ...


Law Schools At Founding And Today, Russell K. Osgood, Jacob Glickfield Jan 2017

Law Schools At Founding And Today, Russell K. Osgood, Jacob Glickfield

Washington University Journal of Law & Policy

This Essay offers a historical perspective detailing the development of Missouri’s Constitution and the history of common law legal education by focusing on the founding of the Washington University Law Department. The authors address some suggestions by other scholars on how to modernize education including conversion to a two-year curriculum. While reflecting on the past, the authors suggest that a longer, but non-rigid, curriculum may be the only feasible way to structure legal education and offers several alternative structures for modern legal education. They discuss the pros and cons of their proposal, highlighting the need for social discussion concerning ...


Introduction, Nancy Staudt Jan 2017

Introduction, Nancy Staudt

Washington University Journal of Law & Policy

No abstract provided.


Introduction, Karen Tokarz Jan 2016

Introduction, Karen Tokarz

Washington University Journal of Law & Policy

No abstract provided.


What Internationals Know: Improving The Effectiveness Of Post-Conflict Justice Initiatives, Elena Baylis Jan 2015

What Internationals Know: Improving The Effectiveness Of Post-Conflict Justice Initiatives, Elena Baylis

Washington University Global Studies Law Review

The international community is intensely involved in the field of post-conflict justice. The United States, the United Nations, and many other international organizations, governments, and institutions have contributed to hundreds of trials and programs aimed at achieving post-conflict justice goals.Through these initiatives, the field of post-conflict justice has developed rapidly over the last thirty years.

This Article contributes to the literature on the effectiveness of post conflict justice initiatives by examining the relationships between internationals’ job movement and their development and transfer of knowledge from one post-conflict setting and institution to another. During interviews with internationals, I observed differences ...


Ideological Renewal And Nostalgia In China’S “Avant-Garde” Legal Scholarship, Samuli Seppänen Jan 2014

Ideological Renewal And Nostalgia In China’S “Avant-Garde” Legal Scholarship, Samuli Seppänen

Washington University Global Studies Law Review

This Article examines certain attempts in Chinese legal scholarship to formulate alternatives to “Western” or “liberal” rule of law ideology. The Article discusses three different strands of contemporary Chinese “avant-garde” legal scholarship: (i) neo-conservative critical scholarship, which builds on American legal realism, critical legal studies, and critical social theory; (ii) a form of New Confucian virtue-based legal thought, which combines traditionalist Chinese ethics with Western virtue ethics; and (iii) certain communitarian rule of law theories. The Article identifies a paradox in the premise of Chinese avant-garde scholars’ ideological renewal project: avant-garde scholars can only hope to create illusions of ideological ...


International Law And Practice In Times Of Change, Marcella David Jan 2014

International Law And Practice In Times Of Change, Marcella David

Washington University Global Studies Law Review

"This Article, based on remarks given at a fall 2013 conference hosted by The Whitney R. Harris World Law Institute at Washington University in St. Louis School of Law, offers a perspective on the current state of private and public international law, and what that means for law students today, particularly students at Midwestern law schools. With that perspective in mind, the article concludes with some observations about what law schools are and should be doing to integrate international perspectives and experiences into law school curriculum."


Globalization And United States Law Practice, Frank L. Steeves Jan 2014

Globalization And United States Law Practice, Frank L. Steeves

Washington University Global Studies Law Review

This Article advances the idea that globalization of law is inevitable and that legal education and experience in the United States uniquely prepares attorneys to practice in an increasingly global legal environment. The reason is that the United States, with its fifty sovereign states, has allowed for the development of a full range of legal approaches to most modern business issues. As the laws and practices in other countries change to keep pace with the globalization of business, the results are often a reflection of elements previously debated, accepted, or rejected in one or more U.S. jurisdictions.


Introduction, Leila Nadya Sadat Jan 2014

Introduction, Leila Nadya Sadat

Washington University Global Studies Law Review

"This Foreword takes up the more difficult question, raised by many of the contributions here, of how international law and international lawyers can help solve the problems posed by globalization and how American legal education needs to respond to the changing needs of its students and the world around it given the challenges of this 21st century world."


Three Generations And Two Tiers: How Participation In Law School Clinics And The Demand For "Practice-Ready" Graduates Will Impact The Faculty Status Of Clinical Law Professors, Todd A. Berger Jan 2014

Three Generations And Two Tiers: How Participation In Law School Clinics And The Demand For "Practice-Ready" Graduates Will Impact The Faculty Status Of Clinical Law Professors, Todd A. Berger

Washington University Journal of Law & Policy

Since the emergence of clinical legal education in its modern form, a majority of law school faculties have created and maintained a faculty structure in which clinicians do not enjoy the same "employment security, status, monetary and non-monetary benefits, rights of citizenship, academic freedom and autonomy" currently enjoyed by non-clinical faculty. This Essay posits that, in the ensuing decades, we are likely to see this two-tiered system replaced by a different system that extends the same rights, privileges, and compensation to both clinical and non-clinical faculty.

With respect to the diminished faculty status of law school clinicians, the winds of ...


Envisioning A Twenty-First Century Legal Education, W. Warren H. Binford Jan 2014

Envisioning A Twenty-First Century Legal Education, W. Warren H. Binford

Washington University Journal of Law & Policy

Imagine a law school in which you are taught only what you need to know, when you need to know it, using the teaching methods and resources best suited for you. Imagine a law school in which you are taught by the best scholars and lawyers in the world without ever leaving your campus. Imagine a law school that allows you to go almost anywhere around the globe to gain the experience you need and to develop the relationships that would best support your professional aspirations. Imagine a law school where professors are coaches, classmates are colleagues, and time and ...


Stop Thinking And Start Doing: Three-Year Accelerator-To-Practice Program As A Market-Based Solution For Legal Education, Jeffrey J. Pokorak, Ilene Seidman, Gerald M. Slater Jan 2014

Stop Thinking And Start Doing: Three-Year Accelerator-To-Practice Program As A Market-Based Solution For Legal Education, Jeffrey J. Pokorak, Ilene Seidman, Gerald M. Slater

Washington University Journal of Law & Policy

Law school applications are the lowest they‘ve been in thirty years. Law school enrollment is down significantly from last year, and analysts see the trend continuing for the 2014–2015 academic year. The lack of current job opportunities and the potential for massive student loan payments has scared away prospective students from entering the legal profession. Commentators continue to suggest that obtaining a legal education might no longer be worth the investment. This Essay disagrees. Too many people suffer unnecessary harms due to a lack of affordable legal services. Continued progress in achieving necessary access to legal assistance relies ...


Enriching The Law School Curriculum: The Rise Of Transactional Legal Clinics In U.S. Law Schools, Susan R. Jones, Jacqueline Lainez Jan 2014

Enriching The Law School Curriculum: The Rise Of Transactional Legal Clinics In U.S. Law Schools, Susan R. Jones, Jacqueline Lainez

Washington University Journal of Law & Policy

More than fifteen years ago, the Clinical Law Review published "Small Business and Community Economic Development: Transactional Lawyering for Social Change and Economic Justice." In that article, Professor Susan R. Jones illustrated how shifting societal and political norms calling for increased individual economic self-reliance and the reduction of government entitlements resulted in the meaningful expansion of small business and community economic development legal clinics. The article presented a historical snapshot of the 1990s‘ age of welfare reform, and demonstrated how transactional legal clinics with a social and economic justice mission helped to promote community economic development.

Since the publication of ...


Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert F. Seibel Jan 2014

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert F. Seibel

Washington University Journal of Law & Policy

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in ...


Introduction, Peter A. Joy Jan 2014

Introduction, Peter A. Joy

Washington University Journal of Law & Policy

The legal profession and law schools have been in the throes of major changes since the financial crisis came to a head in 2008. This volume of the Journal of Law and Policy, ―New Ideas in Law and Legal Education,‖ primarily focuses on recommendations for and developments in legal education, to respond to the changing legal environment. To put these Articles and Essays in context, it is helpful to consider some of the changes in the legal profession and in law schools over the past five years.

When the financial crisis hit in 2008, conventional wisdom initially held that the ...


Ask Not For Whom The Law School Bell Tolls: Professor Tamanaha, Failing Law Schools, And (Mis)Diagnosing The Problem, Michael A. Olivas Jan 2013

Ask Not For Whom The Law School Bell Tolls: Professor Tamanaha, Failing Law Schools, And (Mis)Diagnosing The Problem, Michael A. Olivas

Washington University Journal of Law & Policy

It is a truth universally acknowledged that law faculty are in want of purpose. It takes a lot to get us riled, and even more to call us to the barricades. But the current state of financing legal education is just such a burning theater, and we all should be troubled by the fast- churning events. Because most of us went to law school during the Golden Age, which I situate as having ended in approximately 2005– 06, at the top of the application apex and the height of the modern- day job markets for law graduates, most of us ...


Legal Educators Defending The Status Quo, Brian Z. Tamanaha Jan 2013

Legal Educators Defending The Status Quo, Brian Z. Tamanaha

Washington University Journal of Law & Policy

These are trying times for legal educators. In 2011, the New York Times ran a year-long series of embarrassing articles exposing problems within legal academia. It revealed that law schools charge extremely high tuition and produce an oversupply of graduates, many of whom end up with large debt loads and no jobs. To entice students to enroll, many law schools advertise misleading employment data—claiming 90 percent or more of graduates obtain employment when the underlying truth is much worse—and lure students with scholarship offers that carry a significant risk of forfeiture, which unwary students fail to fully appreciate ...


Legal Education As A Private Good, Steven L. Willborn Jan 2013

Legal Education As A Private Good, Steven L. Willborn

Washington University Journal of Law & Policy

This short Article is intended to be positive, not normative; it is an exploration of the current situation viewed through a particular lens. Through that lens, the Article is intended to be a clear-eyed description of where we are. The current situation presents serious problems of affordability and accessibility. In the long run, society will suffer from these problems; it will suffer doubly because certain demographic groups will lose access disproportionately. Again, I would prefer the old world where it was recognized that education generally and legal education in particular provided important public goods and where society acted to ensure ...


Reflections On The Decreasing Affordability Of Legal Education, Jerome M. Organ Jan 2013

Reflections On The Decreasing Affordability Of Legal Education, Jerome M. Organ

Washington University Journal of Law & Policy

This Article offers two different lenses for thinking about the “affordability” of legal education. Part I discusses a historical perspective focused on aggregated data over time: average tuition in relation to average salaries of law school graduates. Part II discusses a present day perspective, estimating the percentage of Class of 2011 graduates for whom legal education might be considered affordable using a formula drawing on debt-to-income ratios associated with mortgages. Part III discusses the extent to which affordability may vary among public and private law schools, law schools in different states or regions, and for students with different LSAT and ...


The Job Gap, The Money Gap, And The Responsibility Of Legal Educators, Deborah Jones Merritt Jan 2013

The Job Gap, The Money Gap, And The Responsibility Of Legal Educators, Deborah Jones Merritt

Washington University Journal of Law & Policy

Today’s law school graduates face a grim prospect: more than half of them will not make a career practicing law. Some of those graduates will enjoy jobs in fields allied with law, but many will settle for work with little connection to the degree they earned. Many of the graduates who land lawyer jobs, meanwhile, will struggle with other limits: stagnant salaries, contingent work, and few promotions. Some number of graduates, the ones who win the legal employment lottery, will build satisfying, remunerative careers as lawyers; there is still good work to be done in law. But the percentage ...