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Indiana Law Journal

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Full-Text Articles in Legal Education

Harry Pratter’S Wisdom, Jonathan Pratter Jan 2016

Harry Pratter’S Wisdom, Jonathan Pratter

Indiana Law Journal

From 1950 to 1994 Harry Pratter taught law at Indiana University- Bloomington. One of his favorite sayings (he had many of these) was Maitland’s “[T]aught law is tough law,” a phrase that a forty-four year teaching career entitles you to utter with some frequency. In response to Sartre’s notorious challenge, “Do you have anything to say?” Pratter could certainly answer yes. He took Sartre literally. Pratter preferred to speak—that is to teach, and not to write. The source of Pratter’s strong preference for speech over writing must remain a mystery. The consequence is that a ...


Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy Jan 2016

Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy

Indiana Law Journal

This Article offers an alternative to the much-discussed U.S. News & World Report rankings. Where U.S. News rankings are affected by a wide variety of factors —some of which are criticized as irrelevant to what prospective students care about or should care about—this Article looks to three variables: the median LSAT score of entering students, which seeks to capture the quality of the student body; the percentage of the graduating students who are employed at nine months following graduation at full-time, permanent, JD-required jobs (a separate analysis excludes school-funded positions and solo practitioners from this variable); and the number of citations to each school’s main law review, which seeks to capture a school’s recent reputation. It rank-orders each of those variables, averages those ranks to obtain a new ranking, and then compares those new rankings to those of the 147 schools analyzed in U.S. News & World Report in March 2014. It ...


Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda Oct 2014

Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda

Indiana Law Journal

Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.


Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson Jul 2014

Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson

Indiana Law Journal

Although much attention has been paid to U.S. News & World Report’s rankings of U.S. law schools, the hierarchy it describes is a long-standing one rather than a recent innovation. In this Article, we show the presence of a consistent hierarchy of U.S. law schools from the 1930s to the present, provide a categorization of law schools for use in research on trends in legal education, and examine the impact of U.S. News’s introduction of a national, ordinal ranking on this established hierarchy. The Article examines the impact of such hierarchies for a range of decision making in law school contexts, including the role of hierarchies in promotion, tenure, publication, and admissions; for employers in hiring; and for prospective law students in choosing a law school. This Article concludes with suggestions for ways the legal academy can move beyond existing hierarchies, while still addressing issues of pressing concern in the legal education sector. Finally, the Article provides a categorization of law schools across time that can serve as a basis for future empirical work on trends in legal education and scholarship.


Clark Kerr And Me: The Future Of The Public Law School, Rachel Morán Jul 2013

Clark Kerr And Me: The Future Of The Public Law School, Rachel Morán

Indiana Law Journal

Jerome Hall Lecture, delivered on March 21, 2012, Indiana University Maurer School of Law, Bloomington, Indiana


Redeeming A Lost Generation: "The Year Of Law School Litigation" And The Future Of The Law School Transparency Movement, Andrew S. Murphy Apr 2013

Redeeming A Lost Generation: "The Year Of Law School Litigation" And The Future Of The Law School Transparency Movement, Andrew S. Murphy

Indiana Law Journal

No abstract provided.


A Tribute To Patrick Baude, Randall T. Shepard, Lauren K. Robel, Daniel O. Conkle, Laura J. Cooper, Roger B. Dworkin, Jeffrey E. Stake Oct 2011

A Tribute To Patrick Baude, Randall T. Shepard, Lauren K. Robel, Daniel O. Conkle, Laura J. Cooper, Roger B. Dworkin, Jeffrey E. Stake

Indiana Law Journal

The Board of Editors dedicates Volume 86 of the Indiana Law Journal to the memory of Patrick Baude, who taught at the School of Law from August 1968 until his death in January 2011, and who served for many years as the faculty advisor for the Indiana Law Journal. As evidenced below, Professor Baude’s influence spread far beyond the bounds of his classroom walls, and his presence in the Law School’s community will be sorely missed.


Frames Of Injustice: The Bias We Overlook, Adam Benforado Oct 2010

Frames Of Injustice: The Bias We Overlook, Adam Benforado

Indiana Law Journal

The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to engage one another in a substantial way. This Article attempts to bridge that gap by demonstrating how the approach taken by PLMS scholars can crucially enrich CCP scholarship. As a demonstration, this Article engages the case of Scott v. Harris, 550 US. 372 (2007), the ...


From Grimm To Glory: Simulated Oral Argument As A Component Of Legal Education's Signature Pedagogy, Lisa T. Mcelroy Apr 2009

From Grimm To Glory: Simulated Oral Argument As A Component Of Legal Education's Signature Pedagogy, Lisa T. Mcelroy

Indiana Law Journal

The past two years have been a period of landmark transformation in legal education. With the issuance of the Carnegie and Best Practices for Legal Education Reports, law schools and law professors have revisited the essential process of analyzing and transforming legal pedagogy. This widespread reexamination of the law school curriculum has yielded two important changes in legal education; first, law schools-including those in the top tier-have begun radically to amend their curricular goals and structures; and, second, legal scholars have begun to turn their attention to the theory and implementation of better legal education. As Carnegie and Best Practices ...


An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson Oct 2008

An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot Oct 2008

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson Jul 2008

Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson

Indiana Law Journal

The U.S. News & World Report annual rankings play a key role in ordering the market for legal education, and, by extension, the market for entry level lawyers. This Article explores the impact and evolution of placement and post-graduation data, which are important input variables that comprise twenty percent of the total rankings methodology. In general, we observe clear evidence that law schools are seeking to maximize each placement and post-graduation input variable. During the 1997 to, 2006 time period, law schools in all four tiers posted large average gains in employment rates upon graduation and nine months, which appear ...


The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass Jan 2008

The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass

Indiana Law Journal

No abstract provided.


"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley Oct 2006

"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley

Indiana Law Journal

No abstract provided.


Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier Apr 2006

Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier

Indiana Law Journal

No abstract provided.


Harnessing The Positive Power Of Rankings: A Response To Posner And Sunstein, Russell Korobkin Jan 2006

Harnessing The Positive Power Of Rankings: A Response To Posner And Sunstein, Russell Korobkin

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George Jan 2006

An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Student Quality As Measured By Lsat Scores: Migration Patterns In The U.S. News Rankings Era, William D. Henderson, Andrew P. Morris Jan 2006

Student Quality As Measured By Lsat Scores: Migration Patterns In The U.S. News Rankings Era, William D. Henderson, Andrew P. Morris

Indiana Law Journal

This study examines the change in entering-class median LSAT score, a key input into the U.S. News & World Report ("U.S. News') rankings, between 1993 and 2004. Using multivariate regression analysis, the authors model several factors that can influence the direction and magnitude of this change. The study presents six specific findings: (1) the market for high Law School Admission Test (LSAT) scores is divided into two segments that operate under different rules; (2) initial starting position is a strong predictor of the future gain or loss in LSAT scores; (3) the allure of the high end corporate law firms appears to cause a significant portion of students to discount the importance of rankings in favor of locational advantages related to the regional job market; (4) students will pay a tuition premium to attend elite law schools but, when deciding among non-elite schools, are willing to forgo a higher-ranked school for lower tuition; (5) there ...


Strength In Numbers? The Advantages Of Multiple Rankings, Michael Sauder, Wendy Nelson Espeland Jan 2006

Strength In Numbers? The Advantages Of Multiple Rankings, Michael Sauder, Wendy Nelson Espeland

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Assessing The Ssrn-Based Law School Rankings, Theodore Eisenberg Jan 2006

Assessing The Ssrn-Based Law School Rankings, Theodore Eisenberg

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Scholarly Profit Margins: Reflections On The Web, Lawrence A. Cunningham Jan 2006

Scholarly Profit Margins: Reflections On The Web, Lawrence A. Cunningham

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


How To Rank Law Schools, Brian Leiter Jan 2006

How To Rank Law Schools, Brian Leiter

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Ranking Law Schools: Using Ssrn To Measure Scholarly Performance, Bernard S. Black, Paul L. Caron Jan 2006

Ranking Law Schools: Using Ssrn To Measure Scholarly Performance, Bernard S. Black, Paul L. Caron

Indiana Law Journal

There are several methods for ranking the scholarly performance of law faculties, including reputation surveys (U.S. News, Leiter); publication counts (Lindgren and Seltzer, Leiter); and citation counts (Eisenberg and Wells, Leiter). Each offers a useful but partial picture offaculty performance. We explore here whether the new "beta" SSRN-based measures (number of downloads and number ofposted papers) can offer a different, also useful, albeit also partial, picture. Our modest claim is that SSRNbased measures can address some of the deficiencies in these other measures and thus play a valuable role in the rankings tapestry. For example, SSRN offers real-time data ...


The Rat Race As An Information-Forcing Device, Scott Baker, Stephen J. Choi, Mitu Gulati Jan 2006

The Rat Race As An Information-Forcing Device, Scott Baker, Stephen J. Choi, Mitu Gulati

Indiana Law Journal

In many job settings, there will be some promotion criteria that are less amenable to measurement than others. Often, what is difficult to measure is more important. For example, possessing "good judgment" under pressure may be a better predictor of success as a law firm partner than the ability to bill a vast amount of hours. The first puzzle that this essay explores is why, in some promotion settings, organizations appear to focus on less important, but measurable, criteria such as hours billed The answer lies in the relationship between the objectively measurable criteria, on the one hand, and the ...


The Interplay Between Law School Rankings, Reputations, And Resource Allocation: Ways Rankings Mislead, Jeffrey Evans Stake Jan 2006

The Interplay Between Law School Rankings, Reputations, And Resource Allocation: Ways Rankings Mislead, Jeffrey Evans Stake

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Status Seeking And The Allure And Limits Of Law School Rankings, Michael E. Solimine Jan 2006

Status Seeking And The Allure And Limits Of Law School Rankings, Michael E. Solimine

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Segmented Rankings For Segmented Markets, Rafael Gely Jan 2006

Segmented Rankings For Segmented Markets, Rafael Gely

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Eating Our Cake And Having It, Too: Why Real Change Is So Difficult In Law Schools, Nancy B. Rapoport Jan 2006

Eating Our Cake And Having It, Too: Why Real Change Is So Difficult In Law Schools, Nancy B. Rapoport

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


The Destruction Of The Holistic Approach To Admissions: The Pernicious Effects Of Ranking, Alex M. Johnson Jr. Jan 2006

The Destruction Of The Holistic Approach To Admissions: The Pernicious Effects Of Ranking, Alex M. Johnson Jr.

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


How The Blogs Saved Law School: Why A Diversity Of Voices Will Undermine The U.S. News & World Report Rankings, Sam Kamin Jan 2006

How The Blogs Saved Law School: Why A Diversity Of Voices Will Undermine The U.S. News & World Report Rankings, Sam Kamin

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.