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Full-Text Articles in Legal Education

Teaching Teachers About Teaching Students, David M. Becker Jan 2010

Teaching Teachers About Teaching Students, David M. Becker

Washington University Law Review

Teachers are accustomed to teaching students, but experienced teachers must also teach teachers. In some instances, law professors are asked to visit and evaluate the classes of non-tenured colleagues. Often evaluations include advice that is intended to improve the subject’s teaching, and this advice may be the most important component of the total process. More often, perhaps, law professors are asked to mentor young colleagues by the school’s dean or directly by the young colleague herself. Inevitably, such mentoring involves guidance respecting the production of scholarship, but it almost always includes instruction about teaching. What is it that ...


Blogs And The Legal Academy, Orin S. Kerr Jan 2006

Blogs And The Legal Academy, Orin S. Kerr

Washington University Law Review

This paper's focus is on today’s technology and ask whether blogs as we know them today are conducive to advancing scholarship. This paper's conclusion is that relative to other forms of communication, blogs do not provide a particularly good platform for advancing serious legal scholarship. The blog format focuses reader attention on recent thoughts rather than deep ones. The tyranny of reverse chronological order limits the scholarly usefulness of blogs by leading the reader to the latest instead of the best.

This doesn’t mean that blogs can’t advance scholarship. The impact of any blog depends ...


The Plural Of Anecdote Is “Blog”, A. Michael Froomkin Jan 2006

The Plural Of Anecdote Is “Blog”, A. Michael Froomkin

Washington University Law Review

Evaluating the limitations and benefits of blogging as a form of legal scholarship, this paper ultimately asks the question -- what are blogs good for? This paper puts forth the argument that law blogs are a great tool for the sharing, organization, and development of ideas. At the same time, the limitations of blogging when dealing with complex, lengthy material are recognized.


Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett Jan 2006

Caveat Blogger: Blogging And The Flight From Scholarship, Randy E. Barnett

Washington University Law Review

While some law blogging is serious scholarship—and more could be serious scholarship than is now—almost all blogging, including most law blogging, is not serious scholarship and does not purport to be. Asserting that blogging is generally not a form of scholarship is no more an aspersion on blogging than is affirming that arguing in the Supreme Court is not scholarship. If undertaken by scholars, both activities can contribute constructively to one’s scholarship, and one might be a better advocate or blogger if one can draw upon one’s scholarly expertise. But it would be a mistake to ...


A Case Study In Bloggership, D. Gordon Smith Jan 2006

A Case Study In Bloggership, D. Gordon Smith

Washington University Law Review

This paper makes the case that generally, bloggership should be treated as a form of service for administrative purposes. On the other hand, in close cases of tenure and promotion, a record of high-quality bloggership could weigh in a candidate’s favor on scholarship. This paper seeks to advance the process of legitimizing blogging as a useful scholarly endeavor—not as a substitute for long-form legal scholarship, but as a meaningful appendage.


Why A Narrowly Defined Legal Scholarship Blog Is Not What I Want: An Argument In Pseudo-Blog Form, Ann Althouse Jan 2006

Why A Narrowly Defined Legal Scholarship Blog Is Not What I Want: An Argument In Pseudo-Blog Form, Ann Althouse

Washington University Law Review

Written in the form of a blog, this paper highlights the creative and communicative benefits of blogging, in particular legal blogging. This comment argues that aside from being intrinsically rewarding, blogging offers a concise scholarly model addressing a wider-ranger of topics. In this way, the paper claims that blogging has the potential for self-discovery and innovation in a way that legal scholarship might not.


The Public Face Of Scholarship, Larry E. Ribstein Jan 2006

The Public Face Of Scholarship, Larry E. Ribstein

Washington University Law Review

This essay focuses on the relationship between academic weblogs, or blogs, and journalism. I see academic blogs as a form of what I called in a separate paper “amateur journalism.” This comment focuses on the type of writing that is both most distinctive to scholars and connects most closely with professional journalism—that is, scholars’ use of blogs to engage with the public. Part I reviews the distinction between amateur and professional journalism and describes types of academic blogs. Part II focuses on “publicly engaged academic posts,” or PEAPs, and discusses the changes these blogs may bring to professional journalism.


The Battle Over The Soul Of Law Professor Blogs, Howard J. Bashman Jan 2006

The Battle Over The Soul Of Law Professor Blogs, Howard J. Bashman

Washington University Law Review

Unbeknownst to most of us outside the legal academy, there apparently is some disagreement over whether blogs that law professors operate should be regarded as legitimate scholarship and public service, or should be dismissed as a frivolous waste of time that detracts from the more traditional scholarly pursuits of writing massive law review articles and pontificating to the mainstream media on legal issues of public interest. As so often is the case, the answer to this conundrum is “It depends.” A law professor’s blog post or series of blog posts certainly can constitute scholarship or public service. But, merely ...


Blogging While Untenured And Other Extreme Sports, Christine Hurt, Tung Yin Jan 2006

Blogging While Untenured And Other Extreme Sports, Christine Hurt, Tung Yin

Washington University Law Review

According to Dan Solove’s March 2006 Law Professor Blogger Census (Version 4.3), roughly twenty-one percent of law professor bloggers in tenure-eligible positions are untenured, or as the authors here prefer, “pretenured.” The percentage of professors blogging who are pretenured, as opposed to tenured, is higher than the percentage of pretenured professors in the profession, so one might argue that the pretenured are overrepresented in the blogosphere. Pretenured academics may gravitate easily toward blogging for many reasons. Junior professors are likely to be younger and, as such, likely to be more familiar with and willing to embrace new technologies ...


Blogging At Blackprof, Paul Butler Jan 2006

Blogging At Blackprof, Paul Butler

Washington University Law Review

Commenting on the papers by Doug Berman Lawrence Solumn, this paper raises questions concerning the emergence of blogging and its relationship with legal scholarship. These insights suggest that blogging can reach a wider audience and introduce a new way of connecting to certain issues in a way that law reviews cannot reproduce.


Are Modern Bloggers Following In The Footsteps Of Publius? (And Other Musings On Blogging By Legal Scholars . . .), Gail Heriot Jan 2006

Are Modern Bloggers Following In The Footsteps Of Publius? (And Other Musings On Blogging By Legal Scholars . . .), Gail Heriot

Washington University Law Review

Is legal blogging an antidote to the hyper-scholasticism that sometimes characterizes the legal academy today? Or is it a self-indulgence for legal scholars? It's hard to know. On the one hand, there is a proud American tradition behind the publication of concise but erudite essays aimed at a broad audience concerning the important legal issues of the day, starting with the Federalist Papers. It's hard to believe that neglecting that tradition in favor of a cloistered academic existence in which legal scholars write only for each other could be a good thing. On the other hand, even the ...


Blogs And The Promotion And Tenure Letter, Ellen S. Podgor Jan 2006

Blogs And The Promotion And Tenure Letter, Ellen S. Podgor

Washington University Law Review

Writing promotion and tenure letters is an important service to the academy, albeit one that is seldom rewarded in comparison to the enormous time consumption involved. And although evaluations to date have all been premised on hard-text material, it is likely that soon the day will come that the packet of scholarship material arriving on one's doorstep will be a Website address that leads to a blog. In thinking about whether law blogs are legal scholarship, an important consideration in answering this question is how a blog should be evaluated for promotion and tenure purposes.


Is Blogging Scholarship? Why Do You Want To Know?, James Lindgren Jan 2006

Is Blogging Scholarship? Why Do You Want To Know?, James Lindgren

Washington University Law Review

No abstract provided.


Scholarship In Action: The Power, Possibilities, And Pitfalls For Law Professor Blogs, Douglas A. Berman Jan 2006

Scholarship In Action: The Power, Possibilities, And Pitfalls For Law Professor Blogs, Douglas A. Berman

Washington University Law Review

A general debate concerning whether law blogs can be legal scholarship makes little more sense than a general debate concerning whether law articles or law books can be legal scholarship. Blogs—like articles and books—are just a medium of communication. Like other media, blogs surely can be used to advance a scholarly mission or a range of other missions.

Looking through the debate over law blogs as legal scholarship, I see a set of bigger and more important (and perhaps scarier) questions about legal scholarship and the activities of law professors. First, the blog-as-scholarship debate raises fundamental questions about ...


Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, Paul L. Caron Jan 2006

Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, Paul L. Caron

Washington University Law Review

A perennial debate in higher education in general, and in legal education in particular, is whether a robust scholarly life helps or hurts a professor’s teaching performance. Taking inspiration from panelist Jim Lindgren’s work, Are Scholars Better Teachers?, which concludes that better scholars are perceived by students to be better teachers, Caron asks a panel, “Are Scholars Better Bloggers?” These comments explore both scholarship and blogging data to begin to answer that question.


Blog As A Bugged Water Cooler, Kate Litvak Jan 2006

Blog As A Bugged Water Cooler, Kate Litvak

Washington University Law Review

Legal academics like to think that everything they write is scholarly. There is no surer way to offend a colleague than to suggest that some of his public musings are—gasp!—not scholarship. These comments do not seek to debate whether someone’s remarks on the Enron trial, or “gotcha” comments on the quality of the New York Times reporting, or critique of a recent Michelle Malkin book, or teaching notes thinly disguised as encyclopedic entries qualify as “scholarship.” For the purpose of these remarks, “scholarship” is anything that satisfies your budget committee.

A safer (and more productive) inquiry is ...


Scholarship, Blogging, And Tradeoffs: On Discovering, Disseminating, And Doing, Eugene Volokh Jan 2006

Scholarship, Blogging, And Tradeoffs: On Discovering, Disseminating, And Doing, Eugene Volokh

Washington University Law Review

Now, more than ever before, we legal academics have to, at least in some measure, choose. Should we spend the bulk of our time discovering, with the reputational, professional, and emotional benefits that this produces? Or should we spend more of the time disseminating, mostly disseminating views that are our own but are based on others’ discoveries, with the very different reputational, professional, and emotional benefits that this produces?

Sure, it’s our choice, at least once we have tenure. But how should we exercise that choice? Yes, we’re probably better off both discovering and disseminating, if we’re ...


Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum Jan 2006

Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum

Washington University Law Review

Will blogging somehow transform legal scholarship? That is the wrong question. The thesis of this essay is that blogging is essentially epiphenomenal—an effect and not a cause. Blogging is merely a particular medium—a currently popular form of Web-based publishing. Nonetheless, the emergence of academic legal blogging is an important indicator of other trends—real causes that are driving significant transformative processes. These trends include the emergence of the short form, the obsolescence of exclusive rights, and the trend toward the disintermediation of legal scholarship. Those forces and their relationship to blogging will be the primary focus of this ...


Discrediting Accreditation?: Antitrust And Legal Education, Marina Lao Jan 2001

Discrediting Accreditation?: Antitrust And Legal Education, Marina Lao

Washington University Law Review

This Article addresses the major antitrust issues concerning ABA accreditation. The first issue pertains to the reach of the unsettled state action and petitioning immunity doctrines, and the First Amendment. The analysis of state action and petitioning immunity draws a distinction between restraint on competition flowing from decisions to grant or deny accreditation and their associated state use on the one hand, and restraints on competition emanating from the accreditation standards themselves on the other. This Article concludes that, though the decisions may be immunized, neither doctrine clearly exempts restraints resulting from the accreditation standards from antitrust liability. With respect ...


Legal History And Legal Scholarship, Stuart Banner Jan 1998

Legal History And Legal Scholarship, Stuart Banner

Washington University Law Review

I wish to suggest that the legal history written today is similar in one important respect to today's most highly esteemed forms of conventional legal scholarship, and that this similarity is paradoxically the reason for the familiar gulf between the two. By conventional legal scholarship, I mean work appearing in law reviews that falls comfortably within the disciplinary conventions of academic law, work that does not purport to straddle the boundary between law and some other academic discipline. As I will make clear below, much of this work is not conventional in any other sense. My comparison of this ...


My Two Cents On Changing Times, David M. Becker Jan 1998

My Two Cents On Changing Times, David M. Becker

Washington University Law Review

In this Article, I provide an overview of changes that have taken place at Washington University over the course of his 35 years of tenure, including changes in the curriculum, the makeup of the faculty and student bodies, and the law school building itself.


A Manual For Law Schools On Adjunct Faculty, Karen Tokarz Jan 1998

A Manual For Law Schools On Adjunct Faculty, Karen Tokarz

Washington University Law Review

In 1991, American Bar Association (ABA) President Sandy D'Alemberte created the ABA Coordinating Committee on Legal Education with the mandate to explore ways to expand the participation of practicing lawyers and judges in American legal education. The committee, composed of representatives from a substantial number of ABA sections and a roughly equivalent number of law school professors, focused on the role of part-time and adjunct faculty in American law schools, and published in 1993 the first edition of A Manual for Law Schools on Adjunct Faculty. The purpose of this Manual is to highlight steps that law schools might ...


Confessions Of A Hard-Hat Junkie: Reflections On The Construction Of Anheuser-Busch Hall, Michael M. Greenfield Jan 1998

Confessions Of A Hard-Hat Junkie: Reflections On The Construction Of Anheuser-Busch Hall, Michael M. Greenfield

Washington University Law Review

In this Article I will describe the process by which the Washington University School of Law has come now to occupy Anheuser-Busch Hall. By doing so, I hope to provide some insight and assistance to those at other schools who face similar projects.


Ten Myths About Law School Grading, Daniel L. Keating Jan 1998

Ten Myths About Law School Grading, Daniel L. Keating

Washington University Law Review

The myths that I describe below are held by students, faculty, employers, or some combination of the three. With each myth, I will endeavor to describe its content, its likely genesis, and then the countervailing truth about the same subject. I will begin with the myths that are primarily student-held and then proceed to describe faculty-held myths about law school grading.


“Instant Tradition”—A Challenge To Legal Education In The Twenty-First Century, Richard B. Kuhns Jan 1998

“Instant Tradition”—A Challenge To Legal Education In The Twenty-First Century, Richard B. Kuhns

Washington University Law Review

Anheuser-Busch Hall, the new home of Washington University School of Law, is a huge squarish structure that creates an imposing presence at the northwest corner of the hilltop campus. The facade of pink granite and limestone attempts to mimic the collegiate Gothic style of other campus buildings, and the interior with its abundance of dark wood doors, beams, tables, and carrels is suggestive of the Inns of Court. All in all, the building, at least upon first impression, seems to stand as a monument to the tradition and stability of the law. Indeed, a Washington University press release describes the ...


Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham Jan 1998

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Washington University Law Review

The following Article is a lightly edited transcript of remarks made on October 14, 1995 at the annual meeting of the Central States Law School Association at St. Louis University School of Law. A few hours before my presentation, I learned that Herbert Eastman, director of clinical education at St. Louis University, had died. Herb had been diagnosed with cancer a few months earlier; he was forty-four when he died. Although Herb was unfailingly genial and seemingly mild-mannered, he was, in fact, driven by a fierce passion for justice. Teacher, scholar, advocate-exemplary in each field as if he had but ...


"Forward" Jan 1998

"Forward"

Washington University Law Review

No abstract provided.


R. Dale Swihart: A Friend And Colleague, David H. Vernon Jan 1997

R. Dale Swihart: A Friend And Colleague, David H. Vernon

Washington University Law Review

No abstract provided.


A Tribute To Professor R. Dale Swihart, William H. Danforth Jan 1997

A Tribute To Professor R. Dale Swihart, William H. Danforth

Washington University Law Review

No abstract provided.


Grades, Peter K. Rofes Jan 1995

Grades, Peter K. Rofes

Washington University Law Review

Make no mistake about it: Grades are a big deal in law school. A very big deal. Viewed from the perspective of students, just about every aspect of the law school experience-from job prospects to whether vending machines in the student lounge return the appropriate change-is affected by grades. In this respect, the law school represents a genuine meritocracy. Top grades earn students positions on the law review, invitations from respected law firms to come aboard for the summer, and membership in the school's chapter of the prestigious Almost-Justice Douglas H. Ginsburg Pizza, Bridge & Controlled Substances Society, a legal ...