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Articles 1 - 24 of 24
Full-Text Articles in Legal Profession
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
Teaching Case Theory, Binny Miller
Teaching Case Theory, Binny Miller
Articles in Law Reviews & Other Academic Journals
As the key means of framing a case, case theory is the central problem that lawyers confront in constructing a case, and many of the decisions made during the life of a case are decisions that rest on case theory. Building on the author's earlier scholarship on case theory, this essay articulates a concept of case theory called "storyline," and sets out a framework for teaching this concept. The framework for this process has three basic stages - imagining case theory, evaluating (and constructing) case theory, and choosing case theory. The material for this process is stories, which are the …
Reflections On Law Student Mental Health By A Dean Of Students After 25 Years, David Jaffe
Reflections On Law Student Mental Health By A Dean Of Students After 25 Years, David Jaffe
Articles in Law Reviews & Other Academic Journals
Your faculty need to be educated about how to refer students, how to speak with students who pop into their office. Your Dean, writ-large nationally, Deans need to have the willingness, and again, the bravado, the willingness to go to the faculty and say, "You need to be part of this movement." Whatever that may mean. I would love to see every faculty member taking 30 seconds at the beginning of every class for students to breathe. Thirty seconds of breathing. If you've never done it, do it at home today, deep breaths, and see what it feels like. I …
"It's Okay To Not Be Okay": The 2021 Survey Of Law Student Well-Being, David Jaffe, Katherine M. Bender, Jerome Organ
"It's Okay To Not Be Okay": The 2021 Survey Of Law Student Well-Being, David Jaffe, Katherine M. Bender, Jerome Organ
Articles in Law Reviews & Other Academic Journals
The Survey of Law Student Well-Being, implemented in Spring 2014 [hereinafter "2014 SLSWB"], was the first multi-law school study in over twenty years to assess alcohol and drug use among law students, and it was the first multi-law school study ever to address prescription drug use, mental health, and help-seeking attitudes. The article summarizing the results of the 2014 SLSWB has been downloaded over 12,000 times.
With a desire to learn what has changed since 2014 given the increased emphasis on law student and lawyer well-being among law schools and legal professionals, the authors sought and received grant funding from …
Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams
Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.
This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …
From The Editors, Ezra Rosser, Robert Dinerstein
From The Editors, Ezra Rosser, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
Although this issue arrives on desks roughly two years after the start of the coronavirus pandemic, it offers a degree of continuity with our usual fare concerning scholarship about legal education. Our next double-length issue will explore in depth matters of teaching modality, technology, and change connected with the ongoing pandemic. This issue offers fresh perspectives on matters of long-standing concern-line drawing, pro bono requirements, pedagogy, law student instruction of high school students, and bar exams. We found the articles, as well as the three book reviews that fill out this issue, to be engaging and insightful and we hope …
The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle
The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …
How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff
How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Addressing The Lack Of Diversity In The Legal Profession, At The Undergraduate Level, Michael W. Carroll, Troy Romero
Addressing The Lack Of Diversity In The Legal Profession, At The Undergraduate Level, Michael W. Carroll, Troy Romero
Articles in Law Reviews & Other Academic Journals
The study and practice of law is among the most respected and well-regarded pursuits; unfortunately, it is also among the least diverse. The persistent and alarming lack of diversity is prevalent in the industry regardless of the culture. In the United States and in Europe, statistics show that lawyers are overwhelmingly comprised by white males, especially in the higher ranks of the profession. Several factors contribute to this lack of diversity, including access to legal professionals and costs associated with pursuing a legal degree. Several strategies have been initiated to increase diversity in the field, including increasing awareness of the …
Experiential Learning And Assessment In The Era Of Donald Trump, Jamie Abrams
Experiential Learning And Assessment In The Era Of Donald Trump, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and list-serv activity to prepare to implement these standards effectively. Missing from the dialogue about effective implementation of standards has been thoughtful consideration of how implementing these requirements will intersect with the challenges, realities, opportunities, and complexities of political divisiveness and polarization so prevalent in society and university campuses today.
Law schools are notably implementing these pedagogical …
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
Articles in Law Reviews & Other Academic Journals
Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …
Is Courtesy No Longer Contagious, David Spratt
Is Courtesy No Longer Contagious, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reframing The Socratic Method, Jamie Abrams
Reframing The Socratic Method, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
While innovations in law teaching are everywhere, these innovations are being constructed upon and limited by the ancient architecture of the case-based Socratic method, which still endures and persists throughout first-year and upper-level courses. This article highlights how the Socratic method limits the depth and breadth of innovations in law teaching and can be reframed to better catalyze other teaching innovations, create more practice-ready lawyers, and cultivate more inclusive and inviting law classrooms. Within the existing framework of law teaching – the same casebooks, class sizes, and teaching style – the case-based Socratic method can be reframed in three straight-forward …
What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle
Articles in Law Reviews & Other Academic Journals
Discusses legal employment and salary and how legal education can address the current market.
A Synergistic Pedagogical Approach To First-Year Teaching, Jamie Abrams
A Synergistic Pedagogical Approach To First-Year Teaching, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
The First “Colonial Frontier” Legal Writing Conference, held at Duquesne University School of Law, focused on Engendering Hope in the Legal Writing Classroom: Pedagogy, Curriculum, and Attitude. This conference built on the foundational work of Allison Martin and Kevin Rand in which these scholars call for educators to engender hope in law students to prepare them for practice. Martin and Rand conclude that hope is a predictor of students’ academic performance and psychological health during the first semester of law school and recommend that law professors “maintain and creat[e] hope in law students” by embracing five core principles. Martin and …
Raising The Bar: Us Legal Education In An International Setting, Claudio Grossman
Raising The Bar: Us Legal Education In An International Setting, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey
Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Articles in Law Reviews & Other Academic Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Clinical Scholarship And The Justice Mission, Robert Dinerstein
Clinical Scholarship And The Justice Mission, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.