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2013

Legal Education

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Full-Text Articles in Legal Profession

The Future Of Legal Education Reform, James E. Moliterno Oct 2013

The Future Of Legal Education Reform, James E. Moliterno

James E. Moliterno

As a historical matter, the legal profession obstinately resists change. Its ponderous, backward-looking and self-preservationist characteristics are embodied in the ABA's Ethics 20/20 Commission, which endeavors to protect, preserve, and maintain. But the profession suffers from such thinking. It must look forward; grow more attuned to outside events and trends; and become a player in how change is assimilated into established ways, and how established ways are replaced by more effective ones. Law schools require reform. The academic focus bears little relation to the reality of practice. Graduates must better able to contribute to clients of law firms ...


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money ...


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money ...


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money ...


Dean's Desk: Third Year Offers Students Opportunity To Define, Hone Skills, Hannah L. Buxbaum Oct 2013

Dean's Desk: Third Year Offers Students Opportunity To Define, Hone Skills, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor Sep 2013

Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor

Michael A. Zuckerman

No abstract provided.


Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione Aug 2013

Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione

Kristen Konrad Robbins-Tiscione

The attached article argues that the best way to solve the current crisis in legal education is for law schools to commit to teaching writing by creating a six-semester writing requirement. In a 2011 article published in the Journal of Legal Education, John Lynch urged legal writing faculty to return to an outmoded and ineffective writing pedagogy, the “product approach,” on the grounds that it would make teaching legal writing easier. This article demonstrates that what Lynch calls legal writing’s hobble has become legal education’s problem. By failing to commit to teaching writing, law students are graduating without ...


Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan Aug 2013

Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan

Nantiya Ruan

Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important ...


Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt Jul 2013

Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Chinese Women In Legal Education, Xiaonan Liu Jul 2013

Chinese Women In Legal Education, Xiaonan Liu

Indiana Journal of Global Legal Studies

This paper examines the history and development of women entering legal education in China. Based on a survey, interviews, and archival research, this paper attempts to analyze Chinese women's current status in legal education and reaches the conclusion that although women have made significant gains in legal education, they are still facing gender discrimination and bias in the legal sector. The paper also looks into the reasons why women have in the past belonged to "the other" in the legal area, and whether there is any conflict between legal characteristics" and "feminine characteristics." It attempts to break the constraint ...


Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner May 2013

Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner

Michelle M. Harner

The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.


Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance May 2013

Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance

Ruth C. Vance

No abstract provided.


A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh Mar 2013

A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh

George Critchlow

This a readable article about the need for legal education reform in Jordan. It grew out of the experiences, discussions, and shared interests of the co-authors – a Jordanian female law professor and an American male law professor who have worked with the American Bar Association Rule of Law Initiative (ABA ROLI) and Jordanian law faculties to develop strategies for strengthening legal education in Jordan. The article is unusual in that it is presented as a dialogue in order to identify and reflect the authors’ different professional and cultural perspectives. The text is supported by citation to authority in conventional footnotes ...


Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande Feb 2013

Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande

John Lande

The legal education system is in a major crisis now, in part because law schools do not prepare students adequately to practice law. Law schools should do a better job of teaching negotiation, in particular, because it is a significant part of the work of virtually every practicing lawyer. This includes lawyers who handle civil and criminal matters and lawyers who do litigation as well as those who do transactional work. Negotiation is especially important because most litigated cases are settled and virtually all unstandardized transactions are negotiated. Most law school negotiation courses rely primarily or exclusively on simulations in ...


Justice For All, Patricia Kay Oliver Feb 2013

Justice For All, Patricia Kay Oliver

Pepperdine Law Review

Fourteen years into her career at a top U.S. law firm, no one would have imagined that Patricia K. Oliver would walk away from her private practice to return to the world of her poverty-filled childhood in Compton. But in 2011, she left her practice to serve as the President and Executive Director of Christian Legal Aid of Los Angeles (CLA-LA). This is the story of her journey, which she was honored to share at the Pepperdine Law Review's The Lawyer of the Future symposium.


A Blueprint For Change, William D. Henderson Feb 2013

A Blueprint For Change, William D. Henderson

Pepperdine Law Review

This Article discusses the financial viability of law schools in the face of massive structural changes now occurring within the legal industry. It then offers a blueprint for change - a realistic way for law schools to retool themselves in an attempt to provide our students with high quality professional employment in a rapidly changing world. Because no institution can instantaneously reinvent itself, a key element of Professor Henderson's proposal is the 12% solution: approximately 12% of faculty members take the lead on building a competency-based curriculum that is designed to accelerate the development of valuable skills and behaviors prized ...


The Future Of Legal Education Reform, James E. Moliterno Feb 2013

The Future Of Legal Education Reform, James E. Moliterno

Pepperdine Law Review

As a historical matter, the legal profession obstinately resists change. Its ponderous, backward-looking and self-preservationist characteristics are embodied in the ABA's Ethics 20/20 Commission, which endeavors to protect, preserve, and maintain. But the profession suffers from such thinking. It must look forward; grow more attuned to outside events and trends; and become a player in how change is assimilated into established ways, and how established ways are replaced by more effective ones. Law schools require reform. The academic focus bears little relation to the reality of practice. Graduates must better able to contribute to clients of law firms ...


Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode Feb 2013

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as ...


How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers Feb 2013

How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers

Pepperdine Law Review

When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness ...


Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr. Feb 2013

Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.

Pepperdine Law Review

The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before ...


The Lawyer Of The Future, Deanell Reece Tacha Feb 2013

The Lawyer Of The Future, Deanell Reece Tacha

Pepperdine Law Review

This piece introduces the Pepperdine Law Review symposium issue for Volume 40, publishing articles derived from the April 20, 2012 The Lawyer of the Future: Exploring the Impact of Past and Present Lawyers and the Lessons They Provide for Future Generations symposium, which explored the role of the lawyer in American society-past, present, and future.


Reflections On Team Production In Professional Schools And The Workplace, Robert J. Rhee Feb 2013

Reflections On Team Production In Professional Schools And The Workplace, Robert J. Rhee

Robert Rhee

No abstract provided.


Judicial Training Programs In Bosnia And The Efficacy Of Rule Of Law Training, E. Joan Blum Feb 2013

Judicial Training Programs In Bosnia And The Efficacy Of Rule Of Law Training, E. Joan Blum

E. Joan Blum

Presentation on personal experience conducting judicial training programs in Bosnia, including observations and recommendations on the efficacy of rule of law training programs.


Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz Feb 2013

Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz

Nancy Schultz

To what degree does legal authority dictate the outcomes of negotiations? Scholars have discussed the issue, and law students argue about it in their negotiation classes. A survey of practicing lawyers reveals that knowing the law is an important part of the preparation for negotiation, but that legal authority is not the primary determinant of negotiated outcomes in practice. Financial constraints, bargaining power, and negotiating skill are all reported as having a greater effect on negotiated outcomes than the law.


The Future Of The American Law School Or, How The “Crits” Led Brian Tamanaha Astray And His Failing Law Schools Fails, Stephen Diamond Jan 2013

The Future Of The American Law School Or, How The “Crits” Led Brian Tamanaha Astray And His Failing Law Schools Fails, Stephen Diamond

Stephen F. Diamond

Debate over the impact of the economic crisis on the future of the American law school has reached an exceptional level of intensity. Brian Tamanaha’s short book, Failing Law Schools, serves as the manifesto for those who believe the law school must undergo radical restructuring and cost cutting. While there is room for disagreement with almost all aspects of the reform argument no critic of Tamanaha has attempted to place his critique in the context of his pre-existing scholarly work on the rule of law. This review essay argues that only an appreciation for the dual nature of the ...


Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay Jan 2013

Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay

Sharon Beckman

From the introduction:

Law schools have a clear mission, one would think. Even if the American Bar Association did not insist upon it, any given law school would acknowledge its commitment to “prepare its students for ad-mission to the bar, and effective and responsible participation in the legal profession.” In return for a substantial contribution of (usually borrowed) money, law schools promise to train students to practice law as competent, thoughtful, and faithful fiduciaries for their clients and to seek a just and fair system.

Though law schools’ collective mission is apparent, the question of how best to implement that ...


Exporting American Legal Education, James E. Moliterno Jan 2013

Exporting American Legal Education, James E. Moliterno

James E. Moliterno

No abstract provided.


Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno Jan 2013

Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno

James E. Moliterno

No abstract provided.


Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno Jan 2013

Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno

James E. Moliterno

No abstract provided.


The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno Jan 2013

The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno

James E. Moliterno

No abstract provided.