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2013

Legal education

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Full-Text Articles in Legal Profession

Book Review: The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea J. Boyack Jul 2013

Book Review: The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea J. Boyack

Andrea J Boyack

This review situates Gulati & Scott’s findings with respect to sovereign debt instruments and the contracting process in the context of a legal profession on the brink of change. Gulati and Scott’s book addresses the inexplicable failure of lawyers to respond to a sovereign debt litigation outcome by clarifying a boilerplate provision after an adverse judicial interpretation. Their fascinating study of boilerplate in sophisticated transactional legal practice is timely and compelling both in terms of the specific story it tells, namely the persistence of the pari passu clause in sovereign debt instruments, as well as its broader implications: Structural ...


The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner Jun 2013

The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner

Touro Law Review

No abstract provided.


Cat, Cause, And Kant, Richard Peltz-Steele Jun 2013

Cat, Cause, And Kant, Richard Peltz-Steele

Richard J. Peltz-Steele

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.


Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele Jun 2013

Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele

Richard J. Peltz-Steele

A simple change in state law could improve the quality of legal education in Arkansas and the quality of legal services available to our consumers - and save significant amounts of taxpayers' money. With an Afterword on academic freedom. Also available from Advance Arkansas Institute website.


If Only We Knew What We Know, Conrad Johnson, Brian Donnelly Jun 2013

If Only We Knew What We Know, Conrad Johnson, Brian Donnelly

Chicago-Kent Law Review

This article contributes to the broader themes surrounding law and technology raised in this symposium by taking a look at lawyering and knowledge management. This topic is presented both as a theory and with a case study. The first part provides a brief summary of the basic lawyering paradigm used in the Lawyering in the Digital Age Clinic at Columbia Law School—that all lawyering activities can be understood within the context of gathering, managing and presenting information. The second category of the paradigm is expanded upon to review the activity of managing knowledge. Then, knowledge management is positioned as ...


Thinking Like A Lawyer, Designing Like An Architect: Preparing Students For The 21st Century Practice, Tanina Rostain, Roger Skalbeck, Kevin G. Mulcahy Jun 2013

Thinking Like A Lawyer, Designing Like An Architect: Preparing Students For The 21st Century Practice, Tanina Rostain, Roger Skalbeck, Kevin G. Mulcahy

Chicago-Kent Law Review

Various law schools—Chicago-Kent Law School, New York Law School, Vermont Law School, and Georgetown Law Center among them—are beginning to offer innovative classes in which students learn to build legal expert systems intended to enhance access to the legal system. Working in platforms that do not require technical expertise, students are able to build apps that incorporate rules-based logic, factor balancing, and mathematical operations to implement the reasoning of a regulatory regime. In this essay, we suggest that teaching students to design apps furthers pedagogic goals associated with the traditional law school curriculum and clinical teaching. In designing ...


The Teaching Of Law Practice Management And Technology In Law Schools: A New Paradigm, Richard S. Granat, Stephanie Kimbro Jun 2013

The Teaching Of Law Practice Management And Technology In Law Schools: A New Paradigm, Richard S. Granat, Stephanie Kimbro

Chicago-Kent Law Review

The teaching of law practice management in law schools is becoming more critical for our profession. Employment with a traditional law firm used to provide the training and mentorship necessary to practice law. As a result of fewer employment prospects with traditional law firms, law students are now faced with the prospect of entering into law practice without this critical training and knowledge base soon after they become members of the bar.

Additionally, the Internet and information technology is transforming the practice of law and, as a result, the management of law firms is also being transformed. Lawyers must understand ...


Developing An E-Curriculum: Reflections On The Future Of Legal Education And On The Importance Of Digital Expertise, Oliver Goodenough Jun 2013

Developing An E-Curriculum: Reflections On The Future Of Legal Education And On The Importance Of Digital Expertise, Oliver Goodenough

Chicago-Kent Law Review

Legal education is in the midst of significant change, where much of how and what we have taught is under scrutiny. As we reform our curriculums in this moment of change, we should be guided by considerations of value added, values added, economic sustainability. It is no longer enough for our programs to target bar passage, doctrinal coverage, a shared language of argument, and skills and perspectives, important as these may be. Practice in the foreseeable future requires us to add new knowledge and competencies. Law and technology is an area that is ripe for expansion, with the possibility of ...


Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A.J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd Jun 2013

Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A.J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd

Chicago-Kent Law Review

This article explores what it would mean for law schools to be “knowledge centers” in the digital age, and to have this as a central mission. It describes the activities of legal knowledge centers as: (1) focusing on solving real legal problems in society outside of the academy; (2) evaluating the problem-solving effectiveness of the legal knowledge being developed; (3) re-conceptualizing the structures used to represent legal knowledge, the processes through which legal knowledge is created, and the methods used to apply that knowledge; and (4) disseminating legal knowledge in ways that assist its implementation. The Article uses as extended ...


Access To Justice And Technology Clinics: A 4% Solution, Ronald W. Staudt, Andrew P. Medeiros Jun 2013

Access To Justice And Technology Clinics: A 4% Solution, Ronald W. Staudt, Andrew P. Medeiros

Chicago-Kent Law Review

This article argues that law schools should add Access to Justice and Technology Clinics: a new type of clinical course that teaches law students how to use and deploy technology to assist law practice. If widely adopted, these clinics will help law students learn core competencies needed in an increasingly technological profession while simultaneously building tools and content to help low income, self-represented litigants overcome serious barriers in their pursuit of justice. In our prototype course at Chicago-Kent, Justice and Technology Practicum, students use A2J Author to build A2J Guided Interviews and in the process students learn legal research, writing ...


Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar, Kevin D. Ashley Jun 2013

Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar, Kevin D. Ashley

Chicago-Kent Law Review

This article provides a guide and examples for using a seminar on Artificial Intelligence (AI) and Law to teach lessons about legal reasoning and about legal practice in the digital age. Artificial Intelligence and Law is a subfield of AI/ computer science research that focuses on computationally modeling legal reasoning. In at least a few law schools, the AI and Law seminar has regularly taught students fundamental issues about law and legal reasoning by focusing them on the problems these issues pose for scientists attempting to computationally model legal reasoning. AI and Law researchers have designed programs to reason with ...


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 ...


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 ...


In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno Jan 2013

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

James E. Moliterno

No abstract provided.


The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson Jan 2013

The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson

Lyman P. Q. Johnson

Most statements of corporate social responsibility focus on the responsibilities of corporate decision makers or their advisors Professor Johnson argues that corporate law professors-the persons who educate the students who will become lawyers counseling corporate decision makers-also have a social responsibility. He believes that professors should find various ways to raise the subject of corporate social responsibility in the basic corporations course, and he advocates rejecting a classroom approach that addresses only shareholder-manager relations After describing several possible ways to do this, Professor Johnson spotlights fiduciary laws as a fruitful area to enrich student understandings of director duties in a ...


Cat, Cause, And Kant, Richard J. Peltz-Steele Jan 2013

Cat, Cause, And Kant, Richard J. Peltz-Steele

Faculty Publications

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.


Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli Jan 2013

Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli

Faculty Scholarship

This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the ...


Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande Jan 2013

Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande

Faculty Publications

This article synthesizes major points in the October 2012 symposium of the University of Missouri School of Law Center for the Study of Dispute Resolution, entitled "Overcoming Barriers in Preparing Law Students for Real-World Practice." There is a growing consensus that American law schools need to do a better job of preparing students to practice law. Teaching students to think like a lawyer is still necessary but it is not sufficient for students to act like a lawyer soon after they graduate.


Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty Jan 2013

Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty

Book Gallery

Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in ...


Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos Jan 2013

Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos

Journal Publications

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace. This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires-a paradigm shift in the methodology of implementing legal education. The Article begins by reporting on the state of the law school process and how it has evolved from an apprenticeship, replete with on-the-job training, to an intellectual exercise that is somewhat removed from the requirements for becoming competent legal professionals ...


Roger Williams University School Of Law 20th Anniversary Celebration Announcements, Roger Williams University School Of Law Jan 2013

Roger Williams University School Of Law 20th Anniversary Celebration Announcements, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett Jan 2013

Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett

Faculty Scholarship

The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose challenges, and political attacks have answered clinicians' efforts to live up to these aspirations. An error underlies such attacks, however: holding lawyers responsible for their clients' legal positions despite the profession's duty to ensure that such positions get a fair hearing.


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 ...


Financial Retrenchment And Institutional Entrenchment: Will Legal Education Respond, Explode, Or Just Wait It Out? A Clinician's View, Ian Weinstein Jan 2013

Financial Retrenchment And Institutional Entrenchment: Will Legal Education Respond, Explode, Or Just Wait It Out? A Clinician's View, Ian Weinstein

Washington University Journal of Law & Policy

Both markets and ideas have turned against the American legal profession. Legal hiring has contracted, and law school enrollments are decreasing. The business models of big law and legal education are under pressure, current levels of student indebtedness seem unsustainable, and a hero has yet to emerge from our fragmented regulatory structures. In the realm of ideas, the information revolution has sparked deep critiques of structured knowledge and expertise, opening the roles of the law and the university in society to reexamination. We are less enamored of the scholar-lawyer and gaze with longing at technocrats.

Thank you for this chance ...


Professionalism And The New Normal, Philip J. Weiser Jan 2013

Professionalism And The New Normal, Philip J. Weiser

Articles

No abstract provided.


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 ...


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 ...


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 ...


Educating For The Future: Teaching Evidence In The Technological Age, Denise Huiwen Wong Jan 2013

Educating For The Future: Teaching Evidence In The Technological Age, Denise Huiwen Wong

Research Collection School Of Law

The advent of the technological age has had significant effect on litigation practice, none more so than in the area of evidence gathering and presentation in court. A significant proportion of evidence that is gathered for both criminal and civil matters is now electronic in nature, and this necessitates a change in the way that lawyers think and advise on evidential issues. It is argued here that rather than simply focusing on principles relating to the admissibility of evidence in court, the traditional course on evidence law should be modified to equip students with an intellectual framework that conceives of ...