Legal Education Commons^™

Law Student Mediators Wear A Triple Crown: Skilled, Sellable, & Successful, Laurie A. Lewis

Scholarly Articles

This Article considers several trends that converge to make it a highly favorable time for law students to obtain mediation training and work as mediators prior to graduating. Part I summarizes a brief history of the modern ADR movement, and mediation's emergence as the ADR methodology of choice. Part II discusses the proliferation of live clinics in law schools, with a special emphasis upon mediation clinics and their role in teaching unique practice-ready skills. Part III focuses on the practicalities of community mediation training as well as state requirements for mediators. Finally, Part IV considers the tight legal job market …

Marketable And Mobile: Ube Recommended, Veryl Victoria Miles

Scholarly Articles

The first administration of the Uniform Bar Examination (UBE) occurred just five years ago in Missouri and North Dakota. At that time, the concept of a bar examination with a test score that was portable among participating jurisdictions was an exciting development for longtime proponents of a uniform bar exam. And while there were only two participating jurisdictions on board in 2011, NCBE was well on its way in making the case for the UBE as an attractive test alternative throughout the nation. Today there are 25 jurisdictions that have adopted the UBE, and by July 2018 all 25 jurisdictions …

Rick's Taxonomy, Mary Crossley

Articles

This Essay uses the influential educational work Bloom’s Taxonomy as a jumping-off point for exploring how Rick Matasar’s scholarship relating to leadership in and the goals of legal education provides a guide for identifying, prioritizing and pursuing the core values and objectives of the legal education enterprise in a time of profound change. This Essay briefly describes Bloom’s Taxonomy and its status in the educational literature. Then it highlights two ways that Matasar’s leadership scholarship displays kinship to Bloom’s Taxonomy. His approach to describing a problem, analyzing its nature, and synthesizing and evaluating possible responses to the problem is …

Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson

Osgoode Hall Law Journal

This Commentary reflects upon the challenges of teaching Administrative Law today. Drawing upon the author’s own career trajectory and his commitment to a critical account of law and adjudication, the article seeks to question the foundations of both administrative law and critical theory. It offers no comprehensive or cogent plan as to what to do, but insists upon the relevance and importance of combining both legal theory and legal doctrine in a convincing pedagogical approach.

Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce

Faculty Scholarship

In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or communitarianism, a relational perspective recognizes that all actors, whether individuals or organizations, have separate identities yet are intrinsically inter-connected and cannot maximize their own good in isolation. Through the lens of relational self-interest, maximizing the good of the individual or business requires consideration of the good of the …

Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

Faculty Scholarship

Clinical Legal Education (“CLE”) courses were first introduced in South Africa nearly fifty years ago. Since then, their role has changed from addressing legal problems perpetrated by an oppressive system, to strengthening South Africa’s transition to democracy. The end of apartheid has been accompanied by a transition of focus from private law to public law. South Africa currently has seventeen public universities, each of which has a law faculty and a legal clinic. Many clinical programs’ missions are primarily dedicated to community service and providing access to justice.

Although CLE programs have undertaken some human rights and law reform work, …

Encouraging This Particular Form Of (Very Fun) Madness – Roles For Deans And Faculty Members, Martin J. Katz, Phoenix X. F. Cai

Sturm College of Law: Faculty Scholarship

Our broader goal is to encourage experiential learning in the transactions curriculum. I know that all of you are here and do not need convincing. So my goal for this session is to try and provide some persuasive tools to help you convince people at your schools about both the value and the possibility of this type of teaching and learning.

Cases And Case-Lawyers, Richard A. Danner

Faculty Scholarship

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …

Law School Institutional Repositories: A Survey, Kincaid C. Brown

Law Librarian Scholarship

There has been a dramatic rise in the number of law libraries managing institutional repositories for their law schools. In 2011, there were some 30 law schools with such repositories; now, 80 of the top 100 law schools have their own or participate in a university-wide repository wherein the law school has an identifiable, school-specific collection or community. This article discusses a survey of the of the top 101 law schools, in hopes of facilitating an understanding of the breadth of material to be found in law school institutional repositories.

In Memory Of Joe E. Anderson (1928–2016), Professor Of Law, St. Mary's University School Of Law, Michael S. Ariens

St. Mary's Law Journal

Tribute to Joe E. Anderson (1928–2016), Professor of Law, St. Mary's University School of Law.

Teaching About Economic Efficiency In Law And Economics Courses: Clarifying The Conceptual Problems, Empirical Difficulties, And Normative Biases Of The Efficiency Criterion, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Law and Economics courses taught in law schools are sometimes criticized for inadequately explaining the normative criterion of “economic efficiency” and then applying this criterion throughout the course in a superficial and biased manner that pejoratively labels most governmental market interventions and wealth redistribution measures as inefficient. These criticisms have merit, and in this brief article I point out a significant number of conceptual problems, empirical difficulties and normative shortcomings of the efficiency criterion that one needs to understand in order to be able to effectively counter policy arguments that rest upon efficiency assessments.

The specific shortcomings of the efficiency …

Taste This!: Experiencing Transactional Lawyering In First-Year Contracts, Dana M. Malkus

All Faculty Scholarship

In a prior submission to The Law Teacher (“Reflection, Reality, and a Real Audience: Ideas from the Clinic"), I argued that the clinical education model provides some simple lessons that should inform all law teaching. One idea I advocated was that law teachers bring reality into the classroom whenever possible. Among other ideas, I suggested law teachers run in-class simulations based on "real world" transactions..

Over the past few years, I have had the opportunity to experiment more with this suggestion myself. At my institution, I teach a clinic course (which includes supervising students) and a transactional drafting course. I …

Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise

Articles

No abstract provided.

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.

Creating Space For Silence In Law School Collaborations, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Law school programs are increasingly expanding collaborative experiences for their students. In many clinical programs, collaboration -- through team pairings and group work – has been the norm, and gradually, collaborative work is being developed throughout the doctrinal law school curriculum. This trend fits within a broader societal emphasis on a collaborative model of working and learning. In both professional and educational settings, collaboration is viewed as critical to the success of ideas and products. Learning theory consistently identifies learning as being “inherently social” and best retained when engaged in with others. And, collaboration can substantially benefit the final work …

The Contested Value Of Normative Legal Scholarship, Robin West

Georgetown Law Faculty Publications and Other Works

Legal scholarship, under attack from critics both inside and outside the legal academy, is on the horns of a “normativity” dilemma. To some critics, legal scholarship isn’t scholarship, because it’s too normative; while to others, it may be scholarship, but it’s not legal because it’s not normative enough.

In this article, I address one side of this issue, what I call the anti-normativity complaint: to wit, that legal scholarship is somehow not “true scholarship” because so much of it is overtly normative. Legal scholarship, according to this strand of criticism, isn’t true scholarship because of the dominance of “ought” …

When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky

Articles

It is axiomatic in legal research pedagogy that law schools should teach students how to conduct cost-effective legal research. To do that, we need to teach students to consider the amount of time and money their research requires, how paid legal research platforms like Westlaw and Lexis charge for their services, and how to research in an efficient and cost-sensitive way. But we shouldn’t do those things. Or at least, we shouldn’t do them at first. Instead, we should tell students not to worry about the costs of legal research during their first year of law school—with the possible exception …

Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager

Faculty Scholarship

Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …