Digital Commons Network^™

Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright

St. Thomas Law Review

The Interprofessional Center for Counseling and Legal Services (the "Center" or "Interprofessional Center") is a joint effort by the School of Law, the School of Social Work and the Graduate School of Professional Psychology at the University of St. Thomas' in Minneapolis, Minnesota. In the Center, law, social work and psychology students gain practice skills by working with clients under the supervision of experienced supervisors. The Center provides pro bono professional services to low-income, working poor and other underserved populations who would otherwise have no access to such assistance. The same can be said of many clinical programs. In addition, …

Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza

St. Thomas Law Review

In order to place this article in context, I will first describe Tennessee's practice rule for attorneys representing children as Guardians ad Litem. It is an example of the "Elephant," the many component parts of a child's life that the child's lawyer is required to bring together to represent the child holistically. In Part II, I will describe and apply three developing jurisprudential movements that embrace the techniques I utilize: interdisciplinary practice, creative problem-solving and Therapeutic Jurisprudence. In Part III, I will provide an overview of ecomaps and genograms as they are commonly used in the social sciences. In Part …

Validation Through Other Means: How Immigration Clinics Can Give Immigrants A Voice When Bureaucracy Has Left Them Speechless, Evelyn H. Cruz

St. Thomas Law Review

To better frame this discussion, I will first describe the immigration process and its anti-therapeutic effects on immigrants in some detail. I will then proceed to discuss the use of community presentations and contextual representation practices to preserve a client's voice and validation in the immigration process. Throughout this article, and more specifically in my conclusion, I will examine how students who understand the need to address "psycho-legal soft spots" naturally gravitate to client-centered representation, thereby becoming empathetic and competent practitioners.

The Spider, The Bee, The Snail And The Camel: Legal Knowledge, Practise, Culture, Institutions And Power In A Changing World, Harry W. Arthurs

Comparative Research in Law & Political Economy

This keynote address, delivered on the occasion of the 5th Canadian Graduate Law Students Conference, held in Toronto on May 6.7, 2005, addresses the challenges for legal theory, legal practice and education in a globalized environment. Legal education is described as deeply embedded in the changing political economy of legal scholarship and legal practice. With increased subjection of law schools to allegedly clearly definable market demands, strong winds blow through the law schools in North-America and elsewhere. From the LL.B./J.D. program through graduate studies, curricular reform becomes enmeshed in larger considerations of greater inter-school competition and greater compatibility to the …

Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens

Faculty Scholarship

Personal satisfaction and fine lawyering go hand in hand. Legal education and the legal system, however, do damage to that coupling. The author suggests that lawyers and law students can thwart personal dysfunction and professional dissatisfaction if we allow ourselves to express joy and sadness. To avoid being depleted by grief and rage, which cannot nourish satisfying law work over time, the article suggests that we attend to connections with others (all others). Lawyers who connect with their own communities may have more tools for crafting solutions for clients whose problems often implicate community. As teachers, the best way to …

Heart And Soul: A New Rhythm For Clinical Externships, Leslie Larkin Cooney

St. Thomas Law Review

The message of Therapeutic Jurisprudence is simple - focus on emotional life and psychological well-being and practice law as a healing profession - but the application of Therapeutic Jurisprudence to clinical teaching can have far ranging results. "Lawyers trained to be professionals have not been trained in how to respond to the anxiety, hurt feelings, and other emotions ... ," Law students arriving today in our clinical education settings require extra attention to the development of interpersonal skills for a variety of reasons. This article explores the concepts and development of Therapeutic Jurisprudence and outlines the benefits derived from incorporating …

Therapeutic Jurisprudence And Preventative Law In The Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic, Cindy E. Faulkner

St. Thomas Law Review

Gertrude Smith phones the SixtyPlus, Inc., Elderlaw Clinic ("Clinic") to schedule an appointment. She informs the receptionist that she wants to come to the Clinic so she can "get a trust." Ms. Smith is scheduled for an intake appointment to meet with two student legal interns ("interns"). Ms. Smith arrives for her appointment, is introduced to the interns, and agrees to be interviewed. The senior intern (a student in her second term at the Clinic) begins the interview by asking Ms. Smith what brought her to the Clinic. Ms. Smith reiterates that she "wants a trust because it is the …

Democracy And Social Justice: Founding Centers For Social Justice In Law Schools, Stephanie M. Wildman

Faculty Publications

Protecting democracy by combating inequality is the task of social justice lawyers. The practice of democracy mandates inclusion of the diverse populations of this nation into the social order. Social justice lawyers seek to give material meaning to democratic ideals in the daily lives of individuals and communities that are marginalized, subordinated, and underrepresented. Currently, not enough lawyers serve the disenfranchised and not enough lawyers emerge from disenfranchised communities. Hence, the disenfranchised continue to be denied access to legal resources, to the detriment of democracy.

Legal educators must begin to think about how to institutionalize consciousness about social justice as …

Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Controversy surrounding scholastic rankings arises, in part, because of complexities associated with measuring academic contributions. Legal researchers use various methodologies to assess scholarly production and impact but all suffer from inherent limitations and none provides data useful to scholarly self-reflection. The 10-year old Legal Scholarship Network (LSN) offers potential to improve considerably on both scores of public and personal assessment. This Essay critically evaluates approaches to conceptualizing scholarly profit margins, explores how LSN can enhance these conceptions, and opens new frontiers for this innovative Web-based repository of legal writing.

Law Student Field Projects In Community Law, Fran Ansley

Scholarly Works

An online teaching and learning portfolio.

An Alaskan Law School: Is It Feasible?, Mary Killorin

ISER Reports

Responding to a request from the University of Alaska Anchorage (UAA) alumni, the UAA provost asked the Institute of Social and Economic Research (ISER) to investigate the need for a law school in Alaska. Alaska is the only state that does not have a law school. The question of whether to establish a law school in Alaska has been discussed for more than thirty years. In 1974, the University of Alaska, in conjunction with the Alaska Legislative Council, commissioned a feasibility study for an Alaska law school.In May 1975, John Havelock, then director of Legal Studies at the University of …

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Articles

No abstract provided.

Promoting Social And Economic Justice Through Interdisciplinary Work In Transactional Law, Susan R. Jones

GW Law Faculty Publications & Other Works

Drawing upon the author's experience with a law school Small Business Clinic, this article claims that business law transactional practice is inherently interdisciplinary, involving collaboration from various disciplines, including law, business, accounting, finance, engineering, computer science, and the social sciences. The author explores the need for legal assistance for entrepreneurs and other small businesses, especially for women and minority business owners, and discusses the recent rise in small business clinics and community economic development (CED) clinical programs, which the author attributes to a trend away from government entitlements and toward personal responsibility and economic self-sufficiency, the failure of the litigation …

The Process For Becoming A Law School Professor In The United States, Daniel H. Foote

Articles

As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …

Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

UF Law Faculty Publications

This Article presents more evidence of the inequality that persists in legal education for students. Based on a survey of University of Florida law students conducted in 2001, this study reaffirms the existence of differential experience and an inegalitarian culture in legal education. However, it also demonstrates the importance of diversity and the recognition by a significant majority of students of the value of race and gender pluralism. These competing findings provide a clear guide to the future direction of legal education.

Filling In The ‘Larger Puzzle’: Clinical Scholarship In The Wake Of The Lawyering Process, Susan L. Kay, Frank Bloch, Susan L. Brooks, Alex J. Hurder

Vanderbilt Law School Faculty Publications

Gary Bellow's and Bea Moulton's The Lawyering Process challenged conventional legal education on every front, from the types of material included to the questions asked about law and lawyers. Their book has inspired a generation (or more) of clinicians to teach and think about law differently. In this article, the authors focus on the impact Bellow's and Moulton's book has had as a teaching text and as early clinical scholarship. The authors discuss four topics addressed in The Lawyering Process--the public role of lawyers, ethics and professionalism, theory of lawyering, and the clinical methodology-and how those topics are addressed in …

I Didn't Take The Road Less Traveled, And What A Long, Strange Trip It's Been, Brian A. Glassman

Law Faculty Articles and Essays

The author describes his career path and the ways he has sought to combine his interests in law and art. The article concludes with ten survival tips to help others on their career journeys.

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.

Teaching Through Tragedy: The Aftermath Of September 11 - A Community Service Response, Matthew Wilkes

Case Western Reserve Journal of International Law

No abstract provided.

When The Towers Collapse Outside Your Window: Teaching Law In The Aftermath Of 9-11, Tanina Rostain

Case Western Reserve Journal of International Law

No abstract provided.

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …

Is "Thinking Like A Lawyer" Really What We Want To Teach?, Nancy B. Rapoport

Scholarly Works

This article argues that the phrase thinking like a lawyer assumes that other professions don't have their own ways of approaching problems and that law schools only need to teach how lawyers think, rather than how lawyers do what they do. It suggests that law schools should do much more than just teach law students how to think.

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Public Law and Legal Theory Papers

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …

Diversity In Law Schools: Where Are We Headed In The Twenty-First Century, Jon L. Mills

UF Law Faculty Publications

While we had historically recruited a large number of minority candidates to campus, because of the departures of our minority faculty, we needed to evaluate both our ability to recruit and our ability to retain minority faculty. Discriminatory hiring based on race is forbidden by law. The University of Florida is an equal opportunity employer. As a practical and legal matter, and in contrast to our current student admissions policy, we can consider race in employment decisions only to remedy past discrimination and only if narrowly tailored to serve a compelling state interest. First, it is important to understand the …

Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant

Faculty Articles and Other Publications

The university law school is a relatively recent innovation, not just in Nevada but throughout much of the United States as well. In this inaugural issue of the Nevada Law Journal, which marks the establishment in 1998 of the Boyd School of Law, the first state-supported and the only existing law school in Nevada, it is fitting that we examine the methods of legal education and entry to the practice of law that preceded the rise of legal education within the university.

Until the latter part of the nineteenth century, the apprenticeship system constituted the dominant mode of preparation for …

Comments Of A Commissioner, Peter D. Ehrenhaft

Vanderbilt Journal of Transnational Law

These comments are solely the views of Peter D. Ehrenhaft, one of the twelve members of the ABA Commission on Multijurisdictional Practice. They are not the official views of the Commission and, indeed, may be modified by the presenter based on the further information the Commission is now gathering from interested parties. These comments are intended to stimulate thought and discussion of the issues and to encourage all sectors of the profession to submit their views to the Commission. The final deadline for the submission of written materials for the Commission's consideration in the preparation of its Initial Draft Report …

Fear And Loathing Of Politics In The Legal Academy, William H. Simon

Faculty Scholarship

In a recent lament about Bush v. Gore, Bruce Ackerman feared that the patent groundlessness of the opinion would convince many of a proposition he attributed to critical legal studies: that law is simply a form of politics.

This remark reflects two tendencies prominent at the Yale Law School in recent years: first, a preoccupation with a now extinct and never very successful movement of left legal academics, and second, a tendency to conflate this movement with the legal conservatism of Jusice Scalia and his collaborators at the University of Chicago and the Rehnquist Court.

These tendencies ride high …

The Brave New World Of Multidisciplinary Practice, John B. Attanasio

Journal of Legal Education

No abstract provided.

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Scholarly Articles in Law Reviews & 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.

Competition, Cooperation Or Cartel: A National Law School Accreditation Process For Canada?, Alvin Esau

Dalhousie Law Journal

Law schools in Canada are engaged in increased competition with one another and significant disparities in resources and reputations have developed. The author argues that this competitive context may be a threat to the maintenance in some schools of the broader mission of the law school to teach and produce contextual and critical perspectives on law. It is suggested that Canadian law schools should cooperate with each other and that various initiatives could be taken which would help all schools. Beyond cooperation on specific projects, the authorraises the question of whetherlawschools should set up theirown national accreditation scheme. He suggests …