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Full-Text Articles in Law

‘Best Practices’: What’S The Point?, Ira P. Robbins Oct 2010

‘Best Practices’: What’S The Point?, Ira P. Robbins

Ira P. Robbins

In a separate article - Best Practices on “Best Practices”: Legal Education and Beyond - Professor Robbins formulated a paradigm for “best practices” and applied it to the book, Best Practices for Legal Education. Professor Robbins concluded that the book did not meet any of the criteria necessary to constitute best practices and, further, that using the concept of best practices when thinking and writing about legal education is misleading and inappropriate. The primary author of the book, Roy Stuckey, responded, claiming that “best” can mean something other than best, that the difference really doesn’t matter, and that the debate …


Best Practices On ‘Best Practices’: Legal Education And Beyond, Ira P. Robbins Oct 2010

Best Practices On ‘Best Practices’: Legal Education And Beyond, Ira P. Robbins

Ira P. Robbins

“Best practices” has become one of the most common research and development techniques in the United States and throughout the international community. Originally employed in industry, the concept sought to identify superior means to achieve a goal through “benchmarking,” thereby allowing companies to obtain a competitive advantage in the marketplace. In recent decades, the use of best practices has become widely popularized, and is frequently utilized in the areas of administrative regulation, corporate governance, and academia. As the term has grown in popularity, however, so too has room for its abuse. In many instances, the term has been invoked to …


‘Best Practices’: What’S The Point?, Ira P. Robbins Oct 2010

‘Best Practices’: What’S The Point?, Ira P. Robbins

Ira P. Robbins

In a separate article - Best Practices on “Best Practices”: Legal Education and Beyond - Professor Robbins formulated a paradigm for “best practices” and applied it to the book, Best Practices for Legal Education. Professor Robbins concluded that the book did not meet any of the criteria necessary to constitute best practices and, further, that using the concept of best practices when thinking and writing about legal education is misleading and inappropriate. The primary author of the book, Roy Stuckey, responded, claiming that “best” can mean something other than best, that the difference really doesn’t matter, and that the debate …


Creac Scramble: An Active Self-Assessment Exercise, Meredith Aden Oct 2010

Creac Scramble: An Active Self-Assessment Exercise, Meredith Aden

Popular Media

No abstract provided.


Towards A New World Of Externships: Introduction To Papers From Externships 4 And 5, Alex Scherr, Harriet N. Katz Oct 2010

Towards A New World Of Externships: Introduction To Papers From Externships 4 And 5, Alex Scherr, Harriet N. Katz

Scholarly Works

The scholarly literature on externships is growing and deepening, addressing concerns of importance to field placement programs and to clinicians in general. This Introduction places the issues raised by the subsequent four articles on externships into the context of current national debates about the externship method. These issues, which both extend and diverge from current thinking about externship pedagogy, include: 1) the impact of a harsh economic climate; 2) the educational potential of placements in corporate counsel offices; 3) the argument for compensating students in for-credit placements; and 4) the value of course design for teaching power dynamics in supervisory …


Virginia Bar Exam, July 2010, Section 1 Jul 2010

Virginia Bar Exam, July 2010, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2010, Section 2 Jul 2010

Virginia Bar Exam, July 2010, Section 2

Virginia Bar Exam Archive

No abstract provided.


Attendee Discussion: How Should Legal Educators And Law Schools Respond To These Changes?, Michael Kelly, Robert Rhee, Gillian Hadfield, Jeanne Charn, William Henderson, Clark Cunningham Jul 2010

Attendee Discussion: How Should Legal Educators And Law Schools Respond To These Changes?, Michael Kelly, Robert Rhee, Gillian Hadfield, Jeanne Charn, William Henderson, Clark Cunningham

Robert Rhee

Michael Kelly. "The Gaping Hole in American Legal Education." Major changes that have occurred in law during the last three decades (such as intense competition and phenomenal increases in compensation in the private sector, and consolidation in law practices of all kinds) have been driven by tightly managed and strongly focused practice organizations. But understanding how organizations function is not part of law school curricula or pedagogy or the agenda of those who would reform legal education. Equipping law students for a career in law in the 21st Century now requires understanding organizations, whether lawyers represent them, oppose them or …


Desegregating Legal Education, Peggy Cooper Davis Jun 2010

Desegregating Legal Education, Peggy Cooper Davis

Georgia State University Law Review

This is a transcription of the 44th Henry J. Miller Distinguished Lecture given by Professor Peggy Cooper Davis of New York University School of Law.


Teaching Employment Discrimination, Angela Onwuachi-Willig Apr 2010

Teaching Employment Discrimination, Angela Onwuachi-Willig

Faculty Scholarship

In this Essay, I explore and discuss various methods for effectively teaching civil rights to this "post-racial" generation. Specifically, I examine the following four classroom challenges: (1) this generation's general lack of understanding about the historical context in which many civil rights laws-for purposes of this Essay, Title VII-arose; (2) the general lack of real-life work experience among many law students; (3) a growing decline in the racial and ethnic diversity of law school classes; and (4) the increasing complexities of discrimination in the workplace, including forms of discrimination such as proxy discrimination and demands for covering. 11 I analyze …


The Why Of It: Langdell's Generation Speaks To Today's Law Sudents, David S. Dehorse Mar 2010

The Why Of It: Langdell's Generation Speaks To Today's Law Sudents, David S. Dehorse

David S. DeHorse

I belive this portrayal of the Case System of Legal Study will be invaluable to every student entering law school, and most of those who have completed their 1L year. Frankly, most practicing lawyers would probably benefit by a reading. I've been told it's a "good read." Hope you'll agree.


Virginia Bar Exam, February 2010, Section 2 Feb 2010

Virginia Bar Exam, February 2010, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2010, Section 1 Feb 2010

Virginia Bar Exam, February 2010, Section 1

Virginia Bar Exam Archive

No abstract provided.


Teaching Evaluations By Faculty Colleagues, Aaron-Andrew P. Bruhl Feb 2010

Teaching Evaluations By Faculty Colleagues, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Japan’S Legal Education Reforms From An American Law Professor’S Perspective, Jeffrey Lubbers Jan 2010

Japan’S Legal Education Reforms From An American Law Professor’S Perspective, Jeffrey Lubbers

Reports

This paper describes and analyzes Japan’s reform of legal education. This reform that began in 2004—a new system of legal education, coupled with changes in the national bar examination and in the national legal training institute for successful exam-takers—was part of a wideranging national law reform movement in Japan. As a result, 74 universities across Japan established graduate-level “law schools,” most of which were added to pre-existing undergraduate law departments. The new law schools provide a degree equivalent to an American Juris Doctor (JD) degree. These law degrees became the main prerequisite for taking the national bar exam. The pass …


Jefferson's Vision Fulfilled: The Nation's Oldest Law School Celebrates 230 Years Of Educating Citizen Lawyers, Davison M. Douglas Jan 2010

Jefferson's Vision Fulfilled: The Nation's Oldest Law School Celebrates 230 Years Of Educating Citizen Lawyers, Davison M. Douglas

Popular Media

No abstract provided.


Studying And Teaching "Law As Rhetoric": A Place To Stand, Linda L. Berger Jan 2010

Studying And Teaching "Law As Rhetoric": A Place To Stand, Linda L. Berger

Linda L. Berger

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom …


Levinas, Law Schools And The Poor: They Stand Over Us, Marie A. Failinger Jan 2010

Levinas, Law Schools And The Poor: They Stand Over Us, Marie A. Failinger

Marie A. Failinger

The philosopher Emmanuel Levinas has written about the ethics of the Face and our responsibility to the Other who is standing over us, demanding that we respond to his need and his welcome. This essay, which is written in Levinasan style, challenges the complacency of most American law schools in response to the plight of the poor. It proposes ways in which the law school curriculum, space and programs can be re-configured to bring the poor into community with legal educators and students.


The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean R. Sternlight Jan 2010

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean R. Sternlight

John Lande

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes. Recognizing these substantial barriers, it proposes a modest and feasible menu of reforms that interested faculty and law schools can achieve without investing substantial additional resources. The proposals are not intended as a comprehensive package to be implemented on an all-or-nothing basis but as a set of options to be selected by individual faculty …


The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli Jan 2010

The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli

Carlo A. Pedrioli

To date, little scholarship, if any, has addressed the autobiographies of law students, which have appeared in law review articles and books since at least the late 1970s. This shortcoming of law and literature scholarship in the nonfiction genre of autobiography is problematic. In the interest of understanding diverse perspectives in the legal community, legal scholars with autobiographical interests ought to give attention to the autobiographies of different individuals in this community, including the law students who will be the future members of the profession. Also, this shortcoming leaves a gap in the narrative discourse of the law since lawyers …


Opposition To Clinics Tests Attorney-Client Privilege; Students Working On Pro Bono Cases Leave Schools Vulnerable To Confidentiality Challenges, Patrick C. Brayer Jan 2010

Opposition To Clinics Tests Attorney-Client Privilege; Students Working On Pro Bono Cases Leave Schools Vulnerable To Confidentiality Challenges, Patrick C. Brayer

Faculty Works

This National Law Journal article draws attention to past attempts by government and private parties to pierce the protections of the attorney client relationship, specifically confidentiality, when it comes to the representation of clients by law school clinics. Several law school clinics and innocence projects have defended themselves against actions by prosecuting attorney offices and opposing parties who have attempted to obtain information that is traditionally protected by state and federal confidentiality rules. Law school clinics, public interest organizations, innocence projects, government agencies and Public Defender organizations can better protect themselves from future attempts by opposing parties to invade the …


Learning By Doing: An Experience With Outcomes Assessment, Mary Crossley, Lu-In Wang Jan 2010

Learning By Doing: An Experience With Outcomes Assessment, Mary Crossley, Lu-In Wang

Articles

An emphasis on assessment and outcomes measures is a drum beat that is growing louder in American legal education. Prompted initially by the demands of regional university accreditation bodies, the attention paid to outcomes assessment is now growing with the forecast that the ABA will revise its accreditation standards to incorporate outcomes measures. For the past three years, the University of Pittsburgh School of Law has been developing a system for assessing the learning outcomes of its students. By describing our experience here at Pitt Law, with both its high and low points, we hope to suggest some helpful pointers …


The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman Jan 2010

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Grooming Good Legal Writers Through Tailored, Constructive Feedback, David Spratt Jan 2010

Grooming Good Legal Writers Through Tailored, Constructive Feedback, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Dean's Perspective On Ed Baker, Michael A. Fitts Jan 2010

A Dean's Perspective On Ed Baker, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Report And Recommendations On The Status Of Clinical Faculty In The Legal Academy, Katherine R. Kruse Jan 2010

Report And Recommendations On The Status Of Clinical Faculty In The Legal Academy, Katherine R. Kruse

Scholarly Works

"Report and Recommendations on the Status of Clinical Faculty in the Legal Academy" identifies and evaluates the most appropriate modes for clinical faculty appointments in the legal academy, concluding that legal education is best served when full-time clinical faculty are appointed predominantly on a unitary tenure-track model. Drawing on data collected through a survey of clinical program directors and faculty, the Report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of clinical legal education in the last 30 …


Thinking/Practicing Clinical Legal Education From Within The Palestinian-Israeli Conflict: Lessons From The Al-Quds Human Rights Clinic, David F. Chavkin Jan 2010

Thinking/Practicing Clinical Legal Education From Within The Palestinian-Israeli Conflict: Lessons From The Al-Quds Human Rights Clinic, David F. Chavkin

Human Rights Brief

No abstract provided.


A Time-Honored Model For The Profession And The Academy, Michael A. Fitts Jan 2010

A Time-Honored Model For The Profession And The Academy, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel Jan 2010

The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel

Faculty Scholarship

This article explores the current organization of the South African bar and describes the legal education system and the licensing requirements for both attorneys and advocates, as well as those for foreign attorneys. Interspersed throughout the article are discussions of the system’s strengths and weaknesses, particularly in light of the transformation required after the end of apartheid, including some of the key challenges still facing South Africa.


Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom, Adrienne D. Davis, Robert S. Chang Jan 2010

Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom, Adrienne D. Davis, Robert S. Chang

Scholarship@WashULaw

This exchange of letters picks up where Professors Adrienne Davis and Robert Chang left off in an earlier exchange that examined who speaks, who is allowed to speak, and what is remembered. Here, Professors Davis and Chang explore the dynamics of race, gender, and sexual orientation in the law school classroom. They compare the experiences of African American women and Asian American men in trying to perform as law professors, considering how makeup and other gender tools simultaneously assist and hinder such performances. Their exchange examines the possibility of bias that complicates the use of student evaluations in assessing teaching …