Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 30
Full-Text Articles in Law
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Moot Court In Global Language Of Trade, Mark R. Shulman
Moot Court In Global Language Of Trade, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Exile Or Opportunity? The Benefits Of Mastering U.S. Law, Mark R. Shulman
Exile Or Opportunity? The Benefits Of Mastering U.S. Law, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross
Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This article details an interdisciplinary collaboration between the Securities Arbitration Clinic at Pace Law School (“SAC”) and the graduate program at Pace University's Lubin School of Business, designed and initiated by the authors. The purpose of the collaboration is to provide a co-curricular learning experience to both J.D. and graduate business students1 while enhancing the pro bono legal services delivered by SAC to its clients. Part I of this article details the history of SAC before the authors initiated the collaboration, and the reasons SAC needed financial expertise. Part II of this article describes models of interdisciplinary collaboration, particularly between …
Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman
Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
In this article, I will discuss both how today's law students learn through technology, and also theories of personality types and learning styles. I will first review the few existing empirical studies on the subject. Next, I will discuss course Web sites and how they can support, not replace, what happens in the traditional law school classroom. Then, I will discuss how my law school implemented TWEN course Web pages, and discuss the results of a survey of TWEN usage by faculty members at Pace University School of Law. The survey indicates that although TWEN course Web sites have improved …
Surya Prakash Sinha-In Memory Of Our Colleague, Teacher And Friend, Ralph Michael Stein
Surya Prakash Sinha-In Memory Of Our Colleague, Teacher And Friend, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
Retired Professor of Law Surya Prakash Sinha died in late July 2005 after a long struggle against cancer. Joining our faculty in 1979 and teaching until 1996, he was a powerful intellectual eminence at our school and a major, highly regarded scholar in the world of Public International Law.
Tenure: Endangered Or Evolutionary Species, James J. Fishman
Tenure: Endangered Or Evolutionary Species, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This article will review some of the challenges to the system of academic tenure: the efforts to reform, curtail, or eliminate it. It will discuss exogenous factors undermining the institution and then suggest some areas where tenure should evolve, particularly focusing upon academic tenure in legal education. The author argues that the hierarchical structure of traditionally tenured faculty and other faculty, clinicians, and legal writing professors, employed on short or long-term contracts, has undermined academic freedom and tenure.
A Distance Education Primer: Lessons From My Life As A Dot.Edu Entrepreneur, Linda C. Fentiman
A Distance Education Primer: Lessons From My Life As A Dot.Edu Entrepreneur, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
Through my experience in developing Pace's innovative distance education program, I have learned some critical lessons about the potential and perils of providing legal education via the Internet. In the belief that my experiences are generic, not dependent on a particular law school's context, I offer these observations to assist others who seek to launch distance education initiatives in the not-for-profit sector. The following is an account of my life as an educational entrepreneur.
A Response To Thomas Steele, Gary A. Munneke
A Response To Thomas Steele, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The problem with adjunct professors teaching a course in law practice management is that they really are not in a position to think and write about the big issues, the way that full-time faculty members are; they generally have full-time responsibilities in a law firm. The law practice management field loses something valuable when so many of its teachers are part time. Although these professors bring practical experience to the classroom, they do not contribute in a larger way to the law school curriculum as a whole, or to the literature of the legal profession.
Opening Remarks, Gary A. Munneke
Opening Remarks, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Interestingly, there is hardly any scholarship, and very little discussion, about the MacCrate Report outside of the clinical and skills programs in the traditional segments of legal education. I am not a clinician, although in the past I have taught courses in interviewing and counseling, and negotiations. I teach Law Practice Management and Professional Responsibility, which address professional skills and values; but I teach Torts as well, and my Torts colleagues, like teachers in other traditional subjects, really do not focus on these issues very much. So, one of the things I wanted to do with this symposium was to …
Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford
Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Using the University of Pennsylvania's Law Department and, to some extent, the figure of Carrie Burnham Kilgore as lenses, this article examines a thirty year period of major changes in legal education. In Part I, Prof. Crawford describes the historical roots of the school and its halting establishment in light of the predominant role individual lawyers played in training students through law office clerkships. Part II details several related changes in the legal profession in the 1870s: the law office declined in prominence; bar associations became more active; and law schools developed rigorous requirements. In particular, Prof. Crawford describes the …
Legal Skills For A Transforming Profession, Gary A. Munneke
Legal Skills For A Transforming Profession, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The legal profession is undergoing dramatic changes that will drive a reformation in legal education. Legal educators must anticipate these changes to effectively prepare students for the practice of law in the twenty-first century. In order to be proficient practitioners, these students will require an expanded set of professional skills. Although the current legal skills paradigm was articulated by the American Bar Association MacCrate Task Force in 1991, it is time to reexamine legal skills with an eye toward preparing students to practice law in the new millennium. In Section II, this article examines trends in modern society and the …
Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg
Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
The first section of this article presents a brief history and description of a professionalism movement that continues to urge law schools to do more to solve the “professionalism problem.” The second discusses legal education's failure to bring professionalism into the law school curriculum. The third describes the structure and teaching method of The Practice—a different kind of course about professionalism—while the fourth discusses the professionalism content of the course. I conclude with a plea for law faculty to direct their considerable talents toward collecting stories and data about the profession and creating material to facilitate law school courses that …
Memorial: Nicholas Triffin (1942-2000), Marie Stefanini Newman
Memorial: Nicholas Triffin (1942-2000), Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
Professor Nicholas Triffin, Director of the Pace University School of Law Library from 1984 until 1998, died on April 8, 2000, after a long and valiant battle against amyotrophic lateral sclerosis (Lou Gehrig's disease). During the eight years Nick fought this cruel disease, his body became increasingly frail, but his will to survive, his dedication to his students, and his love of the study of the law were undiminished. Nick continued to fulfill his personal and professional obligations with grace and dignity, and taught his last class just a few days before his death. It never occurred to him to …
Tenure And Its Discontents: The Worst Form Of Employment Relationship Save All Of The Others, James J. Fishman
Tenure And Its Discontents: The Worst Form Of Employment Relationship Save All Of The Others, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This article attempts to defend academic tenure and offer some recommendations to make it more effective. There is nothing unique in this effort. What might be new to the discussion is the belief that the catalyst to making tenure more flexible and effective lies not with the professorate relinquishing some of its rights, but with university administrators creating an environment of expectations and incentives for tenured faculty, developing the fortitude and procedures to make tenure work as it should, and encouraging faculty to exercise the responsibilities that accompany their status.
Evaluation Criteria And Quality Control For Legal Knowledge Systems On The Internet: A Case Study, Marie Stefanini Newman
Evaluation Criteria And Quality Control For Legal Knowledge Systems On The Internet: A Case Study, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
Professor Newman discusses evaluation criteria for law-oriented Internet sites and how to use these criteria when launching new sites or improving existing sites. She also discusses the use of quality control procedures to ensure accuracy and reliability in Internet sites, and concludes with a case study of the Pace University School of Law's Web site on the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Teaching Upperclass Writing: Everything You Always Wanted To Know But Were Afraid To Ask, Lissa Griffin
Teaching Upperclass Writing: Everything You Always Wanted To Know But Were Afraid To Ask, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
A survey conducted as part of this project reveals that law schools generally require their students to have an upperclass writing experience taught or supervised by non-writing tenured or tenure-track faculty. These teachers currently bear the responsibility for assigning, supervising, reviewing, and evaluating most of the writing by upperclass students, either through substantive seminars or independent study projects. In almost all schools there is no major curricular planning, systematic instruction, faculty training, or institutional support for upperclass writing.
Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell
Playing Beyond The Rules: A Realist And Rhetoric-Based Approach To Researching The Law And Solving Legal Problems, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
The proposed realist and rhetorical approach to legal research applies to every conceivable legal problem and provides the student a conceptual foundation not only for solving any legal dispute, but for successfully completing any transactions with which he or she will be confronted. Part I of this article will demonstrate why law students should learn to research the relevant audiences in the legal drama and to research the unpublished and often unwritten rules and practices that these audiences follow. Part II will show how. Part III will present a comprehensive legal problem solving model that integrates these new dimensions of …
Tribute To Barbara Salken, Bennett L. Gershman
Tribute To Barbara Salken, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
A Tribute To Hervey M. Johnson, James J. Fishman
A Tribute To Hervey M. Johnson, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
After A Decade: "Theory As Practice" At The Center For Environmental Legal Studies, Nicholas A. Robinson
After A Decade: "Theory As Practice" At The Center For Environmental Legal Studies, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
A scholarly center, with an ethically premised mission to further the remedial objectives of Environmental Law: this conception inspired establishment of Pace's Center For Environmental Legal Studies in 19821 when Professor Donald W. Stever, Jr., joined me in launching this new focus through which the Pace University School of Law's Environmental Law Faculty could use their expertise to further, refine, and fashion environmental protection and the conservation of natural resources. In the Center's first decade, our Environmental Faculty managed to exceed our Center's imagined goals, and as the Center enters its march to the year 2002, we are rethinking our …
Teaching Writing Through Substance: The Integration Of Legal Writing With All Deliberate Speed, Michelle S. Simon
Teaching Writing Through Substance: The Integration Of Legal Writing With All Deliberate Speed, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
The stated pedagogical task of the first year of law school is to teach students to "think like lawyers." Legal writing, which is a traditional first-year course, serves this purpose by helping students develop writing and analytical skills that are essential to their ultimate success as lawyers. The greatest difficulty faced by those who teach legal writing, however, is communicating to students that legal writing is a means towards synthesizing the law and preparing them for the complex legal and human problems of modern law practice. To help overcome this difficulty, Pace Law School has developed a course that fully …
Joining Hands And Smarts: Teaching Manual Legal Research Through Collaborative Learning Groups, Thomas Michael Mcdonnell
Joining Hands And Smarts: Teaching Manual Legal Research Through Collaborative Learning Groups, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
My hypothesis was that a group of law students who research a problem together will learn legal research better than students who work individually. I further hypothesized that if the group research could be undertaken during class time under the direct supervision of the instructor and the teaching assistant, the students would be less intimidated by manual research tools and would be better prepared to work on their own. The following three-step method was employed: (1) the students read about the tool; (2) the instructor discussed the tool in class; and (3) immediately following the discussion, students went to the …
The Work Of A Cuny Law Student: Simulation And The Experiential Learning Process, Vanessa Merton
The Work Of A Cuny Law Student: Simulation And The Experiential Learning Process, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
The work you do as part of a simulation is selectively, but not exactly, the same as what you would do as a lawyer confronted with a comparable problem. By drastically shortening the time frame of the actual process, the simulation allows you to experience the consequences of your choices relatively quickly. In a simulation, you are asked to assume certain roles, and to engage in a variety of tasks, some in-role and some out-of-role (except for the ubiquitous role of "law student").
Jurisdiction For Citizens To Enforce Against Violations Of The Clean Water Act, Jeffrey G. Miller
Jurisdiction For Citizens To Enforce Against Violations Of The Clean Water Act, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The First Annual Pace National Environmental Moot Court Competition was a splendid event. The students, faculty and administration of Pace were proud to host it. The Competition differs in many ways from other competitions. First, it features a field of law that has only recently become a major focus of legal practice. It is appropriate that Pace, a young law school, sponsor a competition in a new field of law. Second, the Competition's arguments are between three teams (government, industry and environmental advocates) rather than the traditional two. This is appropriate to the many sided nature of environmental disputes. Third, …
Tribute To Philip B. Blank, James J. Fishman
Tribute To Philip B. Blank, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The City University Of New York Law School: An Insider's Report, Vanessa Merton
The City University Of New York Law School: An Insider's Report, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
The Law School of the City University of New York ("CUNY") is an experiment in whether it is possible for lawyers to integrate their lives. It is not, primarily, an institution with a somewhat novel, somewhat derivative, approach to legal education (although it is that). It is a place where lawyers try to bridge the gap between love and work, those so often dichotomized constituents of life. At CUNY we are trying simultaneously to equip students for survival in the current legal system and to burden them with a critical perspective on that system; to do and think, to practice …
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.
The Path Of Legal Education From Edward I To Langdell: A History Of Insular Reaction, Ralph Michael Stein
The Path Of Legal Education From Edward I To Langdell: A History Of Insular Reaction, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This article presents an analytic overview of key aspects in the history of legal education in England and the United States from the time of Edward I to the end of the last century. The response of lawyers and legal educators to the perceived need to protect the profession from a variety of ills and plagues is explored. The development of a sense of professionalism by those engaged in the teaching of law, a sense of professionalism that was reactive to public perception about lawyers as well as to academic dismay at the roles played by lawyers, will be explored …
What Is Taught In The First Year Property Course?, John A. Humbach
What Is Taught In The First Year Property Course?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The battle over the first-year curriculum will unlikely ever end so long as there is a diversity of views as to what ought to be taught there. Because first-year courses are both a requirement (for the most part) and an initiation, most would probably agree that their subject matter should tend to emphasize the fundamental and general, not the esoteric or the highly specialized areas of legal knowledge. Nevertheless, first year subject matter should not be so abstractly "general" that it is too far removed from the real issues which a practical lawyer is likely to face. Beyond this, agreement …