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Articles 1 - 14 of 14
Full-Text Articles in Law
Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien
Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien
Faculty Scholarship
To say that poverty remains one of the most pressing issues of our time is a colossal understatement. A staggering number of people on the planet live in poverty. In the United States alone, the working poor and those living at or below the poverty line make up 12.6 percent of our populace.' While these individuals may not all be in imminent danger of starving or homelessness, they often lack basic safeguards that those in the upper socio-economic levels of society take for granted: basic health insurance, access to pension programs, disability coverage, and the certainty of a living wage …
Giving Millennials A Leg-Up: How To Avoid The If I Knew Then What I Know No Syndrome, Leslie Larkin Cooney
Giving Millennials A Leg-Up: How To Avoid The If I Knew Then What I Know No Syndrome, Leslie Larkin Cooney
Faculty Scholarship
While it may not be possible for law schools to train students completely within three years for the practice of law, we can come much closer to this goal and make the transition to professional life an easier and more productive one. This article explores the common traits of members of the generation comprising today's law students who prefer the label Millennial to others because of their expressed wish not to be associated with Generation X. The article discusses ways to enhance clinical education and teach lifelong learning skills so students can continue developing their problem solving expertise long after …
"In A Case, On The Screen, Do They Remember What They've Seen?" Critical Electronic Reading In The Law Classroom, Debra Moss Curtis
"In A Case, On The Screen, Do They Remember What They've Seen?" Critical Electronic Reading In The Law Classroom, Debra Moss Curtis
Faculty Scholarship
In 2005, we produced a well-received article and presentation entitled, "'In a Case, In a Book, They Will Not Take a Second Look!' Critical Reading in the Legal Writing Classroom." The article examined the educational foundations of critical reading, as well as, critical reading techniques. The purpose was to establish that law students need instruction in critical reading. In the article, we offered creative solutions that had been successfully used in our legal writing classes. In the two years since, we have found it necessary to reconsider the problem of critical reading in the law school classroom, in light of …
Accepting The Court's Invitation, Martha M. Ertman
Accepting The Court's Invitation, Martha M. Ertman
Faculty Scholarship
No abstract provided.
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie Failinger
A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie Failinger
Faculty Scholarship
This author argues that poverty advocates who are willing to carefully attend to their law school’s mission and vision, and to give careful thought to how poverty law may play an important role in achieving that vision, may win a more lasting place for poverty law in the curriculum than it has heretofore managed to achieve in most law schools. This article will argue that poverty law can be a key piece in the curriculum of law schools who define their mission, at least in part, as educating lawyers according to one of five paradigms: 1) lawyers as public citizens …
A Gendered Update On Women Law Deans: Who, Where, Why, And Why Not?, Laura M. Padilla
A Gendered Update On Women Law Deans: Who, Where, Why, And Why Not?, Laura M. Padilla
Faculty Scholarship
This article examines law school deans, how many are women, when they became deans, and what the trajectory is like for their numbers in the future. This article will provide additional empirical information through the 2005-2006 academic year. It will also present results from a survey mailed to all women deans in the fall of 2005 and to a similar number of male deans. Rather than present all the survey summaries at once, I have elected to include results where substantively appropriate.
The Injustice Of Reducing The Number Of Levels In A Grading System, William K.S. Wang
The Injustice Of Reducing The Number Of Levels In A Grading System, William K.S. Wang
Faculty Scholarship
No abstract provided.
Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner
Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner
Faculty Scholarship
This article applies to legal scholarship the ideas developed and argued in John Willinsky’s 2006 book: 'The Access Principle: The Case for Open Access to Research and Scholarship' regarding the responsibilities of scholars to make their works widely available through open access mechanisms via the Internet. Willinsky’s access principle states that “A commitment to the value and quality of research carries with it a responsibility to extend the circulation of such work as far as possible and ideally to all who are in interested in it and all who might profit by it.” For Willinsky, the transformation of scholarly journals …
Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton
Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton
Faculty Scholarship
Legal problems are addressed in at least three basic ways, or modes, each of which is associated with a particular "tense": (1) through judgment, an authoritative decision pronounced by an empowered third party concerning the legal significance of past behaviors; (2) through consent, a "present tense" resolution in which the parties to a legal concern resolve it privately by negotiated or mediated agreement; and (3) through prevention, a future-oriented process that designs contracts, legal arrangements, compliance regimes, education and training programs, organizational structures, or even physical environments so as to keep legal risks from erupting into injuries or legal liability. …
Interdisciplinary Problem Solving Courses As A Context For Nurturing Intrinsic Values, Janet Weinstein, Linda Morton
Interdisciplinary Problem Solving Courses As A Context For Nurturing Intrinsic Values, Janet Weinstein, Linda Morton
Faculty Scholarship
Intrinsic values and motivations are important foundations for career satisfaction and professionalism. The research of Lawrence Krieger and Kennon Sheldon highlights factors critical to the development of intrinsic values and motivations. Our aspiration was to create courses that could stimulate such development in our law students. This article discusses the foundation and goals for our courses, describes our courses, reviews our successes and failures, and poses questions for further study. Throughout our discussion we provide anecdotal data from comments by students and the professionals with whom they worked, indicating the degree to which students seem to be incorporating the goals …
Sleight Of Hand, Benjamin C. Zipursky
Sleight Of Hand, Benjamin C. Zipursky
Faculty Scholarship
Thanks to Richard Posner's classic 1972 article, A Theory of Negligence Law, the Hand formula of United States. v. Carroll Towing Co. is perhaps the most central idea of many first-year torts classes today. Students learn that the meaning of negligence should be understood in terms of Judge Learned Hand's formula comparing the costs of taking precautions with the product of the likelihood of injury without those precautions and the magnitude of such injury. There is more than a little irony, however, in the superstar status of the Hand formula in negligence law. Carroll Towing is not a negligence case …
Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Faculty Scholarship
The study of comparative law and legal process in any subject area offers the usual advantages of learning about other countries' legal cultures and developing a deeper understanding of one's own legal tradition. In the case of mediation, it is important to evaluate critically what is learned through comparative analysis. Mediation is still developing as a profession; it is newly institutionalized in legal cultures; and, it is relatively new to the canon of legal education. National legal traditions have responded differently to the implementation of mediation. Thus, lawyers must have an understanding of the differences and nuances in mediation law …
The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan Sturm, Lani Guinier
The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan Sturm, Lani Guinier
Faculty Scholarship
Law school reform is in the air. Many reformers agree that the prevailing law school model developed in the nineteenth century does not adequately prepare students to become effective twenty-first century lawyers. Langdell's case method, designed around private domestic law, appellate cases, and the Socratic method, increasingly fails to teach students "how to think like a lawyer" in the world students will occupy. The curriculum over-emphasizes adjudication and discounts many of the important global, transactional, and facilitative dimensions of legal practice. Law school has too little to do with what lawyers actually do and develops too little of the institutional, …
Crafting A Scholarly Persona: A Panel Discussion, Ian Ayres, Paul H. Robinson, Carol Sanger, Kimberly Kessler Ferzan
Crafting A Scholarly Persona: A Panel Discussion, Ian Ayres, Paul H. Robinson, Carol Sanger, Kimberly Kessler Ferzan
Faculty Scholarship
This is an edited transcript of Crafting a Scholarly Persona, the Scholarship Section's program from the AALS Annual Meeting in 2007. During this program, three established scholars, Ian Ayres, Paul Robinson, and Carol Sanger, discussed their individual career paths – How they chose their article topics, what the goals of their scholarship are, how they view their research agendas, etc. The discussion was intended roughly to mirror Bravo's Inside the Actor's Studio.