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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 …


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 …


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.


David Hoffman: Life, Letters And Lectures At The University Of Maryland 1821-1837, Bill Sleeman Dec 2009

David Hoffman: Life, Letters And Lectures At The University Of Maryland 1821-1837, Bill Sleeman

Bill Sleeman

David Hoffman was a prominent pioneer in the establishment of university-based legal education. He helped to found the University of Maryland Law School in 1816 and was its first professor. His A Course of Legal Study (1817) and Legal Outlines (1829) played a critical role in the development of law school curricula and provided guidance to hundreds of antebellum law students and attorneys.


Professionalism Videos, Mary Ann Robinson, Alison Kehner Dec 2009

Professionalism Videos, Mary Ann Robinson, Alison Kehner

Mary Ann Robinson

A series of short filmed vignettes to be used to teach law students about concepts of professionalism. They are intended to be used to help our students realize that their careers as lawyers commence in law school, and that they must begin to adopt and emulate standards of professionalism in law school that they will carry with them when they become legal professionals. Choices made now not only impact their professional reputations, but also establish patterns that can serve them for the better or for the worse in practice.


It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng Dec 2009

It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng

Jennifer E Spreng

In Fall 2008, a nascent classroom community emerged among my Civil Procedure students, teaching assistants and I. That term’s adventure eventually became the vital “past” for the fully formed community that would knit students of future classes together as one.

The genesis of this early classroom community was my ideal of “the good lawyer” as the small-firm or small-jurisdiction practitioner I had known as a seven-year solo practitioner in a town of 50,000 people. That ideal was a combination of “the rhythms of the law” that run throughout the specialties; a more respectful and less stratified model of professionalism, and …


Experimenting On Law Students: Why Imposing No Ethical Constraints On Educational Research Using Law Students Is A Bad Idea And Proposed Ethical Guidelines, Scott Devito Dec 2009

Experimenting On Law Students: Why Imposing No Ethical Constraints On Educational Research Using Law Students Is A Bad Idea And Proposed Ethical Guidelines, Scott Devito

Scott DeVito

Under current federal regulations, law school faculties are permitted to engage in human research using students as subjects with little or no ethical oversight. This freewheeling environment runs counter to well-established ethical guidelines for human research and to law professors’ heightened moral duties as members of the Bar and the legal academy. In addition, it exposes students, law faculty, and the legal academy to risks arising out of the use of unregulated human experimentation in law schools. This is inimical to morally good practice. To remedy this ethical problem, this article provides a set of guidelines for law professors who …


An Educational Partnership Model For Establishing, Structuring, And Implementing A Successful Corporate Counsel Externship, Carl J. Circo Dec 2009

An Educational Partnership Model For Establishing, Structuring, And Implementing A Successful Corporate Counsel Externship, Carl J. Circo

Carl J. Circo

This article explores what the author has learned from developing and supervising an externship program that places students in the legal departments of major corporations. Externship placements in corporate legal departments provide unique opportunities for law schools to integrate into the curriculum the core practice competencies that are essential for commercial and business lawyers but that are rarely taught in an experiential setting. The article proposes an educational partnership model to establish, structure, and implement a corporate counsel externship. This approach advocates a carefully orchestrated collaboration between the faculty who administer the program for the school and the lawyers who …


Law 00117 Administrative Law 3rd Edition, Anne Louise Schillmoller Dec 2009

Law 00117 Administrative Law 3rd Edition, Anne Louise Schillmoller

Anne Schillmoller

Robin Creyke and John McMillan suggest that ‘the broad purpose of administrative law is to safeguard the rights and interests of people and corporations in their dealings with government agencies.’ Just as important, however, is the role played by administrative law in engendering sound decision-making and decision making processes. In this sense, administrative law is not just about placing controls on government action, nor safeguarding the rights of individuals in their dealings with the State, but it also provides the means by which good and accountable government administration is facilitated. The oversight of administrative action by courts and tribunals, together …


The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger Dec 2009

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger

Linda L. Berger

This Article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this Article, we map the contours of a third generation of legal writing scholarship—one that integrates the elements of our professional lives and engages more effectively with our professional communities. The core of …