Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 235

Full-Text Articles in Law

Teaching Cost-Effective Research Skills: Tips For Effective And Efficient Legal Research, Rebecca Mattson, Theresa K. Tarves Mar 2016

Teaching Cost-Effective Research Skills: Tips For Effective And Efficient Legal Research, Rebecca Mattson, Theresa K. Tarves

Rebecca A. Mattson

Being a cost-effective researcher is not necessarily just about the legal research resources available where an attorney practices. Budgetary concerns are prevalent across all legal markets, from solos and public interest to large law firms. As the legal field struggles with clients who want greater efficiencies from their attorneys and alternative fee arrangements, many of which state that attorneys will not bill clients for legal research database fees, it is becoming more important than ever to teach law students and attorneys how to use alternative resources effectively and efficiently.


Thinking Like A Statistician: The Report Of The American Statistical Association Committee On Training In Statistics In Selected Professions, David H. Kaye Mar 2016

Thinking Like A Statistician: The Report Of The American Statistical Association Committee On Training In Statistics In Selected Professions, David H. Kaye

David Kaye

In 1983, a subcommittee of the American Statistical Association composed of legal educators and one judge issued a report describing existing programs for educating law students in statistics and offering recommendations for improving these programs. This article summarizes that report.


From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth Century America, Timothy G. Kearley Feb 2016

From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth Century America, Timothy G. Kearley

Timothy G. Kearley

This article describes how the classical past, including Roman law and a classics-based education, influenced elite legal culture in the United States and university-educated Americans into the twentieth century and helped to encourage Scott, Blume, and Pharr to labor for many years on their English translations of ancient Roman law. 


Teaching The Art Of Defending A White Collar Criminal Case, Katrice Copeland Feb 2016

Teaching The Art Of Defending A White Collar Criminal Case, Katrice Copeland

Katrice Bridges Copeland

This Article discusses the author's experience with effectively teaching a white collar crime course.


The Phd Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James C. Phillips Dec 2015

The Phd Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James C. Phillips

James C Phillips

At a time when some perceive law schools to be in crisis and the future of legal education is being debated, the structural shift toward law professors with Ph.Ds is an important, under-examined trend. In this article, we use an original dataset to analyze law school Ph.D hiring trends and consider their potential consequences. Over the last fifty years the proportion of law professors with Ph.Ds has risen dramatically. Over a third of new professors hired at elite law schools in recent years come with doctoral degrees in fields outside the law. We use our data to consider the scope, …


Lawyering Skills And Clinical Cooperation: Teaching Spanish For Lawyers At John Marshall, Kim D. Chanbonpin, Sarah Dávila-Ruhaak Dec 2015

Lawyering Skills And Clinical Cooperation: Teaching Spanish For Lawyers At John Marshall, Kim D. Chanbonpin, Sarah Dávila-Ruhaak

Kim D. Chanbonpin

No abstract provided.


Lawyering Skills And Clinical Cooperation: Teaching Spanish For Lawyers At John Marshall, Kim D. Chanbonpin, Sarah Dávila-Ruhaak Dec 2015

Lawyering Skills And Clinical Cooperation: Teaching Spanish For Lawyers At John Marshall, Kim D. Chanbonpin, Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

No abstract provided.


The Integrated Law School Curriculum, Adam Lamparello Nov 2015

The Integrated Law School Curriculum, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …


Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson Oct 2015

Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson

Rebecca A. Mattson

This article discusses teaching proper use of Google and Google Scholar in the legal research classroom.


Learning From And About The Numbers, Carole Silver, Louis Rocconi Sep 2015

Learning From And About The Numbers, Carole Silver, Louis Rocconi

Carole Silver

In this article, we enter the debate about the value of legal education, taking aim at the issue of the ways in which law schools prepare students for practice. But rather than focusing on skills training, our concern is with the approach of law schools to preparing students to understanding the context of the legal issues they will encounter, and specifically on their preparation for working with numbers, whether with regard to business, finance or information presented in statistical form generally.

Our contribution to this debate is to emphasize the importance of data in analyzing the value of law school, …


Techniques To Teach Substance And Skill In Contract Drafting: In-Office Meetings And Analytical Memos, Lyman P. Q. Johnson Sep 2015

Techniques To Teach Substance And Skill In Contract Drafting: In-Office Meetings And Analytical Memos, Lyman P. Q. Johnson

Lyman P. Q. Johnson

This short article is based on a talk at Emory Law School on Transactional Lawyering. One overall pedagogical aim of a transactional course (or any business contract drafting course) is to link skills training with insistence on in-depth substantive learning about law and business. In this way, skills training – although acknowledged to be practical – also can be recognized as intellectually demanding, a point not always appreciated by proponents of more traditional law teaching. Two techniques for making the connection – in-office meetings and detailed “companion” analytical memos – are described.


Female Law Students, Gendered Self-Evaluation, And The Promise Of Positive Psychology, Dara Purvis Sep 2015

Female Law Students, Gendered Self-Evaluation, And The Promise Of Positive Psychology, Dara Purvis

Dara Purvis

For the last several decades, studies and surveys have shown that female law students perform worse and feel worse about their experiences in law school than do male students. Hidden in average figures, however, is a subgroup of female students who thrive. Positive psychology, focusing on what traits make people happy rather than how to alleviate depression, provides novel ideas of how to improve legal education for women without making accommodations specifically targeting gender.


Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee Sep 2015

Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee

Robert Rhee

This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in core transaction-oriented law courses and core business courses. The most effective education …


Collaboration And Teamwork, Janet Weinstein, Linda H. Morton Sep 2015

Collaboration And Teamwork, Janet Weinstein, Linda H. Morton

Linda H Morton

No abstract provided.


Teamwork, Linda H. Morton, Janet Weinstein Sep 2015

Teamwork, Linda H. Morton, Janet Weinstein

Linda H Morton

No abstract provided.


Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos Aug 2015

Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos

Winston P Nagan

This paper deals with the definition and implications of globalism generally and for African interests in particular. Its focus is on globalism as a cluster of social, economic, and political forces contesting for the controlling paradigm of international relations and international law. The article underscores the general issue of globalism's impact on the well-being of the international community. It also considers the impact of globalism on the U.N. Charter, and, in particular, the role of the United Nations in international economic order. The connections between globalism and society are considered as part of the changing character of war and political …


Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills Aug 2015

Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills

Jon L. Mills

No abstract provided.


Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills Aug 2015

Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills

Jon L. Mills

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)


Educating To Meet The Demands Of Florida Business And Law Schools - A. Introduction, Jon L. Mills Aug 2015

Educating To Meet The Demands Of Florida Business And Law Schools - A. Introduction, Jon L. Mills

Jon L. Mills

Proceedings of the Second Annual & Legal and Policy Issues in the Americas, 2001


Remembering Harry Bitner: Law Librarian, Professor, And Wonderful Colleague, Claire M. Germain Aug 2015

Remembering Harry Bitner: Law Librarian, Professor, And Wonderful Colleague, Claire M. Germain

Claire Germain

Professor Harry Bitner was an outstanding law librarian who shaped many of our best libraries, who was a mentor to many younger law librarians, and who provided leadership to the law library profession and to legal education generally.


A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell Aug 2015

A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell

Ray W Campbell

The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.

These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At …


Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss Jul 2015

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss Jul 2015

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Roll Over Langdell, Tell Llewellyn The News: A Brief History Of American Legal Education, Stephen R. Alton Jul 2015

Roll Over Langdell, Tell Llewellyn The News: A Brief History Of American Legal Education, Stephen R. Alton

Stephen Alton

The origin of this essay is a presentation the author made at the Office of the Attorney General of the State of Texas on December 10, 2008. This essay is derived from the author's presentation, which originally was entitled "A Brief and Highly Selective History of American Legal Education and Jurisprudence. " In this essay, the author provides an overview of the history and development of legal education in America, emphasizing the establishment and evolution of the case method of instruction in American law schools and focusing on the influence of American jurisprudence on the development of legal education in …


Mandatory Prelicensure Legal Internship: An Idea Whose Time Has Come Again, Stephen R. Alton Jul 2015

Mandatory Prelicensure Legal Internship: An Idea Whose Time Has Come Again, Stephen R. Alton

Stephen Alton

This Article explores the wisdom of imposing an internship requirement on aspiring lawyers as a prerequisite for licensure. It is my position that such a requirement can be beneficial to the new attorney, to the profession, and to the public and should thus be mandated for all those who seek admission to the practice of law. This Article begins by briefly examining the history in the United States of law-office, apprenticeship as a means of legal education. I then proceed to an examination of modern internship requirements in England and Canada. There follows a discussion of some of the more …


Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan Jul 2015

Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan

Darren O'Donovan

Extract: Higher education is increasingly viewed, particularly in the United States, as a market approaching systemic failure. Legal education has been singled out as a subset of this overall trend, emblematic of a growing disconnect between investment and outcome. Internationalisation adds another layer of complexity and volatility to designing effective interventions that connect students with globalised opportunity. Crucially however, it also provides a chance for a rigorous re-evaluation of the purposes and modalities of legal education, and a greater reflection on sustainable growth rather than the reinforcing of bubble logic. In this chapter, I want to use the concept of …


Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin Jun 2015

Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin

Kim D. Chanbonpin

In the same moment that law schools are embracing neoliberal strategies in response to the economic crisis caused by declining admissions, students in the classroom have begun to agitate for advance content notices (or “trigger warnings”) to alert them to any potentially trauma-inducing course materials. For faculty who have already adopted a defensive posture in response to threats to eliminate tenure, this demand feels like an additional assault on academic freedom; one that reflects a distressing student-as-consumer mentality. From this vantage point, students are too easily cast as another group of adversaries when, in actuality, students are straw targets who …


Mindfulness: Foundational Training For Dispute Resolution, Leonard Riskin May 2015

Mindfulness: Foundational Training For Dispute Resolution, Leonard Riskin

Leonard L Riskin

This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.


Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin May 2015

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

Leonard L Riskin

This essay is based primarily on materials the author developed for courses taught at the University of Missouri-Columbia, School of Law, in the winter 2002 and 2003 semesters, based on Barry Werth's book, "Damages."


The Meaning Of Quality, Steven R. Smith May 2015

The Meaning Of Quality, Steven R. Smith

Steven R. Smith

This essay considers the qualities that constitute excellent lawyers in any society. It thereby suggests the qualities that law schools should seek to ensure that their graduates possess as they leave law schools and enter the practice of law.