Law Commons^™

Myths And Facts About Affirmative Action, Richard O. Lempert, David L. Chambers, Terry K. Adams

Articles

The case against affirmative action in admissions to institutions of higher education is based on the moral attractiveness of colorblind decision making and buttressed by a sense that such programs are not just unfair but pointless. Their intended beneficiaries, the argument goes, are put in situations in which they are unable to compete with whites and not only perform poorly but are destructively demoralized in the process. Common to arguments against affirmative action in admissions is a belief that minorities advantaged by it displace whites who are more deserving of admission because they have accomplished more, can better benefit from …

Essay: Recent Trends In American Legal Education, Paul D. Reingold

Articles

An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the …

Teaching Law By Design: How Learning Theory And Instructional Design Can Inform And Reform Law Teaching, Michael Hunter Schwartz

San Diego Law Review

This Article examines the law school Vicarious Learning/Self Teaching Model in light of learning theory and instructional design. Further, it identifies both the good intuitions' and the many deficiencies

in how law professors develop and present instruction. More importantly, this Article offers a dramatically different approach to law school instruction, an approach more likely than current law teaching methodologies to produce effective, efficient, and appealing law school instruction.

Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

Comments Of A Commissioner, Peter D. Ehrenhaft

Vanderbilt Journal of Transnational Law

These comments are solely the views of Peter D. Ehrenhaft, one of the twelve members of the ABA Commission on Multijurisdictional Practice. They are not the official views of the Commission and, indeed, may be modified by the presenter based on the further information the Commission is now gathering from interested parties. These comments are intended to stimulate thought and discussion of the issues and to encourage all sectors of the profession to submit their views to the Commission. The final deadline for the submission of written materials for the Commission's consideration in the preparation of its Initial Draft Report …

Teaching Restitution, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: When I began teaching in 1981, I was assigned two separate Remedies courses to teach during the fall: Equitable Remedies and Legal and Extraordinary Remedies. For the Equitable course, I chose the text Leavell, Love & Nelson, Equitable Remedies, Restitution and Damages (3d ed. 1980) and for the Legal and Extraordinary course, York and Bauman, Remedies (3d ed. 1979). I was not sure what "extraordinary remedies" were if they were not equitable remedies, so I assumed they must be this topic called restitution. Of course, most people refer to equitable remedies as the extraordinary ones, and my two Remedies …

Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Law Students' Undergraduate Major: Implications For Law School Academic Support Programs (Asps) Performance, Bryan Adamson, Mark Graham

Faculty Articles

This article addresses whether or not law students' comparative educational backgrounds affect their ability to solve general deductive reasoning problems. This question leads to two broader issues: (1) whether any comparative differences in general reasoning competency affect a student's ability to reason within a legal framework; and (2) whether a student's reasoning competency remains static over three years of law school. This article addresses the first issue. At present, a separate study is being conducted to explore how general reasoning differences may influence a student's ability to reason within a legal framework. This article contends that law school academic support …

Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn

Articles

Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …

Raising Issues Of Property, Wealth And Inequality In The Law School: Contracts And Commercial Law School Courses, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

Faculty Works

The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …

Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.

Kathleen A. Sullivan: A True Teacher's Teacher, Christine N. Cimini

Articles

This essay is part of a group of five memorial tributes to Professor Kathleen A. Sullivan of the Yale Law School. The group of tributes reflect on the numerous contributions Professor Sullivan made to her colleagues, students, clients and the clinical education community. In this memoriam tribute, the authors explore three themes that Professor Sullivan cared deeply about: thinking critically about confidentiality, privacy and autonomy; incorporating issues of difference into our teaching and practices; and encouraging people (students, clients and colleagues) to find and assert their own voices, even – and especially – when those voices are different than ours.

Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson

Seattle University Law Review

This Article will view the relationship between affirmative action and law school admissions through the lens of The Bell Curve, a book suggesting that a genetic link probably exists between race and intelligence. In The Bell Curve, Charles Murray and Richard J. Herrnstein conduct a statistical analysis on a variety of aptitude tests and other measures of intelligence, concluding that blacks and whites do differ on standardized tests of cognitive ability, even when controlling for such factors as motivation and socioeconomic status. Indeed, much of the book is geared toward discounting environmental explanations of intelligence scores. The relevancy …

The Academic Support Student In The Year 2010, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Academic support professionals have long recognized the benefits of imparting a greater knowledge of learning skills to law students as a way to enhance their ability to learn the law. Consequently, the science and pedagogy of academic support have become a staple of legal education. However, while the need for academic support remains a constant, the identification of those in need of academic support programs continues to be in flux. Growing social awareness of an expanded definition of diversity, recent decisions such as Hopwood v. Texas and the proliferation of academic support programs have expanded the definition of the academic …

I Know That I Taught Them How To Do That, Laurel Oates

Faculty Articles

Teachers have complained for years that students could not transfer their skills from one class to another, and employers have complained that the students could not apply the skills they learned in class to real world tasks. This article delves into the issues involved in students acquiring skills and the ability to transfer those to skills to similar tasks. The article describes the four steps involved in transfer identified by researchers: problem representation, search and retrieval, mapping, and application.

Los Angeles As A Single-Cell Organism, Robert S. Chang

Faculty Articles

In this article, Professor Robert S. Chang discusses the Los Angeles Police Department's Rampart scandal. Professor Chang compares Los Angeles to a single-celled organism that lives according to three basic survival rules. These three rules are: 1) keep out that which is undesirable, 2) isolate and control that which cannot be kept out, and 3) expel, whenever possible, undesirable elements. The author first discusses some of the historical antecedents to the Rampart scandal in Los Angeles. The author then discusses how the United States as a whole has historically acted according to the three basic survival rules exhibited by a …

Gay And Lesbian Applicants To The Bar: Even Lord Devlin Could Not Defend Exclusion, Joel J. Finer

Law Faculty Articles and Essays

In 1957, the publication of a report to Parliament, the Wolfenden Report, which recommended the repeal of laws criminalizing private homosexual conduct between consenting adults, sparked an intensely debated controversy in political philosophy and jurisprudence. The issue: is society justified in criminalizing behavior which, although causing no secular harm, transgresses widely held moral values? The principal proponent of morals legislation was Lord Patrick Devlin, who responded to the Wolfenden recommendation with a paper disputing the report's premises--that criminal law had no proper business punishing private immorality.Oxford Professor of Jurisprudence H.L.A. Hart, a philosophical successor to the libertarianism of John Stuart …

New Modes Of Assessment, Greg Sergienko

San Diego Law Review

are extremely burdensome to grade. The purpose of this Article is to call attention to a variety of alternatives to this traditional format that are more accurate and less burdensome than traditional essay exams.2 Increasing accuracy makes it

possible to determine whether the instruction has been effective, allowing the instructor to address areas of weakness before the course ends and to improve future classes. Decreasing the burden of assessment of student learning allows for faster feedback, which is more effective.' Faster assessment also makes possible frequent assessment, and frequent assessment provides students with the information they need to improve, promoting …

A Primer On Learning Styles: Reaching Every Student, M.H. Sam Jacobson

Seattle University Law Review

Many authors and researchers have written extensively about learning styles, but the literature can be daunting to the uninitiated. This article establishes a framework that will put the literature into perspective, will allow professors to evaluate what is meant by "learning syle," and will give them guidance for how to be more effective teachers both in the classroom and out. Part I discusses how knowledge of learning styles will help professors achieve their pedagogical goals. Part II discusses the personal characteristics that contribute to learning style. Finally, Part III applies the learning styles to the learning cycle and discusses how …

Indiana Law Journal Celebrates 75 Years, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.

Creativity And The Law, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue

All Faculty Publications

During the past two decades a new, global, legal professionalism has manifested itself in the field of legal education through a variety of programmes seeking to produce globally-aware or globally-connected lawyers. This paper explores the diverse meanings of globalization and legal education with particular attention to the differential effects of globalization and the varied experiences of it in different parts of the world. Taking its starting point from a Nigerian graduate student's insight that globalization means 'The White Man is Coming again'. What does he want this time?, he explores both American and international perspectives.

Mirror, Mirror: Using Non-Traditional Reflective Exercises, Kim Diana Connolly

Other Scholarship

No abstract provided.

How Can An Association Of Law Schools Promote Quality Legal Education?, H.G. Prince

Faculty Scholarship

No abstract provided.

¿Cómo Puede Una Asociación De Escuelas De Derecho Promover La Enseñanza Legal De Calidad?, H.G. Prince

Faculty Scholarship

No abstract provided.

The Requirement Of Full-Time Faculty In American Legal Education: Responsibilities And Expectations, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Thoughts On Teaching Remedies From A Public Law Perspective, David I. Levine

Faculty Scholarship

No abstract provided.

Los Requistos Del Claustro De Profesores A Jornada Completa En La Enseñanza Legal Americana: Responsabilidad Y Expectativas, Mary Kay Kane

Faculty Scholarship

No abstract provided.