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Full-Text Articles in Law

The Fourth Industrial Revolution And Legal Education, Steven R. Smith Mar 2023

The Fourth Industrial Revolution And Legal Education, Steven R. Smith

Georgia State University Law Review

A “Fourth Industrial Revolution” (4IR) will dramatically change current law students’ careers. Innovations in technology, business, and social structures will require different and more sophisticated legal services. Law school graduates will be responsible for harnessing, encouraging, and establishing legal controls that offer society the benefits of these new technologies while limiting the undesirable side effects. At the same time, the recurring, repetitive practice of law will begin to disappear as more work is done much cheaper and better by machines.

The 4IR presents extraordinary opportunities for law schools, the legal profession, and graduates, but it also presents significant challenges. To …


Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron Jan 2021

Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron

Scholarly Works

No abstract provided.


Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez Jan 2021

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

Articles

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.


Foreword: The Dispossessed Majority: Resisting The Second Redemption In América Posfascista (Postfascist America) With Latcrit Scholarship, Community, And Praxis Amidst The Global Pandemic, Sheila I. Velez Martinez Jan 2020

Foreword: The Dispossessed Majority: Resisting The Second Redemption In América Posfascista (Postfascist America) With Latcrit Scholarship, Community, And Praxis Amidst The Global Pandemic, Sheila I. Velez Martinez

Articles

As LatCrit reaches its twenty-fifth anniversary, we aspire for this symposium Foreword to remind its readers of LatCrit’s foundational propositions and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. Working for lasting social change from an antisubordination perspective enables us to see the myriad laws, regulations, policies, and practices that, by intent or effect, enforce the inferior social status of historically- and contemporarily-oppressed groups. In turn, working with a perspective and principle of antisubordination can inspire us to …


Teaching Social Justice Through “Hip Hop And The Law”, André Douglas Pond Cummings Oct 2019

Teaching Social Justice Through “Hip Hop And The Law”, André Douglas Pond Cummings

Faculty Scholarship

This article queries whether it is possible to teach law students about social justice through a course on hip hop and its connection to and critique of the law. We argue, in these dedicated pages of the North Carolina Central Law Review, that yes, hip hop and the law offer an excellent opportunity to teach law students about social justice. But, why publish an article advocating that national law schools offer a legal education course on Hip Hop and the Law, or more specifically, Hip Hop & the American Constitution? Of what benefit might a course be that explores hip …


Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart Jan 2018

Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart

Publications

Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and …


Encouraging This Particular Form Of (Very Fun) Madness – Roles For Deans And Faculty Members, Martin J. Katz, Phoenix X. F. Cai Jan 2016

Encouraging This Particular Form Of (Very Fun) Madness – Roles For Deans And Faculty Members, Martin J. Katz, Phoenix X. F. Cai

Sturm College of Law: Faculty Scholarship

Our broader goal is to encourage experiential learning in the transactions curriculum. I know that all of you are here and do not need convincing. So my goal for this session is to try and provide some persuasive tools to help you convince people at your schools about both the value and the possibility of this type of teaching and learning.


Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand Jan 2016

Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.


Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain Jan 2016

Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

Faculty Scholarship

Clinical Legal Education (“CLE”) courses were first introduced in South Africa nearly fifty years ago. Since then, their role has changed from addressing legal problems perpetrated by an oppressive system, to strengthening South Africa’s transition to democracy. The end of apartheid has been accompanied by a transition of focus from private law to public law. South Africa currently has seventeen public universities, each of which has a law faculty and a legal clinic. Many clinical programs’ missions are primarily dedicated to community service and providing access to justice.

Although CLE programs have undertaken some human rights and law reform work, …


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 …


The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm Aug 2015

The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm

Adam Lamparello

For too long, academic support programs have been viewed as the unwanted stepchild of legal education. These programs have existed in the dark shadows of legal education, reserved for students deemed “at risk” for satisfactorily completing law school or successfully passing the bar examination, and focused on keeping students above the dreaded academic dismissal threshold. The time has arrived for the remedial – and stereotypical – character of academic support to meet its demise, and to be reborn as a program that helps all students to become better lawyers, not just better law students.

In this article, we propose a …


Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez Jan 2015

Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez

Articles

“Towards an Education for Justice: South North Perspectives” was the theme of the XI LatCrit South North Exchange on Theory, Culture and Law, convened at the Universidad de los Andes in Bogotá, Colombia in 2014. Scholars, students and activists from more than 10 countries encompassing the Global South and Global North engaged in a critical and animated exchange on the changing space of legal studies and how this change can be stirred towards acknowledging the need to integrate a concern for justice as part of legal education. The premise of the Conference was that the dominant model of legal education, …


Analyzing Carnegie’S Reach: The Contingent Nature Of Innovation, Stephen Daniels, Martin J. Katz, William Sullivan Jan 2014

Analyzing Carnegie’S Reach: The Contingent Nature Of Innovation, Stephen Daniels, Martin J. Katz, William Sullivan

Sturm College of Law: Faculty Scholarship

Our interest is curricular innovation, with a focus on the recommendations of the 2007 Carnegie report – Educating Lawyers. Recognizing that meaningful reform requires an institutional commitment, our interest also includes initiatives in the areas of faculty development and faculty incentive structure that would support curricular innovation. Additionally, we are curious as to what might explain change and whether certain school characteristics will do so or whether external factors that challenge legal education offer an explanation. To explore these issues we surveyed law schools (a 60.5% response rate). The results show that while there is much activity in the area …


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Aug 2013

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …


Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode Feb 2013

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …


Facilitating Better Law Teaching – Now, Martin J. Katz Jan 2013

Facilitating Better Law Teaching – Now, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Essay is about solutions—real solutions that law schools can deploy right now to improve the education we provide. And it is about how to overcome obstacles to implementing those solutions right now. This is how change happens.


Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman Jan 2013

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman

University of Maryland Law Journal of Race, Religion, Gender and Class

"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.


Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel Jan 2013

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …


Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus Nov 2012

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Ann L. Nowak

No abstract provided.


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Touro Law Review

No abstract provided.


Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus Jan 2012

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Touro Law Review

No abstract provided.


Practice-Ready: The False Dichotomy Between Theory And Practice, Martin J. Katz Dec 2011

Practice-Ready: The False Dichotomy Between Theory And Practice, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The leaders in education reform understand that the goal is to create multi-faceted and balanced graduates – those who not only understand the law at a deep level, but also know how to use the law to solve their clients’ problems. Yes, it is probably important for a future litigator to understand how to take a deposition. But if we teach that skill, it is not instead of teaching the doctrine that will support the theory of the case (and the ability to research and understand that doctrine), or even the theory behind the doctrine, which would allow the graduate …


Response To The David Segal Article, November 19, 2011, In New York Times, Martin J. Katz Nov 2011

Response To The David Segal Article, November 19, 2011, In New York Times, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As David Segal’s November 19 article accurately reflects, the legal market is changing. Clients are no longer willing to foot the bill for young lawyers’ training, and thus law firms are increasingly looking to the law schools to produce practice-ready graduates.

The good news is that there are clear solutions to the problem, and they are already in motion. A report published in 2007 by the Carnegie Foundation entitled "Education Lawyers" identified precisely the problem described in Mr. Segal’s article and suggested that law schools should address it by developing courses that educate law students on three levels: knowledge, practice …


Why This Time Is Different: The Perfect Storm And The Future Of Legal Education, Martin J. Katz Oct 2011

Why This Time Is Different: The Perfect Storm And The Future Of Legal Education, Martin J. Katz

Sturm College of Law: Faculty Scholarship

When we discuss legal education reform, some of the more jaded members of our community often ask, “Why is this time any different?” They rattle off a list of dust-covered reports about proposed reforms for legal education, often dating back several decades, and wonder how we can be optimistic about the prospects for meaningful reform now.

The answer is that we are in the midst of a perfect storm; one in which several powerful forces are driving law schools toward reform.


Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater Oct 2011

Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The vast sprawl of the environmental law field makes it a bemusing and confounding puzzle even to those who pursue it as their primary academic vocation. The amorphous breadth and intricate depths of environmental law present special challenges to anyone who tries to navigate the field. This Article addresses several of these challenges, briefly analyzing how environmental curricula are designed, and then suggests a potentially useful new way to conceptualize the realm of environmental law.


Renaissance Or Retrenchment: Legal Education At A Crossroads, Lauren Carasik Jan 2011

Renaissance Or Retrenchment: Legal Education At A Crossroads, Lauren Carasik

Faculty Scholarship

This Article begins to synthesize the literature criticizing the current state of legal education with the scholarship proposing solutions, and argues that whatever review is undertaken must be expansive, with a careful and critical look at how each piece supports the endeavor. None of the ideas discussed, taken alone, are novel, as scholarship abounds on all of the topics. Considered together, the analysis suggests that a comprehensive and holistic approach to reform is necessary. In essence, the goal is to catalyze a wholesale reconsideration of the very foundation of legal education. Many of the seemingly disparate themes comprise a Gordian …


The New Rules For Law Schools, Barbara S. Gontrum Jan 2011

The New Rules For Law Schools, Barbara S. Gontrum

Faculty Scholarship

No abstract provided.


Exporting Legal Education: Lessons Learned From Efforts In Transition Countries, Ronald A. Brand Jan 2010

Exporting Legal Education: Lessons Learned From Efforts In Transition Countries, Ronald A. Brand

Articles

A convergence of inward and outward-looking processes in US law schools creates both risk and potential reward in the development of legal education. As law faculties engage in the current process of changing the traditional law school curriculum, they should carefully coordinate a desire for internal goals with an understanding of external impact, realizing that this process is likely to affect not just US law schools, but legal education across the globe. Changes in the curriculum at US law schools should be responsive, not only to concerns about the legal marketplace in the United States, but also to the impact …


Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries Jan 2009

Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries

Faculty Law Review Articles

This article urges law schools to follow their medical counterparts by incorporating cross-cultural education into their curricula.

Part II discusses the Grutter v. Bollinger decision and the Supreme Court's recognition of the benefits of diversity to legal education.

Part III highlights the changing demographics of the United States and how those demographics require immediate response from the legal academy.

Part IV considers the experience of medical education. This section begins by exploring a study of the medical profession conducted by the Institute of Medicine. The section then addresses medical schools' response to the Institute of Medicine report and the subsequent …