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John Osborn's Enduring Words On Law & Learning, Walter Effross

Popular Media

When I started my first year at Harvard Law School, 17 years after Osborn did, I wasn’t looking for enlightenment. But I expected to be — and was — intimidated by Socratic taskmasters who, like the movie version of Osborn’s Professor Kingsfield (a role for which John Houseman won an Academy Award and a Golden Globe Award in 1973), were ready with “always another question, another question to follow your answer.”

Teaching Case Theory, Binny Miller

Articles in Law Reviews & Other Academic Journals

As the key means of framing a case, case theory is the central problem that lawyers confront in constructing a case, and many of the decisions made during the life of a case are decisions that rest on case theory. Building on the author's earlier scholarship on case theory, this essay articulates a concept of case theory called "storyline," and sets out a framework for teaching this concept. The framework for this process has three basic stages - imagining case theory, evaluating (and constructing) case theory, and choosing case theory. The material for this process is stories, which are the …

Reflections On Law Student Mental Health By A Dean Of Students After 25 Years, David Jaffe

Articles in Law Reviews & Other Academic Journals

Your faculty need to be educated about how to refer students, how to speak with students who pop into their office. Your Dean, writ-large nationally, Deans need to have the willingness, and again, the bravado, the willingness to go to the faculty and say, "You need to be part of this movement." Whatever that may mean. I would love to see every faculty member taking 30 seconds at the beginning of every class for students to breathe. Thirty seconds of breathing. If you've never done it, do it at home today, deep breaths, and see what it feels like. I …

"It's Okay To Not Be Okay": The 2021 Survey Of Law Student Well-Being, David Jaffe, Katherine M. Bender, Jerome Organ

Articles in Law Reviews & Other Academic Journals

The Survey of Law Student Well-Being, implemented in Spring 2014 [hereinafter "2014 SLSWB"], was the first multi-law school study in over twenty years to assess alcohol and drug use among law students, and it was the first multi-law school study ever to address prescription drug use, mental health, and help-seeking attitudes. The article summarizing the results of the 2014 SLSWB has been downloaded over 12,000 times.

With a desire to learn what has changed since 2014 given the increased emphasis on law student and lawyer well-being among law schools and legal professionals, the authors sought and received grant funding from …

Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.

This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …

Feminism’S Transformation Of Legal Education And Unfinished Agenda, Jamie Abrams

Contributions to Books

Feminism has had a broad influence in legal education. Feminist critiques have challenged the substance of legal rules, the methods of law teaching, and the culture of legal education. Following decades of advocacy, feminist pedagogical reforms have generated new fields, new courses, new laws, new leaders, and new feminist spaces. There are many reasons to celebrate the accomplishments of our feminist pioneers and champions. Yet, COVID-19 has also exposed all the vulnerabilities and tenuousness of feminist gains too. Critical work remains for faculty, administrators, and students to carry the work forward with a vigilant purpose and determination.

The Way To Barbara Armstrong, First Tenure-Track Law Professor In An Accredited Us Law School, Susan Carle

Contributions to Books

This is the third volume in a trilogy on gender issues in legal occupations. An overview of Women in the World ’ s Legal Professions (Schultz and Shaw 2003) was followed by Gender and Judging (Schultz and Shaw 2013), finally to be completed by this study on women teachers of law. All three books have been published by Hart Publishing, to whom we are grateful for their unceasing support over so many years. Our thanks also go to the International Institute for the Sociology of Law for facilitating the inclusion of all three volumes in their O ñ ati Socio-Legal …

From The Editors, Ezra Rosser, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

Although this issue arrives on desks roughly two years after the start of the coronavirus pandemic, it offers a degree of continuity with our usual fare concerning scholarship about legal education. Our next double-length issue will explore in depth matters of teaching modality, technology, and change connected with the ongoing pandemic. This issue offers fresh perspectives on matters of long-standing concern-line drawing, pro bono requirements, pedagogy, law student instruction of high school students, and bar exams. We found the articles, as well as the three book reviews that fill out this issue, to be engaging and insightful and we hope …

The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams

Articles in Law Reviews & Other Academic Journals

On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …

From Advocate To Party - Defenses For Lawyers Who Find Themselves In Litigation, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

Attorneys, like all professionals, face civil liability when their action or inaction causes harm to a client. When an attorney fails the client, the claim most often asserted, and the claim that is typically most appropriate, is a legal malpractice claim. A legal malpractice claim is based on negligence.' Thus, the elements of a legal malpractice claim are (1) a duty, (2) a breach of that duty, (3) the breach proximately caused injury to the plaintiff, and (4) damages occurred.

Still, attorneys find themselves in a different circumstance than the average litigant. An attorney is not responsible for the client's …

Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez

Presentations

Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.

Punished For Poverty, Andrew Rock

Criminal Law Practitioner

No abstract provided.

Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp

Arbitration Brief

No abstract provided.

When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest

Arbitration Brief

No abstract provided.

American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar

American University Business Law Review

No abstract provided.

Building Bridges: Examining Race And Privilege In Community Economic Development: Introductory Overview, Priya Baskaran

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède

Articles in Law Reviews & Other Academic Journals

This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these …

The Settlement Problem In Public Interest Law, Susan Carle

Articles in Law Reviews & Other Academic Journals

Public interest lawyers, of many types and political persuasions, play a vital role in pursuing '"public justice." For public interest (as for all) lawyers, settlement provides an important means of resolving cases. Yet a persisting ambivalence about case settlement in public interest law contributes to the difficulties public interest practitioners face in sustaining themselves in practice. Indeed, public interest lawyers identify case settlement as posing some of the most vexing legal ethics problems they routinely confront.

The trouble often stems from the fact that, in public interest law where clients do not pay for legal services, the economic incentives that …

Ethics And The History Of Social Movement Lawyering, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran

Articles in Law Reviews & Other Academic Journals

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …

Narrative Understanding: Revisiting The Stories Of Lay Lawyering, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

This article examines the tentative beginnings of Gerald Lopez's decades-long project of using storytelling as a method to describe, understand, and analyze the work of lawyers. It evaluates his 1984 article, Lay Lawyering, for its contributions to the development of narrative as a descriptive, explanatory, and critical device for compre­hending the complex and fraught work of lawyers. It begins with a detailed critique of the four parts of Lay Lawyering. In the article, Lopez first identifies problem solving and stock stories as the key concepts defining the work of the lawyer and then tells three stories from three perspectives about …

A Deadly Pair: Conflicts Of Interest Between Death Investigators And Prosecutors, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

As an inevitable fact of life, death is a mysterious specter looming over us as we move through the world. It consumes our literature, religions, and social dialogues — the death of a prominent figure can change policies and perceptions about our approaches to many problems. Given death’s significance, it is reasonable to try to understand causes of death generally, as well as on a case-by-case basis. While scholars and mourners attempt to answer the philosophical questions about death, the practical and technical questions are typically answered by death investigators. Death investigators attempt to decipher the circumstances surrounding suspicious and …

A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings

Articles in Law Reviews & Other Academic Journals

This essay takes a new look at legal ethics issues salient to "movement lawyers" who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement lawyers work in collaboration with mobilized social movement groups, though not always in traditional lawyer-client relationships. As this analysis reveals, contemporary movements employ a sophisticated array of strategies, which may pull lawyers away from traditional representation paradigms. We argue that the legal ethics literature on movement lawyering must …

Preparing For The Law Library Of The Future: Required Reading, Shannon M. Roddy

Newsletters & Other Publications

Law Library Lights, vol. 60, issue 3

Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles

The Modern American

No abstract provided.

Experiential Learning And Assessment In The Era Of Donald Trump, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and list-serv activity to prepare to implement these standards effectively. Missing from the dialogue about effective implementation of standards has been thoughtful consideration of how implementing these requirements will intersect with the challenges, realities, opportunities, and complexities of political divisiveness and polarization so prevalent in society and university campuses today.

Law schools are notably implementing these pedagogical …

How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.