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Full-Text Articles in Law
The Fully Formed Lawyer: Why Law Schools Should Require Public Service To Better Prepare Students For Private Practice, Sara Rankin
Faculty Articles
It is now commonly accepted that law schools are graduating students who are under-prepared for practice in the real world. In other words, students that perform adequately in the classroom seem to struggle or suffer — to an unnecessary degree — when they enter practice. It is as though law schools are graduating inchoate or “partially-formed” lawyers, who demonstrate classroom fluency but lack meaningful ability to grapple with the wrinkles and complexity of real-world practice. This article argues that to create practice-ready or “fully formed” lawyers, law schools should reform to prioritize hands-on training in public service. It may seem …
Clinical Faculty In The Legal Academy: Hiring, Promotion, And Retention , Bryan L. Adamson, Calvin Pang, Bradford Colbert, Kathy Hessler, Katherine Kruse, Robert Kuehn, Mary Helen Mcneal, David Santacroce
Clinical Faculty In The Legal Academy: Hiring, Promotion, And Retention , Bryan L. Adamson, Calvin Pang, Bradford Colbert, Kathy Hessler, Katherine Kruse, Robert Kuehn, Mary Helen Mcneal, David Santacroce
Faculty Articles
No abstract provided.
Unbound By Law: Keith Aoki As Our Avatar, Steven W. Bender, Ibrahim J. Gassama
Unbound By Law: Keith Aoki As Our Avatar, Steven W. Bender, Ibrahim J. Gassama
Faculty Articles
Introducing the memorial symposium in the Oregon Law Review for the late Professor Keith Aoki, who taught at Oregon from 1993 to 2006, we frame the contributions of invited scholars who address Keith’s impact on the law and legal academy through his prolific work on diverse areas of law — intellectual property, local government, critical geography, Asian American jurisprudence, immigration and critical Latina/o jurisprudence. Collectively, the pieces evidence a scholar armed with an unwavering commitment to critical analysis and social justice, while wielding a vast array of cultural and intellectual influences from his career as an artist. Given Keith’s legacy …
Un-Apologizing For Context And Experience In Legal Education, John Mckay
Un-Apologizing For Context And Experience In Legal Education, John Mckay
Faculty Articles
This Essay accompanies the Fifth Annual Symposium at Creighton University School of Law addressing the rapidly changing legal profession and our not-so-rapidly changing legal education and law school pedagogy. The Symposium's focus on the changing practice of law provides an opportunity to reconsider the woefully incomplete effort by law schools to respond to the challenge of the Carnegie Report and its many preceding critics. Rather than merely pile on, however, this Essay suggests that Jesuit law schools in particular might have something to offer their colleagues-an experiential teaching style grounded in centuries old pedagogy inspired by the founder of the …
Recent Writing On Law And Happiness, Richard Delgado
Recent Writing On Law And Happiness, Richard Delgado
Faculty Articles
In the course of a review of recent books on the hedonic level of lawyers' lives, Professor Richard Delgado puts forward an explanation for the high rate of stress, anxiety, depression, and burnout among lawyers. Professor Delgado examines suggestions of leading authorities on how attorneys may achieve happiness, usually through extrinsic measures such as more vacations, exercise, or meditation. He also considers proposals on how supervisors can make legal workers more content, including more art work for the walls, windows with leafy outlooks, a basketball court, or more praise. Professor Delgado specifically criticizes the teachings of positive psychology, explaining that …
Painting Beyond The Numbers: The Art Of Providing Access In Law School Admissions To Ensure Full Representation In The Profession, Paula Lustbader
Painting Beyond The Numbers: The Art Of Providing Access In Law School Admissions To Ensure Full Representation In The Profession, Paula Lustbader
Faculty Articles
No abstract provided.
From Both Sides Now: The Job Talk’S Role In Matching Candidates With Law Schools, Anne Enquist, Paula Lustbader, John B. Mitchell
From Both Sides Now: The Job Talk’S Role In Matching Candidates With Law Schools, Anne Enquist, Paula Lustbader, John B. Mitchell
Faculty Articles
In the heavily competitive law school teaching job market, the so-called “job talk” has assumed increasing importance in the ultimate hiring decision. Nevertheless, there is little published information to assist a law school faculty in structuring or evaluating the job talk and a similar paucity of information for candidates to guide them in creating and preparing for the presentation of their talk. This article is intended to fill that void. The article guides the preparation of faculty and candidates for both the job talk itself and for the crucial Q&A period that follows the talk. The article represents the authors’ …
Be Professional!, Dean Spade
Be Professional!, Dean Spade
Faculty Articles
In 2010, the Harvard Journal of Law and Gender published a series of letters between Adrienne Davis and Bob Chang entitled, "Making Up Is Hard to Do: Race/Gender/Sexual Orientation in the Law School Classroom," along with three response pieces by Adele Morrison, Darren Rosenblum and Dean Spade. "Be Professional!" is written in letter form like "Making Up Is Hard to Do" and discusses Spade's experience becoming and being a trans law professor, as well as broader questions about activism, academia, professionalism and the neo-liberal academy.
Lawyering And Learning In Problem-Solving Courts, Paul Holland
Lawyering And Learning In Problem-Solving Courts, Paul Holland
Faculty Articles
The introduction of Drug Courts and other problem-solving courts has brought significant change to the American criminal justice system. This change has required lawyers working in these courts to re-examine their role and to re-consider and re-calibrate the nature of their interactions and relationships with their clients and all of the other actors in the system. This article looks beyond the rhetorically charged debate that has marked these changes and offers instead a close examination of the actual experience of lawyers, judges, and most importantly, defendant-participants, in these courts. This examination demonstrates that many of the traditional values embedded in …
Sharing Stories: Narrative Lawyering In Bench Trials, Paul Holland
Sharing Stories: Narrative Lawyering In Bench Trials, Paul Holland
Faculty Articles
Narrative lawyering theorists have demonstrated the ways in which the dynamics of stories affect the way lawyers deliver and jurors receive messages within trial. However, relatively little attention has been paid to the distinctive ways in which stories are developed in bench trials. Examining three roughly contemporaneous bench trials, this Article illuminates how this trial format requires lawyers to be both performers and audience, alternating roles frequently, sometimes within the span of a breath or a gesture. The availability of feedback to the lawyer and the possibility of direct intervention by the fact-finder produce a stark contrast to what lawyers …
Storytelling, Narrative Rationality, And Legal Persuasion, Chris Rideout
Storytelling, Narrative Rationality, And Legal Persuasion, Chris Rideout
Faculty Articles
Professor Chris Rideout has long been interested in persuasion, and for many years he has included theories of persuasion in an advanced legal writing seminar that he teaches. He always asks his students the same question—“what persuades in the law?”—and after looking at different theories of persuasion, they then develop their own theory of legal persuasion. When he first taught the course, he had in mind rhetorical models of persuasion, starting with Aristotle and Cicero and moving toward more contemporary rhetorical work. Very quickly, however, he had to add narrative models of persuasion, plus a second question—“what is it about …
Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark
Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark
Faculty Articles
To celebrate the 25th anniversary of the publication of Gary Bellow's and Bea Moulton's The Lawyering Process, this essay consists of eleven letters and postcards about how The Lawyering Process inspired the writing of the authors’ books - Pretrial Advocacy: Planning, Analysis & Strategy and Trial Advocacy: Planning, Analysis & Strategy. Alas, this correspondence is imaginary because that exchange of ideas did not take place. This method was inspired by the medieval letters of Abelard and Heloise and the modern-day fictional postcards and letters of Griffin and Sabine. Tracing the evolution of their thoughts from first reading the Bellow and …
A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon
A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon
Faculty Articles
The articles in this Symposium tribute to Judge A. Leon Higginbotham Jr. emphasize his mentoring as well as his message. This demonstrates that one of the Judge's most important legacies was his "people legacy"—his continual training of the next generation of leaders in ways that would keep alive the more than four-hundred-year-long struggle of American racial justice. The Judge also had a distinct vison of American law, the vision of "we the people” of self-evident truths that "all men are created equal." His second vision was that of "we the people of color," the one that is symbolized by the …
Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson
Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson
Faculty Articles
The ABA Journal presents women in the legal system in a similar fashion to the presentation of women in the journals of other professions. Women are portrayed in traditional sex roles, they are pictured passively and they are often shown negatively as victims. In the volumes the authors studied, they found that the numbers of images of attorneys, judges and professors were not proportionate to the number of men and women in the legal profession. Moreover, the ABA Journal predominantly displayed women as dependent on their male counterparts. The authors also found instances where the ABA Journal portrayed women as …
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Faculty Articles
Undergraduate institutions, on their own and in partnership with law schools, can and should play a more significant role in expanding the pool of law school applicants from non-traditional backgrounds. The Law and Diversity Program at Western Washington University was conceived out of this desire to prepare non-traditional students for the study of law and thereby help bring more diversity to the legal profession. This article discusses the model used by the Law and Diversity Program to prepare non-traditional students for law school and the program's success in accomplishing its goals. It was the hope of the author to create …
On Seeing Chinese Law From A Chinese Point Of View: An Appreciative Look At The Scholarly Career Of Professor William Jones, Janet Ainsworth
On Seeing Chinese Law From A Chinese Point Of View: An Appreciative Look At The Scholarly Career Of Professor William Jones, Janet Ainsworth
Faculty Articles
In this appreciative review, Professor William Jones's work is used to demonstrate that sensitivity to issues of methodology are indispensable for comparative law scholars. Professor Jones's work is valuable because (1) it is marked both by an awareness of the methodological difficulties faced by the comparativist and a confidence that it is nonetheless possible to transcend these difficulties and (2) it makes a meaningful contribution to the development of an understanding of a foreign legal order. The article concludes by stating that Professor Jones's work will influence future generations of scholars trying to answer the why, what, and how of …
Jacques Of All Trades: Derrida, Lacan, And The Commercial Lawyer, Sidney Delong
Jacques Of All Trades: Derrida, Lacan, And The Commercial Lawyer, Sidney Delong
Faculty Articles
Professor DeLong’s article provides humorous advice for legal professors on how to apply deconstructionist and post-Freudian theory to commercial law classes. Professor DeLong explains that the key to the successful integration of postmodern thought into your own scholarship is stunningly simple: all you have to do is not care whether you really get it right. He describes how you too will soon be turning out articles like "The Social Construction of Cowness in the Packers and Stockyards Act," or "Silencing the Lambs: Narratives of Loss and Evisceration in the Packers and Stockyards Act," or "Cattle Prods and Cutting Pens: A …
Woman's Ghetto Within The Legal Profession, Marilyn Berger, Kari A. Robinson
Woman's Ghetto Within The Legal Profession, Marilyn Berger, Kari A. Robinson
Faculty Articles
In this article, we explore how the historical, stereotypical images of women as the timid, delicate caretaker shaped and continue to shape women's roles in the work force. As women entered the workplace, they became nurses, not doctors; dental hygienists, not dentists; paralegals, not lawyers; and kindergarten teachers, not university professors. This pattern persists today. We examine the professions to show how women's nurturing caretaker image has resulted in special niches within the professions, positions which perpetuate women in caretaker roles. Specifically, we examine the legal profession and probe the contemporary barricades erected to channel women into positions that fulfill …
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Faculty Articles
Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.
Tribute To Andrew Walkover, John Mitchell
Tribute To Andrew Walkover, John Mitchell
Faculty Articles
Tribute to Professor Andrew Walkover 1949-1988.
Tribute To Andrew Walkover, James E. Bond
Tribute To Andrew Walkover, James E. Bond
Faculty Articles
In a tribute to Andrew Walkover, Dean James Bond revisits the first meeting he had with Professor Walkover. Dean Bond’s impression of Professor Walkover, with whom he worked for six months, was that he had a marvelous sense of humor, a shrewd insight into other people's motivations, and a detached sense of compassion. He delighted in personalities and politics, and his colleagues delighted in him.
Memorial To Professor Andrew Walkover, Paula Lustbader
Memorial To Professor Andrew Walkover, Paula Lustbader
Faculty Articles
Tribute to Professor Andrew Walkover 1949-1988.
Tribute To Andrew Walkover, Christopher Rideout
Tribute To Andrew Walkover, Christopher Rideout
Faculty Articles
Tribute to Professor Andrew Walkover 1949-1988.
The Future Of Liberal Legal Scholarship, David Skover, Ronald Collins
The Future Of Liberal Legal Scholarship, David Skover, Ronald Collins
Faculty Articles
Earl Warren is dead. A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed. The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." The author’s present their views as a commentary to emphasize their preliminary character; they represent thier current assessment of where liberals stand and where they might redirect their energies. In Part I, they outline the reasons for believing that there …