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Full-Text Articles in Law

Your Brain And Law School, Marybeth Herald Sep 2014

Your Brain And Law School, Marybeth Herald

Marybeth Herald

Building on the latest scientific research, Professor Marybeth Herald's practical yet entertaining book, "Your Brain and Law School" (Carolina Academic Press, 2014), offers law students a formula for success in law school, on the bar exam, and as practicing attorneys. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain’s basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks.

The first part of this book (the Introduction to which is available for free download …


Relationships Are King, Arnie Herz May 2014

Relationships Are King, Arnie Herz

Touro Law Review

No abstract provided.


And Now A Crisis In Legal Education, James E. Moliterno Jan 2014

And Now A Crisis In Legal Education, James E. Moliterno

Scholarly Articles

The current crisis in legal education coincides with a crisis in the practice of law. Law practice has changed as a result of technology, globalization, and economic pressures. The market for legal education's product, law graduates, have diminished. Law schools cannot remain the same in this environment. Except for a very small number of elite schools, those that do not adjust are at serious risk of failing.

An economic change has taken place against a system in which mostly corporate clients willingly paid for the training of beginners at major law firms. Law firms could absorb those costs if partners …


Experiential Education As Critical Pedagogy: Enhancing The Law School Experience, Spearit, Stephanie Ledesma Jan 2014

Experiential Education As Critical Pedagogy: Enhancing The Law School Experience, Spearit, Stephanie Ledesma

Articles

This article examines the shift to greater experiential education in law school through the lens of critical pedagogy. At its base, critical pedagogy is about devising more equitable methods of teaching, helping students develop consciousness of freedom, and helping them connect knowledge to power. The insights of critical pedagogy are valuable for a fuller understanding of experiential education and its potential to affect students in profound ways, particularly as a means of empowerment. Although this is an understudied area of pedagogical scholarship, power relations are at the heart of legal education. Critical pedagogy offers a frame for considering how experiential …


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Jan 2014

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Scholarly Works

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …


On Legal Scholarship, Danielle K. Citron, Robin West Jan 2014

On Legal Scholarship, Danielle K. Citron, Robin West

Shorter Faculty Works

Academic critics contend that legal scholarship is overly argumentative or too “normative,” simply stating what the law should be, as well as what the law is. It isn’t about pure scholarship’s pursuit of knowledge within the discipline of a recognized academic field. Critics from the bar and the judiciary proffer the opposite complaint: legal scholarship is too academic and not professional enough, enamored with fads, unmoored from any discipline and of little use to the practicing lawyer or sitting judge. Law schools’ legions of cost-conscious critics complain that paying high salaries to professors with low course loads drives up tuitions. …


Visions Of The Future Of (Legal) Education, Michael J. Madison Jan 2014

Visions Of The Future Of (Legal) Education, Michael J. Madison

Articles

One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.


Teaching Legal History Through Legal Skills., Howard Bromberg Jan 2014

Teaching Legal History Through Legal Skills., Howard Bromberg

Book Chapters

I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical skills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without distracting from other approaches, I framed this innovation as teaching legal history not to budding historians but to budding lawyers.