Law Commons^™

Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray

Faculty Scholarship

No abstract provided.

Inclusivity In Admissions And Retention Of Diverse Students: Leadership Determines Dei Success, Danielle M. Conway, Bekah Saidman-Krauss, Rebecca Schreiber

Faculty Scholarly Works

Penn State Dickinson Law has been leading with an Antiracist admissions philosophy and corresponding plans for implementation before the COVID-19 pandemic of 2020. Arguably, this approach to diversity, equity, and inclusion (DEI)was not identified explicitly as a vision priority for the law school until July 2019, when Dickinson Law welcomed Danielle M. Conway as the first Black Dean and first woman Dean in the law school’s 186-year history. Dean Conway outlined four vision priorities to accomplish within her first five years at Dickinson Law. Vision priority number two calls upon the law school’s administrators to move the needle substantially on …

Dean's Perspective: The Bar Exam: It's Time For Indiana To Adopt A Uniform Bar Exam, Austen L. Parrish

Articles by Maurer Faculty

For most of us, the Bar Exam conjures up memories of grueling prep courses, intensive studying, and a couple of long days of exhaustive tests. In a way, the exam is the final rite of passage from law student to law practitioner. The exam is intended to test minimal professional competency, evaluating an applicant's legal reasoning and ability to apply general legal principles to various fact patterns.

Recently, bar exams throughout the United States have come under scrutiny. Nationwide pass rates have declined significantly. The same has been true for Indiana. Even though pass rates for first-time takers at the …

The 'Other' Market, Cody Jacobs

Faculty Scholarship

The hiring market for tenure-track non–legal writing positions is a world unto itself with its own lingo (i.e., “meat market” and “FAR form”), its own unwritten rules (i.e., “Do not have two first-year courses in your preferred teaching package.”), and carefully calibrated expectations for candidates and schools with respect to the process and timing of hiring. These norms and expectations are disseminated to the participants in this market through a relatively well-established set of feeder fellowships, visiting assistant professor programs, elite law schools, blogs, and academic literature on the subject.

But there is another market that goes on every year …

Mindsets In Legal Education, Victor D. Quintanilla, Sam Erman

Articles by Maurer Faculty

If you teach 1Ls, you may share the following concern. At the start of each year, we meet enthusiastic and successful students who are passionate about law. They arrive on campus invested in learning, ready to work hard, and eager to participate in class. But trouble brews soon thereafter. Students worry whether they have what it takes to do well, whether they will fit in, and whether they belong in law school. Answering questions in class, many sense (rightly or wrongly) that their professors and peers think that they aren’t smart and that they will not do well. When they …

The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson

Articles by Maurer Faculty

"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."

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You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.

The next line reads, “I’m thinking about going to law school.”

Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?

Whatever your counsel, …

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

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Pink Ghetto Pipeline: Challenges & Opportunities For Women In Legal Education, Renee N. Allen, Alicia Jackson

Journal Publications

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.

The term coined for positions typically held by women is "pink ghetto." According to the Department of Labor, pink-collar-worker describes jobs …

Not For Free: Exploring The Collateral Costs Of Diversity In Legal Education, Spearit

Articles

This essay examines some of the institutional costs of achieving a more diverse law student body. In recent decades, there has been growing support for diversity initiatives in education, and the legal academy is no exception. Yet for most law schools, diversity remains an elusive goal, some of which is the result of problems with anticipating the needs of diverse students and being able to deliver. These are some of the unseen or hidden costs associated with achieving greater diversity. Both law schools and the legal profession remain relatively stratified by race, which is an ongoing legacy of legal education’s …

The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer

Faculty Works

This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.

Winning! 5 Key Strategies For An Effective Conference Presentation, Renee N. Allen, Alicia Jackson

Journal Publications

With all of the hard work and thoughtfulness devoted to planning for conference presentations, it is safe to say, everyone wants a winning presentation! The five key strategies for developing an effective presentation are (1) proper planning, (2) work backwards when designing your presentation, (3) diversify your delivery methods, (4) engage your audience, and (5) provide takeaways.

Rock, Paper Scissors…Loot!, Michael A. Mogill

Faculty Scholarly Works

No abstract provided.

Dean's Desk: A Troubling Focus By The Aba On The Bar Exam, Austen Parrish

Austen Parrish (2014-2022)

No abstract provided.

#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster

Articles in Law Reviews & Other Academic Journals

Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …

Lawyers At Work: A Study Of The Reading, Writing, And Communication Practices Of Legal Professionals, Ann N. Sinsheimer, David J. Herring

Articles

This paper reports the results of a three-year ethnographic study of attorneys in the workplace. The authors applied ethnographic methods to identify how junior associates in law firm settings engaged in reading and writing tasks in their daily practice. The authors were able to identify the types of texts junior associates encountered in the workplace and to isolate the strategies these attorneys used to read and compose texts.

The findings suggest that lawyering is fundamentally about reading. The attorneys observed for this study read constantly, encountering a large variety of texts and engaging in many styles of reading, including close …

Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Harold J. Krent), Gary S. Laser

All Faculty Scholarship

No abstract provided.

Dean's Desk: Stewart Fellows Bring Global Experience To Indiana, Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Faculty Scholarly Works

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …

Iu Maurer School Of Law Creates Scholarship, Mentoring Programs With 4 Colleges, Mj Slaby

Austen Parrish (2014-2022)

No abstract provided.

Iu Maurer Dean Builds Relationships Beyond The Law School, Mary Odendahl

Austen Parrish (2014-2022)

No abstract provided.

What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle

Articles in Law Reviews & Other Academic Journals

Discusses legal employment and salary and how legal education can address the current market.

Dean's Desk: Third Year Offers Students Opportunity To Define, Hone Skills, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

Law Clinics And Lobbying Restrictions, Marcy L. Karin, Kevin Barry

Journal Articles

“Can law school clinics lobby?” This question has plagued professors for decades but has gone unanswered, until now. This Article situates law school clinics within the labyrinthine law of lobbying restrictions and concludes that clinics may indeed lobby. For ethical, pedagogical, and, ultimately, practical reasons, it is critical that professors who teach in clinics understand these restrictions. This Article offers advice to professors and students on safely navigating this complicated terrain.

A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik Knutsen, Carla Crifo', Camille Cameron

Articles, Book Chapters, & Popular Press

This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …

A Blueprint For Change, William D. Henderson

Articles by Maurer Faculty

This Article discusses the financial viability of law schools in the face of massive structural changes now occurring within the legal industry. It then offers a blueprint for change – a realistic way for law schools to retool themselves in an attempt to provide our students with high quality professional employment in a rapidly changing world. Because no institution can instantaneously reinvent itself, a key element of my proposal is the “12% solution.” Approximately 12% of faculty members take the lead on building a competency-based curriculum that is designed to accelerate the development of valuable skills and behaviors prized by …

Transnational Legal Practice (United States), Laurel S. Terry

Faculty Scholarly Works

This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …

Pro Bono Projects Broaden Opportunities, Instill Values, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Dean's Desk: Effective Legal Education Depends On Strong Partnerships, Hannah Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

At least since the 1960s, a “‘two cultures’ phenomenon” has become quite apparent within the legal field in the United States. On one hand, some lawyers, usually those within the university, have been more academically oriented, and, on the other hand, other lawyers, usually those in legal practice or sitting on the bench, have been more pragmatically oriented. Problems arise when these two groups begin to talk differently from each other. In a way, the field of law has developed into at least two different legal professions, and, not surprisingly, scholars and practitioners have experienced tension because of this situation. …