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Full-Text Articles in Law

A Critique Of The Aals Hiring Process, Allen R. Kamp Oct 2008

A Critique Of The Aals Hiring Process, Allen R. Kamp

Allen R. Kamp

The article citiques the process of hiring professors in legal academia.


"The Lord Speaks Through Me": Moving Beyond Conventional Law School Pedagogy And The Reasons For Doing So, Robert C. Schehr Aug 2008

"The Lord Speaks Through Me": Moving Beyond Conventional Law School Pedagogy And The Reasons For Doing So, Robert C. Schehr

Robert C. Schehr

ABSTRACT Maintenance of status quo law school curricular design and delivery, along with the continued marginalization of live client clinic programs, and the discordant objectives of law schools as compared to the expectations of Bar passage, serve to stifle the role of juridic practitioners in the service of justice. Decades of careful scholarship regarding the problems associated with the quality of legal education have repeatedly called for curricular revisions that should enhance the knowledge and skill base of graduates, develop their level of preparedness to actually serve in the profession, and demonstrate care for students. And while there has been …


Of Authorship And Audacity: An Empirical Study Of Gender Disparity And Privilege In The “Top Ten” Law Reviews, Minna J. Kotkin Aug 2008

Of Authorship And Audacity: An Empirical Study Of Gender Disparity And Privilege In The “Top Ten” Law Reviews, Minna J. Kotkin

Minna J. Kotkin

In today’s law schools, article placement is a significant consideration in hiring, promotion, tenure, and lateral mobility. This article analyzes authorship by gender and home school “privilege” in 15 law reviews (the “top ten”) over a three year period. It compares these data with the gender composition of the professoriate and of the 15 schools’ faculties, using Association of American Law Schools and American Bar Association statistics. The mean percentage of articles authored by one or more women (and no men) is 20.3. Nationally, women comprise 31% of the tenured/tenure-track professoriate and 28.3% at the 15 schools. At the associate …


Rankings: A Dramatization Of The Incentives Created By Ranking Law Schools, Jeff Sovern Jun 2008

Rankings: A Dramatization Of The Incentives Created By Ranking Law Schools, Jeff Sovern

Jeff Sovern

Rankings: A Dramatization of the Incentives Created by Ranking Law Schools Sellers in a competitive market shift resources from attributes buyers don't care about to attributes buyers do care about. In markets in which buyers rely on imperfect signals for quality, sellers move resources away from improving the quality of their product to enhancing the illusion of quality. For example, before freshness dating, when consumers tested the freshness of bread by squeezing it, bakers reportedly added chemicals to bread to preserve its softness longer, thereby creating the illusion of freshness. Similarly, law school rankings encourage schools to shift resources away …


The Political Economy Of Legal Education And Legal Pracitce: Judicial Globalization And The Establishment Of American Style Law Schools In Japan, Hidetoshi Hashimoto Apr 2008

The Political Economy Of Legal Education And Legal Pracitce: Judicial Globalization And The Establishment Of American Style Law Schools In Japan, Hidetoshi Hashimoto

Hidetoshi Hashimoto

This article analyzes recent legal reform in Japan, specifically focuses the establishment of American style law schools. The article examines current legal education, the National Bar Examination, rationale for legal reform, recommendations of the Judicial Reform Council, new law schools, law school admission, law school curriculum, the new bar examination, apprenticeship training and practicing law in Japan. The attempt of legal reform is in response to demand for greater citizen participation in judicial process in Japan but also to judicial globalization. The author stresses that the judicial reform must be made in such a way that it guarantees judicial independence.


Kuwait University, Civil Law And The Internet: Genesis Of A Dedicated Civil Law-Teaching Website (Being A Unesco Cited Project), Mashael Alhajeri Jan 2008

Kuwait University, Civil Law And The Internet: Genesis Of A Dedicated Civil Law-Teaching Website (Being A Unesco Cited Project), Mashael Alhajeri

Mashael Alhajeri

No abstract provided.


Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder Jan 2008

Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder

Nancy Levit

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …


Discusiones Sobre La Educación Legal: ¿Cuál Es La Puerta De Entrada?, Jorge Gonzalez-Jacome Jan 2008

Discusiones Sobre La Educación Legal: ¿Cuál Es La Puerta De Entrada?, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

Considero que hay diferentes puntos de entrada al tema de la educación legal (o jurídica). Este artículo hace un mapa sobre 4 propuestas en el marco de la educación legal que más me interesan y que se han presentado de manera constante durante los últimos cincuenta años en diferentes latitudes. En ese sentido, lo que a continuación ofrezco es una guía de algunas de las escuelas jurídicas que, en su momento, han realizado una crítica a la educación legal imperante en su contexto. Al final de la exposición de ellas plantearé una reflexión que creo útil para el estado actual …


The Reception Of Hans Kelsen's Legal Theory In The United States: A Sociological Model, D. A. Jeremy Telman Jan 2008

The Reception Of Hans Kelsen's Legal Theory In The United States: A Sociological Model, D. A. Jeremy Telman

D. A. Jeremy Telman

The Essay explores the reasons underlying opposition to Hans Kelsen's approach to the law within the U.S. legal academy. The vehemence with which legal scholars within the United States rejected Kelsen's philosophy of law is best understood as a product of numerous factors, some philosophical, some political and some having to do with professional developments within the legal academy itself. Because philosophical and political opposition to Kelsen's legal philosophy has been well-explored in earlier articles, this Essay discusses those topics briefly in Part I and then sets out in Part II a sociological model that grounds the academy's rejection of …