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Full-Text Articles in Law

Law School Never Stops, Robert L. Clare Jan 1980

Law School Never Stops, Robert L. Clare

Cleveland State Law Review

In the past, law school graduates were molded into lawyers through along period of training. However, the modern legal community - law firms, law staffs of corporations and government agencies, bar associations, continuing legal education institutes and law schools - has begun to implement a whole new philosophy of legal training predicated upon the direct teaching of legal practice skills rather than the experience orientated process.


Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko Jan 1980

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko

Cleveland State Law Review

The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …


Prefatory Remark, Robert B. Mckay Jan 1980

Prefatory Remark, Robert B. Mckay

Cleveland State Law Review

Does clinical legal education meet the test of necessity? An affirmative answer is here suggested for the following reasons. First, skills training is an important adjunct to analytical training and is nowhere better provided than in appropriately designed clinical programs. Second, neither students nor prospective employers should be satisfied with a legal education that omits reference to the practical world of skills training. Third, contrary to the common belief of earlier generations, skills training can be better accomplished through the systematic training programs of the law schools than through the more haphazard training of law firms and other law offices.


Professional Responsibility Of A Law Teachers, Norman Redlich Jan 1980

Professional Responsibility Of A Law Teachers, Norman Redlich

Cleveland State Law Review

What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …


Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt Jan 1980

Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt

Cleveland State Law Review

As chairman of the Devitt Committee I was exposed to a wide range of views concerning the issue of the quality of trial advocacy in this country's courts. That experience made apparent the seriousness of the problem of inadequate trial advocacy and the necessity for appropriate remedies. The cure for this lies primarily with the law schools. What is needed is a fundamental change in attitude among American law schools. This commentary will establish that these pragmatic views have the support of logic, history and the available hard evidence.


The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz Jan 1980

The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz

Cleveland State Law Review

The central thesis of this commentary is that clinical methodology is sound theoretically, as it provides a necessary and vital complement to other modes of legal education, but that the exciting potential of this method will not be realized so long as law school clinical programs rely primarily on "live client" cases to teach their students. Because the live client model is used extensively in clinical programs, this commentary will assess that model of clinical education by seeking to identify the problems associated with maintaining a law office in the law school environment. Particular attention will be given to the …


Clinical Legal Education: The Case Against Separatism, Frank W. Munger Jan 1980

Clinical Legal Education: The Case Against Separatism, Frank W. Munger

Cleveland State Law Review

In this article I attempt to support my conclusion that the future of clinical education lies in its contributions to the classroom, rather than in its function as an independent source of training. This last phase of the clinical movement is the most important, and will constitute the greatest contribution of clinicians to legal education. I will argue that the concerns of clinicians have stimulated the soundest recent thinking about improvements in legal education, and that, therefore, clinics should be used to develop innovations in teaching which can be applied to the traditional classroom. If my arguments are valid, then …


Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review Jan 1980

Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes Jan 1980

Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes

Cleveland State Law Review

Having practiced for many years before becoming a law professor, the author felt compelled to look at the problem of how to integrate practical training into traditional methods for teaching law. It was soon evident that the solution could not be found if one took a pejorative attitude, dwelling on negative terminology such as "anti-intellectualism," but only if it was recognized that law study has little meaning without a concurrent study of its practice. This commentary will propose a mode for accomplishing this integration.


Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis Jan 1980

Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis

Cleveland State Law Review

For the past decade we have been engaged in developing the Yale Law School clinical program. From time to time academic colleagues, practicing lawyers, and even non-lawyers have asked what we do. Until we were invited to do so, however, we never could bring ourselves to put down on paper some of our thoughts about legal education in general, and clinical legal education in particular, gleaned from years of working in the field. These notes represent a beginning in that direction.


Selected Summaries Of Law School Clinical Programs, Cleveland State Law Review Jan 1980

Selected Summaries Of Law School Clinical Programs, Cleveland State Law Review

Cleveland State Law Review

These summaries are based on the 1980 funded Title XI abstracts on file with the U.S. Department of Education. They are not intended to include all clinical programs, but rather it is a representative sample to be used to compare and evaluate one's own clinical programs.


Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish Jan 1980

Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish

Cleveland State Law Review

In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.


The Professor As Manager In The Academic Enterprise, Stephen R. Ripps Jan 1980

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …


The Professor As Manager In The Academic Enterprise, Stephen R. Ripps Jan 1980

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …


Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish Jan 1980

Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish

Cleveland State Law Review

In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.


Prefatory Remark, Rose Elizabeth Bird Jan 1980

Prefatory Remark, Rose Elizabeth Bird

Cleveland State Law Review

If legal education is to retain its relevance, a clinical component is essential. The law students, the law schools, the profession, and the public can only benefit from its growth and development.


Prefatory Remark, Robert L. Bogomolny Jan 1980

Prefatory Remark, Robert L. Bogomolny

Cleveland State Law Review

It is the legacy of CLEPR that the continuation of clinical legal education is now assured despite the financial hard times apparently facing the nation's law schools. Some years from now, people will review the period of development of the clinical movement in the United States and find it an example where foundation money guided by effective leadership helped facilitate a major development in law schools in the United States.


Dedication, Cleveland State Law Review Jan 1980

Dedication, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.


Prefatory Remark, Louis M. Brown Jan 1980

Prefatory Remark, Louis M. Brown

Cleveland State Law Review

The Devitt Committee Report recommends that the American Bar Association re-examine its accreditation standards with a view towards requiring each law school to provide trial advocacy training. In my opinion, it is improper to emphasize trial advocacy to the exclusion of other means of solving disputes. The Devitt Report gives not the slightest hint of or reference to negotiated settlements, arbitration or mediation as methods to assist in settling disagreements. The Committee, by apparently accepting without dissent the Report's stated objective, ignored the broader social purposes to be served by requiring law schools to emphasize skills training in general.


Prefatory Remark, Howard H. Baker Jr. Jan 1980

Prefatory Remark, Howard H. Baker Jr.

Cleveland State Law Review

I am honored to have been invited to offer some brief remarks on the problems and challenges confronting American legal education. As a lawyer and legislator, I have seen both the strengths and weaknesses of our legal system, and I believe that some changes may well be in order if we are to address successfully the challenges that lie ahead.


Prefatory Remark, John M. Ferren Jan 1980

Prefatory Remark, John M. Ferren

Cleveland State Law Review

Bill Pincus, therefore, has had a vision. He has been steadfast. He has been substantially responsible for a major, new direction in legal education. He will continue to nourish it. There are few - very few - about whom this much can be said.


The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger Jan 1980

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger

Cleveland State Law Review

My thesis is simple and straightforward. Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school.


Prefatory Remark, Dorothy W. Nelson Jan 1980

Prefatory Remark, Dorothy W. Nelson

Cleveland State Law Review

There are three prime roles the trial judge should play in clinical legal education: (1) to become involved with the education of the students, (2) to engage with students in a vigorous examination of the judicial process, and (3) to examine critically the educational process in the law schools and its relationship to the courts.


Prefatory Remark, William Pincus Jan 1980

Prefatory Remark, William Pincus

Cleveland State Law Review

Clinical legal education actually is severely restricted and discriminated against by law school faculties. I know that if special attention is not given to clinical legal education in the foreseeable future it is likely that clinics in the law schools will continue to be a fringe activity without recognition of their educational value and importance, and that clinics will eventually decline in numbers and significance from their present status.


The Search For Good Lawyering: A Concept And Model Of Lawyering Competencies, H. Russell Cort, Jack L. Sammons Jan 1980

The Search For Good Lawyering: A Concept And Model Of Lawyering Competencies, H. Russell Cort, Jack L. Sammons

Cleveland State Law Review

Every task performed by a lawyer can be analyzed and evaluated as a manifestation of that lawyer's underlying abilities. A system for analyzing these tasks, when conducted in a valid and consistent manner, could eventually result in the creation of standards for all legal education, ranging from teaching methods and curriculum design to questions of student retention and lawyer certification. The Competency-Based Task Force of the Antioch School of Law has been working on such a system for six years and believes that a workable model has been developed. The purpose of this article is to describe and explain that …


The Legacy Of Clinical Education: Theories About Lawyering, Carrie Menkel-Meadow Jan 1980

The Legacy Of Clinical Education: Theories About Lawyering, Carrie Menkel-Meadow

Cleveland State Law Review

This article will examine some of the various schools of thought about what lawyers do. It is offered as a commentary on the beginning of a philosophy or sociology of lawyering that is derived from the clinical movement which will survive long after the pedagogical and political disputes about clinical methodology have been resolved. This is a subjective study which incorporates my own interpretations of the concepts of the various schools of thought. I describe the approaches to or theories about lawyering and their "creators" as I know them, recognizing that some major theories, schools and people may not for …


Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway Jan 1980

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Cleveland State Law Review

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …


A.A.L.S. Clinical Legal Education Panel: Evaluation And Assessment Of Student Performance In A Clinical Setting, H. Russell Cort, Jack L. Sammons, Robert S. Catz, Ralph S. Tyler, Terence J. Anderson Jan 1980

A.A.L.S. Clinical Legal Education Panel: Evaluation And Assessment Of Student Performance In A Clinical Setting, H. Russell Cort, Jack L. Sammons, Robert S. Catz, Ralph S. Tyler, Terence J. Anderson

Cleveland State Law Review

This article is adapted from a panel discussion held under the auspices of the Section on Clinical Legal Education of the Association of American Law Schools, presented at the annual meeting in Phoenix, Arizona on January 5, 1980. The participants were H. Russell Cort, Jack L. Sammons, Robert S. Catz, Ralph S. Tyler and Terence J. Anderson.


Clinical Legal Education From A Systems Perspective, Edgar S. Cahn Jan 1980

Clinical Legal Education From A Systems Perspective, Edgar S. Cahn

Cleveland State Law Review

This article seeks to address some of the consequences of choosing to make the imparting of lawyering competency a primary objective of legal education and utilizing a clinical methodology to accomplish that objective. My basic argument is that more is entailed than simply the addition of a clinic. In effect, one is talking about "system design." Regardless of the scale of that system, the emergence of competency criteria has direct applicability to the design and grading of final examinations in conventional classroom courses. The larger the scale of a clinic within a school's curriculum, the more significant the consequences for …