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Full-Text Articles in Law

Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert Oct 2008

Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Connecting Theory And Reality: Teaching Gideon And Indigent Defendants' Non-Right To Counsel At Bail, Douglas L. Colbert Oct 2008

Connecting Theory And Reality: Teaching Gideon And Indigent Defendants' Non-Right To Counsel At Bail, Douglas L. Colbert

Douglas L. Colbert

In my article, I critique criminal procedure textbooks' and law professors' limited treatment of the constitutional right to counsel at the bail stage. While explaining that casebook authors usually praise the Supreme Court's landmark decisions in Gideon v. Wainwright and Argersinger v. Hamlin for guaranteeing trial counsel to indigent state defendants, I suggest that they shed minimal light on Gideon's irrelevance to most state defendants when they first appear before a judicial officer. Reviewing leading criminal procedure casebooks, I demonstrate that it is the rare text which informs law students that accused defendants should not expect to find a defense …


Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed Sep 2008

Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed

Thomas J Reed

No abstract provided.


Blueprint For Teaching Skills In Practicum And Seminar Courses Using Technology, Andrea L. Johnson Sep 2008

Blueprint For Teaching Skills In Practicum And Seminar Courses Using Technology, Andrea L. Johnson

Andrea L Johnson

Abstract: “Blueprint for Teaching Skills in Practicum and Seminar Courses Using Technology” By Professor Andrea L. Johnson, alj@cwsl.edu California Western School of Law 225 Cedar St. San Diego, CA 92101 (619) 525-1474 This article focuses on how to teach skills in practicum and seminar courses using technology. The author conducted a Classroom Assessment Study (“Study”) with 126 students in Business Planning and Telecommunications between 2006-2008. Classroom Assessment is a concept in higher education that uses feedback from students about how they learn from different teaching methods to help them learn skills more effectively. The Study deconstructs the classroom experience using …


"Props" In The Law School Classroom: A Calendar For The Civil Procedure Course, Charles Rees Aug 2008

"Props" In The Law School Classroom: A Calendar For The Civil Procedure Course, Charles Rees

Charles A Rees

If, as Shakespeare said, "all the world's a stage," how can we instructors bring more drama to the law school classroom? In particular, how can "props" be used in a course, such as Civil Procedure, to improve learning and have fun? In my Civil Procedure course the "props" include characters from literature--Sherlock Holmes, Hamlet's graveyard scene with Yorick's skull, Alice in Wonderland meeting Tweedledum and Tweedledee, and a new superhero ("Leatherman"). I also use games-spelling bee, yo-yo, "Clue" boardgame, and crossword puzzle. There are articles of clothing--suitcase full of shoes, toga, and flip-flops; and costumes--Nixon mask, wigs, and motorcycle helmet. …


An Interdisciplinary Framework For Understanding And Cultivating Law Student Enthusiasm, Emily Zimmerman Aug 2008

An Interdisciplinary Framework For Understanding And Cultivating Law Student Enthusiasm, Emily Zimmerman

Emily Zimmerman

Anecdotal evidence abounds about the loss of enthusiasm experienced by law students. Law review articles too note this loss of enthusiasm and the demoralization of law students that occurs during their time in law school. However, although the loss of law student enthusiasm is frequently noted, little has been done to systematically analyze law student enthusiasm. Existing literature does not provide a definition of “law student enthusiasm” or a foundation of theory and research for understanding law student enthusiasm and its significance in legal education.

In an effort to fill the gap in our understanding of law student enthusiasm, this …


An Interdisciplinary Framework For Understanding And Cultivating Law Student Enthusiasm, Emily Zimmerman Aug 2008

An Interdisciplinary Framework For Understanding And Cultivating Law Student Enthusiasm, Emily Zimmerman

Emily Zimmerman

Anecdotal evidence abounds about the loss of enthusiasm experienced by law students. Law review articles too note this loss of enthusiasm and the demoralization of law students that occurs during their time in law school. However, although the loss of law student enthusiasm is frequently noted, little has been done to systematically analyze law student enthusiasm. Existing literature does not provide a definition of “law student enthusiasm” or a foundation of theory and research for understanding law student enthusiasm and its significance in legal education. In an effort to fill the gap in our understanding of law student enthusiasm, this …


Sailing Against The Wind: How A Pre-Admission Program Can Prepare At-Risk Students For Success In The Journey Through Law School And Beyond, Julie M. Spanbauer, Sonia Bychkov Green, Maureen Straub Kordesh Jul 2008

Sailing Against The Wind: How A Pre-Admission Program Can Prepare At-Risk Students For Success In The Journey Through Law School And Beyond, Julie M. Spanbauer, Sonia Bychkov Green, Maureen Straub Kordesh

Julie M. Spanbauer

ABSTRACT This article provides a scholarly analysis of an innovative and recently created summer special admissions program designed to provide an opportunity for “at-risk” students. This new program, the “Summer College to Assess Legal Education Skills” (SCALES), was created to provide access and opportunity to students who otherwise would not be admitted to law school because their law school indicators fall below the minimum requirements for admission. Thus, the students enrolled in the program include immigrants, minorities, and nontraditional returning students, many of whom represent the first generation in a family to earn a college degree. To the delight and …


“The Longest Journey, With A First Step”: Bringing Coherence To Sovereignty And Jurisdictional Issues In Global Employee Benefits Law, Paul Secunda May 2008

“The Longest Journey, With A First Step”: Bringing Coherence To Sovereignty And Jurisdictional Issues In Global Employee Benefits Law, Paul Secunda

Paul M. Secunda

One of the most neglected areas of employee benefits law in the United States today is the extraterritorial application of ERISA to U.S. employees in other countries. Additionally, the courts and legislature have not spent the necessary time to discuss ERISA coverage issues for foreign employees, both legal and illegal and both working for foreign government and non-government employers, in the United States. These are increasingly crucial areas of U.S. employee benefits law as the globalization of the world's workplaces continues apace.

After surveying the tangled web of ERISA law in this context, the article proposes two statutory fixes and …


Tales Of A Law Professor Lateral Nothing, Paul Secunda Mar 2008

Tales Of A Law Professor Lateral Nothing, Paul Secunda

Paul M. Secunda

This Essay seeks to uncover the mysterious world of the law professor lateral hiring market, which has become increasingly important in the last number of years as law schools seek to build their reputations in this U.S. News & World Report world through the hiring of prominent faculty members.

Although the advice and guidance given in this essay are sometimes written with tongue firmly in cheek, I do attempt to accomplish two important objectives here. First, there has been scarcely anything written about the lateral hiring market for law professors, as opposed to the cottage industry that has been devoted …


Gender And The Legal Profession: The Michigan Alumni Data Set 1967-2000, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull Feb 2008

Gender And The Legal Profession: The Michigan Alumni Data Set 1967-2000, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Kenneth G. Dau-Schmidt

The entry of women into the legal profession has forever changed both lawyers and the profession. In the brief period since the 1970’s, women have gone from a few brave pioneers constituting 3% of the bar to almost half of all new law students and a third of practicing attorneys. Women have brought to the profession a different set of assets and problems than men, focusing attention on the problem of balancing work and family in a way not previously experienced by the profession. In this study, we use the University of Michigan Law School Alumni Data Set to undertake …


Legal Education Uk, Subhajit Basu Feb 2008

Legal Education Uk, Subhajit Basu

Subhajit Basu

No abstract provided.


Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole Phelan Dec 2007

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole Phelan

Carole Silver

No abstract provided.


Understanding The Dean's Job, Barry Vickrey Dec 2007

Understanding The Dean's Job, Barry Vickrey

Barry Vickrey

No abstract provided.


The Law Review Article Selection Process: Results From A National Study, Jason P. Nance Dec 2007

The Law Review Article Selection Process: Results From A National Study, Jason P. Nance

Jason P. Nance

The student-edited law review has been a much criticized institution. Many commentators have expressed their belief that students are unqualified to determine which articles should be published in which journals, but these discussions have been largely based on anecdotal evidence of how journals make publication decisions. It was against that backdrop that we undertook a national survey of law reviews in an attempt to determine how student editors responsible for making publication decisions went about their task. This article compiles the results of that survey, which received 191 responses from 163 different journals. We analyzed 56 factors that influence the …


Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed Dec 2007

Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed

Dana Harrington Conner

No abstract provided.


Commentary, Session 1: Deciding To Become A Dean, Linda L. Ammons Dec 2007

Commentary, Session 1: Deciding To Become A Dean, Linda L. Ammons

Linda L. Ammons

Deciding to become a dean is a difficult decision. How do you know when you are ready and how do you need to prepare? Mentorship, leadership skills, risk-taking, vision, and energy are just some of the attributes needed by deans in today’s law school environment.


The Importance Of Professionalism, John L. Gedid Dec 2007

The Importance Of Professionalism, John L. Gedid

John L. Gedid

No abstract provided.


Morte E Ressurreição Da Hermenêutica, Ivo T. Gico Dec 2007

Morte E Ressurreição Da Hermenêutica, Ivo T. Gico

Ivo Teixeira Gico Jr.

Este artigo trata dos objetivos e utilidades da hermenêutica, seja para tomada de decisões, seja para a compreensão do que é Direito. É por meio da hermenêutica que juristas de toda sorte acreditam extrair sentido e conteúdo das normas jurídicas de modo científico, quando, na verdade, a utilizam para fundamentar sua decisão pré-concebida. É a hermenêutica verdadeiro instrumento científico para se chegar a soluções justas ou mera forma de expressão para legitimação de decisões?

This article deals with hermeneutics true objectives and utilities, either as a decision making instrument or to answer the question: What is the Law? It’s through …


What Is Reading In The Pratice Of Law?, Kirk W. Junker Dec 2007

What Is Reading In The Pratice Of Law?, Kirk W. Junker

Kirk W Junker

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an end—to produce a description of the substance or procedure of a particular area of the law. Too often, it …