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Selected Works

2011

Legal Education

Articles 31 - 51 of 51

Full-Text Articles in Law

Student Film- In Re: Baby M, Heather Cole, John Nicodemo, Julie Perlina, Jessica Bryant, Rachel Zoltowsky, Alana Hassel, Deborah Post Jan 2011

Student Film- In Re: Baby M, Heather Cole, John Nicodemo, Julie Perlina, Jessica Bryant, Rachel Zoltowsky, Alana Hassel, Deborah Post

Deborah W. Post

No abstract provided.


On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee Jan 2011

On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee

Robert Rhee

This article identifies two interconnected problems in legal education. First, legal education and practice are more disconnected than they should be, a reality which distinguishes law schools from other professional schools. The major flaw of legal education as the failure to produce more market-ready lawyers who have a mix of skills and knowledge to add value in a complex and challenging practice environment. Second, law school imposes large direct and opportunity costs on its students. These costs combine with the problem of a deficiency in academic training and post-graduation financing of additional training in the workplace to impose a growing …


Learning By Magic - It Is Not A Trick, Stephen Gerst Dec 2010

Learning By Magic - It Is Not A Trick, Stephen Gerst

Stephen A Gerst

No abstract provided.


Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal Dec 2010

Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal

Lawrence Rosenthal

Perhaps no member of the legal academy in America is more controversial than John Yoo. For his role in producing legal opinions authorizing what is thought by many to be abusive treatment of detainees as part of the Bush Administration’s “Global War on Terror,” some have called for him to be subjected to professional discipline, others have called for his criminal prosecution. This paper raises a different question: whether John Yoo – and his like – ought to be teaching law.

John Yoo provides something of a case study in the problems in legal education today. As a scholar, Professor …


Persuasive Legal Writing, Nancy Schultz, Louis Sirico Dec 2010

Persuasive Legal Writing, Nancy Schultz, Louis Sirico

Nancy Schultz

No abstract provided.


The Variable Value Of Us Legal Education In The Global Legal Services Market, Carole Silver Dec 2010

The Variable Value Of Us Legal Education In The Global Legal Services Market, Carole Silver

Carole Silver

Many U.S. law firms now claim to be global organizations, and they seek to occupy the same high status everywhere they work. In part, simply supporting overseas offices is an indication of status for U.S.-based firms. But firms want more than this and they strive for recognition as elite advisors around the world. In this pursuit, have firms identified a set of common characteristics and credentials that define a “global lawyer?” That is, is there a uniform and universal profile, or perhaps a set of assets that comprise global professional capital, which are emerging as the indicia of credibility and …


Teaching Values And Lawyering Skills, John Capowski Dec 2010

Teaching Values And Lawyering Skills, John Capowski

John J. Capowski

No abstract provided.


Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox Dec 2010

Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox

Kenneth H Fox

Mediation is commonly characterized as one of several core ADR processes. The vast majority of the mediation literature focuses on dispute settlement and resolution. However, relatively little attention is paid to the transactional potential of business mediation - ways in which this ADR process can assist the parties to build better deals. This article describes mediation as a deal-facilitation process.


Educating Lawyers To Meditate?, Rhonda Magee Dec 2010

Educating Lawyers To Meditate?, Rhonda Magee

Rhonda V Magee

No abstract provided.


Upper Level Courses: Three Exemplars, Kathy Heller, Mark Fagan, Tamar Frankel, Eric Gouvin Dec 2010

Upper Level Courses: Three Exemplars, Kathy Heller, Mark Fagan, Tamar Frankel, Eric Gouvin

Kathy Z. Heller

This Article presents three exemplars of upper-level law school classes, and is divided into three parts. Part I discusses "Securitization and Asset-Backed Securities"; Part II discusses "Using Transactions to Teach Secured Transactions"; and Part III discusses "Teaching Deals Through a Focus on the Entertainment Industry.


Why I Teach, Amanda Smith Dec 2010

Why I Teach, Amanda Smith

Amanda Smith

No abstract provided.


Growin’ Up: An Assessment Of Adult Self-Image In Clinical Law Students, Judith Ritter Dec 2010

Growin’ Up: An Assessment Of Adult Self-Image In Clinical Law Students, Judith Ritter

Judith L Ritter

My thesis is that a majority of law students do not view themselves as adult professionals. When upper-class law students participate in live-client clinical programs, their lack of an adult self-image presents a barrier to effectiveness.

This article draws upon theories of psychological and moral development to explore the ingredients of being an adult and having an adult self-image. It examines the obstacles to development confronted by contemporary law students. The article explains the ways in which having an adult self-image is so important to the success of the student lawyer and how lacking an adult self-image can diminish the …


How Students’ Gratitude For Feedback Can Identify The Right Attitude For Success: Disciplined Optimism, Anna Hemingway Dec 2010

How Students’ Gratitude For Feedback Can Identify The Right Attitude For Success: Disciplined Optimism, Anna Hemingway

Anna P. Hemingway

Students’ reactions to feedback are intriguing. Why is it that some students resist, and in fact almost resent, receiving suggestions for improving their work while others are grateful and clamor for more help? This short article examines the role of gratitude in legal education. It suggests that students who engage in disciplined optimism, i.e., positive attitude and hard work, are more likely to succeed in law school than students who avoid feedback and self-handicap their efforts.


Animal Law Unit Outline, Anne Louise Schillmoller Dec 2010

Animal Law Unit Outline, Anne Louise Schillmoller

Anne Schillmoller

As a significant growth area of law, the central aim of this unit is to enable students to identify and evaluate the legal frameworks which regulate various types of human-animal interaction and to consider the ways in which these frameworks impact upon the interests of animals. In addition, the unit provides an opportunity for students to identify and critique the ways in which animals are conceptualised in law, including the philosophical, scientific and economic assumptions which inform the law relating to animals. Finally, the unit will enable students to reflect upon the adequacy of laws relating to animals and to …


Clinical Professors' Professional Responsibility: Preparing Law Students To Embrace Pro Bono, Douglas L. Colbert Dec 2010

Clinical Professors' Professional Responsibility: Preparing Law Students To Embrace Pro Bono, Douglas L. Colbert

Douglas L. Colbert

This article begins by examining the current crisis in the U.S. legal system where approximately three out of four low- and middle-income litigants are denied access to counsel's representation when faced with the loss of essential rights - -a home, child custody, liberty and deportation - - and where most lawyers decline to fulfill their ethical responsibility of pro bono service to those who cannot afford private counsel. The article traces the evolving ethical standards of a lawyer's professional responsibility that today views every attorney as a public citizen having a special responsibility to the quality of justice.

The author …


Law 10487 Animal Law 2nd Edition, Anne Louise Schillmoller, Amber Hall Dec 2010

Law 10487 Animal Law 2nd Edition, Anne Louise Schillmoller, Amber Hall

Anne Schillmoller

To some extent, the name of this unit, ‘Animal Law’, is a misnomer. While the central concern of this unit is with the well-being and protection of non-human animals, its practical focus is upon the ways in which humans and human institutions, including the apparatus of law, regard, regulate, and interact with non-human beings. Such a focus exhorts ‘we’ humans to reflect upon our behaviours, practices, attitudes and responsibilities towards non-human animals. Specifically, it requires us to interrogate and challenge the assumed sovereignty of humans over animals, the ways in which human interests are routinely privileged over those of animals, …


What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey Dec 2010

What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey

Mary Ann Chirba

No abstract provided.


What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey Dec 2010

What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey

Elisabeth Keller

No abstract provided.


Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo Dec 2010

Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo

Carl J. Circo

For several years, business and transactional lawyers have increased the pressure on law schools to produce more practice-ready graduates. This article explores the practical skills reform movement with two goals in mind. First, it seeks to articulate and reconcile some of the fundamental differences in the perspectives of the practicing bar and the legal academy. Second, it highlights the special challenges and opportunities involved in making legal education more effective for students who will practice business and transactional law. In addition to reviewing recent literature from the bar and the academy on the practical skills gap, the article also reports …


What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey Dec 2010

What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey

E. Joan Blum

No abstract provided.


America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall Dec 2010

America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall

Allen Mendenhall

This Article considers how the Obama administration’s policies toward Japan implicate Article 9 of the Japanese Constitution. More specifically, it argues that the Futenma base dispute (as it has come to be known) jeopardizes the very existence of Article 9 by threatening to render it moot and by expanding the already expansive interpretations of Article 9. Part I provides a brief history of the Futenma base dispute during the Obama years, and Part II explains the effects of the Futenma base dispute on Article 9. More specifically, Part II contextualizes the Futenma issue by way of the legislative and judicial …