Law Commons^™

The Future Of Legal Education Reform, James E. Moliterno

James E. Moliterno

The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.

Assisting Law Students With Disabilities In The 21st Century, David Jaffe

David Jaffe

No abstract provided.

Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha

Faisal Bhabha

There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. This article is a project of conceptual reorientation against a backdrop of critical scholarship and empirical evidence. Parts I and II examine the past twenty years of diversity promotion in legal education, concluding that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. Part III suggests that reforms …

Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone

Michele R. Pistone

1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers the …

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring

Darlene C. Goring

No abstract provided.

Taking Back The Legal Profession, Lee T. Nutini

Lee T Nutini

A reaction piece addressing the current economic and market crisis related to failing law school education and the lawyer bubble.

Vulnerable Populations And Transformative Law Teaching: A Critical Reader, Chapter 6 - Vulnerability In Contracting: Teaching First-Year Law Students About Inequality And Its Consequences, Deborah Post, Deborah Zalesne

Deborah W. Post

Traditional legal pedagogy fails to demonstrate the relationship of contract to the subordination of vulnerable populations. As a result, students rarely see the complex web of interrelationships where economic activity takes place or the legal regime that maintains it. Students are not taught how to interrogate the discourse or dismantle the systems and structures that oppress subordinated communities. This Essay describes a technique that we have developed to help students learn the meaning of law and its cultural, social, and structural significance. The traditional framing of the study of contract doctrine as one that is objective, neutral, and fair avoids …

More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett

Mark P. McKenna

Mark McKenna and Geoffrey Bennett were quoted in The Indiana Lawyer article More dialogue over law school cost and curriculum about Retired Indiana Supreme Court Chief Justice Randall Shepard’s Clynes Chair Lecture by Marilyn Odendahl. “So you’re trying to take students who have learned a subject matter and then put them in a practice environment where they have to make use of that. Both reinforce what they learned in the classroom, but then it also helps them understand the context that you can’t necessarily get from the pages of a book,” McKenna said. “If (states adequately funded their schools), that …

A People's Guide To U.S. Immigration Law, Irene Scharf

Irene Scharf

The goal of this book is to help those who are already here to understand their rights, responsibilities, and choices under the ever-more complicated immigration laws. In these insecure times, it is crucial to understand one's legal rights during work and home raids, how to act if charged by the authorities, how to avoid being deported/removed, how to decide whether to hire a lawyer and if hiring one how to choose one, how to assist one's lawyer to reduce fees, and much more.

Nourishing Justice And The Continuum: Implementing A Blended Model In An Immigration Law Clinic, Irene Scharf

Irene Scharf

The purpose of this Article is to describe how the new Immigration Law Clinic at Southern New England School of Law has combined attention to the School's mission of educating students and expanding justice by serving the community with the broader goal of addressing the continuing educational needs of recent law school graduates. The Clinic not only offers direct legal services to clients but also trains and mentors recently graduated local attorneys, who offer both pro bono client representation as well as student supervision. Through the Immigration Law Clinic, these attorneys are trained in both immigration law and clinical supervision. …

Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver

Marjorie A. Silver

By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.

Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch

Meehan Rasch

Law is a particularly writing-heavy profession. However, lawyers, law students, and law professors often struggle with initiating, sustaining, and completing legal writing projects. Even the most competent legal professionals experience periods in which the written word just does not flow freely. This article provides a guide for legal writers who are seeking to understand and resolve writing blocks, procrastination, and other common writing productivity problems.

Understanding The Cycle Of Procrastination, Meehan Rasch

Meehan Rasch

Procrastination is one of the enduring challenges of human existence, as well as one of the chief problems with which law students struggle. Understanding the cycle of procrastination can help law professors and advisors more constructively address students’ issues in this area—not to mention our own.

No Money, Mo' Problems: Why Unpaid Law Firm Internships Are Illegal And Unethical, Eric M. Fink

Eric M Fink

The practice of law firms offering unpaid internships in lieu of paid employment should concern law students and law school graduates who face an increasingly tight market for entry-level legal jobs. This article argues that such unpaid internships are impermissible under the Fair Labor Standards Act (“FLSA”). It further argues that lawyers who illegally hire unpaid interns should be subject to discipline under the ethics rules of the legal profession.

While law students collectively have an interest in ending this exploitative practice, they have a disincentive against taking action themselves, lest they hurt their prospects in the already unfavorable postgraduate …

Silence Is Golden: Using A "Silent Scrolling Powerpoint" Series To Enhance Your Course Dynamic, Julia M. Glencer Professor

Julia M. Glencer

This article explores the use of an alternative teaching tool in a law school classroom as a method of inspiring law students and prompting excited engagement in both the underlying course and the legal profession. The author, a seven-year Legal Research & Writing Professor, first explains how she has used the automatic advance feature in Microsoft PowerPoint to create a semester series of weekly “Silent Scrolling PowerPoints,” 5 to 7 minutes in length, on a variety of topics of interest and inspiration to her first-year law students. She then summarizes the six benefits observed while experimenting with this tool over …

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Ann L. Nowak

No abstract provided.

What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia

Donald G Gifford

This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all …

Learning Through Work: An Empirical Study Of Legal Internship, Daniel J. Givelber, Brook K. Baker, John Mcdevitt, Robyn Miliano

Jack McDevitt

The authors present the results of an extended empirical investigation of law students' beliefs about how well they learn in work settings and which factors distinguish between settings where they learn well and those where they do not. The results resonate with a theory of ecological learning which they present in summary form. Through their data, based upon responses to more than 500 work experiences, they attempt to explore the validity of many of the current criticisms of workplace learning. Their analysis and findings cast doubt on the belief, reified by the MacCrate Report, that legal educators must participate actively …

Learning Through Work: An Empirical Study Of Legal Internship, Daniel J. Givelber, Brook K. Baker, John Mcdevitt, Robyn Miliano

Brook K. Baker

The authors present the results of an extended empirical investigation of law students' beliefs about how well they learn in work settings and which factors distinguish between settings where they learn well and those where they do not. The results resonate with a theory of ecological learning which they present in summary form. Through their data, based upon responses to more than 500 work experiences, they attempt to explore the validity of many of the current criticisms of workplace learning. Their analysis and findings cast doubt on the belief, reified by the MacCrate Report, that legal educators must participate actively …

Learning Through Work: An Empirical Study Of Legal Internship, Daniel J. Givelber, Brook K. Baker, John Mcdevitt, Robyn Miliano

Daniel J. Givelber

The authors present the results of an extended empirical investigation of law students' beliefs about how well they learn in work settings and which factors distinguish between settings where they learn well and those where they do not. The results resonate with a theory of ecological learning which they present in summary form. Through their data, based upon responses to more than 500 work experiences, they attempt to explore the validity of many of the current criticisms of workplace learning. Their analysis and findings cast doubt on the belief, reified by the MacCrate Report, that legal educators must participate actively …

As The Twig Is Bent:Law Student Insights Regarding Pro Bono And Public Interest Law, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.

Do Grades Matter?, Emily Zimmerman

Emily Zimmerman

Law school grading is regularly identified as the source of law student distress and disengagement. Although there is an abundance of literature criticizing law school grading, there is surprisingly little empirical research that investigates law students’ attitudes regarding grading. This Article presents the results of an empirical research project that investigated law students’ expectations and attitudes regarding their grades and the use of curved grading in law school. These results challenge some of the conventional wisdom about law students and grades and suggest that law professors may not necessarily know our students as well as we think we do.

For …

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …

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 …

Law School & The Web Of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students, Eric M. Fink

Eric M Fink

Online social network sites (“SNS”) have emerged as a significant socio-technical phenomenon in the past several years. Scholars from various disciplines have examined these sites to develop a better understanding of their social significance and implications from a variety of perspectives. Within the burgeoning field of SNS studies, one strand of work focuses on the place of SNSs in students’ educational experiences and the potential pedagogical applications of SNSs. However, the SNS phenomenon generally, and its educational/pedagogical significance in particular, have received scant attention from legal scholars. This article examines the place of SNSs within the contemporary law school experience, …