Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 130

Full-Text Articles in Law

When Your Plate Is Already Full: Efficient And Meaningful Outcomes Assessment For Busy Law Schools, Melissa N. Henke Mar 2020

When Your Plate Is Already Full: Efficient And Meaningful Outcomes Assessment For Busy Law Schools, Melissa N. Henke

Law Faculty Scholarly Articles

The American Bar Association (ABA) accreditation standards involving outcome-based assessment are a game changer for legal education. The standards reaffirm the importance of providing students with formative feedback throughout their course of study to assess and improve student learning. The standards also require law schools to evaluate their effectiveness, and to do so from the perspective of student performance within the institution’s program of study. The relevant question is no longer what are law schools teaching their students, but instead, what are students learning from law schools in terms of the knowledge, skills, and values that are essential for ...


Uk Law Notes, 2018, University Of Kentucky College Of Law Jan 2018

Uk Law Notes, 2018, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


The Sharpest Tool In The Toolbox: Visual Legal Rhetoric, Michael D. Murray Jan 2018

The Sharpest Tool In The Toolbox: Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

Visual briefs and other forms of visual rhetoric in legal communication may eventually become the norm in legal practice because of the enormous communicative and rhetorical power of visual media. I have discussed the uses of visual legal rhetoric and the ensuing ethical and professional considerations elsewhere. Here, I will focus on providing instruction to law students and lawyers regarding proper and effective usage of visual legal rhetoric.


A Revealed Preferences Approach To Ranking Law Schools, Brian L. Frye, Christopher J. Ryan Jr. Oct 2017

A Revealed Preferences Approach To Ranking Law Schools, Brian L. Frye, Christopher J. Ryan Jr.

Law Faculty Scholarly Articles

The U.S. News & World Report (U.S. News) “Best Law Schools Rankings” defines the market for legal education. Law schools compete to improve their standing in the U.S. News rankings and fear any decline. But the U.S. News rankings are controversial, at least in part because they rely on factors that are poor proxies for quality, like peer reputation and expenditures per student. While many alternative law school rankings exist, none have challenged the market dominance of the U.S. News rankings. Presumably the U.S. News rankings benefit from a first-mover advantage, other rankings fail to ...


Uk Law Notes, 2017, University Of Kentucky College Of Law Jan 2017

Uk Law Notes, 2017, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr. Jan 2017

An Empirical Study Of The Copyright Practices Of American Law Journals, Brian L. Frye, Franklin L. Runge, Christopher J. Ryan Jr.

Law Faculty Scholarly Articles

This article presents an empirical study of the copyright practices of American law journals in relation to copyright ownership and fair use, based on a 24-question survey. It concludes that many American law journals have adopted copyright policies that are inconsistent with the expectations of legal scholars and the scope of copyright protection. Specifically, many law journals have adopted copyright policies that effectively preclude open-access publishing, and unnecessarily limit the fair use of copyrighted works. In addition, it appears that some law journals may not understand their own copyright policies. This article proposes the creation of a Code of Copyright ...


Uk Law Notes, 2016, University Of Kentucky College Of Law Jan 2016

Uk Law Notes, 2016, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Creac In The Real World, Diane B. Kraft Jul 2015

Creac In The Real World, Diane B. Kraft

Law Faculty Scholarly Articles

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the "real world" of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on "first-year" issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how ...


Oral History Of Student Life At The Uk College Of Law With James Park, Jr. (Class Of 1958), James Park Jr. Jun 2015

Oral History Of Student Life At The Uk College Of Law With James Park, Jr. (Class Of 1958), James Park Jr.

Kentucky Law Alumni Oral History Collection

The document that can be downloaded is a transcript of the oral history in PDF format. Below, you will find a streaming media file to hear the oral history.

This oral history is part of the Kentucky Law Alumni Oral History Collection in UKnowledge. James Park, Jr. (Class of 1958) is interviewed by Professor Franklin Runge about his experiences at the UK College of Law.


Oral History Of Student Life At The Uk College Of Law With Thomas Givhan (Class Of 1951) | Part 2, Thomas Givhan Jun 2015

Oral History Of Student Life At The Uk College Of Law With Thomas Givhan (Class Of 1951) | Part 2, Thomas Givhan

Kentucky Law Alumni Oral History Collection

The downloadable document is a transcript of the oral history in PDF format. Below, you will find a streaming media file to hear the oral history.

This oral history is part of the Kentucky Law Alumni Oral History Collection in UKnowledge. Thomas Givhan (Class of 1951) is interviewed by Professor Franklin Runge about his experiences at the UK College of Law.


Oral History Of Student Life At The Uk College Of Law With Thomas Givhan (Class Of 1951) | Part 3, Thomas Givhan Jun 2015

Oral History Of Student Life At The Uk College Of Law With Thomas Givhan (Class Of 1951) | Part 3, Thomas Givhan

Kentucky Law Alumni Oral History Collection

The downloadable document is a transcript of the oral history in PDF format. Below, you will find a streaming media file to hear the oral history.

This oral history is part of the Kentucky Law Alumni Oral History Collection in UKnowledge. Thomas Givhan (Class of 1951) is interviewed by Professor Franklin Runge about his experiences at the UK College of Law.


Oral History Of Student Life At The Uk College Of Law With Thomas Givhan (Class Of 1951) | Part 1, Thomas Givhan Jun 2015

Oral History Of Student Life At The Uk College Of Law With Thomas Givhan (Class Of 1951) | Part 1, Thomas Givhan

Kentucky Law Alumni Oral History Collection

The downloadable document is a transcript of the oral history in PDF format. Below, you will find a streaming media file to hear the oral history.

This oral history is part of the Kentucky Law Alumni Oral History Collection in UKnowledge. Thomas Givhan (Class of 1951) is interviewed by Professor Franklin Runge about his experiences at the UK College of Law.


Oral History Of Student Life At The Uk College Of Law With Julius E. Rather (Class Of 1960), Julius E. Rather Jun 2015

Oral History Of Student Life At The Uk College Of Law With Julius E. Rather (Class Of 1960), Julius E. Rather

Kentucky Law Alumni Oral History Collection

The downloadable document is a transcript of the oral history in PDF format. Below, you will find a streaming media file to hear the oral history.

This oral history is part of the Kentucky Law Alumni Oral History Collection in UKnowledge. Julius E. Rather (Class of 1960) is interviewed by Professor Franklin Runge about his experiences at the UK College of Law.


Outcomes In The Balance: The Crisis In Legal Education As Catalyst For Change, Beau Steenken Apr 2015

Outcomes In The Balance: The Crisis In Legal Education As Catalyst For Change, Beau Steenken

Law Faculty Popular Media

In this article, the author discusses how changes in the legal education market can force legal research teachers to focus their energies on meaningful assessment.


Uk Law Notes, 2015, University Of Kentucky College Of Law Jan 2015

Uk Law Notes, 2015, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Leaping Language And Cultural Barriers With Visual Legal Rhetoric, Michael D. Murray Jan 2015

Leaping Language And Cultural Barriers With Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

This Article discusses the scholarship of popular culture, cognitive studies and brain science, data visualization studies, modern argument theory in rhetoric, the rapid development of technology in the production of documents, and technology in the reading and reception of documents, which all point to one outcome: the tools of legal education and law practice must become more visual by following principles of visual legal rhetoric and visual narrativity. Visual has become the "new normal" in communication, and legal rhetorical communication in law school and law practice must not let itself fall behind the times.


Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft Oct 2014

Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft

Law Faculty Popular Media

In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.


Teaching First-Year Law Students To Read So Carefully That They Discover A "Mistake" In A Judicial Opinion, Jane Bloom Grisé Jul 2014

Teaching First-Year Law Students To Read So Carefully That They Discover A "Mistake" In A Judicial Opinion, Jane Bloom Grisé

Law Faculty Popular Media

In this column for The Learning Curve, Professor Grisé discusses how to teach critical reading skills to first-year law students.


Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood May 2014

Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood

Law Faculty Scholarly Articles

That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also ...


Uk Law Notes, 2014, University Of Kentucky College Of Law Jan 2014

Uk Law Notes, 2014, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries Jan 2014

Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries

Law Faculty Scholarly Articles

Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.

There is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court's customary employee-speech jurisprudence. We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the ...


Justifying Academic Freedom, Brian L. Frye Oct 2013

Justifying Academic Freedom, Brian L. Frye

Law Faculty Scholarly Articles

While academic freedom can only be described in relation to academic norms, its justification can and should depend on its contribution to the common good. Academics contribute to the common good by producing scholarship. But scholarship is a means to an end, not an end in itself. Academic freedom is justified not only because enables academics to produce more and better scholarship, but also because it enables academics to challenge academic norms that diminish the quantity or quality of scholarship they produce.


Justice John Marshall Harlan: Professor Of Law, Brian L. Frye, Josh Blackman, Michael Mccloskey Jul 2013

Justice John Marshall Harlan: Professor Of Law, Brian L. Frye, Josh Blackman, Michael Mccloskey

Law Faculty Scholarly Articles

From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which became the George Washington University School of Law. For two decades, he primarily taught working-class evening students in classes as diverse as property, torts, conflicts of law, jurisprudence, domestic relations, commercial law, evidence-and most significantly-constitutional law.

Harlan's lectures on constitutional law would have been lost to history, but for the enterprising initiative-and remarkable note-taking-of one of Harlan's students, George Johannes. During the 1897-98 academic year, George Johannes and a classmate transcribed verbatim ...


Uk Law Notes, 2013, University Of Kentucky College Of Law Jan 2013

Uk Law Notes, 2013, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Enlivening Election Law, Joshua A. Douglas Apr 2012

Enlivening Election Law, Joshua A. Douglas

Law Faculty Scholarly Articles

Election law cases are often lengthy and include complex discussion of constitutional doctrines. Moreover, there is rarely a clear-cut answer to a tricky election law question. The field is full of balancing tests, competing interests to weigh, and ever-shifting standards. A challenge for Election Law teachers, then, is to ensure that the long judicial opinions and difficult constitutional doctrines undergirding the field of election law do not bury the vibrancy of the topic. One way to keep an Election Law course student-friendly is to make frequent use of electronic media. Election law is well-suited to the adoption of images, videos ...


Tenure And The Law Library Director, James Donovan, Kevin Shelton Feb 2012

Tenure And The Law Library Director, James Donovan, Kevin Shelton

James M. Donovan

This essay offers a response to the current discussion concerning the possible rescission of ABA Accreditation Standard 603 governing tenure-track appointment of the law library director.

Part I reviews this discussion, highlighting the terms and arguments on all sides of the debate. Part II offers a defense of the current standard, based upon the need for the director both to receive the protections of academic freedom and to participate in faculty governance of the law school.

The need for tenure to perform a director's professional duties, however, does not make one automatically tenureable. Part III examines the skeptical attitude ...


Tenure And The Law Library Director, James M. Donovan, Kevin B. Shelton Feb 2012

Tenure And The Law Library Director, James M. Donovan, Kevin B. Shelton

Law Faculty Scholarly Articles

This essay offers a response to the current discussion concerning the possible rescission of ABA Accreditation Standard 603 governing tenure-track appointment of the law library director.

Part I reviews this discussion, highlighting the terms and arguments on all sides of the debate. Part II offers a defense of the current standard, based upon the need for the director both to receive the protections of academic freedom and to participate in faculty governance of the law school. The need for tenure to perform a director's professional duties, however, does not make one automatically tenureable. Part III examines the skeptical attitude ...


Tenure And The Law Library Director, James M. Donovan, Kevin B. Shelton Feb 2012

Tenure And The Law Library Director, James M. Donovan, Kevin B. Shelton

Law Faculty Scholarly Articles

This essay offers a response to the current discussion concerning the possible rescission of ABA Accreditation Standard 603 governing tenure-track appointment of the law library director.

Part I reviews this discussion, highlighting the terms and arguments on all sides of the debate. Part II offers a defense of the current standard, based upon the need for the director both to receive the protections of academic freedom and to participate in faculty governance of the law school.

The need for tenure to perform a director's professional duties, however, does not make one automatically tenureable. Part III examines the skeptical attitude ...


Uk Law Notes, 2012, University Of Kentucky College Of Law Jan 2012

Uk Law Notes, 2012, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger Jan 2012

Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger

Law Faculty Scholarly Articles

In the past three years, the American Bar Association, several major state bar associations, the Association of American Law Schools, the New York Times, law students, and many legal educators have called for fundamental changes in the way we educate new lawyers. Some critics have suggested that legal education faces a crisis that will be exacerbated by rising tuitions, declining enrollments, and a precipitous drop in the demand for new lawyers. Most of those calling for change have relied on the critical analysis of modem legal education presented in a 2007 report by the Carnegie Foundation for the Advancement of ...