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Articles 1 - 30 of 221
Full-Text Articles in Law
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Scholarly Works
No abstract provided.
Challenges And Rewards Of Educating First Generation Law Students, Lori D. Johnson
Challenges And Rewards Of Educating First Generation Law Students, Lori D. Johnson
Scholarly Works
No abstract provided.
Generative Ai And The Future Of Legal Education, Joseph Regalia
Generative Ai And The Future Of Legal Education, Joseph Regalia
Scholarly Works
No abstract provided.
Boyd Law School: Transforming Nevada’S Legal Community For 25 Years, Leah Chan Grinvald
Boyd Law School: Transforming Nevada’S Legal Community For 25 Years, Leah Chan Grinvald
Scholarly Works
No abstract provided.
Reflections On A Crit Clinic, Elizabeth L. Macdowell, Nina L. Terzian
Reflections On A Crit Clinic, Elizabeth L. Macdowell, Nina L. Terzian
Scholarly Works
No abstract provided.
The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth
The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth
Scholarly Works
When invited to write an essay on clinical legal education honoring our friend, we were struck by the importance of a focus on clinical legal education in any collection of work paying tribute to Professor Deborah Jones Merritt. Legal education has benefited from a fifty-year movement for clinical education. This movement necessarily interrogates and seeks to overcome the anachronistic, inherited Langdellian paradigm that dominates and continues to define the curricula and policies of our law schools. But the movement for clinical education has been exponentially confounded by contemporary legal education’s shape as a pyramid of statuses and privileges accumulated over …
Calming Down And Waking Up: An Empirical Study Of The Effects Of Mindfulness Training On Law Students, Charity Scott, Paul Verhaeghen
Calming Down And Waking Up: An Empirical Study Of The Effects Of Mindfulness Training On Law Students, Charity Scott, Paul Verhaeghen
Nevada Law Journal
No abstract provided.
Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb
Speaking The Truth: Supporting Authentic Advocacy With Professional Identity Formation, Laura A. Webb
Nevada Law Journal
No abstract provided.
Against The Grain: The Secret Role Of Dissents In Integrating Rhetoric Across The Curriculum, Mark A. Hannah, Susie Salmon
Against The Grain: The Secret Role Of Dissents In Integrating Rhetoric Across The Curriculum, Mark A. Hannah, Susie Salmon
Nevada Law Journal
No abstract provided.
Quintilian’S Curriculum, Kirsten A. Dauphinais
Quintilian’S Curriculum, Kirsten A. Dauphinais
Nevada Law Journal
No abstract provided.
Stop Teaching Consideration, Alan M. White
Teaching With Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger
Teaching With Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger
Scholarly Works
This conversational-style essay is an exchange among fourteen professors-representing thirteen universities across five countries-with experience teaching with feminist judgments.
Feminist judgments are 'shadow' court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India, and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.
This essay begins to explore the vast pedagogical potential …
Papercuts: Hierarchical Microaggressions In Law Schools, Nantiya Ruan
Papercuts: Hierarchical Microaggressions In Law Schools, Nantiya Ruan
Scholarly Works
The Article investigates law schools as locations of workplace fairness by examining its hierarchical structure and the power dynamics at work. Others have researched and written on the myriad ways in which “legal skills faculty” are treated unfairly as compared to those that primarily teach non-skills (or doctrinal classes) because of the subject matter that they teach and the assumptions that are made about their credentials and ability to contribute to the law school mission. Likewise, other scholars have critically examined the discrimination experienced by law school faculty members based on race, gender, sexual orientation, and other identities. What has …
The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol M. Chomsky, Andrea Anne Curcio, Marsha Griggs, Joan W. Howarth, Eileen R. Kaufman, Deborah Jones Merritt, Patricia Salkin, Judith W. Wegner
The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol M. Chomsky, Andrea Anne Curcio, Marsha Griggs, Joan W. Howarth, Eileen R. Kaufman, Deborah Jones Merritt, Patricia Salkin, Judith W. Wegner
Scholarly Works
The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high.
In this brief policy paper, we outline six licensing options for jurisdictions to consider for …
Training Law Students To Maintain Civility In Their Law Practices As A Way To Improve Public Discourse, Nancy B. Rapoport
Training Law Students To Maintain Civility In Their Law Practices As A Way To Improve Public Discourse, Nancy B. Rapoport
Scholarly Works
Our current social discourse is broken. Not only have we resorted to name-calling instead of reasoned discussion, but we have also resorted to the fundamental attribution error: we attribute bad motives to people with whose positions we disagree rather than starting with the presumption that, perhaps, buried deep within their positions could be a grain of truth. As Yoni Appelbaum observed in a recent article in The Atlantic, "Recent research by political scientists at Vanderbilt University and other institutions has found both Republicans and Democrats distressingly willing to dehumanize members of the opposite party."' We need to find a …
Diploma Privilege And The Constitution, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol M. Chomsky, Andrea Anne Curcio, Marsha Griggs, Joan W. Howarth, Eileen R. Kaufman, Deborah Jones Merritt, Patricia Salkin, Judith W. Wegner
Diploma Privilege And The Constitution, Claudia Angelos, Sara Berman, Mary Lu Bilek, Carol M. Chomsky, Andrea Anne Curcio, Marsha Griggs, Joan W. Howarth, Eileen R. Kaufman, Deborah Jones Merritt, Patricia Salkin, Judith W. Wegner
Scholarly Works
The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.
State Supreme Courts are …
Shouting Into The Wind: How The Aba Standards Promote Inequality In Legal Education, And What Law Students And Faculty Should Do About It, Mary Beth Beazley
Shouting Into The Wind: How The Aba Standards Promote Inequality In Legal Education, And What Law Students And Faculty Should Do About It, Mary Beth Beazley
Scholarly Works
This Article will analyze how we might return ABA Standard 405(b) to its appropriate role as a protector of equitable treatment of full-time law faculty. First, it will analyze some of the reasons that full-time legal writing and clinical faculty are treated differently; second, it will explain how the current system hurts equality, particularly gender equality; third, it will examine how these inequalities hurt the next generation of lawyers; fourth, it will describe how the inequalities hurt the supposed goals of legal education; and finally, it will suggest what law faculty, the ABA and AALS, and law students can do …
Why Legal Writing Is “Doctrinal” And More Importantly Profound, Harold Anthony Lloyd
Why Legal Writing Is “Doctrinal” And More Importantly Profound, Harold Anthony Lloyd
Nevada Law Journal
No abstract provided.
On The Shoulders Of Giants: Reflections On The Foundations And Futures Of The Study Of Gambling, Bo J. Bernhard
On The Shoulders Of Giants: Reflections On The Foundations And Futures Of The Study Of Gambling, Bo J. Bernhard
UNLV Gaming Law Journal
Dr. Bo Bernhard was invested as the Phillip G. Satre Chair in Gaming Studies and delivered the Robert D. Faiss guest lecture on gaming law policy on April 5, 2018.
What Law Must Lawyers Know?, Joan W. Howarth
What Law Must Lawyers Know?, Joan W. Howarth
Scholarly Works
What constitutes the body of legal knowledge that every lawyer must
possess? I used to know, or think I did, but no longer. I suspect no one else
knows either. This difficult question is not just an intriguing theoretical
matter but also an urgent, practical problem. Licensing regulators assume
that minimal competence in any profession requires certain fundamental
knowledge, skills, and abilities.Bar examiners must determine what
knowledge, skills, and abilities are necessary for minimum competence as
an attorney and then design tests and other requirements to attempt to align
licensure with minimum competence. Today’s tangled attorney licensing
puzzle cannot be …
Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner
Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner
Scholarly Works
Part I examines core assumptions associated with licensing systems as well as associated ambiguities. In particular, it acknowledges multiple understandings about what “competence” is and differing assumptions about how to evaluate or measure it. Part I thus sets forth important predicates for our argument that only a multi-faceted licensing system can do what is needed in assuring minimal competence, and that not all forms of competence are best measured by traditional licensing examinations.
Part II raises the possibility of creating a post-first-year examination designed to assess critical thinking in the context of the first-year curriculum. It also considers ways in …
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Scholarly Works
Judicial decision-making is not a neutral and logical enterprise that involves applying clear rules to agreed-upon facts. Legal educators can and should help students learn more about how judges actually go about making their decisions. The study of re-imagined judicial decisions, such as the alternative judgments from various Feminist Judgments Projects, can enrich the study of law in multiple ways. First, seeing a written decision that differs from the original can help students think “outside the box” constructed by the original opinion by showing them a concrete example of another perspective written in judicial language. Second, the rewritten judgments show …
Competitive Coping Strategies In The American Legal Academy: An Empirical Study, Bernard A. Burk, Jerome M. Organ, Emma B. Rasiel
Competitive Coping Strategies In The American Legal Academy: An Empirical Study, Bernard A. Burk, Jerome M. Organ, Emma B. Rasiel
Nevada Law Journal
No abstract provided.
New York Leads From The Middle: Crowdsourcing The Bar Exam Cut Score, Joan W. Howarth
New York Leads From The Middle: Crowdsourcing The Bar Exam Cut Score, Joan W. Howarth
Scholarly Works
In this article, Prof. Howarth urges states to move to a uniform cut score on the Multistate Bar Exam (MBE) through the use of crowdsourcing.
Joe Williams And Discourse Communities-The Journal Of Legal Writing Institute And Community Service, Terrill Pollman
Joe Williams And Discourse Communities-The Journal Of Legal Writing Institute And Community Service, Terrill Pollman
Scholarly Works
Professor Pollman writes a tribute to The Journal of the Legal Writing Institute.
Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser
Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser
Nevada Law Journal
No abstract provided.
Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom
Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom
Nevada Law Journal
No abstract provided.
Salt 2017 Awards Dinner Program, Society Of American Law Teachers
Salt 2017 Awards Dinner Program, Society Of American Law Teachers
Meetings & Events
No abstract provided.
Rhetoric & Reality In The Aba Standards, Linda L. Berger
Rhetoric & Reality In The Aba Standards, Linda L. Berger
Scholarly Works
The rhetoric of Chapters 3 and 4 of the ABA Standards creates, maintains, and perpetuates hierarchies in law school faculties. Those hierarchies subordinate some categories of faculty members and the courses they teach. Without change in the Standards or their implementation, these hierarchies will remain, and the values and norms of traditionally privileged faculty and subject matters will become even more firmly embedded as representing the best of the legal academy. By adopting the 405(c) “best practices” policy statement, individual law schools and law faculties take upon themselves the power to demonstrate that the ABA Standards are the floor, not …
When Less Is More: An Ideological Rhetorical Analysis Of Selected Aba Standards On Curricula And Faculty, Linda L. Berger
When Less Is More: An Ideological Rhetorical Analysis Of Selected Aba Standards On Curricula And Faculty, Linda L. Berger
Scholarly Works
This chapter undertakes an ideological rhetorical analysis of several key provisions of Chapters 3 and 4 of the American Bar Association’s Standards for Approval of Law Schools, specifically, the interrelated provisions that regulate the curriculum and specify the required conditions of employment for the faculty of a law school. The analysis of selected ABA Standards regulating curricula and faculty supports rhetorical analyst Sonja Foss’s conclusion that the “dominant ideology controls what participants see as natural or obvious by establishing the norm. . . . [and] provides a sense that things are the way they have to be as it asserts …