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Full-Text Articles in Law
Korean Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee
Korean Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee
Washington International Law Journal
In 2009, Korea implemented a law school educational system, which not only changed the legal education system, but the legal landscape as a whole. This has led to rapid growth in the number of attorneys. Although the increased number of attorneys has resulted in lower barriers to accessing justice, it has also brought the unintended consequence of cut-throat competition. With the number of disciplinary actions rising by four-fold in the last three years, the current version of the Korean Code of Ethics for Attorneys is certainly a step in the right direction but may not be enough to strengthen attorneys’ …
Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins
Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins
Washington Journal of Law, Technology & Arts
There has been considerable discussion in academic circles about the possibility of moving toward open educational materials—those which may be shared, copied and altered freely, without permission or fee. Legal education is particularly ripe for such a transition, as many of the source materials—including federal statutes and cases—are in the public domain. In this article, we discuss our experience producing an open casebook and statutory supplement on Intellectual Property Law, and answer many of the frequently asked questions about the project. Obviously, open coursebooks are less expensive and more convenient for students. But we found that they also offer pedagogical …
Can Law Students Disrupt The Market For High-Priced Textbooks?, Jane K. Winn
Can Law Students Disrupt The Market For High-Priced Textbooks?, Jane K. Winn
Washington Journal of Law, Technology & Arts
The Center for Computer-Assisted Legal Instruction (CALI) is a non-profit organization whose mission is to advance legal education through technological innovation and collaboration. With its eLangdell Press project, CALI publishes American law school textbooks in open access, royalty-free form, offering faculty authors compensation equivalent to what most law school textbook authors would earn in royalties from a traditional full-price publisher. I am writing a new sales textbook and “agreements supplement” based on contemporary business practice that I will publish in open access form with CALI’s eLangdell Press. Relatively few other American legal academics publish in open access form, however, suggesting …
The Idea Of The Casebook: Pedagogy, Prestige, And Trusty Platforms, Joseph Scott Miller, Lydia Pallas Loren
The Idea Of The Casebook: Pedagogy, Prestige, And Trusty Platforms, Joseph Scott Miller, Lydia Pallas Loren
Washington Journal of Law, Technology & Arts
Independently published, electronically delivered books have been the future of the law school casebook for some time now. Are they destined to remain so? We sketch an e-casebook typology then highlight some features of law professor culture which suggest that, although e-casebook offerings will surely expand, the trust credential that the traditional publishers provide plays a durable, central role in the market for course materials that law professors create.
Self-Publishing An Electronic Casebook Benefited Our Readers—And Us, Eric Goldman, Rebecca Tushnet
Self-Publishing An Electronic Casebook Benefited Our Readers—And Us, Eric Goldman, Rebecca Tushnet
Washington Journal of Law, Technology & Arts
Self-publishing our electronic casebook, Advertising and Marketing Law: Cases & Materials, wasn’t some grand ambition to disrupt legal publishing. Our goal was more modest: we wanted to make available materials for a course we strongly believe should be widely taught in law school. Electronic self-publishing advanced that goal in two key ways. First, it allowed us to keep the price of the materials low. Second, we bypassed gatekeepers who may have degraded the casebook’s content and slowed the growth of an advertising law professors’ community.
Beyond The Fakultas'S Four Walls: Linking Education, Practice, And The Legal Profession, Stephen A. Rosenbaum
Beyond The Fakultas'S Four Walls: Linking Education, Practice, And The Legal Profession, Stephen A. Rosenbaum
Washington International Law Journal
More than fifty years after the first post-colonial Southeast Asian regional conference on legal education, commentators and educators do not necessarily agree on the appropriate curricular balance between theory, doctrine, and practice, or what role the government should play in directing the orientation of legal studies and careers in Indonesia’s law schools. The author argues in favor of legal education that is rich in experiential learning and integrates the involvement of practitioners and doctrinal faculty. This objective may be a relatively new reality in Indonesia, but also one that needs revitalization in other Southeast Asian nations and beyond. This article …
Cases And Controversies: Some Things To Do With Contracts Cases, Charles L. Knapp
Cases And Controversies: Some Things To Do With Contracts Cases, Charles L. Knapp
Washington Law Review
As a co-author of one of the two dozen or more currently-in-print Contracts casebooks, I obviously have both a point of view about, and a personal stake in, the survival of this particular method of instruction. Whether the legal casebook—or any other book, in the form of bound sheets of paper—will remain a part of our academic culture much longer is clearly up for grabs, however. Electronic records have so many advantages over the printed page that, at least for many purposes, they will surely become the dominant form of preserving, retrieving, and transmitting information, if indeed they are not …
The Perspective Of Law On Contract, Aditi Bagchi
The Perspective Of Law On Contract, Aditi Bagchi
Washington Law Review
What is the perspective of law on contract? This Article will consider two dimensions of the perspective we offer students. Part I will consider how we present the nature of contract law. That is, it will explore the extent to which traditional methods of teaching unduly underplay indeterminacy and disagreement. In that Part I distinguish between inductive and deductive legal reasoning and suggest we may give short shrift to the former in teaching. Part II will consider the attitude of the law toward contract as a social practice. Here I distinguish between internal and external perspectives on law and suggest …
Contract Texts, Contract Teaching, Contract Law: Comment On Lawrence Cunningham, Contracts In The Real World, Brian H. Bix
Contract Texts, Contract Teaching, Contract Law: Comment On Lawrence Cunningham, Contracts In The Real World, Brian H. Bix
Washington Law Review
Lawrence Cunningham’s Contracts in the Real World offers a good starting place for necessary conversations about how contract law should be taught, and, more generally, for when and how cases—in summary form or in longer excerpts—are useful in teaching the law. This Article tries to offer some reasons for thinking that their prevalence may reflect important truths about contract law in particular and law and legal education in general.
Reflections On Contracts In The Real World: History, Currency, Context, And Other Values, Lawrence A. Cunningham
Reflections On Contracts In The Real World: History, Currency, Context, And Other Values, Lawrence A. Cunningham
Washington Law Review
It is gratifying to read that this symposium issue of the Washington Law Review was stimulated by Contracts in the Real World. Thanks to the editors for the opportunity to ruminate on the place of the book’s approach—stressing context through stories—in the tradition of contracts pedagogy. To that end, Part I first pinpoints relevant historical milestones in the field of contracts casebooks. Building on that historical grounding, Part II then highlights the values of currency and context that the stories approach epitomizes. Turning more speculative, Part III considers the value of this approach from the perspective of the purpose …
Contract Stories: Importance Of The Contextual Approach To Law, Larry A. Dimatteo
Contract Stories: Importance Of The Contextual Approach To Law, Larry A. Dimatteo
Washington Law Review
How law is taught is at the center of the debate over the need to change legal education to better prepare students for a difficult and changing marketplace for legal services. This Article analyzes the benefits of using “stories” to teach law. The stories to be discussed relate to contract law: this Article asks whether they can be used to improve the method and content of teaching law. The ruminations offered on teaching contract law, however, are also relevant to teaching other core, first-year law courses.
Unpopular Contracts And Why They Matter: Burying Langdell And Enlivening Students, Jennifer S. Taub
Unpopular Contracts And Why They Matter: Burying Langdell And Enlivening Students, Jennifer S. Taub
Washington Law Review
Thus, the purpose of this piece is to provide an alternative: a transformation of how Contracts is taught in law schools so that we meet a variety of educational objectives. This is less of a prescription than it is a resolution made in the public sphere: a promise to shake things up in my own classroom and thus hopefully do better by students in the long run. It is also the beginning of a search to benchmark against the practices of others, and to seek input from those who have already begun to transform their Contracts teaching materials and methods. …
Teaching Environmental Law In The Era Of Climate Change: A Few Whats, Whys, And Hows, Michael Robinson-Dorn
Teaching Environmental Law In The Era Of Climate Change: A Few Whats, Whys, And Hows, Michael Robinson-Dorn
Washington Law Review
One of our key objectives at this celebration has been to explore the future of environmental law. To continue the exploration, I've chosen to address not an area of environmental law or environmental practice, but rather the teaching of environmental law. I hope to provoke the dialogue toward answering fundamental questions about what we should teach, why we should teach it, and how we should go about that task. It is an effort that I hope will engage not only the usual suspects for such pieces, a few fellow teachers and the watchful eye of a student law review editor, …
The New Japanese Law Schools: Putting The Professional Into Legal Education, James R. Maxeiner, Keiichi Yamanaka
The New Japanese Law Schools: Putting The Professional Into Legal Education, James R. Maxeiner, Keiichi Yamanaka
Washington International Law Journal
In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally. In order for Japan's new law schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …
Law Student Advocates And Conflicts Of Interest, Adrienne Thomas Mccoy
Law Student Advocates And Conflicts Of Interest, Adrienne Thomas Mccoy
Washington Law Review
Law students who represent clients under attorney supervision are subject to no clear conflict of interest rules. Whether they are considered lawyers or nonlawyers for purposes of each state's ethics rules is uncertain. Available rules governing lawyer and nonlawyer conflicts of interest ignore the competing interests of legal education, law student employment, clients, and public service. This Comment proposes a student conflict of interest rule that balances these interests by (1) holding student advocates to high ethical standards and (2) allowing screening to cure most conflicts that occur within student representation and that would otherwise handicap students in future employment
Keynote Address—The 21st Century Lawyer: Is There A Gap To Be Narrowed?, Robert Maccrate
Keynote Address—The 21st Century Lawyer: Is There A Gap To Be Narrowed?, Robert Maccrate
Washington Law Review
This law school symposium on the Twenty-First Century Lawyer reflects a fundamental shift in the focus of legal education within the academy—from law in the abstract toward the reality of law in the daily work of lawyers. While holding firm to their scholarly mission, law schools are giving increasing attention to the world of lawyer performance and the needs of their students to be prepared to participate effectively in the legal profession. The 1992 Report entitled Legal Education and Professional Development-An Educational Continuum, by a task force of the American Bar Association Section of Legal Education and Admissions to the …
Introduction: The Maccrate Report—Heuristic Or Prescriptive?, Wallace Loh
Introduction: The Maccrate Report—Heuristic Or Prescriptive?, Wallace Loh
Washington Law Review
There is a freight train gathering speed on the tracks of legal education, and it is called SSV—Statement of Skills and Values. This SSV stands as the centerpiece of the Report of the ABA Task Force on Law Schools and the Profession: Narrowing the Gap, better known as the MacCrate Report, named after its chair, Robert MacCrate. The MacCrate Report has ignited a rational debate on curricular reform that is becoming increasingly intense. Viewed broadly, SSV may represent the greatest proposed paradigm shift in legal education since Langdell envisioned legal education as the pursuit of legal science through the case …
On Teaching Professional Judgment, Paul Brest, Linda Krieger
On Teaching Professional Judgment, Paul Brest, Linda Krieger
Washington Law Review
To answer the question posed by the conveners of this symposium, of course there is a gap between legal education and the legal profession. There has always been one, and quite possibly it has widened somewhat in recent years, if for no other reason than that the world in which lawyers practice has changed so much while legal education has changed relatively little. The external changes include the internationalization of legal transactions, the centrality of technology to many aspects of practice, increased specialization driven by the proliferation and complexity of statutory and regulatory schemes, and the overloading of traditional systems …
Another "Postscript" To "The Growing Disjunction Between Legal Education And The Legal Profession", Harry T. Edwards
Another "Postscript" To "The Growing Disjunction Between Legal Education And The Legal Profession", Harry T. Edwards
Washington Law Review
"The Gap Between Legal Education and the Needs of the Profession," the subject of this symposium, is a matter about which I have had much to say over the past two years. In the October 1992 edition of the Michigan Law Review, I expressed my deep concern about "the growing disjunction between legal education and the legal profession," in an article with the same title.
Education For A Public Calling In The 21st Century, Phoebe A. Haddon
Education For A Public Calling In The 21st Century, Phoebe A. Haddon
Washington Law Review
A decade ago, an issue of the Association of American Law Schools' Journal of Legal Education was devoted to ruminations on selecting lawyers for the twenty-first century. Although some of the papers in the Journal issue offered congratulatory messages to legal educators and the Law School Admissions Council for their work, others more critically assessed legal education and the admissions process, warning of an impending "mid-life crisis" caused in part by an unreflective period of maturation. Focusing on two decades of "applicant explosion," affording the conscious creation of "a more intellectually elite profession,"' a number of the authors who submitted …
From Sink Or Swim To The Apprenticeship: Choices For Lawyer Training, Lucy Isaki
From Sink Or Swim To The Apprenticeship: Choices For Lawyer Training, Lucy Isaki
Washington Law Review
Our symposium today asks the question: Is there a gap in lawyer training to be narrowed? My answer is: Probably. Is it any greater than the gap that existed twenty or thirty years ago? I think not. Law schools are graduating women and men well prepared to begin the practice of law. True, there is much that new law school graduates do not yet know. But in a short time—two to three years—most new law graduates gain the skills and substantive knowledge needed to be successful.
Economic Reality Facing 21st Century Lawyers, Thomas D. Morgan
Economic Reality Facing 21st Century Lawyers, Thomas D. Morgan
Washington Law Review
Our predictions of future developments may be wrong, but if we do not at least think seriously about what skills these students will need to participate in the rapidly changing legal profession, we as legal educators will be certain to disserve both our students and their future clients.
Narrowing The Gap By Narrowing The Field: What's Missing From The Maccrate Report—Of Skills, Legal Science And Being A Human Being, Carrie Menkel-Meadow
Narrowing The Gap By Narrowing The Field: What's Missing From The Maccrate Report—Of Skills, Legal Science And Being A Human Being, Carrie Menkel-Meadow
Washington Law Review
I come here today, not to bury the MacCrate Report, but to criticize it, not for what it includes, although that is part of my critique, but for what it leaves out. I also want to situate my critique in the contentious intellectual history of legal education and legal scholarship, that, in my view, has too long polarized both the intellectual value and rigor of "law" (conceived of either as doctrine or theory) and "skills" (those nasty things that real lawyers have to do to express "the law" and represent clients). Among the most recent entries to this debate is …
Back To The Crib?, William B. Stoebuck
Back To The Crib?, William B. Stoebuck
Washington Law Review
First, let me note that this Rembe Lecture honors Toni Rembe, Esq., a distinguished graduate of this law school, class of 1960. Toni and I knew each other as fellow students and members of the Washington Law Review, since I was class of 1959. After graduating here, she took a Master of Laws in taxation at New York University in 1961. Then she joined the premier San Francisco law firm of Pillsbury, Madison & Sutro, where she has long been the head of the tax law division. Toni, who is a Seattle native, has maintained her ties to this city. …
Somewhere Farther Down The Line: Maccrate On Multiculturalism And The Information Age, Burnele V. Powell
Somewhere Farther Down The Line: Maccrate On Multiculturalism And The Information Age, Burnele V. Powell
Washington Law Review
A couple of months ago, sometime after I was invited by Symposium Editor Ruth Kennedy to participate in today's discussion, I got a telephone call from her. She wanted to know the title of my remarks. I, of course, had no idea, what I would entitle these remarks because I was still freshly in the throes of trying to write these remarks. Only moments before the phone rang, I had been preoccupied with several CDs that I had recently purchased and was thinking about the task ahead of me. It did occur to me, however, that there was something I …
Teaching Tax Law After Tax Reform, Martin D. Ginsburg
Teaching Tax Law After Tax Reform, Martin D. Ginsburg
Washington Law Review
Professor Ginsburg compares the teaching of individual income taxation before and after the extensive statutory revisions of the 1980s. The pervasive question, what is income, remains the central inquiry in the basic tax course, he observes, and the great classifications, personal versus commercial and current versus capital, unavoidably persist. The development in tax law that has most significantly changed the way the subject is taught, he believes, is embodied in the recent enactment of a variety of Internal Revenue Code provisions which, while facially inconsistent in their approach to particular cases, have in common an appreciation of differences in present …
Anatomy Of Legal Education (Report Of The Tunks Committee): The Way We Were And The Way We Are, Afton Dekanal
Anatomy Of Legal Education (Report Of The Tunks Committee): The Way We Were And The Way We Are, Afton Dekanal
Washington Law Review
Lehan K. Tunks, then Dean of Rutgers Law School in Newark, chaired an Association of American Law Schools Committee on Law School Administration and University Relations that conducted "an inquiry into the adequacy and mobilization of the financial and human resources in American law schools for research and education for the legal profession...." The study, begun in 1955, resulted in a 1961 report, Anatomy of Modern Legal Education, examining the 1956-57 operation of the 129 law schools then on the American Bar Association's approved list. A 146-page questionnaire answered by the dean of each school and a shorter questionnaire answered …
A Century Of Case Method: An Apologia, James M. Dente
A Century Of Case Method: An Apologia, James M. Dente
Washington Law Review
This article will review the case method and the alternatives from the viewpoint of a seasoned-practitioner-turned-law-teacher. I will examine some of the criticisms of the method and offer some observations not heretofore made in the debate. It is hoped that this may help law students better understand the wisdom behind the use of the much maligned case method, which is still used in one form or another by the vast majority of American law professors.
Equal Protection, Affirmative Action And Racial Preferences In Law Admissions: De Funis V. Odegaard, Arval A. Morris
Equal Protection, Affirmative Action And Racial Preferences In Law Admissions: De Funis V. Odegaard, Arval A. Morris
Washington Law Review
The purpose of this article is to explore the constitutional dimensions of the equal protection problem presented by a law school's voluntary adoption of racial classifications in a preferential admissions policy, and to do so, in part, by focusing on the recent case of De Funis v. Odegaard.
Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern
Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern
Washington Law Review
It has been said that man's concepts of right and wrong and of justice are realized through his legal system; or to put it another way, that the law reflects the value judgments of the society in which it operates. More often than not, two societies will reflect two quite different images. The same can be said for legal education, another of the many mirrors in which societies can see themselves. To attempt to impose the forms and standards of one on another can obviously lead only to distortion. Unfortunately, this fact is apparently not so obvious to United States …