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Full-Text Articles in Law

Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux Jan 2021

Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux

Articles

No abstract provided.


Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Jan 2020

Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin

Articles

The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise ...


Mindfulness In Legal Ethics And Professionalism, Peter H. Huang Jan 2019

Mindfulness In Legal Ethics And Professionalism, Peter H. Huang

Articles

Mindfulness involves paying attention with curiosity in an intentional, open, and compassionate way to life as it unfolds moment to moment. Law students, lawyers, law professors, legal clients, and indeed all people can improve their lives through mindfulness. Mindfulness can lead to individual benefits and personal transformation. Mindfulness can also lead to societal benefits and social change. This invited symposium contribution exemplifies how mindfulness can facilitate the positive personal and professional development of law students by presenting excerpts of law students' answers discussing mindfulness to questions from the final examination of the course: Legal Ethics and Professionalism. Notably, none of ...


From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer Jan 2019

From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer

Articles

No abstract provided.


Dethroning The Hierarchy Of Authority, Amy J. Griffin Jan 2018

Dethroning The Hierarchy Of Authority, Amy J. Griffin

Articles

The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet ...


Character Flaws, Frederic Bloom Jan 2018

Character Flaws, Frederic Bloom

Articles

Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling—an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance ...


Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang Jan 2018

Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang

Articles

This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach ...


Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang Jan 2018

Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang

Articles

Many important decisions can be difficult; require focused, cognitive attention; produce delayed, noisy feedback; benefit from careful and clear thinking; and quite often trigger anxiety, stress, and other strong, negative emotions. Much empirical, experimental, and field research finds that we often make decisions leading to outcomes we judge as suboptimal. These studies have contributed to the popularity of the idea of nudging people to achieve better outcomes by changing how choices and information are framed and presented (also known as choice architecture and information architecture). Although choice architecture and information architecture can nudge people into better outcomes, choice architecture and ...


Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart Jan 2018

Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart

Articles

Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and ...


What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe Jan 2018

What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe

Articles

Promoting the value of technical services librarians in the digital age.


The Economics Of American Higher Education In The New Gilded Age, Paul Campos Jan 2018

The Economics Of American Higher Education In The New Gilded Age, Paul Campos

Articles

No abstract provided.


Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden Jan 2018

Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Articles

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?


The Law Review Article, Pierre Schlag Jan 2017

The Law Review Article, Pierre Schlag

Articles

What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, a growing body of learning and empirical evidence shows that genres are not merely forms, but forms that anticipate their substance. In this Article, then, we try to capture this action by undertaking the first and only comprehensive “performative study” of the genre of the law review article.

Drawing upon methodological advances and new learning far beyond anything thought previously possible, we investigate “the law review article” qua genre. What ...


Is Legal Scholarship Worth Its Cost?, Paul Campos Jan 2017

Is Legal Scholarship Worth Its Cost?, Paul Campos

Articles

No abstract provided.


Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, And Leadership?, Peter H. Huang Jan 2017

Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, And Leadership?, Peter H. Huang

Articles

Jon Kabat-Zinn, the founder of mindfulness-based stress reduction, defines mindfulness as paying attention in a curious, deliberate, kind, and non-judgmental way to life as it unfolds each moment. Psychologist Ellen Langer defines mindfulness as a flexible state of mind actively engaging in the present, noticing new things, and being sensitive to context. Langer differentiates mindfulness from mindlessness, which she defines as acting based upon past behavior instead of the present and being stuck in a fixed, solitary perspective, oblivious to alternative multiple viewpoints. Something called mindfulness is currently very fashionable and has been so for some time now in American ...


Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart Jan 2017

Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart

Articles

No abstract provided.


From The Editor, Susan Nevelow Mart Jan 2016

From The Editor, Susan Nevelow Mart

Articles

No abstract provided.


What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss Jan 2016

What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss

Articles

Despite the rise of “big data” empiricism, law school admission remains heavily impressionistic; admission decisions rely on anecdotes about recent students, idiosyncratic preferences for certain majors or jobs, or mainly the Law School Admission Test (LSAT). Yet no predictors are well-validated and studies of the LSAT or other factors fail to control for other factors. The lack of evidence for what actually predicts law school success is especially surprising since, after the 2010s downturn, law schools now compete for fewer applicants. We fill this gap with a two-school, 1,400-student, 2005--2011 longitudinal study. We coded nondigitized applicant data and used ...


Practicing Practical Wisdom, Deborah J. Cantrell, Kenneth Sharpe Jan 2016

Practicing Practical Wisdom, Deborah J. Cantrell, Kenneth Sharpe

Articles

Wisdom is not an innate character trait; no one automatically is wise; wisdom is learned and acquired. More importantly, one can learn and acquire wisdom intentionally and skillfully — one can practice it. And, if the practice is structured in particular ways, the practice will improve one’s capacities to act with wisdom. This article clarifies theoretical muddiness and pedagogical imprecision by bringing together two important and robust strands of legal ethics literature. The first strand focuses on what the appropriate role of a lawyer is in a just society, while the second focuses on how a lawyer learns to be ...


Meta-Mindfulness: A New Hope, Peter H. Huang Jan 2016

Meta-Mindfulness: A New Hope, Peter H. Huang

Articles

This Essay starts by tracing its humble origins to an earlier, related and unique law review article, namely, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting. This Essay describes various professional responses to Tiger Cub Strikes Back, provides an update of some developments in research about parenting and legal education since Tiger Cub Strikes Back, and recounts a few personal stories about mindfulness and related to being an ex-child prodigy. This Essay then analyzes meta-mindfulness, defined as mindfulness about mindfulness. This Essay discusses how mindfulness about mindfulness can help facilitate the positive transformation of ...


Lawyers And Spoiled Identity, Paul Campos Jan 2015

Lawyers And Spoiled Identity, Paul Campos

Articles

No abstract provided.


Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein Jan 2015

Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein

Articles

This paper argues for increased coverage of the law of agency and alternative entities in business associations courses.


How Improving Decision-Making And Mindfulness Can Improve Legal Ethics And Professionalism, Peter H. Huang Jan 2015

How Improving Decision-Making And Mindfulness Can Improve Legal Ethics And Professionalism, Peter H. Huang

Articles

Lawyers who behave unethically and unprofessionally do so for various reasons, ranging from intention to carelessness. Lawyer misconduct can also result from decision-making flaws. Psychologist Chip Heath and his brother Dan Heath, in their best-selling book, Decisive: How to Make Better Decisions in Life and Work, suggest a process to improve people’s decision-making. They introduce the acronym WRAP as the mnemonic for these decision-making heuristics: (1) Widen your options, (2) Reality-test your assumptions, (3) Attain distance before deciding, and (4) Prepare to be wrong. The WRAP process mitigates these cognitive biases: (1) narrow framing of a decision problem, (2 ...


From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart Jan 2015

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

Articles

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs ...


The More Things Change . . . : Exploring Solutions To Persisting Discrimination In Legal Academia, Melissa Hart Jan 2015

The More Things Change . . . : Exploring Solutions To Persisting Discrimination In Legal Academia, Melissa Hart

Articles

No abstract provided.


The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder Jan 2015

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Articles

This Article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies have documented are prevalent among law students and lawyers today.

Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this Article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice, ultimately describing a state that we believe can only be termed "the Zombie Lawyer Apocalypse ...


Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert M. Linz Jan 2015

Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert M. Linz

Articles

This article describes a method of research analysis and planning for legal problems. It introduces the framework of research plan, log, and product and provides a detailed research plan and log that students can use as a template for learning research. The article suggests how to teach the method in legal research classes, shares some of the author's experiences in teaching the method, and addresses some possible criticisms of this approach.


The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur Jan 2014

The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur

Articles

No abstract provided.


Legal Academia And The Blindness Of The Elites, Paul Campos Jan 2014

Legal Academia And The Blindness Of The Elites, Paul Campos

Articles

No abstract provided.


Missing The Forest For The Trees: Gender Pay Discrimination In Academia, Melissa Hart Jan 2014

Missing The Forest For The Trees: Gender Pay Discrimination In Academia, Melissa Hart

Articles

Women in virtually every job category still make less than men. Academia is no exception. This Article will explore some of the structural explanations for this continued disparity and the continued resistance to seriously confronting those structural barriers to equality. Using the still-unfolding story of a charge of discrimination filed against a university, this Article examines the script that has become all-too-familiar in discussions about the gender pay gap, whether in academia or elsewhere. The basic storyline in pay discrimination litigation is this: Evidence is presented about the existence of a gap between men's earnings and women's earnings ...