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

Law Commons

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

Articles 1 - 12 of 12

Full-Text Articles in Law

Addressing Shortfalls In Traditional Legal Education: Ut's Concentrations And Capstones And Waller Lansden's Schola2juris Program, George Kuney, Joseph Watson Oct 2013

Addressing Shortfalls In Traditional Legal Education: Ut's Concentrations And Capstones And Waller Lansden's Schola2juris Program, George Kuney, Joseph Watson

Scholarly Works

Law school’s traditional educational model needs to be revamped. The traditional law firm’s summer associate model needs restructuring. Some might say they are both broken. Across the country, educators, and commentators are talking about legal education reforms and leading law firms are confronting how to improve the age-old mechanism for recruiting law students.

In the recent past, the legal employment landscape provided no incentive for law firms to question their traditional recruiting practices. The traditional law-firm recruitment model — the summer-associate program — is often little more than a glorified summer camp for some of the most highly educated — …


Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille A. Jewel Oct 2013

Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille A. Jewel

Scholarly Works

This is a paper written in response to Professor Brian Tamanaha’s Failing Law Schools. Much of the book is laudable for highlighting the serious structural, policy, and moral issues confronting legal education today. However, I disagree with several of Professor Tamanaha’s ideas for reforming our system. In this paper, I write from the perspective of a tenured legal writing professor teaching at a for-profit fourth tier school, in fact, one of the schools that Tamanaha repeatedly implies are the problem and not the solution for the legal education crisis.

Part One addresses the idea, which dates back to 1921, that …


Illuminating Innumeracy, Lisa Milot Apr 2013

Illuminating Innumeracy, Lisa Milot

Scholarly Works

Everyone knows that lawyers are bad at math. Many fields of law, though — from explicitly number-focused practices like tax law and bankruptcy, to the less obviously numerical fields of family law and criminal defense — require interaction with, and sophisticated understandings of, numbers. To the extent that lawyers really are bad at math, why is that case? And what, if anything, should be done about it?

In this Article, I show the ways in which our acceptance of innumeracy harms our ability to practice and think about the law. On a practical level, we miscalculate numbers, oversimplify formulas, and, …


A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian Krumm, Joan Macleod Heminway, Michael J. Higdon Jan 2013

A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian Krumm, Joan Macleod Heminway, Michael J. Higdon

Scholarly Works

No abstract provided.


Preparing The Transactional Lawyer: From Doctrine To Practice, George Kuney Jan 2013

Preparing The Transactional Lawyer: From Doctrine To Practice, George Kuney

Scholarly Works

No abstract provided.


Where Do The Prophets Stand?: Hamdi, Myth And The Master's Tools, Linda H. Edwards Jan 2013

Where Do The Prophets Stand?: Hamdi, Myth And The Master's Tools, Linda H. Edwards

Scholarly Works

No abstract provided.


Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan Jan 2013

Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan

Scholarly Works

No abstract provided.


Joining The Conversation: Law Library Research Assistant Programs And Current Criticisms Of Legal Education, David Mcclure Jan 2013

Joining The Conversation: Law Library Research Assistant Programs And Current Criticisms Of Legal Education, David Mcclure

Scholarly Works

Law libraries should play a greater role in addressing the current crisis in legal education. Proponents for educational reform often view libraries as a vehicle for cost savings, while overlooking the ability of libraries to train students in the skills and competencies that are essential for the practice of law. Libraries’ research assistant programs can be particularly effective in imparting workplace values and lawyering skills beyond the traditional law school curriculum. This article encourages libraries to build on the strengths of their research assistant programs as a substantive way to equip law students with essential skills for today’s legal marketplace.


Legal Writing: A Doctrinal Course, Linda H. Edwards Jan 2013

Legal Writing: A Doctrinal Course, Linda H. Edwards

Scholarly Works

Legal writing instruction in American law schools has come a long way. Although scattered experiential courses and co-curricular activities have existed since legal education moved into a university setting, the modern era of skills education began in the 1950s and 1960s, with the creation of live-client clinics at many law schools. Early legal writing programs soon followed, moving into the main stream of curricular reform during the 1980s and 1990s. As these new courses and new instructors moved into the academy, the language of legal education naturally changed. Law faculties found themselves wanting to describe these new additions to the …


Plus Ça Change, Plus C’Est La Même Chose, Nancy B. Rapoport Jan 2013

Plus Ça Change, Plus C’Est La Même Chose, Nancy B. Rapoport

Scholarly Works

This essay takes the original plans from NYU Law School and draws analogies between those plans and the issues facing legal education today.

Benjamin Butler's 1835 Plan for the Organization of a Law Faculty and for a System of Instruction in Legal Science in the University for the City of New-York will make any law school dean feel like Yogi Berra: it’s “deja-vu all over again.” The issue of how best to organize a curriculum to train legal professionals was a hot topic then, and it’s a hot topic now.


Teaching Antitrust After The Financial Crisis, Maurice Stucke Jan 2013

Teaching Antitrust After The Financial Crisis, Maurice Stucke

Scholarly Works

No abstract provided.


Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway Jan 2013

Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway

Scholarly Works

Over the past ten years, the doctrinal rules governing business associations have become more complex (with, e.g., the addition of significant federal law on corporate governance and corporate finance and the recent enactment of social enterprise forms of entity). Moreover, a number of us have added experiential learning to the business associations course (or another similarly titled foundational course on business entity law) and have increased the number and types of assessment tools used in our business associations pedagogy. This has made the task of teaching business associations somewhat overwhelming.

Law faculty respond to the challenges of teaching introductory business …