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Articles 1 - 21 of 21
Full-Text Articles in Law
A Model For Defunding: An Evidence-Based Statute For Behavioral Health Crisis Response, Taleed El-Sabawi, Jennifer J. Carroll
A Model For Defunding: An Evidence-Based Statute For Behavioral Health Crisis Response, Taleed El-Sabawi, Jennifer J. Carroll
Faculty Publications
Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers, but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic culture of racialized violence. Public outcry against racial inequities has increased as the authority of police departments has expanded to include not only the authority to respond to and investigate criminal activity, but also to respond to calls regarding behavioral health issues and …
The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields
The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields
Faculty Publications
Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, most law faculty and administrators did nothing—prompting Black students to take time away from their studies to organize, draft letters, gather signatures, and have very uncomfortable conversations with university administrators and faculty about the need for change. Meanwhile, Black faculty and faculty of color, who …
Using Science To Build Better Learners: One School's Successful Efforts To Raise Its Bar Passage Rates In An Era Of Decline, Louis N. Schulze Jr.
Using Science To Build Better Learners: One School's Successful Efforts To Raise Its Bar Passage Rates In An Era Of Decline, Louis N. Schulze Jr.
Faculty Publications
What measures can law schools take to improve student performance and bar passage? The answer is not what you think.
Recent developments in the science of learning show that most law students learn wrong. In fact, ineffective methods of learning pervade all levels of education. We now know that widely accepted learning and study strategies that were once considered gospel are actually deeply flawed. Yet we still embrace and propagate those myths.
Meanwhile, bar passage rates and law student performance are plummeting. Everyone in legal education is asking “what can we do?” But, “what can we do?” is the wrong …
J.D.S And Jobs: The Case For An Aba Accreditation Standard On Employment Outcomes, Scott F. Norberg
J.D.S And Jobs: The Case For An Aba Accreditation Standard On Employment Outcomes, Scott F. Norberg
Faculty Publications
No abstract provided.
Educación Legal En Los Estados Unidos Ii: Educación De Postgrado, Educación Continuada, Y Consideraciones Comparativas, Maria Elena Cobas Cobiella, M C. Mirow
Educación Legal En Los Estados Unidos Ii: Educación De Postgrado, Educación Continuada, Y Consideraciones Comparativas, Maria Elena Cobas Cobiella, M C. Mirow
Faculty Publications
This series of two articles describes the most important features of legal education in the United States. Part I, published previously in this journal, discusses law schools and the juris doctor. Part II, published here, discusses graduate legal education, continuing legal education, and some comparative aspects of U.S. legal education in light of the Bologna Plan.
Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M C. Mirow
Educación Legal En Los Estados Unidos I: Facultades De Derecho Y El Juris Doctor, Maria Elena Cobas Cobiella, M C. Mirow
Faculty Publications
This series of two articles describes the most important features of legal education in the United States. Part I, found here, discusses law schools and the juris doctor. Part II, published later in the same journal, discusses graduate legal education, continuing legal education, and some comparative aspects of U.S. legal education in light of the Bologna Plan.
Teaching The Post-Sex Generation, Kerri Lynn Stone
Teaching The Post-Sex Generation, Kerri Lynn Stone
Faculty Publications
There is a trend that I have observed in the course of leading my classes in discussions about the kinds of behavior that may constitute unlawful discrimination: the emergence of an attitude among students that society is simply “post-sex,” or no longer in need of most or all anti-sex discrimination jurisprudence. This Article details my own approach to teaching and to raising and conducting discussions about how anti-discrimination legislation and jurisprudence works in theory, in practice, and how it would/could work in an ideal world. I enjoy teaching students with a diversity of viewpoints. However, when I began to encounter …
Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Adam A. Ding
Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Adam A. Ding
Faculty Publications
This article details the findings of a two-year empirical study on the impact of a law school academic support program (ASP) on law students. The hypothesis of the study was that as students' participation in a well-resourced, open-access ASP increases, students' perception of "autonomy support" and "humanizing" grows as well. The study concludes, based upon statistically significant data, that law school ASPs impact students in positive ways and therefore are worth the investment. This article is the third in a series designed to show that law school academic support measures positively impact students' well-being and lead to a more robust …
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Faculty Publications
In the wake of two momentous critiques of legal education, popularly known as the “Carnegie Report” and “Best Practices,” law schools are reconsidering certain basic assumptions about how we educate future lawyers. Even the most forward-thinking reformers, however, struggle with the details of how to implement many of the recommendations of those reports. Providing more formative assessment, for instance, is a laudable objective but one that has serious ramifications in terms of resource expenditures. This article seeks to provide a remedy for many of these struggles: “Academic Support Across the Curriculum.” This piece argues that the reconceptualization of an under-leveraged …
Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman
Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman
Faculty Publications
In a law review article entitled "The Changing Cultures and Economics of Large Law Firm Practice and Their Impact on Legal Education," DLA Piper partner Neil J. Dilloff details recent changes in the way that BigLaw does business. He then suggests a number of improvements in legal education ostensibly compelled by the new economic realities of large firm practice. While many of Attorney Dilloff's suggestions make very good sense, several problems exist. In this short essay, we take the position that law schools should not pattern current reforms solely on the needs of BigLaw. Instead, we suggest that reforming legal …
Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone
Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone
Faculty Publications
No abstract provided.
Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School, Louis N. Schulze Jr.
Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School, Louis N. Schulze Jr.
Faculty Publications
This Article examines a problem that exists in law school academic support programs. While many schools now include extensive academic support opportunities within their curricula, some schools make the choice that more modest investments in these programs are warranted. Obviously, funding such programs is expensive, and law school administrations understandably are reticent to finance such endeavors absent guarantees of results. As such, scholars have attempted to prove, empirically, that law school academic support programs (ASPs) lead to demonstrable results in terms of improvements in student performance in law school and on the bar exam. Setting aside that important project, I …
Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr.
Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr.
Faculty Publications
Controversy exists over whether the Family Education Records Privacy Act prohibits certain progressive law school academic support methodologies. This Article analyzes these claims, using the text of the statute, the related regulations, case law from the Supreme Court of the United States and other federal courts, and statements from the Department of Education. The thesis of this Article is that most academic support methods are perfectly lawful and that FERPA and progressive pedagogy can peaceably coexist.
Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot
Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot
Faculty Publications
Latina and Latino student enrollment in U.S. law schools the last few decades has increased. This increase, however, has not resulted in a comparable increase in Latino and Latina law professors. To foster diversity in law school faculties and to increase Latina representation, the “Dirty Dozen List” was published. The List was comprised of the top twelve U.S. law schools located in high Latina populated areas but lacking a single Latina professor on the faculty. The List served to increase awareness of the lack of diversity at some of the nation’s top legal institutions, as well as “shame” these schools …
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Faculty Publications
Legal Writing courses traditionally focus on litigation writing. The course usually includes assignments on writing interoffice memoranda, drafting trial or appellate briefs, and conducting oral arguments - all in the context of a lawsuit. But, how does this exclusive focus on litigation treat students with no interest in that subject? For future transactional lawyers, the dominance of litigation writing might seem to ignore their needs. Should they be learning how to draft contracts, create corporate documents, or write commercial leasing agreements? This Article examines whether legal writing courses, either in the first year of law school or later, sufficiently address …
Reflections On Law Schools And The Idea Of The University, Thomas E. Baker
Reflections On Law Schools And The Idea Of The University, Thomas E. Baker
Faculty Publications
Thomas Baker is one of the founding faculty members of the Florida International University College of Law and this article is based on a speech delivered in October of 2002 during the university's Annual Faculty Convocation. It details the composition of both the entering classes and the law faculty and discusses the law school's mission to provide opportunities for minorities to attain representation in the legal profession that is proportionate to their representation in the population. It explores the role of law schools in higher education and notes the FIU College of Law's efforts to incorporate important developments in the …
Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr.
Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr.
Faculty Publications
Imagine that you have returned to your first year of law school. In your legal writing course, you are required to finish the year with an extensive brief analyzing a legal problem. After months in your doctrinal courses dealing with mind-bending legal issues such as liquidated damages, substantive due process, felony murder, personal jurisdiction, and shifting executory interests, you are ready to sink your teeth into a challenging legal writing assignment. You want to show your stuff and prove that your writing is law review caliber. Your assignment starts as follows: Greenacre is a parcel of land bounded on three …
In Memoriam: Jerry Phillips: A Scholar & A Gentleman, Elizabeth Price Foley, Elizabeth C. Price
In Memoriam: Jerry Phillips: A Scholar & A Gentleman, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
No abstract provided.
Common Ground: Perspectives On Latino-Latina Diversity, Ediberto Román
Common Ground: Perspectives On Latino-Latina Diversity, Ediberto Román
Faculty Publications
In academic circles, when one speaks of scholarship, one speaks of scholarly legal publications. While such writing is obviously important for reform as well as for professional self-preservation,, I would take the term scholarship a step further. As true students of the law, we have a status in society that gives us a forum, and as Latinos/as we have an obligation to use our status to affect our communities. I, therefore, strongly support becoming more active by getting our voices heard beyond traditional modes of legal discourse. There are scores of communication mediums, such as newspapers and non-legal journals whose …
Not Another Constitutional Law Course: A Proposal To Teach A Course On The Constitution, Thomas E. Baker
Not Another Constitutional Law Course: A Proposal To Teach A Course On The Constitution, Thomas E. Baker
Faculty Publications
Professors Baker and Viator discuss the shortcomings of the current law school constitutional law curriculum. They lament the emphasis on current Supreme Court cases to the almost complete exclusion of the actual text of the Constitution and writings of the intellectual and philosophical history from which it sprang. The professors then lay out a syllabus for their proposed three credit constitutional law class.
A Law Student’S Responsibility For A Liberal Education, Thomas E. Baker
A Law Student’S Responsibility For A Liberal Education, Thomas E. Baker
Faculty Publications
No abstract provided.