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Articles 61 - 67 of 67
Full-Text Articles in Law
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Articles & Chapters
Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …
Judging Statutes, Peter L. Strauss
Judging Statutes, Peter L. Strauss
Faculty Scholarship
Chief Judge Robert Katzmann has written a compelling short book about statutory interpretation. It could set the framework for a two- or three-hour legislation class, supplemented by cases and other readings of the instructor's choosing. Or it might more simply be used as an independent reading assignment as law school begins, to apprise 21st-century law students just how important the interpretation of statutes will prove to be in the profession they are entering, and how unsettled are the judiciary's means of dealing with them. It should be required reading for all who teach in the field.
Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison
Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison
Articles
Legal educators today grapple with the changing dynamics of legal employment markets; the evolution of technologies and business models driving changes to the legal profession; and the economics of operating – and attending – a law school. Accrediting organizations and practitioners pressure law schools to prepare new lawyers both to be ready to practice and to be ready for an ever-fluid career path. From the standpoint of law schools in general and any one law school in particular, constraints and limitations surround us. Adaptation through innovation is the order of the day.
How, when, and in what direction should innovation …
Improving The Performance Of The Performance Test: The Key To Meaningful Bar Exam Reform, Ben Bratman
Improving The Performance Of The Performance Test: The Key To Meaningful Bar Exam Reform, Ben Bratman
Articles
If there are going to be bar exams in the United States — and there are, for the foreseeable future — then the lingering question is how to improve them to better serve the goal of evaluating minimum competence. The bar exam is roundly and rightly criticized by academics and practitioners as disconnected from the actual functions that lawyers perform. The focus of the exam, critics say, is too much on knowledge and memorization of law. That focus is exacerbated by the recent addition of a seventh substantive subject, Civil Procedure, to the Multistate Bar Examination (MBE).
The path to …
Innovators, Esq.: Training The Next Generation Of Lawyer Social Entrepreneurs, Stephanie Dangel, Michael J. Madison
Innovators, Esq.: Training The Next Generation Of Lawyer Social Entrepreneurs, Stephanie Dangel, Michael J. Madison
Articles
Today’s law school graduates need to be entrepreneurial to succeed, but traditional legal education tends to produce lawyers who are “strange bedfellows” with entrepreneurs. This article begins by examining the innovative programs at many law schools that ameliorate this tension, including the programs offered by our Innovation Practice Institute (IPI) at the University of Pittsburgh School of Law. Although these programs train law students to represent entrepreneurs and to be entrepreneurial in law-related careers, few (if any) law schools train law students to be “business” entrepreneurs. Drawing on our own experiences and the writings of Bill Drayton, the lawyer who …
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand
Articles
Recent discussions of experiential education have at times considered the role of moot opportunities in legal education. Many, if not most, moot courts and related activities have been designed primarily as competitions. One moot, the Willem Vis International Commercial Arbitration Moot, is different in that it was designed, and has been consistently administered, as a tool for educating future lawyers. That education has included both skills training of the highest order and the development of a doctrinal understanding of important international legal instruments, especially those created and administered by the United Nations Commission on International Trade Law (UNCITRAL). This pair …
Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez
Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez
Articles
“Towards an Education for Justice: South North Perspectives” was the theme of the XI LatCrit South North Exchange on Theory, Culture and Law, convened at the Universidad de los Andes in Bogotá, Colombia in 2014. Scholars, students and activists from more than 10 countries encompassing the Global South and Global North engaged in a critical and animated exchange on the changing space of legal studies and how this change can be stirred towards acknowledging the need to integrate a concern for justice as part of legal education. The premise of the Conference was that the dominant model of legal education, …