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2021

Legal education

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Full-Text Articles in Law

Debating Disability Disclosure In Legal Education, Jasmine E. Harris Dec 2021

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

All Faculty Scholarship

No abstract provided.


2020-2021 Annual Report, Caroline L. Osborne Nov 2021

2020-2021 Annual Report, Caroline L. Osborne

Law Library Annual Reports and Assessments

No abstract provided.


The Dream Of Property Professors, Ezra Rosser Nov 2021

The Dream Of Property Professors, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Michael Heller and James Salzman's new book, Mine! How the Hidden Rules of Ownership Control Our Lives, is a dream come true for property professors.

I suspect that many of us have moments when we think to ourselves, "wow, this stuff is really interesting," imagining that property law could somehow be of general interest. Too often that dream is killed when the eyes of non-lawyers, including family members, start to glaze over when they hear words like rule against perpetuities or trademark. Heller and Salzman have succeeded in making the stories property professors tell the stuff of a bestseller. They …


Explicit Instruction In Legal Education: Boon Or Spoon?, Beth A. Brennan Oct 2021

Explicit Instruction In Legal Education: Boon Or Spoon?, Beth A. Brennan

Faculty Law Review Articles

While legal education unquestionably hones students’ critical thinking skills, it also privileges students who are faster readers and have prior background knowledge or larger working memories. According to the prevailing mythology of law school pedagogy, students learn by struggling to find their way out of chaos. Only then is their learning deep enough to permit them to engage in critical thinking and legal reasoning. Learning theory and research suggest this type of “inquiry” learning is not an effective way to introduce novice learners to a subject. Lacking basic substantive and procedural knowledge, students’ struggles are often unproductive and dispiriting. Initial …


Reflections On Legal Education In The Aftermath Of A Pandemic, Timothy Casey Oct 2021

Reflections On Legal Education In The Aftermath Of A Pandemic, Timothy Casey

Faculty Scholarship

This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic. But this expansion must be thoughtful and deliberate. The legal education curriculum could include more on-line courses, but only if the learning outcomes and the pedagogy are aligned with on-line education. Experiential courses may not be the best fit for on-line given the specific learning outcomes and the benefits of in-person instruction in those courses. Second, student well-being will receive more attention in legal education. …


How The Covid-19 Crisis Has Reshaped Legal Education, Debra Vollweiler Sep 2021

How The Covid-19 Crisis Has Reshaped Legal Education, Debra Vollweiler

Faculty Scholarship

No abstract provided.


Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene Sep 2021

Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Global Access to Justice Project is gathering the very latest information on the impact of the world’s major justice systems, analyzing legal, economic, social, cultural and psychological barriers that prevent or inhibit many, and not only the poor, from entering and using the legal system. The country report for Singapore follows the common framework provided by the Global Access to Justice Project Questionnaire.


Disabled Perspectives On Legal Education: Reckoning And Reform, Lilith A. Siegel, Karen Tani Aug 2021

Disabled Perspectives On Legal Education: Reckoning And Reform, Lilith A. Siegel, Karen Tani

All Faculty Scholarship

This is an Introduction to a Journal of Legal Education symposium on "Disabled Law Students and the Future of Legal Education." The symposium's focal point is a set of first-person essays by disabled lawyers. Writing thirty years after the inclusive promise of the Americans with Disabilities Act, but also amidst powerful evidence (via the pandemic) of the devaluation of people with disabilities, contributors reflect on their experiences in law school and the legal profession. The symposium pairs these essays with commentary from some of the nation’s leading scholars of disability law. The overarching goals of the symposium are to help …


The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig Aug 2021

The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig

Faculty Scholarship

Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among faculty based on gender and the intersection of gender and race. The legal academy has been no exception to this reality. The widespread loss of childcare and the closing of both public and private primary and secondary schools have disproportionately harmed women law faculty, who are more likely than their male peers to work a “second shift” in terms of childcare and household responsibilities. Similarly, women law …


Law Library Usage For Legal Information Seeking Among The Law Students In Public Sector Universities: An Empirical Study, Jibran Jamshed, Muhammad Kashan Jamshaid, Iram Saleemi Jul 2021

Law Library Usage For Legal Information Seeking Among The Law Students In Public Sector Universities: An Empirical Study, Jibran Jamshed, Muhammad Kashan Jamshaid, Iram Saleemi

Library Philosophy and Practice (e-journal)

Objectives: The primary purpose of this study was to determine the Law Library usage patterns of law students in the public sector universities of Punjab, Pakistan. It analyzed the legal information needs of law students along with the purpose of their visits, availability of services, and major problems faced by law students in the law libraries.

Methodology: This empirical study was conducted while using a survey design. A structured questionnaire was distributed among the participants of the study using a convenience sampling technique. Collected data was analyzed and interpreted through the Statistical Package for Social Sciences (SPSS V23). …


Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams Jul 2021

Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.

This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …


The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden Apr 2021

The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden

Articles, Book Chapters, & Popular Press

Government lawyers, and the specific legal ethics issues that arise in their practices, remain largely overlooked in Canadian legal education. The authors argue that government lawyering should be better incorporated into legal ethics curricula in law schools, for both practical and conceptual reasons. Most importantly, understanding issues unique to government lawyering helps students better understand core concepts in legal ethics, and thus better prepare for the practice of law both in the public and private sectors. While law teachers face serious challenges in incorporating government lawyering into legal ethics education, many of those challenges can be confronted and ameliorated. The …


Law Faculty Experiences Teaching During The Pandemic, Bridget J. Crawford, Michelle S. Simon Apr 2021

Law Faculty Experiences Teaching During The Pandemic, Bridget J. Crawford, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

When colleges and universities abruptly shifted to online teaching in March 2020 all focus (appropriately) was on ensuring continuity of education for students. In adapting courses to the new online environment, professors were encouraged to take into account the incredible stress students were experiencing, their new living conditions and, in some cases, lack of access to technology and educational resources. For the Spring 2020 semester, almost all U.S. law schools shifted to some form of pass/fail grading in recognition of the enormous upheaval to students’ educational plans.

Less discussed during the initial months of the coronavirus pandemic was how faculty …


The Unified Legal Skills Program: How One Law School Adapted To Meet The Needs Of Students Online, And How Those Adaptations May Inform Post-Pandemic Teaching, David Austin, Allison D. Cato, Amy E. Day, Liam Vavasour Apr 2021

The Unified Legal Skills Program: How One Law School Adapted To Meet The Needs Of Students Online, And How Those Adaptations May Inform Post-Pandemic Teaching, David Austin, Allison D. Cato, Amy E. Day, Liam Vavasour

Faculty Scholarship

When CWSL was forced to switch to online learning for the COVID-19 pandemic, we worked hard to follow best practices for online learning by attending online conferences and voraciously reading everything we could find to make the learning experience the best we could for our students. CWSL's Legal Skills program earned high praise in student evaluations for adapting so quickly given the difficult circumstances.

During the summer of 2020, we met as a Legal Skills team to discuss how to approach the regular school term. Specifically, we faced a larger-than-anticipated first-year class and contemplated how to remedy the sense of …


Why We Should Provide More Support For Women Of Color In Academia, Silvia Chairez-Perez Mar 2021

Why We Should Provide More Support For Women Of Color In Academia, Silvia Chairez-Perez

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

My experience as a woman of color in higher education is not unique. In this piece, I will share my own story and discuss challenges women of color face to succeed in academia and how their absence in these spaces negatively affects the success of female students of color. Additionally, I will describe methods institutions of higher learning can implement to hire more women of color and how having women of color teachers has impacted my educational journey.


Burnout Doesn't Frighten Me, Meredith A.G. Stange Mar 2021

Burnout Doesn't Frighten Me, Meredith A.G. Stange

College of Law Faculty Publications

This past semester we all taught during an unprecedented worst-case scenario, moving our courses online at the literal drop of a hat. Although I know my experience is not unique, from March to the end of the semester in May, I felt like I was just treading water. I realized that feeling unsure of myself, feeling disconnected from my students, and feeling like I was just treading water really was not me. In fact, I had not felt this way in the classroom since my first few years of teaching. Those were days I did not want to revisit because, …


Dean A. Benjamin Spencer: A Message To The William & Mary Law School Community About Events On January 6 In Washington, D.C., A. Benjamin Spencer Jan 2021

Dean A. Benjamin Spencer: A Message To The William & Mary Law School Community About Events On January 6 In Washington, D.C., A. Benjamin Spencer

2020–present: A. Benjamin Spencer

No abstract provided.


Foreword, Jennifer Taub Jan 2021

Foreword, Jennifer Taub

Faculty Scholarship

This Foreword highlights the central points of the Articles in Volume 43, Issue 1 of Western New England Law Review. The Article topics include emotional support animals, distribution rights for small beer brewers, fairness in accident insurance coverage, alternative legal education materials, and custody challenges for parents with abusive partners. Each share the identification of a perceived problem with the legal status quo and presents proposed solutions.


Antiracism, Reflection, And Professional Identity, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries Jan 2021

Antiracism, Reflection, And Professional Identity, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Articles

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …


Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc-Tizoc Gonzaléz, Sarudzayi Matambanadzo, Sheila I. Vélez Martínez Jan 2021

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc-Tizoc Gonzaléz, Sarudzayi Matambanadzo, Sheila I. Vélez Martínez

Faculty Scholarship

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

A teoria LatCrit é um gênero relativamente recente de teoria do direito “outsider” …


Becoming Global Lawyers? A Comparative Study Of Civic Professionalism, John Bliss Jan 2021

Becoming Global Lawyers? A Comparative Study Of Civic Professionalism, John Bliss

Sturm College of Law: Faculty Scholarship

Through their professional education and training, new lawyers are generally encouraged to adopt a civic vision of professional identity. This article explores convergences and diverges in how new lawyers entering an increasingly globalized legal profession conceive of their civic roles in different national contexts. In particular, I examine corporate lawyers-in-training in the U.S. and China, drawing on interviews and a cross-cultural identity mapping method to compare their accounts of the lived experiences of civic professionalism. I find that professional identity formation in the U.S. sample is largely marked by role distancing and a sense of constrained public-interest expression. In contrast, …


Change At The Speed Of Leadership, Lee Fisher Jan 2021

Change At The Speed Of Leadership, Lee Fisher

Law Faculty Articles and Essays

“The most dangerous leadership myth is that leaders are born—that there is a genetic factor to leadership. . . That’s nonsense; in fact, the opposite is true. Leaders are made rather than born.”

“Lawyers are in the anomalous position of serving as leaders but generally lacking leadership training and skills. Competency in lawyering skills often functions as a proxy for leadership skills, despite the evidence that leadership skills are distinct and may take years to develop. Our neglect of leadership skills is reaching crisis proportions because nearly half of all current law firm partners will retire within the next ten …


How To Train Your Supervisor, Kris Franklin, Paula J. Manning Jan 2021

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Articles & Chapters

In an ideal world every meeting between law students and professors, or between beginning lawyers and their supervisors, would leave supervisors impressed by their charges and junior lawyers/students with a clear sense of direction for their work. But we do not live in that ideal world. Instead, supervisors, supervisees, law professors and law students frequently leave such meetings feeling frustrated, disconnected and without a shared understanding of how to improve the experience (and future performance).

This Article seeks to improve supervisory meetings, and to do so from the perspective of the ones under supervision. There is a genuine art to …


Technology And The (Re)Construction Of Law, Christian Sundquist Jan 2021

Technology And The (Re)Construction Of Law, Christian Sundquist

Articles

Innovative advancements in technology and artificial intelligence have created a unique opportunity to re-envision both legal education and the practice of law. The COVID-19 pandemic has accelerated the technological disruption of both legal education and practice, as remote work, “Zoom” client meetings, virtual teaching, and online dispute resolution have become increasingly normalized. This essay explores how technological innovations in the coronavirus era are facilitating radical changes to our traditional adversarial system, the practice of law, and the very meaning of “legal knowledge.” It concludes with suggestions on how to reform legal education to better prepare our students for the emerging …


The End Of The Golden Age Of American Legal Education: My Year As Interim Dean, Vincent R. Johnson Jan 2021

The End Of The Golden Age Of American Legal Education: My Year As Interim Dean, Vincent R. Johnson

Faculty Articles

This article is part of the story of my year as interim dean. The year began without a sign of trouble anywhere on the horizon and ended with an empty campus, cancellation of traditional law school events, face masks and social distancing requirements, uncertainty about whether new law graduates would be able to take the bar exam, and furloughs and layoffs of law school personnel. As my year drew to a close, dozens of American law school deans were meeting online every Friday to share information about how to cope with the challenges of the Covid-19 Pandemic and the uncertainties …


We Are...Community!, Michael A. Mogill Jan 2021

We Are...Community!, Michael A. Mogill

Faculty Scholarly Works

The concept of “community” has become increasingly important in law schools, relating both to our professionalism and the education of our students. During the recent celebration of our school’s 185th anniversary of its founding, I addressed one of the school’s core values, that of “community”. This article explores that value and its meaning both within our law schools and the greater society, serving to advance the public interest and the interests of our law students, the legal academy and practicing attorneys everywhere. The message conveys is universal and contemporary, going well beyond our anniversary celebration. Ultimately, it can help …


Educating Antiracist Lawyers: The Race And The Equal Protection Of The Laws Program At Dickinson Law, Dermot M. Groome Jan 2021

Educating Antiracist Lawyers: The Race And The Equal Protection Of The Laws Program At Dickinson Law, Dermot M. Groome

Faculty Scholarly Works

The year 2020 has forced us, as a nation, to recognize painful realities about systemic racism in our country and our legal system. The fallacies in our founding documents and the vestiges of our slave past are so woven into our national culture that they became hard to see except for those who suffered their daily indignities, hardships, and fears. As legal educators, we must face the role we have played in helping build the machinery of structural racism by supplying generation after generation of those who maintain that machinery and prosper within it. In this critical moment of our …


Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez Jan 2021

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

Articles

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.


The Covid Crisis In Legal Education, Indiana University Bloomington. Center For Postsecondary Research Jan 2021

The Covid Crisis In Legal Education, Indiana University Bloomington. Center For Postsecondary Research

AALL Legal Website of the Month

Legal education has been challenged, and the LSSSE Annual Report reveals that while the core of legal education remains relatively unchanged, the “intangibles” of law school learning were certainly affected. Above all, the data show unequivocally that our students have been in crisis. Students have struggled to meet their basic needs, with troubling percentages reporting increased worries about housing, financial instability, and even food insecurity. While most made efforts to build relationships with faculty, staff, and classmates, their overall quality of life declined along with opportunities for academic engagement and professional development. The pandemic is a wake up call for …


Sustaining Lawyers, Seema Saifee Jan 2021

Sustaining Lawyers, Seema Saifee

All Faculty Scholarship

Many lawyers are drawn to a career in social justice, in part, to help others and, in part, to fulfill their own path to wellness. Advocacy that sustains personal well-being, however, also poses considerable obstacles to well-being. Some of these obstacles are inherent to social justice work but some are embedded within organizational culture. These cultural norms impair the health of advocates, harm the communities with whom they work, and portend far-reaching consequences for the future of progressive struggles for freedom. Drawing on the author's personal experience, this Essay identifies three cultural norms, described as pathologies, that are rarely discussed …