Law Commons^™

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins

Law Faculty Articles and Essays

Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)

Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos

UF Law Faculty Publications

This paper deals with the definition and implications of globalism generally and for African interests in particular. Its focus is on globalism as a cluster of social, economic, and political forces contesting for the controlling paradigm of international relations and international law. The article underscores the general issue of globalism's impact on the well-being of the international community. It also considers the impact of globalism on the U.N. Charter, and, in particular, the role of the United Nations in international economic order. The connections between globalism and society are considered as part of the changing character of war and political …

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Articles by Maurer Faculty

No abstract provided.

Cracking The Egg: Which Came First -- Stigma Or Affirmative Action?, Emily Houh, Angela Onwuachi-Willig, Mary Campbell

Faculty Articles and Other Publications

This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this Article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's qualifications) for the Class of 2009 at seven public law schools, four of which employed race-based policies when the Class of 2009 was admitted and three of which did not use such policies at that time. Specifically, this Article examines and presents survey findings of 1) minimal, if any, …

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.

An Assessment Of The Law School Climate For Glbt Students, Kelly Strader, Brietta R. Clark, Robin Ingli, M. Elizabeth Kransberger, Lawrence C. Levine, William Perez

McGeorge School of Law Scholarly Articles

Nationwide empirical research has assessed the law school climate for gay, lesbian, bisexual, and transgender (GLBT) students. The research shows that the climate for GBLT students at most law schools in the United States, particularly those in urban areas, has improved. The research also shows, however, that this group still encounters substantial discrimination on law school campuses and in law school class¬rooms. This discrimination may result from overt acts, thoughtlessness, and/or neglect on the part of various actors in law school communities. Whatever the cause, the result is that many GLBT students feel disenfranchised from their broader law school communities. …

Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Administrative law is one of the courses students love to hate. This is particularly true in schools where Admin is a required course, since many students in the class would not take it otherwise, and gripe about being forced to. The problem with Admin law – for both the teacher and the student – is that it is such a vast topic that teaching it in a manner students can comprehend is diffi cult. When I was asked to teach Admin law last year, I looked at this as a challenge, rather than a burden. Because I am fairly comfortable …

"Think Glocal, Act Glocal": The Praxis Of Social Justice Lawyering In The Global Era, Lauren Carasik

Faculty Scholarship

Millions of people in the world struggle to survive in extreme economic deprivation, and deteriorating conditions have highlighted the failure of international development policies to "lift all boats." The complex and globalized context of poverty compels social justice lawyers to innovate transnational advocacy strategies, expanding human rights norms as part of those efforts. This Article suggests a cross-border, collaborative advocacy model for clinical education. The model is premised on theories of global interconnectedness that integrate progressive lawyering, social change theory and anti-poverty work in the global era, thereby contributing to the discourse about and praxis of combating international economic injustice. …

I'D Just As Soon Flunk You As Look At You?: The Evolution To Humanizing In A Large Classroom, Justine A. Dunlap

Faculty Publications

Initially, this article sets forth my own progress in becoming a teacher who incorporates humanizing principles. Next, the article analyzes some of the theory behind the humanizing legal education principles. The article will then present some specific teaching techniques for those interested in adding a humanizing dimension to their teaching, focusing primarily on the large classroom setting. The article will also note the barriers to adopting humanizing techniques, as well as possible ways to overcome those barriers.

Book Review: Juris Types, Learning Law Through Self-Understanding, Richard Redding

Richard E. Redding

This article reviews the new book by Martha Peters and Don Peters, Juris Types: Learning Law Through Self-Understanding (2007). The book proposes that legal pedagogy and student learning strategies be guided in part by Carl Jung's Psychological Type Theory and the Myers-Briggs Type Indicator ("MBTI"). The MBTI is one of the most widely used personality tests in the world today, although the test has never been accepted in the academic community. This paper reviews the history of the development of the MBTI, and the empirical research on its validity and reliability, to explain why the test and its associated theory …

Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder

Nancy Levit

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …

Roleplays As Rehearsals For “Doing The Right Thing”---Adding Practice In Professional Values To Moldovan And United States Legal Education, Ann Juergens

Faculty Scholarship

In a work world where injustice and corruption challenge lawyers daily, how might law schools better prepare students to become ethical leaders, or, at least, to practice ethically themselves? This article asserts that adding short interactive roleplays to large classes is one way for students to learn the skill and value of doing the right thing under difficult circumstances. The authors build on their experience teaching in Moldova, where they found students eager to engage in realistic roleplays, so eager that they transformed a lawyer-client interviewing exercise into an exploration of what to do when offered a bribe. If U.S. …

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 …

Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz

Faculty Scholarship

No abstract provided.

Legal Education, Philosophy And Values Consciousness Of The Law Student, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The value of teaching philosophy in law schools has been the subject of considerable debate, with detractors in practice and academia questioning its utility for professional practice. This paper suggests that teaching legal philosophy in law schools is necessary to challenge the law student to develop her own theory about law, its legitimacy, and its relation to justice, morality, power and rationality. Through such theoretical understanding, the law student acquires a sensitivity to, and concern for, the ideals underlying the law. Only when students’ hearts and minds are critically engaged on fundamental questions may they meaningfully understand their role and …

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande

Faculty Publications

This article provides an overview of a symposium sponsored by the University of Missouri Center for the Study of Dispute Resolution in 2007 that featured leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. The authors include David Hoffman, Nancy Welsh, Julie Macfarlane, Richard Shields, Pauline Tesler, Scott Peppet, Forrest ("Woody") Mosten, Jeanne Fahey, Kathy Bryan, Lawrence McLellan, and John Lande. The articles address issues including: teaching law students to "feel" like lawyers and not just "think" like them, using "conflict resolution advocacy" (which is not necessarily oriented to the courts), developing lawyers' …

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

Scholarly Works

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.

Law On The Street: Legal Narrative And The Street Law Classroom, Elizabeth L. Macdowell

Scholarly Works

This Article argues that the failure of anti-discrimination law to address the problems of subordination reflects the hegemonic perspective in legal narratives. For the lawyer concerned with social change, it is imperative to identify these narratives and the ways in which they not only inhibit deep social change, but may perpetuate the conditions of subordination. Yet, law school polices against the consciousness necessary for the lawyer to identify the hegemonic narrative in the law, and often instills attitudes, which are antithetical to the project of social change. In this context, Street Law - a practical law course taught by law …

The Law Review Article Selection Process: Results From A National Study, Jason P. Nance, Dylan J. Steinberg

UF Law Faculty Publications

The student-edited law review has been a much criticized institution. Many commentators have expressed their belief that students are unqualified to determine which articles should be published in which journals, but these discussions have been largely based on anecdotal evidence of how journals make publication decisions. It was against that backdrop that we undertook a national survey of law reviews in an attempt to determine how student editors responsible for making publication decisions went about their task. This article compiles the results of that survey, which received 191 responses from 163 different journals. We analyzed 56 factors that influence the …

Overcoming Cultural Blindness In International Clinical Collaboration: The Divide Between Civil And Common Law Cultures And Its Implications For Clinical Education, Philip Genty

Faculty Scholarship

This essay reflects upon the work that U.S. clinical teachers have done in helping to bring clinical methodology to law schools in European civil law jurisdictions. The essay examines some of the differences between the U.S. common law and European civil law systems with respect to the conception, teaching, and practice of law. The essay suggests that U.S. clinical teachers have not been sufficiently sensitive to these differences in legal culture. The essay describes five core differences between the two systems and their implications for effective clinical education in civil law systems. The essay concludes with recommendations for future cross-cultural …

Robert L. Oakley: In Memoriam, James V. Feinerman

Georgetown Law Faculty Publications and Other Works

In January 1968, the New York Times Magazine printed a speech prepared by George F. Kennan for the dedication of a new library at Swarthmore College under the title "Rebels Without a Program." The response from students and teachers on the campuses was so great that a book was prepared, titled "Democracy and the Student Left." Among the student respondents was the young Bob Oakley.

Researching Across The Curriculum: The Road Must Continue Beyond The First Year, Brooke J. Bowman

Oklahoma Law Review

No abstract provided.

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan

Articles by Maurer Faculty

Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …

Legal Education's Mission, W. Wesley Pue

All Faculty Publications

This paper explores the liberal commitments of legal education against the requirements of liberal democracy, properly understood. It addresses the distinction between liberal education and training in trade technique, assesses pressures militating against liberal education in law, explores tensions within law faculties (such as the challenges presented by religious and cultural diversity) and considers the potential of attaining "grace through skills training". The paper explores arguments developed by Roger Burridge and Juilan Webb in their scholarship on "The Values of Common Law Legal Education."

Giving Millennials A Leg-Up: How To Avoid The "If I Knew Then What I Know Now" Syndrome, Leslie Larkin Cooney

Kentucky Law Journal

No abstract provided.

Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna

Journal Articles

This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.

Commentary, Session 1: Deciding To Become A Dean, Linda L. Ammons

Linda L. Ammons

Deciding to become a dean is a difficult decision. How do you know when you are ready and how do you need to prepare? Mentorship, leadership skills, risk-taking, vision, and energy are just some of the attributes needed by deans in today’s law school environment.