Law Commons^™

Clinical Legal Education: An Annotated Bibliography (Second Edition), Karen Czapanskiy, J. P. Ogilvy

Karen Czapanskiy

No abstract provided.

A Critique Of The Aals Hiring Process, Allen R. Kamp

Allen R. Kamp

The article citiques the process of hiring professors in legal academia.

Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed

Nathaniel C. Nichols

No abstract provided.

The Content Of Consumer Law Classes, Jeff Sovern

Faculty Publications

Attendees at the University of Houston Law Center Conference titled Teaching Consumer Law: The Who, What, Where, Why, When and How were surveyed to determine what topics they covered in consumer law classes. Twenty-five responses were received, representing fourteen survey classes, five clinics, and six miscellaneous responses. The responses indicated considerable diversity in the topics covered. No topic was covered by more than 21 professors and each of the 32 topics listed on the survey instrument was discussed by at least four professors. Under the circumstances, it seems difficult to claim that consumer protection classes have a canon agreed upon …

Cravath By The Sea: Recruitment In The Large Halifax Law Firm, 1900-1955, Jeffrey Haylock

Dalhousie Law Journal

The traditional view is that regularized, meritocratic hiring in Canadian law firms had to wait until the 1960s, with the rise in importance of Ontario university law schools. There was, however, more regional variation than this view allows. After an overview of the rise of large firms in the U.S. and Canada, and of the modern hiring strategies (the "Cravath system") that developed in New York in the early twentieth century, the author considers whether Halifax firms were employing these strategies between 1900 and 1955. Nepotistic hiring continued unabated; however, the three large firms of the period recruited young students …

Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed

Thomas J Reed

No abstract provided.

Is There A Correlation Between Law Professor Publication Counts, Law Review Citation Counts, And Teaching Evaluations? An Empirical Study, Benjamin H. Barton

Scholarly Works

This empirical study attempts to answer an age-old debate in legal academia: whether scholarly productivity helps or hurts teaching. The study is of an unprecedented size and scope. It covers every tenured or tenure-track faculty member at 19 American law schools, a total of 623 professors. The study gathers four years of teaching evaluation data (calendar years 2000-03) and correlates these data against five different measures of research productivity/scholarly influence.

The results are counter-intuitive: there is either no correlation or a slight positive correlation between teaching effectiveness and any of the five measures of research productivity. Given the breadth of …

"The Lord Speaks Through Me": Moving Beyond Conventional Law School Pedagogy And The Reasons For Doing So, Robert C. Schehr

Robert C. Schehr

ABSTRACT Maintenance of status quo law school curricular design and delivery, along with the continued marginalization of live client clinic programs, and the discordant objectives of law schools as compared to the expectations of Bar passage, serve to stifle the role of juridic practitioners in the service of justice. Decades of careful scholarship regarding the problems associated with the quality of legal education have repeatedly called for curricular revisions that should enhance the knowledge and skill base of graduates, develop their level of preparedness to actually serve in the profession, and demonstrate care for students. And while there has been …

Of Authorship And Audacity: An Empirical Study Of Gender Disparity And Privilege In The “Top Ten” Law Reviews, Minna J. Kotkin

Minna J. Kotkin

In today’s law schools, article placement is a significant consideration in hiring, promotion, tenure, and lateral mobility. This article analyzes authorship by gender and home school “privilege” in 15 law reviews (the “top ten”) over a three year period. It compares these data with the gender composition of the professoriate and of the 15 schools’ faculties, using Association of American Law Schools and American Bar Association statistics. The mean percentage of articles authored by one or more women (and no men) is 20.3. Nationally, women comprise 31% of the tenured/tenure-track professoriate and 28.3% at the 15 schools. At the associate …

"Props" In The Law School Classroom: A Calendar For The Civil Procedure Course, Charles Rees

Charles A Rees

If, as Shakespeare said, "all the world's a stage," how can we instructors bring more drama to the law school classroom? In particular, how can "props" be used in a course, such as Civil Procedure, to improve learning and have fun? In my Civil Procedure course the "props" include characters from literature--Sherlock Holmes, Hamlet's graveyard scene with Yorick's skull, Alice in Wonderland meeting Tweedledum and Tweedledee, and a new superhero ("Leatherman"). I also use games-spelling bee, yo-yo, "Clue" boardgame, and crossword puzzle. There are articles of clothing--suitcase full of shoes, toga, and flip-flops; and costumes--Nixon mask, wigs, and motorcycle helmet. …

An Interdisciplinary Framework For Understanding And Cultivating Law Student Enthusiasm, Emily Zimmerman

Emily Zimmerman

Anecdotal evidence abounds about the loss of enthusiasm experienced by law students. Law review articles too note this loss of enthusiasm and the demoralization of law students that occurs during their time in law school. However, although the loss of law student enthusiasm is frequently noted, little has been done to systematically analyze law student enthusiasm. Existing literature does not provide a definition of “law student enthusiasm” or a foundation of theory and research for understanding law student enthusiasm and its significance in legal education.

In an effort to fill the gap in our understanding of law student enthusiasm, this …

An Interdisciplinary Framework For Understanding And Cultivating Law Student Enthusiasm, Emily Zimmerman

Emily Zimmerman

Anecdotal evidence abounds about the loss of enthusiasm experienced by law students. Law review articles too note this loss of enthusiasm and the demoralization of law students that occurs during their time in law school. However, although the loss of law student enthusiasm is frequently noted, little has been done to systematically analyze law student enthusiasm. Existing literature does not provide a definition of “law student enthusiasm” or a foundation of theory and research for understanding law student enthusiasm and its significance in legal education. In an effort to fill the gap in our understanding of law student enthusiasm, this …

Sailing Against The Wind: How A Pre-Admission Program Can Prepare At-Risk Students For Success In The Journey Through Law School And Beyond, Julie M. Spanbauer, Sonia Bychkov Green, Maureen Straub Kordesh

Julie M. Spanbauer

ABSTRACT This article provides a scholarly analysis of an innovative and recently created summer special admissions program designed to provide an opportunity for “at-risk” students. This new program, the “Summer College to Assess Legal Education Skills” (SCALES), was created to provide access and opportunity to students who otherwise would not be admitted to law school because their law school indicators fall below the minimum requirements for admission. Thus, the students enrolled in the program include immigrants, minorities, and nontraditional returning students, many of whom represent the first generation in a family to earn a college degree. To the delight and …

Rankings: A Dramatization Of The Incentives Created By Ranking Law Schools, Jeff Sovern

Jeff Sovern

Rankings: A Dramatization of the Incentives Created by Ranking Law Schools Sellers in a competitive market shift resources from attributes buyers don't care about to attributes buyers do care about. In markets in which buyers rely on imperfect signals for quality, sellers move resources away from improving the quality of their product to enhancing the illusion of quality. For example, before freshness dating, when consumers tested the freshness of bread by squeezing it, bakers reportedly added chemicals to bread to preserve its softness longer, thereby creating the illusion of freshness. Similarly, law school rankings encourage schools to shift resources away …

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 …

The Political Economy Of Legal Education And Legal Pracitce: Judicial Globalization And The Establishment Of American Style Law Schools In Japan, Hidetoshi Hashimoto

Hidetoshi Hashimoto

This article analyzes recent legal reform in Japan, specifically focuses the establishment of American style law schools. The article examines current legal education, the National Bar Examination, rationale for legal reform, recommendations of the Judicial Reform Council, new law schools, law school admission, law school curriculum, the new bar examination, apprenticeship training and practicing law in Japan. The attempt of legal reform is in response to demand for greater citizen participation in judicial process in Japan but also to judicial globalization. The author stresses that the judicial reform must be made in such a way that it guarantees judicial independence.

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 …

Acouple Of Generations Ahead Of Popular Demand': The First National Law Program At Mcgill University, 1918-1924, John Hobbins

Dalhousie Law Journal

Following the First World War, Dean Robert Warden Lee introduced some radical changes to the curriculum at the McGill Law Faculty Three-year courses were instituted leading to either a civil law degree or a common law degree, and a four-year course in which both degrees could be obtained. The program was extremely controversial, running into opposition within the part-time faculty the Montreal legal community and the bar societies of several provinces. Difficulties in obtaining professional accreditation for the common law graduates led to a decline in enrollment, and the common law option was discontinued in 1926. Lee's vision of a …

Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette

Dalhousie Law Journal

It is not uncommon for Aboriginal law students to experience discomfort in studying the law The discomfort is not unique to legal studies, but the law provides a venue where the effects of the imposition of colonial norms are starkly revealed. In law school the author had to confront how Canadian law has attempted to control Aboriginal identity, at first through legislation and then through the courts. While the locus and style of controlling Aboriginal identity has changed over time, the practice of controlling Aboriginal identity is ever present. This process of control dehumanizes individualsand peoples and continues into the …

More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner

All Faculty Scholarship

Foreign experiences remind us that legal education is not just law school. They inform us that we should seek for ways not just to integrate theoretical and practical teaching, but to assure that our students or our graduates get real experience with practice. The assumption that law schools are the exclusive place for preparation for the profession of law is bad for students, bad for bar, bad for law schools, bad for the legal system and bad for society. We should look to see what we can do best and should encourage other institutions to do what they can do …

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. …

The Changing International Business Context And The Challenge It Poses For The Education Of International Business Lawyers, Daniel Bradlow

Working Papers

This article looks at 3 factors affecting international business - increasing transnational business, environment, and human rights - and their implications for both the practice of and education of international business lawyers.

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 …