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2009

Legal Education

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Articles 211 - 240 of 315

Full-Text Articles in Law

A Significant Symposium, Roger J. Miner Jan 2009

A Significant Symposium, Roger J. Miner

NYLS Law Review

No abstract provided.


Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy Jan 2009

Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy

Scholarly Articles

This article introduces the essays, articles, and remarks celebrating the fortieth anniversary of the establishment of the Council on Legal Education for Professional Responsibility (CLEPR). The Section on Professional Responsibility and Section on Clinical Legal Education of the Association of American Law Schools (AALS) jointly sponsored a half-day program at the 2009 AALS Annual Meeting in San Diego, California, in recognition of the fortieth anniversary of CLEPR and the one hundredth anniversary of the promulgation of the American Bar Association Canons of Professional Ethics, the ABA's first effort at establishing a private law of lawyering to govern its members. After …


Negotiating Classroom Process: Lessons From Adult Learning, Melissa Lee Nelken Jan 2009

Negotiating Classroom Process: Lessons From Adult Learning, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.


A Derivatives Market In Legal Academia, Paul H. Edelman Jan 2009

A Derivatives Market In Legal Academia, Paul H. Edelman

Vanderbilt Law School Faculty Publications

Building on the success of derivatives markets in the financial arena, I show how similar markets can be used to hedge risk in legal academia. Prudent use of these markets will generate cash, mitigate errors in hiring, and increase the academic prestige of law schools. In short, they can do for legal academia what they have already done to the financial world.


Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr. Jan 2009

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.


Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii Jan 2009

Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii

UIC Law Review

No abstract provided.


Cognition And Star Trek™: Learning And Legal Education, 42 J. Marshall L. Rev. 959 (2009), Kate E. Bloch Jan 2009

Cognition And Star Trek™: Learning And Legal Education, 42 J. Marshall L. Rev. 959 (2009), Kate E. Bloch

UIC Law Review

No abstract provided.


Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek Jan 2009

Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek

UIC Law Review

No abstract provided.


Three Ways Of Looking At A Health Law And Literature Class, Jennifer S. Bard, Thomas Wm. Mayo, Stacey A. Tovino Jan 2009

Three Ways Of Looking At A Health Law And Literature Class, Jennifer S. Bard, Thomas Wm. Mayo, Stacey A. Tovino

Faculty Journal Articles and Book Chapters

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …


International Judicial Affairs, Robert Alsdorf Jan 2009

International Judicial Affairs, Robert Alsdorf

Faculty Articles

The article reports on training programs launched by several countries for their judges. It is reported that the International Judicial Affairs (IJA) Committee was established in the U.S. in the year 2007 to develop opportunities for judges to work with fellow judges in other jurisdictions in mutually beneficial ways. Sierra Leone, as reported, has also carried out reforms in their legal system through their Justice Sector Reform Programme (JSRP).


Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan Jan 2009

Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan

Faculty Articles

This article examines the literature about our newest generation of law students, the Millennials, and offers suggestions to help externship faculty work with supervisors and students to avoid potential problems that may arise from generational differences. After reviewing the literature, the article discusses both positive and negative Millennial generation traits and explains how identified generational problems might arise in externship field placements. The article then offers suggestions from psychologists, managerial literature, and the author's experience to help externship directors and faculty work with field supervisors and students to avoid or resolve issues. The article concludes that members of the Millennial …


Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys Jan 2009

Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys

Seattle University Law Review

This Review Essay has two aims. My more immediate aim is to assess where Merrill and Smith's contribution fits in the market for first-year Property casebooks. In short, Property: Principles and Policies represents an important advance in property pedagogy. By focusing thematically on exclusion's efficiency, Merrill and Smith have captured many important features of property overlooked by other casebooks. My longer-range aim is to advance the reclamation project Merrill and Smith have begun, by clarifying further the work that exclusivity does in property law. Property: Principles and Policies brings contemporary scholarship a long way toward appreciating the virtues of exclusivity, …


Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag Jan 2009

Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag

Publications

In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …


Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills Jan 2009

Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills

Journal Articles

This is a 2007 update of a survey of minority law librarians first conducted in 1992. It offers a recent profile of our minority colleagues, enabling one to see how things have changed - or remained the same - over the course of fifteen years.


Practice Writing: Responding To The Needs Of The Bench And Bar In First-Year Writing Programs, Amy Vorenberg, Margaret Sova Mccabe Jan 2009

Practice Writing: Responding To The Needs Of The Bench And Bar In First-Year Writing Programs, Amy Vorenberg, Margaret Sova Mccabe

Law Faculty Scholarship

Do first year legal writing programs really prepare law students for the rigors of practice writing? This article begins to answer this question based on attorney and judge survey results, as well as interviews with judges who had also read student work in preparation for their interview. We found that while legal writing programs do provide a good foundation for legal writing skills, improvement can be made. Important changes that we have made at Pierce Law include shorter, more frequent assignments, variation/flexibility in choice of organizational paradigm, understanding the difference between settled and unsettled areas of law, and increased emphasis …


Teaching Multiple Skills In Drafting & Simulation Courses, Karen J. Sneddon Jan 2009

Teaching Multiple Skills In Drafting & Simulation Courses, Karen J. Sneddon

Articles

Good morning. I am really excited to be at this conference as a transactional lawyer who never drafted anything before she went into practice and had very, very little experience with any of the other transactional skills that I would be using on a daily basis. I am really excited to hear about the number of courses and opportunities that students have now. Of course, I am thrilled to speak about the opportunities that I offer the students in my courses.

What I do is provide two opportunities to learn about counseling. Every student at Mercer University School of Law …


Best Practices On "Best Practices": Legal Education And Beyond, Ira P. Robbins Jan 2009

Best Practices On "Best Practices": Legal Education And Beyond, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

“Best practices” has become one of the most common research and development techniques in the United States and throughout the international community. Originally employed in industry, the con-cept sought to identify superior means to achieve a goal through “benchmarking,” thereby allowing companies to obtain a competitive advantage in the marketplace. In recent decades, the use of best prac-tices has become widely popularized, and is frequently utilized in the areas of administrative regulation, corporate governance, and academia. As the term has grown in popularity, however, so too has room for its abuse. In many instances, the term has been invoked to …


Report On The 2007-2008 Csale Survey Of Applied Legal Educators, David A. Santacroce, Robert R. Kuehn Jan 2009

Report On The 2007-2008 Csale Survey Of Applied Legal Educators, David A. Santacroce, Robert R. Kuehn

Other Publications

This report tabulates the results of the 2007-08 Center for the Study of Applied Legal Education (CSALE) Survey of Applied Legal Education. The results provide valuable insight into the state and nature of applied legal education in areas including program design and structure, pedagogical techniques and practices, common program challenges, and the treatment of applied legal educators in the legal academy. And because the Survey will be repeated every three years, the results reported herein provide the "baseline" for examining the growth and development of applied legal education going forward.


Crossover, Richard Delgado Jan 2009

Crossover, Richard Delgado

Faculty Articles

Should minority writers aim for a "crossover" audience of mainstream (white) readers or write mainly for a circle of readers like themselves, viz., minorities or people of color? Despite the attractions of achieving crossover status -- including fame, fortune, and book reviews -- the article argues that writers of color should usually visualize an audience of their peers, that is, readers of color. Writing for a broad audience of mostly white readers risks that the minority writer will adopt topics, language, and approaches that will appeal and ring true to this group. Consciously or unconsciously the writer may pull his …


Richard Delgado And The Politics Of Citation, Robert S. Chang Jan 2009

Richard Delgado And The Politics Of Citation, Robert S. Chang

Faculty Articles

Twenty-five years ago, Professor Richard Delgado published The Imperial Scholar. The article asserted that a group of white scholars dominated the field of civil rights scholarship to the exclusion of minority scholars. It created a firestorm of sorts with what one critic called a "serious charge of invidious racism on the part of respected legal scholars." Professor Derrick Bell described the piece as "an intellectual hand grenade, tossed over the wall of the establishment as a form of academic protest." Whether as firestorm or grenade, this foundational piece had a tremendous impact on the legal landscape. This brief essay examines …


Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries Jan 2009

Just What The Doctor Ordered: The Need For Cross-Cultural Education In Law School, Andrew King-Ries

Faculty Law Review Articles

This article urges law schools to follow their medical counterparts by incorporating cross-cultural education into their curricula.

Part II discusses the Grutter v. Bollinger decision and the Supreme Court's recognition of the benefits of diversity to legal education.

Part III highlights the changing demographics of the United States and how those demographics require immediate response from the legal academy.

Part IV considers the experience of medical education. This section begins by exploring a study of the medical profession conducted by the Institute of Medicine. The section then addresses medical schools' response to the Institute of Medicine report and the subsequent …


Death Of The Role-Play, Nadja Alexander, Michelle Lebaron Jan 2009

Death Of The Role-Play, Nadja Alexander, Michelle Lebaron

Research Collection Yong Pung How School Of Law

Setting someone up to fail does indeed sound unfair. In fact it could be described as an ambush – outlaw facilitators lying in wait for unsuspecting students. Not only is this unsettling in a training environment, we can ask whether this lack of transparency runs counter to the behavior expected of negotiators and mediators. Far from being a figment of our fertile imaginations, this short vignette is drawn from a real life learning situation at which both authors were present. Participants were asked at the beginning of the postgraduate workshop about their learning preferences. While most replied enthusiastically about learning …


Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang Jan 2009

Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang

Research Collection Yong Pung How School Of Law

Since the adoption of the “Reform and Opening” policy in 1978, China has revived its century long tradition of sending students and scholars to study in western countries. In recent years, the unprecedented economic growth, paired with an increasingly competitive rate of compensation, has attracted a considerable number of such foreign degree holders back home to work or teach. In modern Chinese vocabulary, these returning talents are named as “sea turtles”, a word mimicking the pronunciation of the Chinese equivalent of the English phrase “coming back from abroad”. On the other hand, in compliance with the ancient Chinese rhetorical technique …


Let Our Minds Be Bold: Stepping Into U Of I'S Second Century, Donald L. Burnett Jr. Jan 2009

Let Our Minds Be Bold: Stepping Into U Of I'S Second Century, Donald L. Burnett Jr.

Articles

No abstract provided.


Externships: A Signature Pedagogy For The Apprenticeship Of Professional Identity And Purpose, Kelly S. Terry Jan 2009

Externships: A Signature Pedagogy For The Apprenticeship Of Professional Identity And Purpose, Kelly S. Terry

Faculty Scholarship

No abstract provided.


Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman Jan 2009

Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network was Professor Cass Sunstein of Harvard Law School and proceeded to catalogue all of his myriad co-authors (so-called Sunstein 1's) and their co-authors (Sunstein 2's). In this small note we update that catalogue as of August 2008 and take the opportunity to reflect on this project and its methodology.


Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers Jan 2009

Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers

Articles

In the early 1950s, the typical graduate of Michigan Law began his career working as an associate in a law firm with four other lawyers and earned about $5,000 in his first year. Surprising to us today, in his new job he would have earned slightly less than other classmates whose first jobs were in government. Fifty years later, in the early 2000s, the typical graduate still started out as an associate in a law firm, but the firm she worked for had more than 400 lawyers. She earned about $114,000 in her first year, about three times as much …


Peking University School Of Transnational Law: A New Venture In International Legal Relations, Howard Bromberg Jan 2009

Peking University School Of Transnational Law: A New Venture In International Legal Relations, Howard Bromberg

Articles

The School of Transnational Law (STL) is largely the work of two men of vision, Hai Wen, Vice-President of Peking University, and Jeffrey Lehman, former Dean of the University of Michigan Law School and President of Cornell University. Both were instrumental members of the Joint Center for China-U.S. Law and Policy Studies Institute (the Joint Center), founded in 2005, whose mission is to “nurture harmony between the Chinese and American legal systems through the dissemination of knowledge.” Hai and Lehman aspired to create a law school that would integrate China’s bold entry into global business and international diplomacy with a …


Pathway Of Professionalism - The First Day Of Law School At The University Of Idaho, Donald L. Burnett Jr. Jan 2009

Pathway Of Professionalism - The First Day Of Law School At The University Of Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.


Experiential Education And The Rule Of Law: Teaching Values Through Clinical Education In China, Elliott Milstein Jan 2009

Experiential Education And The Rule Of Law: Teaching Values Through Clinical Education In China, Elliott Milstein

Articles in Law Reviews & Other Academic Journals

The author summarizes his discussions with Chinese law professors regarding the issues that separate American from Chinese attitudes in creating clinical legal education. The author observes that the baseline orientation of American lawyers to turn to the courts for redress is usually not the same for the Chinese, where bribery of judges is accepted. He also notes that in addition to teaching practical skills such as client interviewing and persuasive advocacy, American clinicians devote attention to value questions, such as client-centeredness, the demands and limits of zealous advocacy, and the commitment to bring about social justice. The inclusion of these …