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Full-Text Articles in Law

More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg Dec 2017

More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg

Maine Law Review

At the Association of American Law Schools (AALS) meetings and in materials published by the Association, probably no one word appears more frequently than “diversity.” For example, the theme of the 2000 AALS Annual Meeting was A Recommitment to Diversity. In a 1986 essay titled Collegial Diversity, AALS President Susan Westerberg Prager wrote: “The different perspectives of our colleagues can illuminate other areas of research to give us new classroom direction.” And, in a 1996 statement on diversity adopted by the AALS Executive Committee, the committee stated that an objective of diversity was “to create an educational community—and ultimately a …


Ethics, Law Firms, And Legal Education, Milton C. Regan Jr. Dec 2017

Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.

Maine Law Review

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …


Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson Nov 2017

Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson

Maine Law Review

Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …


As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy Nov 2017

As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy

Maine Law Review

There is an adage among doctors that “as a last resort, ask the patient.” It is a not so facetious reference to the observation that because doctors are so highly educated and trained, they can start to believe they know what’s best for their patients better than the patients themselves. Consequently, these doctors may discount, or altogether ignore, the opinions of the very people they are suppose to be helping. The same observation could be made about the law professor-student relationship. Unlike doctors, though, our relationship with students is hierarchical, and thus we may be even less inclined to “ask …


Teaching The Smartphone Generation: How Cognitive Science Can Improve Learning In Law School, Shailini Jandial George Apr 2017

Teaching The Smartphone Generation: How Cognitive Science Can Improve Learning In Law School, Shailini Jandial George

Maine Law Review

Today’s law student enters law school as a digital native, constantly “plugged in” and accessing information at a moment’s notice, often during class time itself. Yet scholars agree that these students are entering law school with weaker reading and reasoning skills than prior generations, due in large part to the way students multitask through life. This article aims to address the problems caused by the intersection of these two issues by applying cognitive learning theory to the law school environment. Part One examines the characteristics of our current students by describing their skills and learning styles upon arriving at law …


Experimental Educating In The Classroom: Designing An Administrative Law Practicum Meeting New Aba Requirements And Student Needs, Jeffrey Thaler Jan 2017

Experimental Educating In The Classroom: Designing An Administrative Law Practicum Meeting New Aba Requirements And Student Needs, Jeffrey Thaler

Maine Law Review

In 1992, the American Bar Association ("ABA") published a lengthy report, which became known as the MacCrate report (the "Report"), examining the connection between the profession and legal education.2 In part, the Report recognized the value of a more practice-oriented curriculum that would include a combination of externships, clinics and classroom-based activities. One result of the Report was a significant increase in the number of clinical and externship programs offered by law schools, as well as many more law review articles on such programs. However, the concept of combining experimental educating techniques with traditional doctrinal case method courses utilizing simulations …