Law Commons^™

Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green

Michael Z. Green

Professor Green reflects and comments on his work in developing workplace law programming as a key component of the annual SEALS program.

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Nancy Welsh

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh

Nancy Welsh

Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …

The Hastie Fellowship Program At Forty: Still Creating Minority Law Professors, Thomas W. Mitchell

Thomas W. Mitchell

This article provides a history of and information about the structure of the William H. Hastie Fellowship Program at the University of Wisconsin Law School. This article is part of a series of articles published by the Wisconsin Law Review commemorating Professor James E. Jones Jr., emeritus professor of law at the University of Wisconsin Law School and the founder of the Hastie Fellowship Program. Forty years after this pioneering program was established, the Hastie Fellowship Program continues to represent the preeminent pipeline program that has enabled more than 30 minority lawyers to become tenure-track law professors at law schools …

Institutional Conditions Of Contemporary Legal Thought, Paulo D. Barrozo

Paulo Barrozo

No abstract provided.

Lawyer And Law Student Well-Being, Filippa M. Anzalone

Filippa Marullo Anzalone

No abstract provided.

A Man In Full (A Tribute Remembering Professor David Bederman), Robert B. Ahdieh

Robert B. Ahdieh

Robert B. Ahdieh provides a tribute remembering Professor David Bederman as a colleague and friend.

Incubating Community Law Practices: Post-Graduate Models For Lawyer Training & Access To Law, Luz E. Herrera

Luz Herrera

While the greatest number of lawyers practice in solo and small firms, law schools do not devote sufficient resources to preparing law students for the opportunities and challenges that these types of law firms present. The recent economic recession has highlighted the need to better train lawyers to launch law practices right out of law school. However, experienced lawyers, law professors and state bar policy makers worry that individuals who start their own practices are not sufficiently trained to practice and could irreparably harm a client. Many new lawyers share that concern but also worry about the financial instability that …

"Just Another Little Black Boy From The South Side Of Chicago": Overcoming Obstacles And Breaking Down Barriers To Improve Diversity In The Law Professoriate, Michael Z. Green

Michael Z. Green

As I reflected on my personal experience to help address the persistence of discrimination in legal academia, I chose to focus on five areas of discussion for the open mic portion of the program held at the Association of American Law Schools Cross-Cutting Program, “The More Things Change ...: Exploring Solutions to Persistent Discrimination in Legal Academia,” held on January 4, 2015, in Washington, D.C. First, I decided to address my personal development as an only child and male in a family of mostly black women struggling through the socioeconomic challenges of being poor and black. To add to that …

How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon

Randy D. Gordon

Even if one believes that law is not an autonomous discipline, few would dispute that it is a conservative institution and that its members are trained via a pedagogical method quite different from that of other professions. A central aspect of this training is the case method and — thus — the specialized narrative form that appellate opinions take. This essay examines the case method and suggests ways to crack it open — without discarding it — and thereby achieve one of the goals set forth in the Carnegie Report: namely, to supplement the analytical, rule-based mode of reasoning inherent …

A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, Andrea A. Curcio

Andrea A. Curcio

Law school institutional learning outcomes require measuring nuanced skills that develop over time. Rather than look at achievement just in our own courses, institutional outcome-measures assessment requires collective faculty engagement and critical thinking about our students’ overall acquisition of the skills, knowledge, and qualities that ensure they graduate with the competencies necessary to begin life as professionals. Even for those who believe outcomes assessment is a positive move in legal education, in an era of limited budgets and already over-burdened faculty, the new mandated outcomes assessment process raises cost and workload concerns. This essay addresses those concerns. It describes a …

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Milan Markovic

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …

A Review Of The Development Of An Internet Delivered Ll.M Program In The United States, William Byrnes

William H. Byrnes

This article reviews the development of the first Internet delivered LL.M program (i.e. LL.M. of International Tax and Offshore Financial Centers, the ‘Program’) in the United States.

The paper comprises four sections: In Part 1 the economics reasons for, and logistics considerations of, the Internet delivered Program are addressed. Part 2 reviews the pedagogical approach to legal education employed in the United States, criticisms thereof, and finally examines an emerging pedagogical trend in the United Kingdom. Part 3 reviews the teaching tools employed in the Program International Tax and Offshore Financial Centers, and Part 4 reviews the practical aspects of …

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Mark Edwin Burge

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …

Celebrating Classical Rhetoric & Building Contemporary Law, Brian Larson

Brian Larson

Toward A Universal Understanding Of The Value Of Legal Research Education (Reviewing Caroline Osborne, The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or Why Johnny And Jane Cannot Research), Elizabeth Adelman

Elizabeth Adelman

No abstract provided.

The Open Access Advantage In Legal Education’S Age Of Assessment (Reviewing James M. Donovan, Carol A. Watson & Caroline Osborne, The Open Access Advantage For American Law Reviews), Elizabeth Adelman

Elizabeth Adelman

No abstract provided.

Teaching Specialized Legal Research: Business Associations, Kris Helge, Terri Lynn Helge

Terri L. Helge

Business associations are a complex substantive topic that can be included in an advanced legal research course that teaches students sophisticated research, writing, and citation skills. This article presents the basic substantive law regarding business associations necessary to deliver instruction about advanced legal research, writing, and citation. This article also offers a model syllabus with suggested sources and assignments for students. These research assignments require students to perform tasks such as citing primary and secondary sources, learning advanced research skills using loose-leaf materials, assimilating information from multiple sources into cogent narratives, locating information using various electronic resources, digests, and other …

Professionalism And Ethics Section Takes Its Turn, Jodi Nafzger

Jodi Nafzger

Membership in [the Professionalism and Ethics Section of the Idaho State Bar] provides Idaho attorneys an opportunity to work closely with colleagues who share a vision for a profession that embodies personal courtesy and professional and ethical integrity. We are fortunate to practice law in a state that values this vision, and we invite you to attend our CLEs [Continuing Legal Education] and join our membership. [excerpt]

Using Instructional Design To Improve Student Learning, Gregory S. Sergienko

Greg Sergienko

Categorizations of knowledge and skills have different purposes. Robert Gagne's classification, which we use here, organizes types of learning according to the mental processes involved in performing them. The best practices for teaching knowledge or skills in a particular category are similar, whether the knowledge being taught is torts, contracts, or electrical engineering. For law teachers, the practical advantage of this classification is that it allows us to identify successful learning techniques from other subjects and adapt them to law teaching, rather than starting from scratch and developing and testing our own techniques. A second advantage of classifying types of …

New Modes Of Assessment, Gregory S. Sergienko

Greg Sergienko

The traditional and dominant mode of formal assessment in law schools is an essay examination administered at the end of the semester. Unfortunately, the essay exam is prone to inaccuracies, some of which can be balanced by other forms of assessment. In addition, essay exams are extremely burdensome to grade.

The purpose of this Article is to call attention to a variety of alternatives to this traditional format that are more accurate and less burdensome than traditional essay exams. Increasing accuracy makes it possible to determine whether the instruction has been effective, allowing the instructor to address areas of weakness …

Rural Justice: Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt

Lisa R Pruitt

Inclusive Teaching Methods Across The Curriculum: Academic ·Resource And Law Teachers Tie A Knot At The Aals, David Dominguez, Laurie Zimet, Fran Ansley, Charles Daye, Rodney O. Fong

Rodney Fong

This article describes an educational journey of seven diverse law teachers, located in different parts of the country, at various stages of our careers, who, in the course of preparing a simple panel, found that we had created a truly rewarding experience of our own. We write with the conviction that we need to share what we learned from those four months of "schoolwork" and from the AALS program we eventually presented in January, 1997. As we reconstruct our collaboration on inclusive teaching methods and ponder where it is taking us, we find we worked through the following stages of …

A Timely Proposal To Eliminate The Student Loan Interest Deduction, Victoria J. Haneman

Victoria J. Haneman

No abstract provided.

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan

Richard Vaughan

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Lisa R Pruitt

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

Kari L. Aamot Johnson

No abstract provided.

Dickinson Law's Contexts & Competencies Course: A "One-Pager" For Nalp, Laurel S. Terry

Laurel S. Terry