Law Commons^™

When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley

Laura Dooley

Law students must become adept at understanding how various bodies of law interact-supporting, balancing, and even conflicting with each other. This article describes an attempt to achieve these goals by merging two canonical first-year courses, civil procedure and torts, into an integrated class titled ‘Introduction to Civil Litigation’. Our most pressing motivation was concern that students who study civil procedure and torts in isolation develop a skewed, unrealistic view of how law works in the real world. By combining these courses, we hoped to teach students early in their careers to approach problems more like practicing lawyers, who must deal …

And Now A Crisis In Legal Education, James E. Moliterno

James E. Moliterno

The current crisis in legal education coincides with a crisis in the practice of law. Law practice has changed as a result of technology, globalization, and economic pressures. The market for legal education's product, law graduates, have diminished. Law schools cannot remain the same in this environment. Except for a very small number of elite schools, those that do not adjust are at serious risk of failing.

An economic change has taken place against a system in which mostly corporate clients willingly paid for the training of beginners at major law firms. Law firms could absorb those costs if partners …

Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn

Andrea Matwyshyn

No abstract provided.

Dean's Desk: Legal Clinics Cultivate Essential Lawyering Skills, Andrea Lyon

Andrea D. Lyon

No abstract provided.

Portals To Practice: A Multidimensional Approach To Integrating Experiential Education Into The Traditional Law School Curriculum, Myra Berman

Myra Berman

No abstract provided.

Experiential Education And Our Divided Campuses: What Delivers Practice Value To Big Law Associates, Government Attorneys, And Public Interest Lawyers?, Margaret E. Reuter, Joanne Ingham

Margaret E. Reuter

How will law schools meet the challenge of expanding their education in lawyering skills as demanded from critics and now required by the ABA? This article examines the details of the experiential coursework (clinic, field placement, and skills courses) of 2,142 attorneys. It reveals that experiential courses have not been comparably pursued or valued by former law students as they headed to careers in different settings and types of law practice. Public interest lawyers took many of these types of courses, at intensive levels, and valued them highly. In marked contrast, corporate lawyers in large firms took far fewer. When …

Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, Gregory M. Huckabee

Gregory M. Huckabee

Law vs. Science: Should law as a core subject be eliminated at the U.S. Armed Services Academies in favor of more relevant STEM (science, technology, engineering, mathematics) courses? As recent cyberterror events have unfolded, more STEM knowledge is needed in the armed forces. STEM courses are on the march for inclusion in greater numbers in academy core curriculums. In order for new STEM courses to join the academic heart of academy learning, predecessor courses must be reviewed for relevancy, significance, and materiality. One core course in common at all three military academies is law. Yet few core curriculums can absorb …

The Status Of Curricular Change During The Industry's Great Recession: Radical, Or The New Norm?, Patrick Meyer

Patrick Meyer

After Best Practices and The Carnegie Report were published in 2007, schools found renewed conviction to incorporate practice-readiness skills into the law school curriculum. The authors of Best Practices noted that over the years a large portion of the legal community felt that most law school graduates lacked the basic skills to practice. Both Best Practices and Carnegie call for reducing the dependence on Socratic dialogue and the case method while infusing knowledge, skills, and values into doctrinal courses. Although this change will not be easy to accomplish, we can draw inspiration from some law schools that have successfully modified …

Proposal For A Monitoring, Control And Surveillance (Mcs) Curriculum And Training Programme, Ben M. Tsamenyi, Quentin A. Hanich, Mary Ann Palma

Professor Ben M Tsamenyi

The Regional Plan of Action (RPOA) to Promote Responsible Fishing Practices including Combating IUU Fishing in the Region was approved by the Ministers of Republic of Indonesia, Australia, Brunei Darussalam, Cambodia, Malaysia, Papua New Guinea, The Philippines, Singapore, Thailand, Timor-Leste and Vietnam on 4 May 2007 in Bali, Indonesia. The objective of the RPOA is to enhance and strengthen the overall level of fisheries management in the region, in order to sustain fisheries resources and the marine environment, and to optimise the benefit of adopting responsible fishing practices. The actions cover conservation of fisheries resources and their environment, managing fishing …

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Ann L. Nowak

No abstract provided.

See No Evil, Hear No Evil, Speak No Evil; Stemming The Tide Of No Promo Homo Laws In American Schools, Madelyn Rodriguez

Madelyn Rodriguez

In several states, and many more local governments, teachers are being mandated to teach their students that homosexuality is inherently abhorrent and should be shunned. These so called “No Promo Homo” policies vary in scope; from those barring any positive discussion of homosexuality to those which insinuate the association of homosexuality with various social ills. As a result of these policies, teachers are being used as a conduit for misinformation and, more disturbingly, for discrimination and bias. Because teachers naturally have an immense impact on their students, the concepts and values advocated or discouraged by them will have an immeasurable …

Student Internship In Science And Technology-Based Microenterprises In Zamboanga Peninsula, Philippines, Frede G. Moreno, Teresita A. Narvaez, Julieta B. Tendero

Frede G Moreno

The “Student Internship Project in Science and Technology-based Microenterprises” is a curriculum enhancement intervention executed through “hands-on” internship across Agriculture, Forestry and Natural Resource (AFNR) courses in three State Universities and Colleges (SUCs) in Region IX, Philippines. With the goal of reversing the declining enrolment trend, its four components (Coconut Sugar, Seaweeds, Tissue Culture and Rubber Seedlings) operate on experiential and pragmatic approach to enhancing the competence and institutional employability of students through science and technology utilization, acquisition of entrepreneurial skills and microenterprise development focusing on Zamboanga Peninsula’s major dollar-earning export commodities. The immersion of 362 student-interns has developed their …

"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy

Judith B. Tracy

A first-year legal reasoning and writing curriculum is designed to introduce students to the analytical skills and organizational tools needed for the preparation of effective objective and then persuasive documents. This article describes how to use samples to enable students to self-identify a general, logical structure for a document, considering its content, its audience and purpose, and the realities of legal practice.

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Samuel J. Levine

In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …

Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis

Peter L. Davis

Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …

Why Negotiation Should Be A Required Course In Law School (And How To Deliver It In A Cost -Effective Manner), Howard E. Katz

Howard E Katz

This article argues that a course in Negotiation should be required or strongly suggested, and offered earlier in the curriculum and to more students than is the norm. It then suggests how to deliver the course in a more cost-effective manner using adjuncts along with full-time faculty.

Toward A Pedagogy For Teaching Legal Writing In Law School Clinics, Tonya Kowalski

Tonya Kowalski

One of the major legal skills students use in almost every law school clinic is advanced legal writing. Clinicians spend many hours every week triaging student writing and coaching their students to produce practice-worthy documents. Yet advanced legal writing is not routinely addressed in clinic seminars and there is no clear methodology for teaching advanced legal writing through clinical supervision. This Article is the first to propose a comprehensive pedagogy for teaching and supervising legal writing in clinic.

Moreover, clinicians commonly experience the frustration that students seem to come to the clinic deficient in many legal writing skills. This Article …

True North: Navigating For The Transfer Of Learning In Legal Education, Tonya Kowalski

Tonya Kowalski

As lifelong learners, we all know the feelings of discomfort and bewilderment that can come from being asked to apply existing skills in a completely new situation. As legal educators, we have also experienced the frustration that comes from watching our students struggle to identify and transfer skills from one learning environment to another. For example, a first-semester law student who learns to analogize case law to a fact pattern in a legal writing problem typically will not see the deeper applications for those skills in a law school essay exam several weeks later. Similarly, when law students learn how …

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean R. Sternlight

John Lande

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes. Recognizing these substantial barriers, it proposes a modest and feasible menu of reforms that interested faculty and law schools can achieve without investing substantial additional resources. The proposals are not intended as a comprehensive package to be implemented on an all-or-nothing basis but as a set of options to be selected by individual faculty …

What Law Schools Should Teach Future Transactional Lawyers: Perspectives From Practice, Michael A. Woronoff

Michael A Woronoff

Since at least the 1980’s, law schools have been chided for doing a poor job at teaching skills. This criticism has been accompanied by pressure to increase their emphasis on skills training. The pressure increased with the publication of the McCrate Report in 1992, and then again with the publication of the Carnegie Report in 2007. This article is based on my remarks given on June 10 at the 2009 mid-year meeting of the AALS Conference on Business Associations. In those remarks, I respond to the questions “Are law schools teaching students adequate transactional skills?” and “From the standpoint of …

Legal Studies: How To Narrow The Gap Between Law And Society, Leonardo J. Raznovich

Dr Leonardo J Raznovich

The main thesis of this paper is that the teaching of law should take a different approach to that of the current law degree. Students should be equipped with the various knowledge and competences that make them suitable to appreciate not only the theory of law but the interactions between law and society. This paper will conclude that a law degree that follows the socio-legal approach from a critical legal perspective should be the appropriate methodology because it exposes students to the influences and impacts made on legal theory by the social sciences as well as that made on society …

Teach Justice, Steve Sheppard

Steve Sheppard

Law schools must improve their preparation of students to practice law ethically. Current law school curricula focus on preparing students to analyze legal issues but not ethical issues. A curriculum that encourages students to distance themselves from their ethical instincts is dangerous. A value-neutral approach to the law eventually leads to distortions of the law. Lawyers will be left without a proper way to sense the purpose behind the law, and they will instead focus solely on what the law requires or allows. While law schools could choose from limitless lists of moral values to include in their curricula, this …

Law School Education In The 21st Century: Adding Information Technology Instruction To The Curriculum, Kenneth J. Hirsh, Wayne Miller

Wayne Miller

For the past 120 years, legal education in the United States has been fundamentally unchanged, even while the practice of law has been revolutionized by information technology. The ideal of the Socratic Method is still dominant in first year and many upperclass courses. Clinical and practice courses have expanded since the early-1980s; however, although state-of-the-art technology is now commonplace in law offices, most federal courthouses, and some state courtrooms, until now, there has been little effort to contextualize the importance of technology for law students. The authors review the availability of courses covering use of technology in law practice at …