Law Commons^™

A Call To Clarify The "Scope Of Authority" Question Of Qualified Immunity, Pat Fackrell

Cleveland State Law Review

It is no secret the doctrine of qualified immunity is under immense scrutiny. Distinguished jurists and scholars at all levels have criticized the doctrine of qualified immunity, some calling for it to be reconsidered or overruled entirely.

Amidst this scrutiny lies uncertainty in the doctrine’s application. Specifically, the federal courts of appeal are split three ways on the question of whether an official exceeding the official’s scope of authority under state law at the time of the alleged constitutional violation can successfully assert qualified immunity. Some courts of appeal do not require the official to demonstrate he acted within the …

The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May

Law Faculty Articles and Essays

I’ve long considered teaching doctrine and skills together in a single course to be the holy grail of legal education. If we could do so successfully, we might make significant strides in providing a legal education that better prepares our students to be practicing lawyers. In spring 2016, my colleague Professor April Cherry and I took the plunge and collaboratively offered a course titled Estates and Trusts: Doctrine and Drafting at our institution, Cleveland-Marshall College of Law. This essay describes our experience and lessons learned pursuing the holy grail.

Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender

Cleveland State Law Review

The traditional required first-year law school curriculum transmits powerful hidden messages. The hidden messages contained within this required core tell students what is most important for all lawyers to know. I am going to suggest a proposed required first year curriculum as a heuristic model for examining hidden messages in curricula generally. The proposed curriculum tells students from the day they receive their registration packets that issues of justice, truth, equality and freedom are important to all lawyers. By the organization of the curriculum, we tell them that these values (or their absence) animate doctrine and process, rather than the …