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2013

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Full-Text Articles in Law

Vulnerable Populations And Transformative Law Teaching: A Critical Reader, Chapter 6 - Vulnerability In Contracting: Teaching First-Year Law Students About Inequality And Its Consequences, Deborah Post, Deborah Zalesne Nov 2013

Vulnerable Populations And Transformative Law Teaching: A Critical Reader, Chapter 6 - Vulnerability In Contracting: Teaching First-Year Law Students About Inequality And Its Consequences, Deborah Post, Deborah Zalesne

Deborah W. Post

Traditional legal pedagogy fails to demonstrate the relationship of contract to the subordination of vulnerable populations. As a result, students rarely see the complex web of interrelationships where economic activity takes place or the legal regime that maintains it. Students are not taught how to interrogate the discourse or dismantle the systems and structures that oppress subordinated communities. This Essay describes a technique that we have developed to help students learn the meaning of law and its cultural, social, and structural significance. The traditional framing of the study of contract doctrine as one that is objective, neutral, and fair avoids ...


More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett Nov 2013

More Dialogue Over Law School Cost And Curriculum, Mark Mckenna, Geoffrey Bennett

Mark P. McKenna

Mark McKenna and Geoffrey Bennett were quoted in The Indiana Lawyer article More dialogue over law school cost and curriculum about Retired Indiana Supreme Court Chief Justice Randall Shepard’s Clynes Chair Lecture by Marilyn Odendahl. “So you’re trying to take students who have learned a subject matter and then put them in a practice environment where they have to make use of that. Both reinforce what they learned in the classroom, but then it also helps them understand the context that you can’t necessarily get from the pages of a book,” McKenna said. “If (states adequately funded ...


A People's Guide To U.S. Immigration Law, Irene Scharf Nov 2013

A People's Guide To U.S. Immigration Law, Irene Scharf

Irene Scharf

The goal of this book is to help those who are already here to understand their rights, responsibilities, and choices under the ever-more complicated immigration laws. In these insecure times, it is crucial to understand one's legal rights during work and home raids, how to act if charged by the authorities, how to avoid being deported/removed, how to decide whether to hire a lawyer and if hiring one how to choose one, how to assist one's lawyer to reduce fees, and much more.


Nourishing Justice And The Continuum: Implementing A Blended Model In An Immigration Law Clinic, Irene Scharf Nov 2013

Nourishing Justice And The Continuum: Implementing A Blended Model In An Immigration Law Clinic, Irene Scharf

Irene Scharf

The purpose of this Article is to describe how the new Immigration Law Clinic at Southern New England School of Law has combined attention to the School's mission of educating students and expanding justice by serving the community with the broader goal of addressing the continuing educational needs of recent law school graduates. The Clinic not only offers direct legal services to clients but also trains and mentors recently graduated local attorneys, who offer both pro bono client representation as well as student supervision. Through the Immigration Law Clinic, these attorneys are trained in both immigration law and clinical ...


Pro Bono Newsletter, University Of Michigan Law School Oct 2013

Pro Bono Newsletter, University Of Michigan Law School

Newsletters

Fall 2013 issue of the University of Michigan Law School Pro Bono Program's newsletter.


Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson Aug 2013

Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson

Michigan Law Review First Impressions

As applicants, federal judges, and law school career counselors everywhere frantically come to terms with the new clerkship landscape, one truth is inescapable: the Federal Law Clerk Hiring Plan ("the Plan") is dead. On January 29, 2013, the D.C. Circuit-the Plan's last and best defender-announced that it would no longer follow the Plan. The consequences of that announcement have been swift. For the last several months, months earlier than almost anyone expected, untold numbers of federal judges across the country have been rushing to hire law clerks. For these judges, the unregulated clerkship market of the pre-Plan era ...


Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver Jun 2013

Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver

Marjorie A. Silver

By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.


Satisfaction In The Practice Of Law: Findings From A Long-Term Study Of Attorneys' Careers, U. Of Mich. Public Law Research Paper No. 330. (2013), David L. Chambers May 2013

Satisfaction In The Practice Of Law: Findings From A Long-Term Study Of Attorneys' Careers, U. Of Mich. Public Law Research Paper No. 330. (2013), David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For forty years beginning in the late 1960s, the University of Michigan Law School conducted annual surveys of its alumni. The project included fifty successive graduating classes, with all but the most recent classes surveyed more than once. Over thirteen thousand alumni participated. Over the forty years, American legal education and the American legal profession underwent huge changes. When the study began, there were almost no women or minority students at Michigan and very few in the country as a whole. The vast majority of all students and lawyers were white and male. By the end, white men constituted far ...


Pro Bono Newsletter, University Of Michigan Law School Apr 2013

Pro Bono Newsletter, University Of Michigan Law School

Newsletters

Spring 2013 issue of the University of Michigan Law School Pro Bono Program's newsletter.


What Ails The Law Schools?, Paul Horwitz Apr 2013

What Ails The Law Schools?, Paul Horwitz

Michigan Law Review

In January 2012, law professors from across the country arrived in Washington, D.C., for the annual conference of the Association of American Law Schools ("AALS"). It was an opportune moment. The legal economy was struggling. Graduates were begging for jobs and struggling with unprecedented levels of debt. The smart talk from the experts was that the legal economy was undergoing a fundamental restructuring. For these and other reasons, law schools were under fire, from both inside and outside of the academy. Judges - including the keynote speaker at the AALS conference himself! - derided legal scholarship as useless. Law school deans ...


Vol. 63, March 27, 2013, University Of Michigan Law School Mar 2013

Vol. 63, March 27, 2013, University Of Michigan Law School

Res Gestae

• Teaching Gone Wrong • Letter from the Editor • Detroit: Mid-Size Market • Goodbye, Ma'am Prez Och! • Moran & Friedman's Guide to SCOTUS • RG Mailbag • Halberstam: Squirrel Fan • Debt WIZard • Phid Style Dinners • New LSSS Lunch Series • Mr. Wolverine Letters • Law Student Comics • Photos of Stuff that Happened this year!


Shining The Spotlight On Unpaid Law Student Workers, Susan Harthill Mar 2013

Shining The Spotlight On Unpaid Law Student Workers, Susan Harthill

Susan Harthill

Shining the Spotlight on UNPAID LAW STUDENT Workers Susan Harthill Abstract Law students who ‘intern’ at for-profit law firms across the United States do a fair day’s work but do not always get a fair day’s pay. Unpaid student interns have long been a well-utilized labor source in the non-profit world, public agencies, and in certain for-profit sectors, such as entertainment and media. Indeed, some unpaid internships are mutually beneficial arrangements for the student and the employer; the student gets hands-on training in an industry that might be difficult to break into, has useful work experience on her ...


Sff Auction 2013, University Of Michigan Law School Mar 2013

Sff Auction 2013, University Of Michigan Law School

Event Materials

Program for the March 21, 2013 Student Funded Fellowships Auction.


The Future Of Legal Education Reform, James E. Moliterno Feb 2013

The Future Of Legal Education Reform, James E. Moliterno

Scholarly Articles

The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.


Foundations: Curriculum & Faculty, University Of Michigan Law School Jan 2013

Foundations: Curriculum & Faculty, University Of Michigan Law School

Miscellaneous Law School Publications

Michigan Law Faculty are the best of the best. As you look through these pages, you will see some of their accomplishments: They serve as senior advisers to policymakers and governments around the world, they argue important cases in courts of every level, and they produce superb research that addresses society's greatest problems.

Our faculty also take teaching very seriously. They are dedicated to using their research and experience to help create a curriculum that will challenge and transform you. Michigan Law's rich curriculum features foundational courses that evolve with the needs of the profession, a wide array ...


100+, University Of Michigan Law School Jan 2013

100+, University Of Michigan Law School

Miscellaneous Law School Publications

100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2013-2014 academic year.


What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia Jan 2013

What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia

Faculty Scholarship

This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that ...


Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande Jan 2013

Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande

Journal of Dispute Resolution

This article synthesizes some of the main points of the symposium contributors. They covered a wide range of key issues and thus this symposium provides a good overview of the challenges of and options for legal education reform. Of course, given the vast scope of the problems presented, this symposium issue of the Journal of Dispute Resolution cannot provide an all-encompassing analysis nor a comprehensive set of recommendations for reform. We do, however, hope that it will be a useful contribution to the growing movement and literature designed to improve legal education in the U.S. Part II of this ...


John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang Jan 2013

John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang

Law Librarian Scholarship

In this paper, I will focus on exploring Wu's accomplishments in comparative law from four different aspects. After a brief introduction to the historical and societal background of Wu' s life and research in Part II, I will examine his comparative law research and methodologies in Part III. In Part IV, I will elaborate his contributions to the development of Chinese legal education in the Republican China era at the Comparative Law School of China. I will then analyze how his jurisprudence was further reflected in his judicial rulings, which helped shape the contemporary Chinese judicial system in Part ...


Professionalism And The New Normal, Philip J. Weiser Jan 2013

Professionalism And The New Normal, Philip J. Weiser

Articles

No abstract provided.


Late-Night Law Firms, Scott Hershovitz Jan 2013

Late-Night Law Firms, Scott Hershovitz

Reviews

But it turns out that those late-night lawyers may not deserve the scorn that they get. In Sunlight and Settlement Mills, Nora Freeman Engstrom argues that firms like the ones that advertise late at night have developed practice models that achieve many of the aims that reformers have for no-fault accident compensation schemes. They deliver compensation cheaply and quickly, because they settle almost every claim and nearly never go to court. They resolve claims predictably and consistently, on account of cozy relationships with insurance adjusters that lead to a shared sense as to what different sorts of claims are worth ...


A Case For Grade Inflation In Legal Education, Joshua M. Silverstein Jan 2013

A Case For Grade Inflation In Legal Education, Joshua M. Silverstein

Faculty Scholarship

This Article contends that every American law school ought to substantially eliminate C grades by setting its good academic standing grade point average at the B- level. Grading systems that require or encourage law professors to award a significant number of C marks are flawed for two reasons. First, low grades damage students' placement prospects. Employers frequently consider a job candidate's absolute GPA in making hiring decisions. If a school systematically assigns inferior grades, its students are at an unfair disadvantage when competing for employment with students from institutions that award mostly A's and B's. Second, marks ...


Alternatives For Scheduling The Bar Exam, Mary Gallagher, Carol Buckler Jan 2013

Alternatives For Scheduling The Bar Exam, Mary Gallagher, Carol Buckler

Other Publications

No abstract provided.


Accelerating The Growth Of The Next Generation Of Innovators, Dana Thompson Jan 2013

Accelerating The Growth Of The Next Generation Of Innovators, Dana Thompson

Articles

In a recent study on the best practices of business incubators that contribute to the success of startups, one of the best practices asserted is to include a business lawyer on the advisory board of business incubators, who may suggest necessary legal issues for startups to address and connect the incubator startups with legal assistance. Although many college and university incubators may have access to experienced attorneys who are able to provide advice, and who are able to represent student-led ventures, most do not have access to a university law clinic established to provide pro bono, direct legal representation and ...


Teaching The Post-Sex Generation, Kerri Lynn Stone Jan 2013

Teaching The Post-Sex Generation, Kerri Lynn Stone

Faculty Publications

There is a trend that I have observed in the course of leading my classes in discussions about the kinds of behavior that may constitute unlawful discrimination: the emergence of an attitude among students that society is simply “post-sex,” or no longer in need of most or all anti-sex discrimination jurisprudence. This Article details my own approach to teaching and to raising and conducting discussions about how anti-discrimination legislation and jurisprudence works in theory, in practice, and how it would/could work in an ideal world. I enjoy teaching students with a diversity of viewpoints. However, when I began to ...


Teaching Legal History Through Legal Skills, Howard Bromberg Jan 2013

Teaching Legal History Through Legal Skills, Howard Bromberg

Articles

I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical s.kills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without detracting from other approaches, I frame this innovation as teaching legal history not to budding historians but to budding lawyers.


Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker Jan 2013

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker

Articles

Since I started teaching drafting, I would like to think that I have continued to learn some lessons about teaching both the substance and the skills of transactional drafting. One of those lessons that I am going to be talking about today is one that I stumbled across by happy accident rather than one that I consciously sought. Specifically, I want to talk about and highlight the ways that law students can use law firm marketing materials to increase their understanding of both drafting and lawyering skills in law school and, hopefully, in practice.


Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch Dec 2012

Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch

Meehan Rasch

Law is a particularly writing-heavy profession. However, lawyers, law students, and law professors often struggle with initiating, sustaining, and completing legal writing projects. Even the most competent legal professionals experience periods in which the written word just does not flow freely. This article provides a guide for legal writers who are seeking to understand and resolve writing blocks, procrastination, and other common writing productivity problems.


Understanding The Cycle Of Procrastination, Meehan Rasch Dec 2012

Understanding The Cycle Of Procrastination, Meehan Rasch

Meehan Rasch

Procrastination is one of the enduring challenges of human existence, as well as one of the chief problems with which law students struggle. Understanding the cycle of procrastination can help law professors and advisors more constructively address students’ issues in this area—not to mention our own.


No Money, Mo' Problems: Why Unpaid Law Firm Internships Are Illegal And Unethical, Eric M. Fink Dec 2012

No Money, Mo' Problems: Why Unpaid Law Firm Internships Are Illegal And Unethical, Eric M. Fink

Eric M Fink

The practice of law firms offering unpaid internships in lieu of paid employment should concern law students and law school graduates who face an increasingly tight market for entry-level legal jobs. This article argues that such unpaid internships are impermissible under the Fair Labor Standards Act (“FLSA”). It further argues that lawyers who illegally hire unpaid interns should be subject to discipline under the ethics rules of the legal profession.

While law students collectively have an interest in ending this exploitative practice, they have a disincentive against taking action themselves, lest they hurt their prospects in the already unfavorable postgraduate ...