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Full-Text Articles in Law

Cyber Security: A Lawyer’S Ethical Duty, Meagan Folmar Jan 2024

Cyber Security: A Lawyer’S Ethical Duty, Meagan Folmar

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.


Onerous Disabilities And Burdens: An Empirical Study Of The Bar Examination’S Disparate Impact On Applicants From Communities Of Color, Scott Devito, Kelsey Hample, Erin Lain Oct 2023

Onerous Disabilities And Burdens: An Empirical Study Of The Bar Examination’S Disparate Impact On Applicants From Communities Of Color, Scott Devito, Kelsey Hample, Erin Lain

Pace Law Review

This Article provides the results of the most comprehensive and detailed analysis of the correlation between bar passage and race and ethnicity. It provides the first proof of racially disparate outcomes of the bar exam, both for first-time and ultimate bar passage, across jurisdictions and within law schools. Using data from 63 public law schools, we found that first-time bar examinees from Communities of Color underperform White examinees by, on average, 13.41 percentage points. While the gap closes when looking at ultimate bar passage, there is still a difference, on average, of 9.09 percentage points. The validity of these results …


The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier Aug 2023

The Next Required Law School Course: History Of America’S Foundings, Kevin Frazier

St. Mary's Law Journal

No abstract provided.


Breaking The Rules, Rima Sirota Jun 2023

Breaking The Rules, Rima Sirota

Georgetown Law Faculty Publications and Other Works

“Breaking the Rules” is a legal research and writing assignment that I crafted for students completing their first year of law school. The assignment honors new students’ desire for skills that will allow them to effectively challenge the status quo of settled but discriminatory legal rules. Part I of this article is an essay that contextualizes and explains the assignment; Part II provides the assignment itself.


Get Out: Structural Racism And Academic Terror, Renee Nicole Allen Apr 2023

Get Out: Structural Racism And Academic Terror, Renee Nicole Allen

William & Mary Journal of Race, Gender, and Social Justice

Released in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.

Like Get …


In Response To Professor, Please Help Me Pass The Bar Exam, Jaylin K. Johnson Apr 2023

In Response To Professor, Please Help Me Pass The Bar Exam, Jaylin K. Johnson

West Virginia Law Review

No abstract provided.


An Empirical Analysis Of Clinical Legal Education At Middle Age, Robert R. Kuehn Jan 2023

An Empirical Analysis Of Clinical Legal Education At Middle Age, Robert R. Kuehn

Scholarship@WashULaw

This article provides the first comprehensive empirical analysis of clinical legal education’s development and growth over the past fifty years. By analyzing dozens of surveys and reports on aspects of clinical legal education, including unique data developed by the authors, and comparing the results over time, this article presents a factual picture of clinical legal education’s progression from early adulthood to today’s middle age.

This article seeks to inform the present and help legal educators shape the future role of law clinic and field placement courses in the preparation of law students for the practice of law. It provides an …


New Crossroads And The Opportunity For A Crisis: The State Of Canadian Legal Education, Catherine Dauvergne Jan 2023

New Crossroads And The Opportunity For A Crisis: The State Of Canadian Legal Education, Catherine Dauvergne

All Faculty Publications

This article considers the challenges facing Canadian law schools and compares the current state of affairs to that analyzed in the 1983 Arthurs Report. The opening sections describe how Canadian legal education is globally unique because of the tacit agreement between law schools and the legal profession that limits the number of law school seats in Canada and helps ensure the success of law schools and law students. On the fortieth anniversary of the Arthurs Report, the article concludes that legal education in Canada is overdue for a new mapping of its strengths, challenges, and future directions that takes the …


Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram Jan 2023

Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram

Michigan Law Review

A Review of Demystifying Disability: What to Know, What to Say, and How to Be and Ally. By Emily Ladau and Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell By Paul A. Lombardo.


David F. Levi, Gerald B. Tjoflat Apr 2022

David F. Levi, Gerald B. Tjoflat

Special Collections

Dean David F. Levi interviews Judge Gerald B. Tjoflat about his experiences on the bench, at Duke Law School. and his legal career.


Faculty Services Newsletter, Maggie Kiel-Morse Apr 2022

Faculty Services Newsletter, Maggie Kiel-Morse

Faculty Services Newsletter

No abstract provided.


How To Train Your Supervisor, Kris Franklin, Paula J. Manning Feb 2022

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Pace Law Review

No abstract provided.


Defying Middle Child Syndrome: A Proposal For Achieving Bar Success By Reimagining The 2l Experience, Eurilynne A. Williams Jan 2022

Defying Middle Child Syndrome: A Proposal For Achieving Bar Success By Reimagining The 2l Experience, Eurilynne A. Williams

Journal Publications

Middle child syndrome is the belief that middle children are excluded, ignored, or even outright neglected because of their birth order. Traditional American law schools, just like many families, are comprised of several “children,” or more accurately stated, groupings of children consisting of 1L, 2L, and 3L students. The unspoken (or at least not very often spoken) truth about law schools is that the proverbial middle children, the 2Ls, have to a degree been excluded, ignored, or even outright neglected by the legal academy. While there is a body of research dedicated to children's personality traits based upon birth order,2 …


Let’S Talk About Grading, Maybe: Using Transparency About The Grading Process To Aid In Student Learning, Deshun Harris Jan 2022

Let’S Talk About Grading, Maybe: Using Transparency About The Grading Process To Aid In Student Learning, Deshun Harris

Seattle University Law Review

Talking about grades and grading in law school can feel as taboo, if not more, than talking about sex. Among law faculty, there is often no training and no discussions about how to grade other than being asked to moderate final grades to meet a curve. Students often seek information from each other or online sources where numerous blogs provide them with advice on how to talk to professors about grades, how not to disclose grades to others, and other advice about dealing with grades. What is not as forthcoming for many students is how exactly their professors evaluate their …


The Covid Care Crisis And Its Implications For Legal Academia, Cyra A. Choudhury Jan 2022

The Covid Care Crisis And Its Implications For Legal Academia, Cyra A. Choudhury

FIU Law Review

From February 2020, when the SARS COVID virus began to have global effects until now, the world has been in the midst of the worst viral pandemic in recent memory. No country was prepared for the rapid escalation of the spread of the virus worldwide that has taken nearly five million lives globally and over 700,000 in the United States alone. Even in March and April 2020, although cities had begun to quarantine and lockdown, none could have predicted the surges of cases and the longevity of the pandemic. Schools and businesses were closed only to open again and close …


The Need For Social Support From Law Schools During The Era Of Social Distancing, Michele Okoh, Inès Ndonko Nnoko Jan 2022

The Need For Social Support From Law Schools During The Era Of Social Distancing, Michele Okoh, Inès Ndonko Nnoko

FIU Law Review

Law students have been faced with unparalleled stress during the syndemic. They must cope with being students during the COVID-19 pandemic but also must deal with stress related to social and political unrest. This essay recommends that law schools apply social support theory in developing interventions to effectively address the needs of law students now and in the future. Social support theory focuses on the value and benefits one receives from positive interpersonal relationships. These positive relationships impact both mental and physical health and promote beneficial short and long-term overall health. However, not all supports are the same, and social …


The Center Cannot Hold: Zoom As A Potemkin Village, Hadar Aviram Jan 2022

The Center Cannot Hold: Zoom As A Potemkin Village, Hadar Aviram

FIU Law Review

The time has come to click the “join” button once more. It is the end of the semester, and our colleague Abe, chair of our ad-hoc task force for online teaching, has convened an online teaching excellence panel. The purveyors of said excellence are four faculty members whose evaluations showed that they were, as his email said, “online teaching rockstars.” Unfathomably, I am one of the four, and the last scheduled to present. One by one, little rectangles pop against the black backdrop of the screen, like the bubbles my three-year-old son and I blow in the backyard out of …


Working With Non-Law School Patrons, Ashley A. Ahlbrand Sep 2021

Working With Non-Law School Patrons, Ashley A. Ahlbrand

Books & Book Chapters by Maurer Faculty

Ashley Ahlbrand's contribution to the open access textbook, Introduction to Law Librarianship, is chapter 17, "Working with Non-law School Patrons."

Working in an academic law library, the primary patrons are the law school’s faculty and students. However, these may not be the exclusive patronage of the law library. Particularly in the case of a public law school library, the law librarian is likely to serve patrons outside of the law school as well. These patrons come from a diversity of backgrounds, with a range of legal research needs. Working with non-law school patrons can present a number of challenges …


Accessibility, Susan David Demaine Aug 2021

Accessibility, Susan David Demaine

Books & Book Chapters by Maurer Faculty

Susan deMaine's contribution to the open access textbook, Introduction to Law Librarianship, is chapter 3, "Accessibility."

Abstract: Equitable access, which includes access for people with disabilities, is included in the first principle of the ethical codes of both the American Association of Law Libraries and the American Library Association. Accessibility in law libraries that are open to the public is an especially keen concern because it implicates access to justice and government information, both of which are key to a successful democracy. This chapter will introduce concepts that help us think productively about accessibility and explore accessibility issues in …


The Role Of Legal Education In Anti-Corruption In The Light Of The Inevitability Of Basic Human Rights: "An Empirical, Applied Study From An Academic Legal Perspective", بهاء الدين خويرة Jul 2021

The Role Of Legal Education In Anti-Corruption In The Light Of The Inevitability Of Basic Human Rights: "An Empirical, Applied Study From An Academic Legal Perspective", بهاء الدين خويرة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research presents an empirical, academic study to illustrate the role of legal education in anti-corruption within the framework of the educational curricula that are applied at the faculties of law, particularly the courses specialized in the integrity, transparency, accountability and anti-corruption issues; and the obstacles that face their teaching in Arab countries that are considered naturally as developing countries within low patterns and levels; that still make the Arab citizen in general and the knowledge seeker in particular in the position of the influenced rather than an influential element in the anti-corruption system.

Perhaps the most serious problems faced …


“Presentation Principles”: Connecting Core Lawyering Skills To A Contemporary Lawyering Framework In The Digital Age, Ann Shalleck Apr 2021

“Presentation Principles”: Connecting Core Lawyering Skills To A Contemporary Lawyering Framework In The Digital Age, Ann Shalleck

Presentations

One way we try to make the connection between core lawyering skills and those inherent in contemporary practice is to examine what unifies what might otherwise be considered discrete lawyering skills. Because we are so aware of how technology is constantly changing and how lawyers and our students need to adapt to its forms and logics in their practice, familiar issues of how to communicate become more evident to us. Technology, therefore, gives us the opportunity to reexamine long held practices, habits of mind, and approaches to teaching students how to present information to colleagues, supervisors, clients, adversaries, tribunals, and …


Externships' Role In Training Practice-Ready Lawyers, Robert E. Kaplan Apr 2021

Externships' Role In Training Practice-Ready Lawyers, Robert E. Kaplan

Popular Media

No abstract provided.


The Way To Barbara Armstrong, First Tenure-Track Law Professor In An Accredited Us Law School, Susan Carle Feb 2021

The Way To Barbara Armstrong, First Tenure-Track Law Professor In An Accredited Us Law School, Susan Carle

Contributions to Books

This is the third volume in a trilogy on gender issues in legal occupations. An overview of Women in the World ’ s Legal Professions (Schultz and Shaw 2003) was followed by Gender and Judging (Schultz and Shaw 2013), finally to be completed by this study on women teachers of law. All three books have been published by Hart Publishing, to whom we are grateful for their unceasing support over so many years. Our thanks also go to the International Institute for the Sociology of Law for facilitating the inclusion of all three volumes in their O ñ ati Socio-Legal …


If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra M. Vollweiler Jan 2021

If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra M. Vollweiler

Pace Law Review

No abstract provided.


Hierarchies Of Elitism And Gender: The Bluebook And The Alwd Guide, Steven K. Homer Jan 2021

Hierarchies Of Elitism And Gender: The Bluebook And The Alwd Guide, Steven K. Homer

Pace Law Review

Hierarchies persist in legal academia. Some of these, while in plain view, are not so obvious because they manifest in seemingly small, mundane choices. Synecdoche is a rhetorical device used to show how one detail in a story tells the story of the whole.

This Article examines hierarchies of elitism and gender through a lens of synecdoche. The focus is on the choice of citation guide. Even something as seemingly benign and neutral as choosing a citation guide can reveal hierarchies of elitism and gender bias in legal education and the legal profession. Put another way, the choice of citation …


Now Is Not The Time For Another Law School Lecture: An Andragogical Approach To Virtual Learning For Legal Education, Charletta A. Fortson Jan 2021

Now Is Not The Time For Another Law School Lecture: An Andragogical Approach To Virtual Learning For Legal Education, Charletta A. Fortson

Saint Louis University Law Journal

COVID-19 forced nearly every institution of higher learning, as well as others, to quickly pivot from a traditional face-to-face teaching model to an online teaching model. While some institutions had technology in place to quickly adapt, most institutions were not prepared. Even where the technology infrastructure was in place, the faculty were not readily prepared to adapt their teaching style to this online model. Given these challenges, many professors chose the path of least resistance and chose to conduct those lectures just as they always had but just in an online format. However, now was not the time for another …


Legal Education In A Pandemic: A Crisis And Online Teaching Reveal Who My Students Are, Sonia M. Suter Jan 2021

Legal Education In A Pandemic: A Crisis And Online Teaching Reveal Who My Students Are, Sonia M. Suter

Saint Louis University Law Journal

The COVID-19 pandemic upended things for everyone across the world in so many ways, including at universities and law schools. In switching to online teaching in the mid-semester last spring and continuing to teach first-year law students online this past fall, I have witnessed the strength and compassion of my students even in the face of the challenges of the pandemic, online learning, and political unease in our country. I have been heartened and bolstered by their deep commitment to building community with one another.


Taking Our Space: Service, Scholarship, And Radical Citation Practice, Priya Baskaran Jan 2021

Taking Our Space: Service, Scholarship, And Radical Citation Practice, Priya Baskaran

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn Jan 2021

Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn

Faculty Publications

Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …


Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray Jan 2021

Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray

Faculty Scholarship

No abstract provided.