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Articles 1111 - 1140 of 1896
Full-Text Articles in Law
From Snail Mail To E-Mail: The Traditional Legal Memorandum In The Twenty-First Century, Kristen Konrad Robbins-Tiscione
From Snail Mail To E-Mail: The Traditional Legal Memorandum In The Twenty-First Century, Kristen Konrad Robbins-Tiscione
Journal of Legal Education
No abstract provided.
Can You Show Me How To…? Reflections Of A New Law Professor And Part-Time Technology Consultant On The Role Of New Law Teachers As Catalysts For Change, Geoffrey Christopher Rapp
Can You Show Me How To…? Reflections Of A New Law Professor And Part-Time Technology Consultant On The Role Of New Law Teachers As Catalysts For Change, Geoffrey Christopher Rapp
Journal of Legal Education
No abstract provided.
The Poetry Of Law, Sidney W. Delong
More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner
More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner
All Faculty Scholarship
Foreign experiences remind us that legal education is not just law school. They inform us that we should seek for ways not just to integrate theoretical and practical teaching, but to assure that our students or our graduates get real experience with practice. The assumption that law schools are the exclusive place for preparation for the profession of law is bad for students, bad for bar, bad for law schools, bad for the legal system and bad for society. We should look to see what we can do best and should encourage other institutions to do what they can do …
Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss
Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss
Articles by Maurer Faculty
No abstract provided.
Using Actual Legal Work To Teach Legal Research And Writing, Michael A. Millemann
Using Actual Legal Work To Teach Legal Research And Writing, Michael A. Millemann
Faculty Scholarship
Legal research and writing (LRW) teachers should use actual legal work to teach their courses, including (indeed, especially) first-year courses. The legal work might come from a planned or ongoing lawsuit, transaction, or other matter. What is important is that it is real, although in my model, the teacher can add hypothetical features to customize the legal work to the particular LRW course. For example, in an appellate advocacy course, the teacher could present the legal issues arising out of a pretrial matter by summarily “deciding” them in a hypothetical trial court opinion, thus allowing the students to fully explore …
The Reception Of Hans Kelsen's Legal Theory In The United States: A Sociological Model, D. A. Jeremy Telman
The Reception Of Hans Kelsen's Legal Theory In The United States: A Sociological Model, D. A. Jeremy Telman
Law Faculty Publications
The Essay explores the reasons underlying opposition to Hans Kelsen's approach to the law within the U.S. legal academy. The vehemence with which legal scholars within the United States rejected Kelsen's philosophy of law is best understood as a product of numerous factors, some philosophical, some political and some having to do with professional developments within the legal academy itself. Because philosophical and political opposition to Kelsen's legal philosophy has been well-explored in earlier articles, this Essay discusses those topics briefly in Part I and then sets out in Part II a sociological model that grounds the academy's rejection of …
Cracking The Egg: Which Came First -- Stigma Or Affirmative Action?, Emily Houh, Angela Onwuachi-Willig, Mary Campbell
Cracking The Egg: Which Came First -- Stigma Or Affirmative Action?, Emily Houh, Angela Onwuachi-Willig, Mary Campbell
Faculty Articles and Other Publications
This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this Article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's qualifications) for the Class of 2009 at seven public law schools, four of which employed race-based policies when the Class of 2009 was admitted and three of which did not use such policies at that time. Specifically, this Article examines and presents survey findings of 1) minimal, if any, …
Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley
Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley
Scholarly Works
No abstract provided.
Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson
Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
Administrative law is one of the courses students love to hate. This is particularly true in schools where Admin is a required course, since many students in the class would not take it otherwise, and gripe about being forced to. The problem with Admin law – for both the teacher and the student – is that it is such a vast topic that teaching it in a manner students can comprehend is diffi cult. When I was asked to teach Admin law last year, I looked at this as a challenge, rather than a burden. Because I am fairly comfortable …
Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot
Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot
Faculty Publications
Latina and Latino student enrollment in U.S. law schools the last few decades has increased. This increase, however, has not resulted in a comparable increase in Latino and Latina law professors. To foster diversity in law school faculties and to increase Latina representation, the “Dirty Dozen List” was published. The List was comprised of the top twelve U.S. law schools located in high Latina populated areas but lacking a single Latina professor on the faculty. The List served to increase awareness of the lack of diversity at some of the nation’s top legal institutions, as well as “shame” these schools …
Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor
Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor
Sturm College of Law: Faculty Scholarship
More and more attention is being placed on the importance of teaching ethics throughout the law school curriculum. This article focuses on the seminal contracts law case of Wood v. Lucy, Lady Duff-Gordon and demonstrates how it raises numerous ethical issues that can serve as the basis for stimulating discussion, encouraging even first-year law students to understand the importance of ethical thinking and behavior in their education and their careers.
The Changing International Business Context And The Challenge It Poses For The Education Of International Business Lawyers, Daniel Bradlow
The Changing International Business Context And The Challenge It Poses For The Education Of International Business Lawyers, Daniel Bradlow
Working Papers
This article looks at 3 factors affecting international business - increasing transnational business, environment, and human rights - and their implications for both the practice of and education of international business lawyers.
Turning Stones Of Hope Into Boulders Of Resistance: The First And Last Task Of Social Justice Curriculum, Scholarship, And Practice, Derek W. Black
Turning Stones Of Hope Into Boulders Of Resistance: The First And Last Task Of Social Justice Curriculum, Scholarship, And Practice, Derek W. Black
Faculty Publications
The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors’ approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social justice professors to explicitly teach hope and, moreover, to produce practical scholarship on pressing legal issues that will help students keep hope once they leave school. This Article begins by exploring the theme of hope in John O. Calmore’s scholarship and how it interrelates with his project of …
An Assessment Of The Law School Climate For Glbt Students, Kelly Strader, Brietta R. Clark, Robin Ingli, M. Elizabeth Kransberger, Lawrence C. Levine, William Perez
An Assessment Of The Law School Climate For Glbt Students, Kelly Strader, Brietta R. Clark, Robin Ingli, M. Elizabeth Kransberger, Lawrence C. Levine, William Perez
McGeorge School of Law Scholarly Articles
Nationwide empirical research has assessed the law school climate for gay, lesbian, bisexual, and transgender (GLBT) students. The research shows that the climate for GBLT students at most law schools in the United States, particularly those in urban areas, has improved. The research also shows, however, that this group still encounters substantial discrimination on law school campuses and in law school class¬rooms. This discrimination may result from overt acts, thoughtlessness, and/or neglect on the part of various actors in law school communities. Whatever the cause, the result is that many GLBT students feel disenfranchised from their broader law school communities. …
Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande
Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande
Faculty Publications
This article provides an overview of a symposium sponsored by the University of Missouri Center for the Study of Dispute Resolution in 2007 that featured leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. The authors include David Hoffman, Nancy Welsh, Julie Macfarlane, Richard Shields, Pauline Tesler, Scott Peppet, Forrest ("Woody") Mosten, Jeanne Fahey, Kathy Bryan, Lawrence McLellan, and John Lande. The articles address issues including: teaching law students to "feel" like lawyers and not just "think" like them, using "conflict resolution advocacy" (which is not necessarily oriented to the courts), developing lawyers' …
Roleplays As Rehearsals For “Doing The Right Thing”---Adding Practice In Professional Values To Moldovan And United States Legal Education, Ann Juergens
Faculty Scholarship
In a work world where injustice and corruption challenge lawyers daily, how might law schools better prepare students to become ethical leaders, or, at least, to practice ethically themselves? This article asserts that adding short interactive roleplays to large classes is one way for students to learn the skill and value of doing the right thing under difficult circumstances. The authors build on their experience teaching in Moldova, where they found students eager to engage in realistic roleplays, so eager that they transformed a lawyer-client interviewing exercise into an exploration of what to do when offered a bribe. If U.S. …
"Think Glocal, Act Glocal": The Praxis Of Social Justice Lawyering In The Global Era, Lauren Carasik
"Think Glocal, Act Glocal": The Praxis Of Social Justice Lawyering In The Global Era, Lauren Carasik
Faculty Scholarship
Millions of people in the world struggle to survive in extreme economic deprivation, and deteriorating conditions have highlighted the failure of international development policies to "lift all boats." The complex and globalized context of poverty compels social justice lawyers to innovate transnational advocacy strategies, expanding human rights norms as part of those efforts. This Article suggests a cross-border, collaborative advocacy model for clinical education. The model is premised on theories of global interconnectedness that integrate progressive lawyering, social change theory and anti-poverty work in the global era, thereby contributing to the discourse about and praxis of combating international economic injustice. …
Researching Across The Curriculum: The Road Must Continue Beyond The First Year, Brooke J. Bowman
Researching Across The Curriculum: The Road Must Continue Beyond The First Year, Brooke J. Bowman
Oklahoma Law Review
No abstract provided.
The Law Review Article Selection Process: Results From A National Study, Jason P. Nance, Dylan J. Steinberg
The Law Review Article Selection Process: Results From A National Study, Jason P. Nance, Dylan J. Steinberg
UF Law Faculty Publications
The student-edited law review has been a much criticized institution. Many commentators have expressed their belief that students are unqualified to determine which articles should be published in which journals, but these discussions have been largely based on anecdotal evidence of how journals make publication decisions. It was against that backdrop that we undertook a national survey of law reviews in an attempt to determine how student editors responsible for making publication decisions went about their task. This article compiles the results of that survey, which received 191 responses from 163 different journals. We analyzed 56 factors that influence the …
Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz
Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz
Law Faculty Scholarship
No abstract provided.
Law On The Street: Legal Narrative And The Street Law Classroom, Elizabeth L. Macdowell
Law On The Street: Legal Narrative And The Street Law Classroom, Elizabeth L. Macdowell
Scholarly Works
This Article argues that the failure of anti-discrimination law to address the problems of subordination reflects the hegemonic perspective in legal narratives. For the lawyer concerned with social change, it is imperative to identify these narratives and the ways in which they not only inhibit deep social change, but may perpetuate the conditions of subordination. Yet, law school polices against the consciousness necessary for the lawyer to identify the hegemonic narrative in the law, and often instills attitudes, which are antithetical to the project of social change. In this context, Street Law - a practical law course taught by law …
Robert L. Oakley: In Memoriam, James V. Feinerman
Robert L. Oakley: In Memoriam, James V. Feinerman
Georgetown Law Faculty Publications and Other Works
In January 1968, the New York Times Magazine printed a speech prepared by George F. Kennan for the dedication of a new library at Swarthmore College under the title "Rebels Without a Program." The response from students and teachers on the campuses was so great that a book was prepared, titled "Democracy and the Student Left." Among the student respondents was the young Bob Oakley.
Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane
Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane
Journal of Dispute Resolution
In this paper, I shall first briefly examine some of the most significant changes affecting legal practice, especially civil litigation, and ask what adjustments in the professional identity and role of the lawyer these imply or perhaps even require from lawyers. I shall also consider what evidence we have for the evolution of the "new lawyer." I shall then approach these questions from a practice-based perspective, looking specifically at client advocacy, legal negotiation, and the lawyer-client relationship.
Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan
Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan
Articles by Maurer Faculty
Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Journal Articles
This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.
Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii
Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.
I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.
Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande
Journal of Dispute Resolution
To examine innovations in legal practice, the University of Missouri Center for the Study of Dispute Resolution and the Journal of Dispute Resolution held a symposium on October 12, 2007, featuring leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. David Hoffman gave an outstanding keynote address, which was followed by two panels of experts. This issue of the Journal of Dispute Resolution presents papers from that symposium was so productive that we did not have time for presentations from some participants and do not have space for all the papers in this …
Giving Millennials A Leg-Up: How To Avoid The "If I Knew Then What I Know Now" Syndrome, Leslie Larkin Cooney
Giving Millennials A Leg-Up: How To Avoid The "If I Knew Then What I Know Now" Syndrome, Leslie Larkin Cooney
Kentucky Law Journal
No abstract provided.
Legal Education's Mission, W. Wesley Pue
Legal Education's Mission, W. Wesley Pue
All Faculty Publications
This paper explores the liberal commitments of legal education against the requirements of liberal democracy, properly understood. It addresses the distinction between liberal education and training in trade technique, assesses pressures militating against liberal education in law, explores tensions within law faculties (such as the challenges presented by religious and cultural diversity) and considers the potential of attaining "grace through skills training". The paper explores arguments developed by Roger Burridge and Juilan Webb in their scholarship on "The Values of Common Law Legal Education."