Law Commons^™

A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii

UF Law Faculty Publications

The nature of the space in which we work, teach, and study is important. The design of our surroundings affects our attitudes, moods, self-esteem, efficiency, and sense of community. For our students, space makes a difference in the quality of the learning experience. It is possible to teach and learn in deficient space, but it is easier to teach and learn when both faculty and students are comfortable, happy, and not distracted by the inconveniences and annoyances of a poorly designed environment. Inadequate space prevents us from achieving all of which we are capable, thereby diminishing our productivity, creativity, and …

Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo

Faculty Publications

In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to siphon off the emotional and cultural content because of the enduring belief that the law is neutral and impartial. Accordingly, cultural conflicts are deemed irrelevant to legal analysis because laws are unbiased and culture-blind. This detached outlook has been termed perpectivelessness to denote a neutral, odorless, colorless non-perspective.

This essay …

From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling

Faculty Works

The story of women in American society has largely been defined and recorded by men and the institutions that men have dominated for most of the past two hundred-odd years. Women have been denied access to education, employment, political power and other benefits of social intercourse by exclusion, intimidation, ridicule and patronization. The experience of women in law school is one part of that experience. Law school is an arduous undertaking whether one is male or female. Gaining admission to modern law schools requires talent and demonstrated academic performance in a competitive environment. But in the nineteenth century, the foremost …

Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson

Journal of Legal Education

No abstract provided.

Thinking Like A Deal Lawyer, Tina L. Stark

Journal of Legal Education

No abstract provided.

In The Tout Court Of Shakespeare: Interdisciplinary Pedagogy In Law, Desmond Manderson

Journal of Legal Education

No abstract provided.

Globalizing Property: Incorporating Comparative And International Law Into First-Year Property Classes, M C. Mirow

Journal of Legal Education

No abstract provided.

A Goode Judge Is Hard To Find: An Essay On Legal Realism And Law School Casebooks, Thomas Hayes

Journal of Legal Education

No abstract provided.

Rethinking Assessments And Alternatives To Assessments From The Perspective Of A Bar Examiner, Erica Moeser

Georgia State University Law Review

No abstract provided.

Should Law Professors Teach Public Choice Theory?, Guido Pincione

Chicago-Kent Law Review

This Article argues that various philosophically interesting objections to the use of public choice theory in legal education are misguided. Some writers hold that public choice theory, being descriptive, cannot help law students develop the interpretive skills needed by judges and lawyers. I reply that this objection rests on the false assumption that public choice theory lacks resources to accommodate rule following. Others object that public choice theory fosters cynicism and uncooperative attitudes. This rests on an unduly restrictive conception of the theory of rationality presupposed by public choice analysis. The public-choice focus on efficiency has also been disputed. In …

In Defense Of The Psabe, And Other "Alternative" Thoughts, Kristin Glen

Georgia State University Law Review

No abstract provided.

An Alternative Model To United States Bar Examinations: The South African Community Service Experience In Licensing Attorneys, Peggy Maisel

Georgia State University Law Review

No abstract provided.

Community Service Component Of An Alternative Bar Exam, Eileen Kaufman

Georgia State University Law Review

No abstract provided.

What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron

Faculty Publications

In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing and enriching the other. For example, law professors versed in antitrust, labor, property, tax, and tort law have brought their legal training to bear on particular aspects of baseball. Law professors also have mined their passion for baseball in extracting …

Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk

Dalhousie Law Journal

During the 1930s. scholars in the Canadian common law schools introduced fundamental changes in ways of thinking about law, changes that made one of them. John Willis, say 'the world was turned upside down." These scholars rejected the past, especially the English legal thought of the late nineteenth century Instead, they were influenced by changes in the United States, which began early in the century, and by the emerging regulatory and welfare state. In private law subjects, Caesar Wright was central, using American ideas to challenge the dominant English authority, especially in his writing about torts. In public law subjects, …

The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka

All Faculty Scholarship

In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally.

In order for Japan's new Jaw schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …

Designating The Dean Of Law: Legal Education At Mcgill University And The Montreal Corporate And Professional Elite, 1946-1950., A J. Hobbins

Dalhousie Law Journal

The nature of legal education has been the subject of an ongoing debate in all Canadian jurisdictions. A central theme of this debate for much of the twentieth century was whether legal education should be restricted to training for the local Bar as opposed to studying law as an academic discipline in addition to such professional training A decanal vacancy at McGill University brought this question to the fore in 1946 when the anglophone members of the Montreal Bar exerted a great deal of influence on the selection process. The matter was complicated by the opposition of the corporate elite …

Canadian Graduate Legal Education: Past, Present And Future, Sanjeev S. Anand

Dalhousie Law Journal

Canadian graduate legal education has seldom been the subject of scholarly inquiry This article seeks to fill the vacuum by describing and evaluating various features associated with master s and doctoral programs offered by the nation s /ao schools. A number of criteria are used in this analysis, some of which have been garnered from the broader literature on higher education The article concludes with a series of specific programmatic and policy reform proposals aimed at strengthening the state of graduate legal education in this country

The Pervasiveness Of Culture In Conflict, Pat K. Chew

Journal of Legal Education

No abstract provided.

Dispute Resolution: Raising The Bar And Enlarging The Canon, Carrie Menkel-Meadow

Journal of Legal Education

No abstract provided.

Insights From Cognitive Psychology, Chris Guthrie

Journal of Legal Education

No abstract provided.

Adr Ethics, Scott R. Peppet

Journal of Legal Education

No abstract provided.

Insights From Economics, Jennifer Gerarda Brown

Journal of Legal Education

No abstract provided.

Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin

Journal of Legal Education

No abstract provided.

Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh

Journal of Legal Education

No abstract provided.

The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner

All Faculty Scholarship

• a. The Rule of Law is at the heart of the present legal reform.
• b. There is an international consensus about basic elements of the Rule of Law.
• c. Legal methods are central to the Rule of Law. But different legal methods are used to realize the Rule of Law.
• d. Teaching legal methods, i.e., teaching to think like a lawyer, is at the heart of that which is professional in legal education.
• e. The present legal reform invites Japanese law schools to teach legal methods.

Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin

UF Law Faculty Publications

This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.

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

Faculty Articles and Other Publications

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 …

Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks

Maryland Law Review

No abstract provided.

Academic Support At The Crossroads: From Minority Retention To Bar Prep And Beyond - Will Academic Support Change Legal Education Or Itself Be Fundamentally Changed?, Ellen Y. Suni

Faculty Works

In 1982, Duncan Kennedy's essay on hierarchies in legal education appeared in the Journal of Legal Education and publicly recognized what many had acknowledged to be problems and gaps in contemporary legal education. At the time the article was written, academic support as an institution in legal education was in its infancy. Looking back at the development of the academic support movement demonstrates that, in many respects, it was designed to address at least some of the issues raised by Kennedy. This essay looks at the emergence of academic support in legal education in the context of Kennedy's article, examining …