Law Commons^™

The Revolution In American Law Schools, David R. Barnhizer

Law Faculty Articles and Essays

There is a continuing revolution in American law schools that is transforming legal scholarship, teaching, and the structure of the curriculum. The revolution is altering the law schools' relationships with the legal profession and judiciary. The revolution has not been contained within the schools, in part because it is being stimulated by events and sources outside the law schools with the schools being reactive rather than proactive institutions. This article examines the ten primary forces behind the revolution in American law schools.

Finding Yourself In Law School, Joel Jay Finer

Cleveland State Law Review

Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on. …

Legal Education In Australia: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Preparing Global Professionals, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Live Free Or Die: Perceptions About Law Students, Irving E. Fasan

Northern Illinois University Law Review

This Commentary explores the differences in medical and legal education to highlight some of the problems with the current legal teaching method. Specifically, this Commentary examines how and why the systematic training of a lawyer is inferior to that of a doctor in several ways. The author generally questions the adequacy of the current legal teaching method and how it effects law students' perceptions of themselves. This Commentary identifies the problem while its companion piece offers a solution.

If Wishes Were Horses: Reflections Without Footnotes On Legal Education, Irving E. Fasan

Northern Illinois University Law Review

This Commentary suggests a solution to the problems with legal education which the author identifies. The author promotes patterning legal education on either the teaching method employed in the field of accounting or medicine. Each approach emphasizes a broader based legal education with more concentration on the practical learning experience. This Commentary culminates by offering a possible way to reform rather than replace the current system of training lawyers.

Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman

Dalhousie Law Journal

My work... has assumed the shape of ... a spiral curriculum, circling around the same issues, though trying to keep them open-ended. This statement was penned by Northrop Frye in Spiritus Mundi in the context of reflections about creativity and literary criticism, but it aptly describes as well the intellectual ferment of writing about legal education in Canada during the past few decades. Indeed, Frye's suggestion that the above quotation "may be only a rationalization for not having budged an inch in eighteen years ' may similarly offer an important clue about the legal education debate in Canada and the …

The Teaching Of The Law Of Thailand, Ted L. Mcdorman

Dalhousie Law Journal

Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.

Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard

Dalhousie Law Journal

This book contains 30 essays covering many aspects of Quebec law,' divided into five sections: l'Etat, les personnes, les conditions de vie, les organisations, and a final section entitled l'émergence d'une science juridique. The contributions are united in a formal sense in two ways: their authors are all professors in the department of sciences juridiques at l'Université du Québec à Montréal, and they all focus on developments in the period 1970-1987. Thematically, the pieces are united, according to the preface at any rate, in providing, "une lecture critique de l'évolution des tendances de notre droit" during this agitated, exhilarating and …

Teaching Professional Responsibility In Law School, Alvin Esau

Dalhousie Law Journal

After eight years of teaching a three-credit course on The Legal Profession and Professional Responsibility to second- and third-year law students, I am left with a sense of great dissatisfaction with the whole enterprise. So deep is my dissatisfaction that I am questioning whether to continue or move into a different course instead. This paper is an opportunity to take stock of my experience and attempt to map out the causes of my dissatisfaction, and to seek some vision, if possible, of what the course should be about, how to teach it, and why I should bother. To give the …

Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank

Notre Dame Law Review

No abstract provided.

Crime In The Stacks, Or A Tale Of A Text: A Feminist Response To A Criminal Law Textbook, Mary I. Coombs

Articles

No abstract provided.

The Politics Of Law (Teaching) (Book Review), Michael S. Ariens

Faculty Articles

The satiric novel, as a “message” novel, can provide unvarnished truths about the object of satire. Institutions of higher learning, particularly law schools, and the denizens of those institutions, are prime subjects for satire because they take themselves so seriously. Unfortunately, though, The Socratic Method by Michael Levin takes itself as seriously as the law school it is criticizing.

One of the hazards of the satiric novel is that the message may overwhelm the plot and characterization. Levin, in his zeal to awaken the reader to the torture of the law school, and particularly the torture of the law school …

The Dauer-Brown Letters: Towards A Comprehensive Legal Education, Edward A. Dauer, Louis M. Brown

Cleveland State Law Review

Edward A. Dauer is President of the National Center for Preventive Law at the University of Denver. Louis M. Brown developed and advocates preventive law jurisprudence. In this dialogue, drawn from an exchange of correspondence between them, Dauer and Brown focus their insights on how best to gear law school curricula to train lawyers to handle the complexities of a "real life" practice.

Voices, Values And Community: Some Reflections On Legal Writing, Frank Pommersheim

Faculty Publications

No abstract provided.

Introduction: The Internationalization Of Law And Legal Practice, Thomas E. Carbonneau

Faculty Scholarship

The Eason-Weinmann Colloquium entitled "The Internationalization of Law and Legal Practice," held in March 1988, addressed the challenges posed to conventional legal practice and rules of law by the evolution of the international marketplace. In light of the increasingly international character of commercial transactions, could or should disputes in transnational business ventures be adjudicated exclusively within national processes and according to domestic strictures? Does the character of these transactions portend the creation of a new genre of lawyering? Are current academic curricula adapted to the molding of this new breed of lawyers? Is a functional international bar possible? Do we …

Coping With Change: The Lawyer's Role, Wilton S. Sogg

Cleveland State Law Review

The following articles are the result of an experimental course entitled "Current Problems of Small Business" offered at Cleveland-Marshall College of Law. Primarily for third-year students, the course was designed to provide a practical learning experience in seminar format. The course focused on business issues, but also taught lawyering skills such as interviewing, counseling, negotiating and drafting. Thus, the students were provided a pragmatic learning experience that can be applied to legal practice.

The Catholic Tradition, Thomas L. Shaffer

Journal Articles

If you stand in the road near one of the on-campus Roman Catholic university law schools in the United States, you can probably see a church spire. You can squint past whatever fire wall or battlement or gothic tower there is on the law building and see the campus church. You can do this at Notre Dame, St. Louis, Creighton, San Francisco, Boston College, and San Diego. If you go inside one of these law buildings, you may find crucifixes, chapels, holy-water fonts, or a statute of Thomas More. But none of these things will tell you what those law …

Recasting Behavior: An Essay For Beginning Law Students, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

The Teaching Of Legislation In Canadian Law Faculties, W Maclauchlan, T G. Ison, H N. Janisch, P A. Coté

Dalhousie Law Journal

Wade MacLauchlan: On behalf of Pierre Issalys, who serves as co- President of the Administrative Law Section of the Canadian Association of Law Teachers, and myself, I would like to welcome you to our annual section meeting. The subject which has been adopted for today's meeting is: "The Teaching of Legislation in Canadian Law Faculties". We have the good fortune to have as panelists three of the most experienced and vital teachers of Administrative Law in the country. Professors Terry Ison of Osgoode Hall Law School, Hudson Janisch of the University of Toronto and Pierre-Andr6 Cot6 of l'Universit6 de Montr6al …

Les Sciences Jurisdiques À L'Université Du Québec À Montréal: Fifteen Years Later, Robert D. Bureau, Carol Jobin

Dalhousie Law Journal

The experiment of the Law Department as a new approach to legal education has been going on now for 15 years. It has directly involved more than 1,500 people as students, instructors (professors and sessional lecturers) and support staff (administrative and library personnel, etc.). This experiment has a unique identity, indeed a distinctive image, which has given rise to a certain amount of controversy in the Quebec legal milieu. Especially since the debates stemming from the publication of the Law and Learning Report, it seems that the experiment has also aroused a certain amount of curiosity in the Canadian legal …

The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp

Dalhousie Law Journal

The teaching of International Law at the Universit6 de Montr6al has continued to be of primary importance during the 14 academic years comprised between the years 1971 to 1985. This importance is evidenced by staff members devoting themselves, on a full-time basis, to international law and by the significant number of guest professors, sessional lecturers and teaching assistants that have been involved in the teaching of international law.

The Canadian Institute Of Resources Law At Calgary, Constance D. Hunt

Dalhousie Law Journal

When the University of Calgary's Law Faculty was established in 1976, one of its mandates was to develop a specialized program in resources and environmental law. This process was embarked upon immediately through the use of many resources law issues as teaching vehicles in firstyear courses such as constitutional and property law, and the development of an upper-year curriculum that featured several courses and programs in resources and environmental law. As well, generous contributions from Calgary law firms and corporations resulted in the partial endowment of a Chair of Natural Resources Law.

China’S Environmental Legislation And Current Issues, Dian Rong Luo

Proceedings of the Sino-American Conference on Environmental Law (August 16)

8 pages.

Studying Music, Learning Law: A Musical Perspective On Clinical Legal Education, Alfred C. Aman

Articles by Maurer Faculty

I want to talk about an important issue in legal education today: the role of clinical education in the law school curriculum. I hope to shed some light on that issue by looking at another professional school model-not the medical school model, which is the usual approach, but the music school model. I want to reflect on my experiences as a student at the Eastman School of Music and my recent conversations with Robert Freeman, the director of the Eastman School, and members of the Eastman faculty. In so doing, I want to suggest some parallels between musical and legal …

Audiovisual Enhancement Of Classroom Teaching: A Primer For Law Professors, Vincent R. Johnson

Faculty Articles

It is increasingly hard to avoid the idea that audiovisual techniques are appropriate—if not essential—to the contemporary law school classroom. Audiovisual aids are already widely employed in the practice of law, continuing legal education, and in most fields of higher and professional education. Yet, what little empirical evidence exists suggests that modern media techniques have had little impact on the traditional law school classroom. Thus it is relevant to ask whether and how audiovisual media can effectively augment the teaching of standard substantive law courses.

Missouri Law Review Fellows Program Inaugurated, Dale A. Whitman

Faculty Publications

The Missouri Law Review has a distinguished history of service to the legal profession and the academic community. First published more than fifty years ago, the Review has printed many articles and student notes which have served to improve the administration of justice, while at the same time providing hundreds of second- and third-year law students with a uniquely valuable experience in legal analysis, scholarship, and editing. Membership on the Review has become an important credential, reflecting credit on the student members and enhancing their attractiveness to law firms seeking associates and judges seeking clerks.

Why We Teach Law Students To Mediate, Kathleen W. Marcel, Patrick Wiseman

Journal of Dispute Resolution

It has become fashionable, if it was not always, to find fault with the legal system and those who operate it. For people seeking alternatives to, or substitutes for, the traditional system of justice, mediation and other nonlitigation processes are appealing.' As a general proposition, we are neither advocates for nor opponents of mediation as a process for handling and resolving disputes. Our experiences in observing mediations and in mediating have led us to conclude that there are appropriate and inappropriate uses of mediation as there are appropriate and inappropriate uses of other processes including litigation. Indeed, one of our …

How Professionals (Including Legal Educators) "Treat" Their Clients, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Dealing With The Limits Of Vision: The Planning Process And The Education Of Lawyers, Lawrence Lederman, Jay Levenson

Articles & Chapters

No abstract provided.