Legal Education Commons^™

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Reconceptualising Legal Education After War, Christopher P. Waters

ExpressO

This paper considers the impact of war on legal education and assesses the contributions of legal education to post-conflict reconstruction and reconciliation.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Economic Analysis Of Law And Economics, Oren Gazal-Ayal

ExpressO

The academic world is wonderful. Like few other professionals, we can choose what we want to do and what questions we think are important, which in our line of work means choosing what topics we want to research. But what influences our choices? This paper examines what drives scholars to select Law and Economics (L&E) as a topic for research. It does so by implementing the methodology of many L&E papers – by assuming that regulation and incentives matter.

Legal scholars face very different academic incentives in different parts of the world. In some countries, the academic standards for appointment, …

Beyond Litigation: Legal Education Reform In Japan And What Japan's New Lawyers Will Do, George Schumann

University of Miami International and Comparative Law Review

No abstract provided.

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

"When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers" The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

Opening Our Classrooms Effectively To Foreign Graduate Students, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Aiding Clinical Education Abroad: What Can Be Gained And The Learning Curve On How To Do So Effectively, Leah Wortham

Scholarly Articles

The author advocates donor support for clinical education projects abroad and outlines the minimal requisites that she would have for such projects - direct experience with disadvantaged clients, faculty involvement, and sincerity and integrity of organizers. She cautions against funders and consultants pressing new clinics to fit American clinical models. She provides sample reporting questions that would require projects to reflect on goals sought and results achieved. She draws lessons for efforts to assist clinics abroad from critiques of the law and development movement (LDM), the last major international initiative in legal education reform; more recent efforts termed the New …

Why China?: A Startling Transformation, Nicholas C. Howson

Articles

Another vantage point—the view from inside China— reveals a process of transformation even more startling and far-reaching than the external manifestations of China’s rise.

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

Articles

My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …

Lawyers' Professionalism, Colonialism, State Formation And National Life In Nigeria, 1900-1960: 'The Fighting Brigade Of The People', Chidi Oguamanam, W. Wesley Pue

All Faculty Publications

This essay explores the role of the organized legal profession in relation to British Imperialism, state formation, and independence in Nigeria. Drawing on recent works in the fields of post-colonial legal studies and cultural histories of legal professions, the paper develops an understanding of lawyering and lawyers' associations as deeply implicated in the myriad cultural projects through which law simultaneously 'civilizes' provincials and mediates between centre and locale. The paper reviews new developments in theories of legal professionalism and surveys secondary literatures of lawyers in colonial processes. It assesses the historical processes linking imperialism, law, and lawyers from the establishment …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Report Regarding The Pacific Mcgeorge Workshop On Globalizing The Law School Curriculum, Thomas O. Main

Scholarly Works

No abstract provided.

Global Law Teaching, Catherine Valcke

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.

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

Washington International Law Journal

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 law schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …

Professor Kingsfield Goes To Delhi: American Academics, The Ford Foundation, And The Development Of Legal Education In India, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.

The New Japanese Law Schools, James R. Maxeiner

ExpressO

Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.

Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris

Journal of Legal Education

No abstract provided.

The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I am pleased to write in honor of Bill Jones by reflecting here on the study of Chinese law, which has occupied us both since the early 1960s and has since grown far beyond its narrow scope at that time. In the pages that follow, I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. I am also pleased to use this review as a vehicle for noting, in particular, some of Bill's contributions to our inquiries. Some related activities …

Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote

Chapters in Books

This essay was published in 2003, in Japanese, as my contribution to a tribute volume honoring Nozaki Ayako, a Ph.D. candidate at The University of Tokyo who passed away suddenly earlier that year. In an article she published in 1999, Nozaki had offered a thoughtful, perceptive critique of an article I had published four years before, dealing with the resolution of traffic accident disputes in Japan. Her article led me to reflect on the reasons for the difference in our views; and that in turn led to this essay. As indicated in the title, two key themes of this essay …

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

Articles

The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …

Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser

Cornell Law Faculty Publications

Bijuralism In Legal Education: A French View, Xavier Blanc-Jouvan

Journal of Legal Education

No abstract provided.

Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy

Journal of Legal Education

No abstract provided.