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Full-Text Articles in Legal Education

Assertion And Hearsay, Richard Lloret Jan 2021

Assertion And Hearsay, Richard Lloret

Dickinson Law Review (2017-Present)

This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …


From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen Jan 2021

From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen

Faculty Publications

In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that appeared in a symposium edition of the Berkeley Women’s Law Journal. Since then, Black women and women of color have published articles and books about their experiences with presumed incompetence, outsider status, and silence. The story of Black women in the legal …


Our Collective Work, Our Collective Strength, Renee Nicole Allen Jan 2021

Our Collective Work, Our Collective Strength, Renee Nicole Allen

Faculty Publications

This essay considers the collective strength of women of color in two contexts: when we are well represented on law school faculties and when we contribute to accomplishing stated institutional diversity goals. Critical mass is broadly defined as a sufficient number of people of color. Though the concept has been socially appropriated, its origins are scientific. While much of the academic literature encourages diversity initiatives designed to reach a critical mass, social change is not a science. Diversity in numbers may positively benefit individual experiences for women of color, however, diversity alone will not change social norms at the root …


No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin Jan 2021

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over …


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


The Effect Of The Uniform Bar Examination On Admissions, Diversity, Affordability, And Employment Across Law Schools In The United States, Manuel S. González Canché, Taylor K. Odle, Ji Yeon Bae Jan 2021

The Effect Of The Uniform Bar Examination On Admissions, Diversity, Affordability, And Employment Across Law Schools In The United States, Manuel S. González Canché, Taylor K. Odle, Ji Yeon Bae

Grantee Research

The Uniform Bar Examination (UBE), first implemented in February 2011 in Missouri and North Dakota, is a multijurisdictional or cross-state test designed to assess a minimum shared core of legal knowledge and lawyering skills. Since its implementation, UBE has now reached 37 states and territories, including the District of Columbia. Despite this prevalence, no empirical evidence exists regarding its effects on law schools’ admissions, diversity, affordability, and employment mobility of law students and graduates or of its effects on law schools’ application volumes or average bar passage rates. This study addresses this gap by providing a comprehensive examination of the …


Changemakers: Coming Full Circle, Roger Williams University School Of Law Jan 2021

Changemakers: Coming Full Circle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2021

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth Jan 2021

The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth

Scholarly Works

When invited to write an essay on clinical legal education honoring our friend, we were struck by the importance of a focus on clinical legal education in any collection of work paying tribute to Professor Deborah Jones Merritt. Legal education has benefited from a fifty-year movement for clinical education. This movement necessarily interrogates and seeks to overcome the anachronistic, inherited Langdellian paradigm that dominates and continues to define the curricula and policies of our law schools. But the movement for clinical education has been exponentially confounded by contemporary legal education’s shape as a pyramid of statuses and privileges accumulated over …


Client-Centered Communication: How Effective Lawyering Requires Emotional Intelligence, Active Listening, And Client Choice, Heather Heavin, Michaela Keet Jan 2021

Client-Centered Communication: How Effective Lawyering Requires Emotional Intelligence, Active Listening, And Client Choice, Heather Heavin, Michaela Keet

Cardozo Journal of Conflict Resolution

For the lawyer-client relationship to work effectively, lawyers need to provide clients with competent, understandable, and relevant legal advice. This proposition is so central to the lawyer's role that it is difficult to challenge. Yet, we suggest, this proposition belies the complexity of the responsibility, given the decision-making process that clients are going through (or should be going through) when deciding to litigate or to settle through negotiation or mediation. The educational literature contains much advice for lawyers on the benefits of dispute resolution processes, how to select and navigate through them, but much less on how lawyers should guide …


Religious Roots Of Corporate Organization, Amanda Porterfield Jan 2021

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …


On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez Jan 2021

On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez

Journal Articles

This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.


Law Talk In A Brief Advice Clinic, Linda F. Smith Jan 2021

Law Talk In A Brief Advice Clinic, Linda F. Smith

Utah Law Faculty Scholarship

Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes.1 Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …


How To Train Your Supervisor, Kris Franklin, Paula J. Manning Jan 2021

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

Articles & Chapters

In an ideal world every meeting between law students and professors, or between beginning lawyers and their supervisors, would leave supervisors impressed by their charges and junior lawyers/students with a clear sense of direction for their work. But we do not live in that ideal world. Instead, supervisors, supervisees, law professors and law students frequently leave such meetings feeling frustrated, disconnected and without a shared understanding of how to improve the experience (and future performance).

This Article seeks to improve supervisory meetings, and to do so from the perspective of the ones under supervision. There is a genuine art to …


A Novel Response: How Law Libraries Adapted To The Pandemic, Aamir S. Abdullah Jan 2021

A Novel Response: How Law Libraries Adapted To The Pandemic, Aamir S. Abdullah

Publications

No abstract provided.


The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio Jan 2021

The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio

Seattle University Law Review

Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vloggers, the Ace Family, has recorded their children’s lives from the day they were born and continue to upload videos of each milestone, including “Elle Cries on Her First Rollercoaster Ride” and “Elle and Alaïa Get Caught Doing What!! **Hidden Camera**.” Another vlogging couple, Cole and Savannah LaBrant, post similar content, including videos titled “Baby …


Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law Jan 2021

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Race, Rules, And Disregarded Reality, Marsha Griggs Jan 2021

Race, Rules, And Disregarded Reality, Marsha Griggs

All Faculty Scholarship

Exploring issues of racial bias and social injustice in the law school classroom is a modern imperative. Yet, important conversations about systemic inequality in the law and legal profession are too often dissociated from core doctrinal courses and woodenly siloed to the periphery of the curriculum. This dissociation creates a paradigm of irrelevancy-by-omission that disregards the realities of the lived experiences of our students and the clients they will ultimately serve. Using Evidence as a launch pad, Professor Deborah Merritt has paved a pathway to incorporate these disregarded realities in doctrinal teaching. This important pathway leads to safe spaces necessary …


Using Experiential Learning To Create An Inclusive Classroom, Promote Equity, And Develop Professional Identity, Tianna N. Gibbs Jan 2021

Using Experiential Learning To Create An Inclusive Classroom, Promote Equity, And Develop Professional Identity, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Legal education is changing. As law schools diversify their student bodies, they are being more intentional about the creation of an inclusive and equitable learning environment. Law schools also are engaging in curricular and pedagogical reform to better prepare students for law practice. Incorporating experiential learning into the law school curriculum has been a significant component of these reform efforts. The development of students’ professional identity also has become a focus of preparation for practice.


Creativity, Content, And Community In Evidence Online, Lynn Su Jan 2021

Creativity, Content, And Community In Evidence Online, Lynn Su

Articles & Chapters

No abstract provided.


Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown Jan 2021

Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown

Articles & Chapters

No abstract provided.


A Merritt-Orious Path For Lawyer Licensing, Eileen Kaufman, Carol L. Chomsky, Andrea Anne Curcio Jan 2021

A Merritt-Orious Path For Lawyer Licensing, Eileen Kaufman, Carol L. Chomsky, Andrea Anne Curcio

Scholarly Works

More than two decades ago, Professor Deborah Merritt turned her attention to responding to the then-proliferating efforts to raise state passing scores for the bar examination. Writing with Lowell Hargens and Barbara Reskin, two professors of sociology, Professor Merritt challenged the methodology of the studies that purported to show the need to “raise the bar.” In the process, she presciently raised broader concerns about the validity of the bar exam to assess lawyer competence and the impact of the bar exam on the diversity of the legal profession. In the years since, Professor Merritt has continued to critique the bar …


“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow- Kleinhaus Jan 2021

“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow- Kleinhaus

Scholarly Works

No abstract provided.


A Tribute To Professor Catherine Mahern, Lawrence Raful Jan 2021

A Tribute To Professor Catherine Mahern, Lawrence Raful

Scholarly Works

No abstract provided.


Legally Unhappy: How Us News And Law Schools Have Failed And How This Can Be Fixed, Christopher D. Iacono Jan 2021

Legally Unhappy: How Us News And Law Schools Have Failed And How This Can Be Fixed, Christopher D. Iacono

Touro Law Review

No abstract provided.


“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus Jan 2021

“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus

Touro Law Review

No abstract provided.


The Struggle With Basic Writing Skills, Ann Nowak Jan 2021

The Struggle With Basic Writing Skills, Ann Nowak

Scholarly Works

No abstract provided.


Law School Exams During A Pandemic: One Law School’S Experience, Beth Parker Dec 2020

Law School Exams During A Pandemic: One Law School’S Experience, Beth Parker

Seattle Journal of Technology, Environmental, & Innovation Law

In 2020, toward the end of the spring semester, the COVID-19 pandemic disrupted life across the globe. Institutions, including law schools, felt the widespread effects of this public health crisis. Law schools were forced to move entire curriculums online in record time and consider how they were going to administer final exams. There is no precedent or manual for how to do this successfully. Law school exams are inherently stressful events in a law student’s career because their performance on the exam inordinately influences their grades and class rankings. Typically, law students are already on edge during final exams without …


Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden Dec 2020

Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden Dec 2020

Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.