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Cleveland State University

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Articles 61 - 90 of 202

Full-Text Articles in Legal Education

Brief Against Homophobia At The Bar: To Law School Dean-Mid 1960s, Joel J. Finer Jan 2000

Brief Against Homophobia At The Bar: To Law School Dean-Mid 1960s, Joel J. Finer

Law Faculty Articles and Essays

In the mid-1960s, the author addressed the following "brief" to the Dean of a major law school on behalf of a law student, successfully urging that the Dean not report the student's homosexual activities to the state Bar committee which screened applicants for "good moral character." My own view, to be presently elaborated, is that to deprive a law student of the well-earned fruits of his labor on the basis of psychiatric findings that he might, at some future time commit a homosexual act that might become public and might merely embarrass a client, employer or associate, would manifest gross …

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Thanks, But I'M Just Looking : Or Why I Don't Want To Be A Dean, Susan J. Becker Jan 1999

Thanks, But I'M Just Looking : Or Why I Don't Want To Be A Dean, Susan J. Becker

Law Faculty Articles and Essays

The author discusses the challenges facing law faculty who consider taking on the duties of law school administration.

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Self-Reflection Within The Academy: The Absence Of Women In Constitutional Jurisprudence, Karin M. Mika Jul 1998

Self-Reflection Within The Academy: The Absence Of Women In Constitutional Jurisprudence, Karin M. Mika

Law Faculty Articles and Essays

This article will suggest that legal education has failed to represent the significant contributions of women in our American legal heritage within its curriculum. It urges that an acknowledgment of the feminine contribution must now be included within the curriculum of law schools in such a way that the contribution is incorporated within traditional substantive courses rather than select courses dealing with primarily "women's issues." Focusing on the Nineteenth and early Twentieth centuries, this article highlights the achievements and legal battles of women which were integral to the overall development of legal theory in our country. It discusses some of …

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Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson Jan 1998

Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article surveys methods that could improve the effectiveness of environmental legal education. I propose that approaches to teaching environmental law be viewed in two ways; first, as a substantive course in which students gain access to a complex system of law, and second, as a substantive base for teaching students skills of legal process. Within both possibilities, I focus on the value of teaching students to understand the environmental law system. Instructors can introduce students to the environmental law system by looking at a few of the major environmental statutes in relative depth, or as they apply to specific …

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What We're Not Telling Law Students - And Lawyers - That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger Jan 1998

What We're Not Telling Law Students - And Lawyers - That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger

Journal of Law and Health

Part I of this article sets forth a generally encouraging set of propositions about student and attorney life that I have found to be true. If they are, law students and lawyers need to hear them repeatedly. They collectively represent an approach to life and law which, to the extent it is internalized, can increase life satisfaction, raise standards of professional behavior, and relieve many of the kinds of distress that law students and lawyers are prone to experience. Some students seem to bring much of this information with them to law school years and after, do not lose sight …

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Law Students' Commitment Benefits Everyone - A View On Law Student Participation, Pamela Daiker-Middaugh Sep 1997

Law Students' Commitment Benefits Everyone - A View On Law Student Participation, Pamela Daiker-Middaugh

Law Faculty Articles and Essays

Describes the value of law students participating in pro-bono and volunteer opportunities.

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Innovative Teaching Methods And Practical Uses Of Literature In Legal Education, Karin M. Mika Jul 1997

Innovative Teaching Methods And Practical Uses Of Literature In Legal Education, Karin M. Mika

Law Faculty Articles and Essays

Because I believe a breadth of reading enhances one's ability to think and write, throughout the years I have tried to encourage extra curricular and diversified reading to be done in conjunction with my Legal Writing class. Unfortunately, yet understandably, law students generally only do the required work, but not more. As a consequence, I have discovered, over time, that the "readers" in my classes continue to read while the "non-readers" never take the opportunity to discover what advantage there might be in taking my advice. Because no change has occurred in students' overall attitudes, I decided to make life …

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Tell Me A Story: Using Short Fiction In Teaching Law And Bioethics, Dena S. Davis Jan 1997

Tell Me A Story: Using Short Fiction In Teaching Law And Bioethics, Dena S. Davis

Law Faculty Articles and Essays

For some years now, I have been experimenting with the use of short stories. Despite rich resources for stories, there remains a void best filled by fiction. When discussing fiction, we can probe, criticize, and express ourselves freely without the constraints we feel when discussing real people. Good fiction lays bare the innermost thoughts and experiences of its characters, perhaps even their dreams and nightmares, in a way that would be intrusive, uncomfortable, or impossible, even in autobiography. When the entire class reads a short story, it provides a pool of shared experience, a fixed point for discussion. Just as …

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Making The Move From Law Practitioner To Law Professor, Or How Not To Simplify Your Life, Susan J. Becker Oct 1996

Making The Move From Law Practitioner To Law Professor, Or How Not To Simplify Your Life, Susan J. Becker

Law Faculty Articles and Essays

The author discusses her transition from litigation practice to teaching law. She concludes that there are three discrete yet connected components of a law professor's job which closely parallel that of a litigator: teaching, administrative service, and scholarship.

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Being Out And Fitting In, Susan J. Becker Jan 1996

Being Out And Fitting In, Susan J. Becker

Law Faculty Articles and Essays

The author discusses her experience as a law professor and a member of the gay and lesbian community.

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Development Of A Criminal Law Clinic: A Blended Approach, Norman Fell Jan 1996

Development Of A Criminal Law Clinic: A Blended Approach, Norman Fell

Cleveland State Law Review

Traditionally law schools have viewed the study of law as an academic science with the development of theoretical skills and methodology being the objective of a legal education. There are legal educators who believe that a curriculum teaching the traditional model is the school's exclusive role and that the professional skills and values associated with the practice of law are more properly acquired by the emerging lawyer in post-graduation settings. This article discusses how the traditional law school curriculum is changing. Section II lays out the historical perspective of practical legal education, and then Section II discusses how this is …

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Of Rat Time And Terminators, David R. Barnhizer Jan 1995

Of Rat Time And Terminators, David R. Barnhizer

Law Faculty Articles and Essays

A version of rat time is being created within the legal profession as law schools pump 40,000 graduates a year into a saturated system. Understanding our present condition as a period of rat time can help us diagnose the problems of the legal profession, identify the future responsibilities of law schools and the profession, and create more effective solutions than the bandaids that have been proposed or applied thus far. This is particularly important because lawyers and law schools have lost their way. They are afraid to address their most troubling problems and to take the principled actions necessary for …

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Pretrial Practice: Teaching Law Students How To Prepare Cases For Trial In A Simulation Course, Lloyd B. Snyder Jan 1995

Pretrial Practice: Teaching Law Students How To Prepare Cases For Trial In A Simulation Course, Lloyd B. Snyder

Law Faculty Articles and Essays

With a colleague, Jack Guttenberg, I team-teach a four-credit, one-semester simulation course at the Cleveland-Marshall College of Law called Pretrial Practice. We have taught Pretrial Practice seven times since we first offered it in the spring of 1988. The course takes students through the process of preparing two cases for trial, beginning with initial client interviews and culminating in one case with a settlement negotiation and, in the other, a final pretrial conference with a local judge.Pretrial Practice provides students with an opportunity, in one semester, to engage in all the activities necessary to develop and prepare a case for …

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Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer Jan 1993

Freedom To Do What? Institutional Neutrality, Academic Freedom And Academic Responsibility, David R. Barnhizer

Law Faculty Articles and Essays

Our topic is whether law schools should remain institutionally neutral, presumably concerning the fundamental political and moral issues that besiege our society. The answer depends on several competing considerations, including one's concept of the university as either ivory tower or critical force obligated to serve the society that sustains it. I opt in the direction of the university as social force while also accepting the validity of the passive mode and seeing the dispassionate search for knowledge as a means to serve important human needs. The abstract formulation of the university as institutionally neutral is in many ways illusory because …

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Homelessness And The Use Of Reality To Enrich The Experience Of Law School, Frank Trinity Jan 1992

Homelessness And The Use Of Reality To Enrich The Experience Of Law School, Frank Trinity

Cleveland State Law Review

When I arrived in New Haven in 1985 1 was shocked. I would go running near the campus and find myself in the middle of public housing projects. This was the first time I ever saw housing projects. I grew up in New Jersey suburbs and had never before seen a housing project. Now I was confronted with people on street comers asking for money. This experience was very upsetting. About the same time as this was occurring, I was attending first semester classes; my brain was being twisted in these courses in ways I never expected. As the semester …

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The Justice Mission Of American Law Schools, David R. Barnhizer Jan 1992

The Justice Mission Of American Law Schools, David R. Barnhizer

Law Faculty Articles and Essays

The scholar's dilemma, particularly those scholars in disciplines such as law that are irreversibly linked to the operation of power and implicit willingness to do violence if necessary, is that societies require shared consensus far more than truth. Negative truths about the scientifically unsupportable premises of our fundamental beliefs might interfere with the quality of the operating consensus, at least for those satisfied with their lot. The stark truth about opportunity, fairness, racial and gender bias, about who receives economic benefits and so forth would not be knowledge that “sets us free” but “sets us at each other's throats”. If …

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The Purposes Of The University In The First Quarter Of The Twenty-First Century, David R. Barnhizer Jan 1992

The Purposes Of The University In The First Quarter Of The Twenty-First Century, David R. Barnhizer

Law Faculty Articles and Essays

This article examines the history of universities, the role of the new university in American society, and the mission of the modern university.

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Pursuing Justice In An Unjust World: Arjuna In America, Marc Galanter Jan 1992

Pursuing Justice In An Unjust World: Arjuna In America, Marc Galanter

Cleveland State Law Review

The knowledge that emerges from research is not automatically translated into policy, but becomes part of a political struggle. But deepening that struggle by challenging our understandings and liberating us from false problems and false solutions is one of the things that law schools can do for justice. The quest for justice is a political quest. In his stirring essay, ‘Politics as a Vocation,’ surely one of the most profound examinations of the nature of political action, Max Weber tells us that the political vocation demands passion, responsibility and something more: "... the decisive psychological quality of the Politician [is] …

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Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender Jan 1992

Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender

Cleveland State Law Review

The traditional required first-year law school curriculum transmits powerful hidden messages. The hidden messages contained within this required core tell students what is most important for all lawyers to know. I am going to suggest a proposed required first year curriculum as a heuristic model for examining hidden messages in curricula generally. The proposed curriculum tells students from the day they receive their registration packets that issues of justice, truth, equality and freedom are important to all lawyers. By the organization of the curriculum, we tell them that these values (or their absence) animate doctrine and process, rather than the …

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The Justice Of Life And Death: Problems And Perspectives In Teaching Capital Punishment Law, Victor Streib Jan 1992

The Justice Of Life And Death: Problems And Perspectives In Teaching Capital Punishment Law, Victor Streib

Cleveland State Law Review

Please use this brief sketch to think along with me as I struggle with my continuing problems in teaching an upper-level law school course on capital punishment. Although I have been teaching it for six years, I continue to have serious doubts about my ability to do it. If I can intrigue you enough with my quandary, maybe I can squeeze out of our encounter a few insights to allow me to do better, or at least to keep me searching for answers. In return, maybe I can suggest some limitations on the justice mission of law faculty. Should the …

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Problems With The Structure Of Casebooks And Instruction, John Makdisi Jan 1992

Problems With The Structure Of Casebooks And Instruction, John Makdisi

Cleveland State Law Review

The case method of instruction has served to instruct generations of students from the time of its introduction by Christopher Langdell at the Harvard Law School. It has much to recommend it inasmuch as the lawyers who have been trained to think, analyze and solve problems by analyzing cases include some of the best minds in the country. However, this time-honored method of instruction contains some major flaws and it is time that we reexamine a pedagogic approach satirized for its punishing role in The Paper Chase. A pedagogic approach to law training that focuses on problem solving is not …

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The Responsibility Of Lawyers To Challenge Injustice, Geoff Budlender Jan 1992

The Responsibility Of Lawyers To Challenge Injustice, Geoff Budlender

Cleveland State Law Review

Jotham Zwane is a respected community leader in Amsterdam, a small country town in South Africa. I could talk for a long time about the truly remarkable Jotham Zwane and his experiences. But in the present context, what is particularly striking about this part of his story is what it tells us about lawyers and their responsibilities. In the first place, the story reminds us of the classic role of the lawyer: to stand between the individual and the state. The second lesson which emerges from the story is a question about the role of lawyers in an unjust system. …

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An Agenda For Social Justice Through Law, Norman Dorsen Jan 1992

An Agenda For Social Justice Through Law, Norman Dorsen

Cleveland State Law Review

It will not surprise many of you that, in defining social justice, I start from the policies of the ACLU. These value free expression, religious liberty, separation of church and state, due process, privacy, and the fair treatment of those that need special protection such as people with disabilities, poor people, gay people, nonwhite people, and women. In general, that is what I have in mind when I think about social justice. But the topic today is the agenda for social justice through law. We are not talking about theory or doctrine, but action. The title of this conference, "The …

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Advice For The New Law Professor: A View From The Trenches, Susan J. Becker Jan 1992

Advice For The New Law Professor: A View From The Trenches, Susan J. Becker

Law Faculty Articles and Essays

A decade ago, Professor Douglas Whaley published an essay that offers comfort and advice to those commencing the metamorphosis from practitioners, judicial clerks, and students into professors of law. The purpose of this article is twofold: to offer a confirmation from the trenches of many of Professor Whaley's observations and to supplement his suggestions with some of my own.

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On Defining Academic Scholarship, Stephen J. Werber Jan 1992

On Defining Academic Scholarship, Stephen J. Werber

Law Faculty Articles and Essays

In 1970, I left the world of a litigation attorney and joined that of academia. One of the first survival lessons that I learned was that, in order to gain tenure and ultimately achieve the pinnacle of full professor, I had to establish myself as a scholar. This, I learned, meant that I had to publish. Perusal of the Personnel Policies of our University, which are similar to those of many others, indicated that a key to a successful career was that I produce "an outstanding record as a scholar." The closest definition to the term in the personnel policies …

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Teaching About Justice And Social Contributions, Talbot D'Alemberte Jan 1992

Teaching About Justice And Social Contributions, Talbot D'Alemberte

Cleveland State Law Review

I have tried to state, in very brief outline, my case that the law schools and the large law firms have thrived on the “Paper Chase” model and that they are not fulfilling the mission which I will, without apology, call the seminary mission. They are not teaching us about justice. Each of us is at this conference because we are concerned with the way legal education operates today and most of us believe that it can be improved. Before this is over, I hope you design a grand agenda for change and I feel privileged to help begin that …

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Bad News, Good News: The Justice Mission Of U.S. Law Schools, Haywood Burns Jan 1992

Bad News, Good News: The Justice Mission Of U.S. Law Schools, Haywood Burns

Cleveland State Law Review

I attempt to address what is wrong with law schools and how to fix it. First of all, with respect to the issue of the justice mission, one of the things that is wrong is that most law schools do not even recognize they have a mission. Secondly, there is the issue of what gets taught in the curriculum. Furthermore, the justice mission calls for us to reexamine the way in which we approach the question of admissions. The question not only whom do we teach but who teaches is also of great concern to us. How we teach has …

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Clinical Scholarship And The Justice Mission, Robert D. Dinerstein Jan 1992

Clinical Scholarship And The Justice Mission, Robert D. Dinerstein

Cleveland State Law Review

To many people, the relationship between clinical programs and the justice mission of American law schools is so clear as to be self-evident. These programs may pursue justice on behalf of individual clients or for groups of clients through class-action or other impact litigation. Moreover, clinical teachers frequently discuss with their students the need for the latter to serve justice in their legal careers, whether as the principal focus of their legal work or through pro bono publico activities. Indeed, for many law students, the law clinic may be the only place in which concerns about justice are discussed and, …

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The Justice Mission And Mental Health Law, Steven R. Smith Jan 1992

The Justice Mission And Mental Health Law, Steven R. Smith

Cleveland State Law Review

Mental health law's concern with justice, so much a part of the discussion of civil commitment, the insanity defense and other traditional mental health subjects, has been a neglected subject in one important area. Malpractice claims against mental health professionals commonly are slow, expensive and embarrassing for the professional and the injured. Processing these claims creates great stress on plaintiffs and defendants alike. The legal system has been insensitive to the harm it inflicts on mental health patients who pursue malpractice claims. Too often even patients' lawyers have also ignored the potential for harm. Because the current system conflicts with …

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The Spirit Of Justice, Henry Ramsey Jr. Jan 1992

The Spirit Of Justice, Henry Ramsey Jr.

Cleveland State Law Review

This "Justice Mission" conference is organized around a topic that is of great importance throughout the world. I underscore throughout the world. The American Bar Association, with the lead being taken in part by the Section of Legal Education and Admission to the Bar, is engaged in what is known as the Central and Eastern European Law Initiative (CEELI). This is an attempt to work with law schools, law teachers and law administrators in the countries of Central and Eastern Europe; to bring to them the benefits of the American legal educational system as they attempt to deal with the …

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