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Touro University Jacob D. Fuchsberg Law Center

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Articles 151 - 180 of 239

Full-Text Articles in Legal Education

A Comparison Of The New York Bar Examination And The Proposed Uniform Bar Examination, Suzanne Darrow-Kleinhaus, Mary Campbell Gallagher Jan 2015

A Comparison Of The New York Bar Examination And The Proposed Uniform Bar Examination, Suzanne Darrow-Kleinhaus, Mary Campbell Gallagher

Scholarly Works

The New York Board of Law Examiners (BOLE) proposes adopting the Uniform Bar Exam (UBE), substituting it for the current New York Bar Exam (NYBE). The BOLE proposal is currently under active consideration, and it is the subject of public hearings. This article examines some of the issues the proposal raises. First, we look at the history of the proposal, and at the differences between the UBE and the NYBE as it is currently administered. Then we look in detail at the proposal for New York: a combination of the UBE plus a stand-alone one-hour multiple-choice New York test. Finally, …


Designing A Solo And Small Practice Curriculum, Meredith R. Miller Jan 2015

Designing A Solo And Small Practice Curriculum, Meredith R. Miller

Scholarly Works

There is a reality commonly ignored by the curriculum in most law schools: the largest segment of law graduates will eventually be solo or small firm practitioners. Even before the Great Recession, nearly two thirds of lawyers in the United States practiced in solo or small firms. Since 2008, trends show an increase in the number of recent law graduates that “hang a shingle.” According to a 2012 report of the American Bar Association, about three-quarters of lawyers in the United States work in private practice. Of those attorneys, about seventy percent are in solo or small firms. Many find …


Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson Dec 2014

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson

Touro Law Review

No abstract provided.


You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis Dec 2014

You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis

Touro Law Review

No abstract provided.


Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh Dec 2014

Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh

Touro Law Review

No abstract provided.


Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow Dec 2014

Pride And Prejudice: Lessons Legal Writers Can Learn From Literature, Michele G. Falkow

Touro Law Review

No abstract provided.


"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy Dec 2014

"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy

Touro Law Review

No abstract provided.


Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor Dec 2014

Students As (Re)Visionaries: Or, Revision, Revision, Revision, Susan M. Taylor

Touro Law Review

No abstract provided.


Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re Dec 2014

Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re

Touro Law Review

No abstract provided.


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson Dec 2014

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

Touro Law Review

No abstract provided.


Two Decades Of Therapeutic Jurisprudence, David B. Wexler May 2014

Two Decades Of Therapeutic Jurisprudence, David B. Wexler

Touro Law Review

No abstract provided.


Scholarly Incentives, Scholarship, Article Selection Bias, And Investment Strategies For Today's Law Schools, Dan Subotnik, Laura Ross Jan 2014

Scholarly Incentives, Scholarship, Article Selection Bias, And Investment Strategies For Today's Law Schools, Dan Subotnik, Laura Ross

Touro Law Review

No abstract provided.


"The Majestic Professor Barbara Swartz", Richard Klein, Howard Glickstein, Eileen Kaufman, Jeffrey B. Morris, Thomas Schweitzer, April Schwartz Jan 2014

"The Majestic Professor Barbara Swartz", Richard Klein, Howard Glickstein, Eileen Kaufman, Jeffrey B. Morris, Thomas Schweitzer, April Schwartz

Touro Law Review

No abstract provided.


The Future Of Scholarship In Law Schools, Fabio Arcila Jr. Jan 2014

The Future Of Scholarship In Law Schools, Fabio Arcila Jr.

Touro Law Review

No abstract provided.


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Jan 2014

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Scholarly Works

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …


Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele Jan 2014

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

Scholarly Works

This article is an edited transcript of an interview with Fred Rooney, currently the Director of the International Justice Center for Post-Graduate Development at Touro Law Center. As the inaugural director of the City University of New York (CUNY) School of Law’s Community Legal Resource Network (CLRN), Mr. Rooney pioneered the first law-school based legal incubator. In this interview he discusses the creation of the CLRN, the evolution and growth of legal incubators, and his experience launching the Community Legal Services Center (Centro Comunitario de Servicios Legales or CECSEL) at the Autonomous University of Santo Domingo (UASD) in the Dominican …


Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik Jan 2014

Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, "Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning," which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to an article written by Professor Harvey Gilmore which focuses mostly on the SAT and the LSAT.


Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik Jan 2014

Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Richard Delgado’s article, Standardized Testing as Discrimination: A Reply to Dan Subotnik.


Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik Jan 2014

Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman’s article, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others.


The First Thing We Do, Jorge R. Roig Jan 2014

The First Thing We Do, Jorge R. Roig

Scholarly Works

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …


An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves Oct 2013

An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves

Touro Law Review

The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.


A More Cost Effective Model For Legal Education, Jack Graves Sep 2013

A More Cost Effective Model For Legal Education, Jack Graves

Scholarly Works

In his most recent book, Richard Susskind focuses on three primary drivers of change in the market for legal services: (1) the “more-for-less” challenge; (2) the “liberalization” of the regulatory environment; and (3) the effective use of “information technology.” These same three drivers provide the keys to unlocking a more efficient and effective system of legal education. The price of a legal education must be significantly reduced at the vast majority of law schools, and we must deliver a better education at this reduced price. Together, these two objectives comprise the obvious, yet daunting, “more-for-less” challenge we face as educators. …


The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner Jun 2013

The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner

Touro Law Review

No abstract provided.


A Judge’S Judge, Sol Wachtler Mar 2013

A Judge’S Judge, Sol Wachtler

Touro Law Review

No abstract provided.


An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves Jan 2013

An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves

Scholarly Works

The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.


Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik Jan 2013

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

Scholarly Works

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which a test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers.

The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on …


Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak Jan 2013

Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak

Scholarly Works

This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.


Fortitude At Forty, Or Why A Seemingly Content, Overly Ambitious, And Detrimentally Optimistic Forty-Something Year Old Decided To Upend His Life And Go To Law School Dec 2012

Fortitude At Forty, Or Why A Seemingly Content, Overly Ambitious, And Detrimentally Optimistic Forty-Something Year Old Decided To Upend His Life And Go To Law School

Touro Law Review

No abstract provided.


Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan Nov 2012

Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan

Touro Law Review

No abstract provided.


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak Nov 2012

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Touro Law Review

No abstract provided.