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Full-Text Articles in Legal Education

Teaching Contracts: My Journey With Spellbook And Ai Pedagogy, Gregory M. Duhl Mar 2026

Teaching Contracts: My Journey With Spellbook And Ai Pedagogy, Gregory M. Duhl

William & Mary Law Review Online

I am integrating Spellbook, an AI tool for contract drafting and review, into my first-year law school Contracts course in spring 2026. Although Spellbook is highly effective, its educational value hinges on the pedagogical framework structured around it, a framework typically not licensed along with AI tools. In-house instructional design expertise can provide this framework, and the professor-instructional designer partnership offers one model for successful AI integration. Strong tools paired with robust instructional design yield learning experiences in which AI augments, rather than supplants, the cultivation of legal judgment and critical thinking. This collaborative approach among educators, instructional designers, and …


The High Cost Of Law School Casebooks, Jeffrey Bellin Dec 2025

The High Cost Of Law School Casebooks, Jeffrey Bellin

William & Mary Bill of Rights Journal

Commentators have forecasted the demise of high-priced commercial casebooks for two decades. Yet little has changed. This Symposium Essay explores the headwinds facing free and low-cost books in the law school casebook market. It suggests that the biggest problem is “casebook selection inertia.” Given the centrality of the assigned casebook to a typical law school course, professors face strong incentives to make a safe choice from among the leading casebooks—typically those published by the handful of established academic presses who set the highest prices. These choices stick, not only determining the book that will be used for that professor’s future …


Foreword: Casebooks And The Choices That Shape Constitutional Law, Sanford Levinson, Caroline Olsen Dec 2025

Foreword: Casebooks And The Choices That Shape Constitutional Law, Sanford Levinson, Caroline Olsen

William & Mary Bill of Rights Journal

This collection of essays is the product of a conversation between the two co-authors of this Introduction. It occurred toward the conclusion of a very illuminating Symposium at William & Mary Law School in March 2024 on Jack Balkin’s latest book, Memory and Authority, on the role that memory plays in our notions of law. Caroline was the incoming Editor-in-Chief of the William & Mary Bill of Rights Journal, which had sponsored the Symposium. Sandy was a participant in the Symposium. Jack is a very close friend with whom he has coauthored at least two dozen articles and …


Casebooks, Canons, And Constitutional Memory, Jack M. Balkin, Sanford Levinson Dec 2025

Casebooks, Canons, And Constitutional Memory, Jack M. Balkin, Sanford Levinson

William & Mary Bill of Rights Journal

Casebooks on constitutional law take a lot of time and effort to prepare. What is the point of bothering to edit one? There are several possible reasons. First, you might want to make money from sales. For the vast majority of law professors, the financial return to the hours spent organizing and editing cases is simply not worth it. Second, you might be the sort of person who just likes to do things by yourself. If you are going through the bother of preparing your own materials, then why not publish them and possibly influence others as well? Most law …


What Is The Measure Of Success For A Constitutional Law Casebook?, Erwin Chemerinsky Dec 2025

What Is The Measure Of Success For A Constitutional Law Casebook?, Erwin Chemerinsky

William & Mary Bill of Rights Journal

In this Essay, I want to address four topics: how I came to write my constitutional law casebook; my goals for my Constitutional Law class and how the book facilitates achieving them; the challenges in writing a constitutional law casebook; and thoughts about the future of constitutional law casebooks.

There are many different constitutional law casebooks on the market because there are countless different ways of teaching the subject. There is no right way or best way to teach this or any other subject in the law school curriculum. I am describing my approach to teaching a subject that is …


Overruled Cases As A Tool For Inculcating Legal Realism, Michael C. Dorf Dec 2025

Overruled Cases As A Tool For Inculcating Legal Realism, Michael C. Dorf

William & Mary Bill of Rights Journal

The changes wrought by Dobbs and Students for Fair Admissions v. President and Fellows of Harvard College (SFFA) are hardly the only examples of momentous changes to constitutional law in the last few years. Doctrines involving the religion clauses of the First Amendment, the Second Amendment, the scope of the president’s removal power, and much more have been changing rapidly since Amy Coney Barrett replaced Ruth Bader Ginsburg in the fall of 2020, thereby solidifying a conservative supermajority on the Supreme Court. I imagine that the strengthening of the major questions doctrine, the overruling of Chevron deference to federal administrative …


Teaching Firearms Law: One Big Opportunity And Three Pedagogical Challenges, Joseph Blocher, Jacob D. Charles, Darrell A.H. Miller Dec 2025

Teaching Firearms Law: One Big Opportunity And Three Pedagogical Challenges, Joseph Blocher, Jacob D. Charles, Darrell A.H. Miller

William & Mary Bill of Rights Journal

The U.S. Supreme Court’s groundbreaking 2008 decision in District of Columbia v. Heller ushered in a new era for the Second Amendment: one in which the right to keep and bear arms, long dormant as a matter of practical impact and even “embarrassing” as a matter of legal scholarship, vaulted into the front ranks of constitutional law. The Court itself has only revisited the Amendment a few times since then—albeit once by revolutionizing the doctrine. Meanwhile, lower courts have issued thousands of decisions giving shape to the right, while scholars have generated work that is increasingly deep, diverse, and challenging. …


Show And Tell: Writing Constitutional Law Casebooks When The Law Doesn't Matter, William D. Araiza Dec 2025

Show And Tell: Writing Constitutional Law Casebooks When The Law Doesn't Matter, William D. Araiza

William & Mary Bill of Rights Journal

Writing a constitutional law casebook today presents significant challenges. One reason among several stands out: law matters less—indeed, sometimes very little—to those charged with interpreting our constitutional law and implementing our constitutional system.

This Essay examines this challenge and explains how my contribution to the constitutional casebook genre attempts to answer it. It argues that the current moment requires instructors, and the books they use, to “show”—that is, to demonstrate to their students both the handiwork of those interpreters and implementers and alternative pathways. Sometimes, however, practical considerations preclude such showing. In those situations, “telling” may be required. But regardless …


Coping With A Court One Disagrees With, Randy E. Barnett, Josh Blackman Dec 2025

Coping With A Court One Disagrees With, Randy E. Barnett, Josh Blackman

William & Mary Bill of Rights Journal

Part I of this Essay focuses on our approach to teaching the constitutional canon. This part is adapted from the Preface to our constitutional law casebook. Part II traces the evolution of our casebook from the First Edition to the Fourth Edition, and the forthcoming Fifth Edition. We demonstrate that the constitutional canon has changed, but remains remarkably stable. Part III addresses how we, and other like-minded law professors, managed to teach decisions that we fundamentally disagreed with.

This abstract has been taken from the authors' introduction. 


What Should A Constitutional Law Casebook Be?, William Funk Dec 2025

What Should A Constitutional Law Casebook Be?, William Funk

William & Mary Bill of Rights Journal

What is the purpose of a “casebook”? It is not a “hornbook,” designed to summarize or explain the law in a specific area, generally aimed at law students or lawyers to provide a straightforward statement of the law. It is not a “treatise,” a comprehensive, systematic exposition of the law in a particular field, involving an in-depth analysis and interpretation of the law. And it is not a “study aid,” supplementary material designed to help students do better in their classes. It is the book used by professors in their classes. For professors of constitutional law, it is a tool …


Intellectual Integrity, Collaboration, And The Market, Mark Tushnet Dec 2025

Intellectual Integrity, Collaboration, And The Market, Mark Tushnet

William & Mary Bill of Rights Journal

My reflections are those of someone who co-edited/co-authored two casebooks that were commercially and intellectually successful and one that was intellectually but not commercially successful. I start with the assumption that people decide to do a casebook because they find that existing materials don’t do some things they think ought to be done in the course (and do some things that aren’t really necessary for teaching purposes). That is, doing a casebook is at the outset an intellectual project.

Executing that project runs up against some constraints almost immediately. A simple one is that you might well think that you …


What Belongs In A Constitutional Law Casebook?, Ernest A. Young Dec 2025

What Belongs In A Constitutional Law Casebook?, Ernest A. Young

William & Mary Bill of Rights Journal

This Essay argues that constitutional law cannot (and should not) be an autonomous subject within the legal curriculum. This argument echoes a long-standing debate about whether law itself is an autonomous scholarly discipline. The answer to that question is surely, as Allan Farnsworth put it, “sometimes YES and sometimes NO.” But this Essay does not focus on law’s autonomy from other disciplines, such as political science, psychology, or economics. Rather, I consider the extent to which constitutional law should overlap with other legal subjects, such as legal history, administrative law, or statutory interpretation. My conclusion is that, at least in …


The Political Dynamics Of Constitutional Law, Neal Devins Dec 2025

The Political Dynamics Of Constitutional Law, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.


What Makes A Con Law "Doctrine" And Why Does It Matter?, Allison Orr Larsen Dec 2025

What Makes A Con Law "Doctrine" And Why Does It Matter?, Allison Orr Larsen

William & Mary Bill of Rights Journal

A few years ago, I started wondering about the “major questions doctrine” (or MQD) in administrative law, and I found myself asking: “When did that become a thing?” I was familiar with the cases that stand for the proposition that Congress does not lightly delegate high stakes questions to administrative agencies—cases that date back to 2000 and specifically to a decision about cigarette advertising and the FDA. But up until 2022, it was rare for courts and commentators to refer to that collection of cases as a “doctrine.” Today, by contrast, the major questions doctrine is bread and butter administrative …


William & Mary Law School Clinical Program News (2024-2025), William & Mary Law School Apr 2025

William & Mary Law School Clinical Program News (2024-2025), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


A Plea For Private International Law (Conflict Of Laws), Michael S. Green Feb 2025

A Plea For Private International Law (Conflict Of Laws), Michael S. Green

Faculty Publications

In this essay, author Michael S. Green discusses private international law and its importance in a law school's curriculum. After a brief summary of the history of private international law, the essay traces the disappearance of private international law courses in American law schools and proposes reasons as to why this trend may be occurring. The essay closes with reasons why it is a mistake to remove private international law from course offerings and requests that law schools reintroduce the topic.


William & Mary Law School Clinical Program Newsletter (Fall 2023), William & Mary Law School Oct 2023

William & Mary Law School Clinical Program Newsletter (Fall 2023), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


Here Are Ways Professional Education Leaders Can Prepare Students For The Rise Of Ai, A. Benjamin Spencer Jul 2023

Here Are Ways Professional Education Leaders Can Prepare Students For The Rise Of Ai, A. Benjamin Spencer

Popular Media

No abstract provided.


William & Mary Law School Clinical Program News (2022-2023), William & Mary Law School Apr 2023

William & Mary Law School Clinical Program News (2022-2023), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


Get Out: Structural Racism And Academic Terror, Renee Nicole Allen Apr 2023

Get Out: Structural Racism And Academic Terror, Renee Nicole Allen

William & Mary Journal of Race, Gender, and Social Justice

Released in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.

Like Get …


"Civil Procedure Is What It's All About": Law School Dean A. Benjamin Spencer Reflects On Career, Molly Parks, A. Benjamin Spencer Feb 2023

"Civil Procedure Is What It's All About": Law School Dean A. Benjamin Spencer Reflects On Career, Molly Parks, A. Benjamin Spencer

Popular Media

No abstract provided.


Tribute To Professor James Moliterno, Patricia Roberts, Soledad Atienza, Eleanor Myers, James S. Heller, Gary Tamsitt, Neal Devins, Peter Čuroš, Veronika Tomoszek, Maxim Tomoszek, Paul Žilinčík, Rongjie Lan, José M. De Areilza, Irina Lortkipanidze, Ján Mazúr, Javier Guillen, Lucia Berdisová, James Étienne Viator Jan 2023

Tribute To Professor James Moliterno, Patricia Roberts, Soledad Atienza, Eleanor Myers, James S. Heller, Gary Tamsitt, Neal Devins, Peter Čuroš, Veronika Tomoszek, Maxim Tomoszek, Paul Žilinčík, Rongjie Lan, José M. De Areilza, Irina Lortkipanidze, Ján Mazúr, Javier Guillen, Lucia Berdisová, James Étienne Viator

Faculty Publications

No abstract provided.


Making The Path To A Law Degree More Accessible For Everyone, A. Benjamin Spencer Oct 2022

Making The Path To A Law Degree More Accessible For Everyone, A. Benjamin Spencer

Popular Media

US Supreme Court Justice Neil Gorsuch recently asked if a law degree should require seven years of college and mountains of debt. William & Mary Law School Dean A. Benjamin Spencer answers that question and provides solutions for knocking down the barriers to a legal education.


William & Mary Law School Clinical Program Newsletter (Fall), William & Mary Law School Oct 2022

William & Mary Law School Clinical Program Newsletter (Fall), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


Rethinking Introductory Statutory Research Instruction, Leslie A. Street, Frederick Dingledy Oct 2022

Rethinking Introductory Statutory Research Instruction, Leslie A. Street, Frederick Dingledy

Library Staff Publications

No abstract provided.


Higher Ed Has Faults -- But Don't Ignore Its Utility, A. Benjamin Spencer Sep 2022

Higher Ed Has Faults -- But Don't Ignore Its Utility, A. Benjamin Spencer

Popular Media

No abstract provided.


The Brief (Edition #17, April 2022), William & Mary Law School Apr 2022

The Brief (Edition #17, April 2022), William & Mary Law School

The Brief

No abstract provided.


William & Mary Law School Clinical Program News (2021-2022), William & Mary Law School Apr 2022

William & Mary Law School Clinical Program News (2021-2022), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.


U.S. News Rankings Get It Right On Law Libraries, Amanda Runyon, Leslie A. Street, Amanda Watson Mar 2022

U.S. News Rankings Get It Right On Law Libraries, Amanda Runyon, Leslie A. Street, Amanda Watson

Library Staff Publications

No abstract provided.


The Brief (Edition #16, March 2022), William & Mary Law School Mar 2022

The Brief (Edition #16, March 2022), William & Mary Law School

The Brief

No abstract provided.