Legal Education Commons^™

Letter To Derrida/America, Anton Schütz

Cardozo Law Review

No abstract provided.

Tragedy Of The Scaffold, Tragedy Of The Trial: Tragedy, Representation Of The Public, Innermost Conviction, And Personal Judgments, Christian Biet

Cardozo Law Review

No abstract provided.

The Rhetoric Of Law And Literature: A Skeptical View, Jane B. Baron

Cardozo Law Review

No abstract provided.

The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett

Cardozo Law Review

No abstract provided.

The Myth Of The Gladiator And Law Students' Negotiation Styles, Melissa L. Nelken

Cardozo Journal of Conflict Resolution

"Shark." "Hired gun." The popular view is that lawyers are, by and large, cut-throat competitors who take the ethical obligation of zealous advocacy on behalf of their clients to the extreme, heedless of the cost to others or to society as a whole. The adversarial system (with its winners and losers), law school teaching, and the portrayal of lawyers in popular media, all feed this stereotype. The focus on litigation promotes misperceptions about what most lawyers actually do. Lawyers make deals and resolve virtually all litigated matters short of trial, often through negotiation. Studies of lawyers' behavior in negotiation over …

Reflections On The Perpetual Myth Of The University As Seeker Of Truth, Michael I. Krauss

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Dispute Resolution And Legal Education: A Bibliography, Trevor C.W. Farrow

Cardozo Journal of Conflict Resolution

This selected bibliography is designed to act as a resource to assist in the ongoing, collaborative development of dispute resolution initiatives and programs in legal education and research in North America and abroad. Further, the particular focus of this bibliography, in addition to the teaching and research of dispute resolution generally, is the emphasis that law reform initiatives are putting on dispute resolution processes as potentially useful tools for increasing access to systems of civil justice around the common law world.

Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Why Lawyers Are Unhappy, Martin E.P. Seligman, Paul R. Verkuil, Terry H. Kang

Articles

[According to the authors of this article, the growing unhappiness of lawyers, particularly young lawyers, stems from three causes: (1) Lawyers are selected for their pessimism (or "prudence") and this generalizes to the rest of their lives; (2) Young associates hold jobs that are characterized by high pressure and low decision latitude, exactly the conditions that promote poor health and poor morale; and (3) American law is to some extent a zero-sum game, and negative emotions flow from zero-sum games....

This article has been shared with practitioners as well as academics. It grows out of faculty seminars held at the …

The System Of Syllogism, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The More Things Change The More They Stay The Same: Mr. Tutt And The Distrust Of Lawyers In The Early Twentieth Century, Molly A. Guptill

Cardozo Public Law, Policy & Ethics Journal

The note explores the intersection of public perception, legal ethics, and professional identity in the twentieth century, focusing on how Arthur Train's fictional character, Ephraim Tutt, influenced both the public's idealized view of lawyers and the legal profession's response to declining prestige. Train's portrayal of Tutt, a nostalgic archetype of the nineteenth-century country lawyer, highlighted the tension between the profession's modernization and the public's longing for a bygone era of ethical integrity. This duality spurred discussions on legal reform and the evolution of ethical standards, as the profession sought to bridge the gap between myth and reality.

Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie J. Menkel-Meadow

Cardozo Journal of Conflict Resolution

What must be remembered and acknowledged before we can move forward to create a future together, whether individually or collectively? Or, as Avishai Margalit has recently put it, is there an ethics of memory - must some things be remembered; what can be forgiven or forgotten in a moral sense? I have long been worried about the emphasis in mediation to focus on the future, to seek ''solutions" to problems in which the parties are guided to "move forward," even while "reorienting the parties to each other," in crafting a more productive relationship. With the growing use and adaptation of …

Inscribing Lesbian And Gay Identities: How Judicial Imaginations Intertwine With The Best Interests Of Children, Christopher Carnahan

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal challenges faced by same-sex parents in adoption and child custody cases, highlighting the evolving definition of family and the impact of court rulings on children's best interests. It critiques the use of formal definitions of family and advocates for a functional approach that prioritizes children's welfare, emphasizing the need for legal recognition of diverse family structures.

Table Of Contents - Cardozo Women's Law Journal, Vol. 11, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

American Midwifery Litigation And State Legislative Preferences For Physician-Controlled Childbirth, Stacey A. Tovino

Cardozo Journal of Equal Rights & Social Justice

The transition from lay midwife-assisted home births to physician-controlled hospital deliveries in the U.S. was driven by a complex interplay of professional competition, economic interests, and societal biases, which were reinforced by judicial deference to state legislative preferences favoring medical dominance over childbirth practices.

The Beecher Sisters As Nineteenth-Century Feminist Icons Of The Sameness-Difference Debate, Tracy A. Thomas

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor

Cardozo Journal of Equal Rights & Social Justice

The article critiques the current state of legal education and the legal profession, arguing that they suffer from a decline in ethical standards, public service, and empathy. It proposes a feminist-inspired reform agenda to address these issues by incorporating values such as collaboration, context, emotions, ethics, and empathy into legal training. The analysis highlights the limitations of traditional teaching methods, particularly the Socratic method, which fosters an adversarial and narrow approach to legal reasoning. The article advocates for a balanced approach that integrates both rational and emotional intelligence to prepare holistic practitioners who prioritize justice and service.

A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and ethical implications of providing medical treatment, particularly gender reassignment surgery (GRS), to transgender prisoners under the Eighth Amendment, which prohibits cruel and unusual punishment. It argues that while courts have recognized the necessity of addressing gender dysphoria, the financial and logistical challenges of providing such treatments raise concerns about equity and resource allocation. The ruling in Brooks v. Berg highlights the tension between constitutional rights and the practical limitations of prison systems in meeting these needs.

It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Prison Litigation Reform Act (PLRA)'s requirement of a physical injury for prisoners to seek damages for mental or emotional harm creates a significant barrier for rape victims, particularly women, in pursuing justice. The author advocates for amending the PLRA to explicitly recognize rape as a compensable injury, ensuring that victims can seek redress without unnecessary procedural hurdles.

New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela Love

Cardozo Journal of Conflict Resolution

Following the first flush of enthusiasm, it is becoming apparent that the dispute resolution field, like its predecessor professional fields, is vulnerable to the incentive structures and practice barriers built into both academic and practice careers. Also, what many of us think of as a national (or international) movement may be increasingly affected by local cultures. In collaboration with scholars and practitioners in a variety of cities, the Broad Field Project6 ("Broad Field") has been convening a number of dialogues about related issues, including a small series particularly focused on the local cultures of dispute resolution.

Out With The Old And In With The New: The Second Circuit Shows It's Time For The Supreme Court To Finally Overrule Mcdonnell Douglas, Kerry S. Acocella

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Desert Palace, Inc. v. Costa case represents a significant shift in employment discrimination law under Title VII, as it simplifies the process for plaintiffs to prove discrimination by allowing the use of circumstantial evidence in mixed-motive claims. The decision aligns with the 1991 Civil Rights Act and highlights the need to reassess the stricter standards of the McDonnell Douglas framework, which the author critiques as overly burdensome. The analysis also examines the implications of this shift through the lens of the Sanders v. NYC HRA case, advocating for the explicit overruling of McDonnell Douglas in …

The Sexual Assault Crisis In The United States Air Force Academy, Colleen Dalton

Cardozo Journal of Equal Rights & Social Justice

The note examines the systemic crisis of sexual assault at the United States Air Force Academy, highlighting how military culture, legal frameworks, and institutional failures perpetuate this issue. It argues that comprehensive legal and cultural reforms are necessary to address the pervasive gender discrimination and retaliation against victims. The analysis emphasizes the need for Congress to modernize the Uniform Code of Military Justice and for the military to adopt a model that promotes gender equality and accountability.

Shepard's And Keycite Are Flawed (Or Maybe It's You), Alan Wolf, Lynn Wishart

Library Staff Articles

No abstract provided.

A Woman's Climb Up The Law School Ladder, Autumn Mesa

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges women face in law school, arguing that the hierarchical and male-dominated structure of legal education creates significant barriers for female students. It contends that women are disproportionately affected by the competitive and often hostile environment, which can lead to feelings of alienation, lower self-esteem, and a struggle to maintain their unique perspectives. The author advocates for systemic change in legal academia to create a more inclusive environment that values diversity and supports female success.

To Do Feminist Legal Theory, Maria Grahn-Farley

Cardozo Journal of Equal Rights & Social Justice

The forword explores the meaning and practice of Feminist Legal Theory through a symposium that challenges traditional hierarchies in legal education. It emphasizes the importance of solidarity, activism, and centering marginalized voices, particularly those of women and students, to question and dismantle systemic oppression. The symposium serves as a space for students and scholars to collaborate, with students' work at the core, highlighting the need to integrate diverse perspectives and lived experiences into legal academia.

Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.

Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the "To Do Feminist Legal Theory" symposium, noting a sense of déjà vu due to the persistence of illegitimate hierarchies in the legal system. Despite this, the symposium offers fresh perspectives, emphasizing the need for multidimensional analyses of oppression and challenging single-axis frameworks. It highlights the importance of continuous critique and action within legal academia and practice to address intersecting forms of subordination.

"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord

Cardozo Journal of Equal Rights & Social Justice

The article examines the gender disparities and challenges faced by female students and faculty at Gonzaga University School of Law, highlighting the need for systemic changes to align the institution’s practices with its mission and legal obligations under Title IX. While the school has made progress in increasing female enrollment, significant gaps persist in faculty representation, classroom participation, and the overall gender-inclusive environment. The study calls for concrete measures to address these issues, including hiring more female faculty, fostering equitable classroom dynamics, and implementing annual gender studies to monitor progress.

Address, Cardozo Women's Law Journal Most Influential Woman In The Law Award, Mary Jo White

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the progress and challenges faced by women in the legal profession, emphasizing the importance of equal opportunity and the need to redefine success beyond traditional metrics. While significant strides have been made since the late 19th century, when women first gained access to the legal profession, disparities persist in representation and recognition at the highest levels. The author, drawing on her experiences as the first woman to serve as U.S. Attorney for the Southern District of New York, argues that women must continue to advocate for greater representation and challenge societal norms while preserving their unique …

Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

Articles

No abstract provided.