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Articles 1 - 30 of 134
Full-Text Articles in Legal Education
Hbcus And Disparate Law School Rankings, Michael Conklin
Hbcus And Disparate Law School Rankings, Michael Conklin
Cleveland State Law Review
This Article measures the difference between perceptions of HBCU (Historically Black Colleges and Universities) law schools and their objective performance. This is conducted by comparing the disparities between each law school’s U.S. News & World Report subjective peer ranking and objective overall ranking. This novel methodology provides valuable insight into the role race plays in legal education and the practice of law. This comes at a critical juncture where issues such as the Supreme Court’s banning of race-conscious admissions, new findings regarding law school mismatch, the racially motivated rankings boycott, and the Trump administration’s aggressive targeting of colleges are all …
It Takes A Village: Why Developing Community And Implementing Collaborative Teaching Methods In The Legal Classroom Fosters True Inclusivity, Activates Active Learning, And Promotes The Attainment Of True Knowledge-Creating Students Who Are Better Prepared For The Practice Of Law, Erica L. Kravchenko
Cleveland State Law Review
Legal education has long relied on traditional teaching methods, such as the Socratic, case-dialogue and lecture methods, which prioritize individualism and competition over collaboration. While these methods have historically shaped legal pedagogy, they no longer adequately prepare students for the evolving demands of legal practice. This Article examines the impact of traditional teaching methods on the changing demographic of law students and offers collaborative learning as a potential solution. Specifically, this Article argues that incorporating collaborative learning and fostering a sense of community in legal education are essential for developing well-rounded, practice-ready attorneys. Through an analysis of the legal education’s …
Multidisciplinarity And Interdisciplinarity In Law, Yael Efron, Yossi Korazim-Kőrösy, Mohammed S. Wattad
Multidisciplinarity And Interdisciplinarity In Law, Yael Efron, Yossi Korazim-Kőrösy, Mohammed S. Wattad
Cleveland State Law Review
This article aims to dismantle walls and barriers, tracking the contemporary trends in law that acknowledge the significant value of interdisciplinary cooperation. We strive to explore how collaborative contemplation on a legal issue, incorporating two or more academic and practical viewpoints, can enhance interactions across multiple disciplines, improve comprehension of intricate problems, and guide interventions. Ultimately, such collaborations can yield an innovative and synergistic knowledge base, fostering the development of new theories capable of explaining complex human phenomena from varied perspectives. These diverse vantage points are expected to generate superior and more fitting outcomes than those achievable by the field …
Alexander Hamilton And Administrative Law: How America's First Great Public Administrator Informs And Challenges Our Understanding Of Contemporary Administrative Law, Rodger D. Citron
Cleveland State Law Review
Alexander Hamilton’s recognition and reputation have soared since the premiere of "Hamilton," Lin-Manuel Miranda’s musical about him in 2015. For lawyers, Hamilton’s work on the Federalist Papers and service as the nation’s first Treasury Secretary likely stand out more than other aspects of his extraordinary life. Politics and economics were fundamental concerns addressed by the Framers in a number of ways, including what we now refer to as administrative law—the laws and procedures that guide government departments (or, as we say today, agencies). Indeed, "Hamilton" reminds us that questions of administration and administrative law have been with us since the …
Beyond Response: Reimagining The Legal Academy's Role In Disaster Recovery And Preparedness, Latisha Nixon-Jones
Beyond Response: Reimagining The Legal Academy's Role In Disaster Recovery And Preparedness, Latisha Nixon-Jones
Cleveland State Law Review
This Article proposes expanding the legal academy’s role in responding to disasters and emergencies, specifically through creating disaster clinics that take a community-based lawyering approach. The Article is one of the first to identify the need for community-based disaster legal clinical education that goes beyond the immediate response phase. It also proposes creating a disaster legal pipeline from the clinic through post-graduation employment. The Article furthers the literature’s discussion of the need for sustained disaster legal education. As the global pandemic caused by COVID-19 coronavirus continues to impact vulnerable populations and the frequency of natural disasters continues to increase, this …
The Role Of Law In U.S. History Textbooks, Russ Versteeg
The Role Of Law In U.S. History Textbooks, Russ Versteeg
Cleveland State Law Review
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Cleveland State Law Review
2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and outdated reality, the legal academy has been reluctant to alter the traditional method of teaching. Tangible, empirical evidence obtained from data-driven cognitive learning science research demonstrates that active learning not only improves learning outcomes for all students, but also mitigates the structural effects of racism in the classroom thereby increasing racial …
From Governance To The Classroom: Rethinking Large-Scale School Reform To Improve Educational Opportunity And Equity, Benjamin M. Superfine Phd, Mark Paige Phd
From Governance To The Classroom: Rethinking Large-Scale School Reform To Improve Educational Opportunity And Equity, Benjamin M. Superfine Phd, Mark Paige Phd
Cleveland State Law Review
For decades, governmental institutions have focused on improving and equalizing the educational opportunities for students. Courts, legislatures, and chief executive officers at federal and state levels have spearheaded a range of large-scale educational reform efforts, including desegregation, school finance reform, educational improvement for students with disabilities, charter schools, and standards-based accountability systems. However, many assessments of these efforts reflect limited or mixed success. This Article takes a bird’s-eye view examination of not simply why a single type of educational reform has failed to reach its goals in a particular area, but instead at why such efforts have failed to reach …
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Cleveland State Law Review
This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Cleveland State Law Review
Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …
"The Millennials Are Coming!" : Improving Self-Efficacy In Law Students Through Universal Design In Learning, Jason S. Palmer
"The Millennials Are Coming!" : Improving Self-Efficacy In Law Students Through Universal Design In Learning, Jason S. Palmer
Cleveland State Law Review
The Millennial generation has arrived in law school. This new generation of self-confident and extremely high achieving learners merits a new interdisciplinary approach to legal education. Some institutions have explored formative assessments and regulated self-learning to improve academic success. Other universities have looked to universal design, specifically universal design in learning or universal design in instruction, as a mechanism for furthering educational goals for their students. All agree that a lack of self-efficacy can prevent Millennial students from overcoming challenges in their educational growth, and that high self efficacy, the ability to put forth effort and persistence to successfully accomplish …
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.
Cleveland State Law Review
This Article will examine whether the expansion of required LRW courses into the realm of transactional drafting is justifiable. Part II will assess the need for required transactional drafting instruction by showing, empirically, that many students lack a disposition towards litigation or have an affirmative inclination towards non-litigation work. This Part includes both a quantitative and qualitative analysis of the issue: It includes a survey of nearly one-thousand first-year law students nationwide and a set of questions and responses from a number of law students who self-identified as future transactional lawyers but who were members of traditional litigation-centric LRW courses. …
Too Long Neglected: Expanding Curricular Support For Public Interest Lawyering, Louis S. Rulli
Too Long Neglected: Expanding Curricular Support For Public Interest Lawyering, Louis S. Rulli
Cleveland State Law Review
In short, as the academy sends more students than ever to corporate law firms, law schools need to do more to cultivate, nourish, and prepare the next generation of public interest lawyers. By making public interest lawyering more prominent in the curriculum, and offering students greater opportunity to work with faculty and students of similar interest on public interest issues, the academy can take an important step forward toward helping students overcome feelings of isolation and survive the formidable obstacles that discourage public interest careers. This article describes one such course, Lawyering in the Public Interest, which is offered as …
Ariadne's Thread: Leading Students Into And Out Of The Labyrinth Of The Rule Against Perpetuities , Maureen E. Markey
Ariadne's Thread: Leading Students Into And Out Of The Labyrinth Of The Rule Against Perpetuities , Maureen E. Markey
Cleveland State Law Review
This Article focuses partly on my own approach to teaching the Rule Against Perpetuities, but it addresses the approaches of others based on the survey responses. Although I have developed a method that works fairly well for my classes, I am always open to suggestions from others for modifying and improving that approach. Of course, a single method, no matter how good it appears to be, will not work for everyone. Therefore, I have incorporated a number of approaches into this Article so that those wanting to develop or improve their teaching of the Rule can pick and choose among …
Situating Thinking Like A Lawyer Within Legal Pedagogy , David T. Butleritchie
Situating Thinking Like A Lawyer Within Legal Pedagogy , David T. Butleritchie
Cleveland State Law Review
The phrase "thinking like a lawyer" maintains as much relevance to today's legal academy as it ever has. In the face of recent criticism that the ideas connected with the concept of "thinking like a lawyer," e.g., the case law method with its focus on the adversarial litigation process, the fact is that legal educators must still teach their students to "think like lawyers." Critics have complained that the narrow focus of this traditional concept unduly restricts the ability of law students to develop refined analytical and practical skills which go beyond the adversarial context. In one sense these critics …
Development Of A Criminal Law Clinic: A Blended Approach, Norman Fell
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 …
Homelessness And The Use Of Reality To Enrich The Experience Of Law School, Frank Trinity
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 …
Pursuing Justice In An Unjust World: Arjuna In America, Marc Galanter
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] …
Hidden Messages In The Required First-Year Law School Curriculum, Leslie Bender
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 …
The Justice Of Life And Death: Problems And Perspectives In Teaching Capital Punishment Law, Victor Streib
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 …
Problems With The Structure Of Casebooks And Instruction, John Makdisi
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 …
The Responsibility Of Lawyers To Challenge Injustice, Geoff Budlender
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. …
An Agenda For Social Justice Through Law, Norman Dorsen
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 …
Teaching About Justice And Social Contributions, Talbot D'Alemberte
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 …
Bad News, Good News: The Justice Mission Of U.S. Law Schools, Haywood Burns
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 …
Clinical Scholarship And The Justice Mission, Robert D. Dinerstein
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, …
The Justice Mission And Mental Health Law, Steven R. Smith
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 …
The Spirit Of Justice, Henry Ramsey Jr.
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 …
Law Schools, The Justice Mission, And Bob Mckay, John Sexton
Law Schools, The Justice Mission, And Bob Mckay, John Sexton
Cleveland State Law Review
The general points I make link to the justice mission of law schools. We must produce people prepared to practice at the very highest levels; and we must produce the kind of detached thinking that one associates with a great research institution. Most of us were educated in the system created by Langdell: the casebook method. It is startling that Langdell's method enjoys the pervasive dominance of legal education that it does. The notion of a static corpus juris which provided the foundation upon which Langdell built his model is impossible to maintain. Another general observation, the demographics of our …
Challenging Injustice: A Dedication To Bob Mckay, Norman Redlich
Challenging Injustice: A Dedication To Bob Mckay, Norman Redlich
Cleveland State Law Review
In viewing the agenda for this conference, Bob McKay, as a chronicler of justice, might sound some words of caution. First, I know he would point out that the starting point for achieving the justice mission of American law schools is with the law professor. Second, while I note that one workshop is devoted to the topic, "The Justice Mission of the Legal Profession," I fail to observe a session devoted to a topic that was of deep concern to Bob McKay, namely, the justice mission of the law professor within the legal profession. Third, it is not sufficient for …