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Articles 31 - 60 of 134
Full-Text Articles in Legal Education
The Distinction Between Lawyers As Advocates And As Activists; And The Role Of The Law School Dean In Facilitating The Justice Mission, James Douglas
The Distinction Between Lawyers As Advocates And As Activists; And The Role Of The Law School Dean In Facilitating The Justice Mission, James Douglas
Cleveland State Law Review
When David Barnhizer invited me to be involved in the Justice Mission conference I jumped at the opportunity; because justice is an issue that is extremely important to me, especially being a person of color in America. In presenting my ideas about the justice mission, I will be talking about two distinct concerns. One is the role of the law school dean in facilitating the justice mission in the law schools. The second is related but applies even more broadly since it draws upon the experiences of lawyers both in their roles as practitioners and as social activists. The point …
Building Bridges Between Theory And Practice, Scholarship And Activism, Elizabeth M. Schneider
Building Bridges Between Theory And Practice, Scholarship And Activism, Elizabeth M. Schneider
Cleveland State Law Review
The recent events of the last few weeks, the Senate Judiciary Committee hearings concerning Anita Hill's allegations of sexual harassment against Clarence Thomas, and Clarence Thomas' confirmation to the Supreme Court, have shaken the nation and I'm sure all of us in this room. These events underscore the urgency and challenge of the justice mission of legal education. In these remarks, I will briefly explore a critical dimension of this mission, the building of bridges between theory and practice, scholarship and activism, in American legal education. Our presence here signifies our commitment to the idea that law schools have a …
Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard
Advocacy Strategies In Social Welfare Policy: Homelessness, Barbara Sard
Cleveland State Law Review
I currently direct the homelessness unit at Greater Boston Legal Services after having been a welfare lawyer for fifteen years. When I first started teaching at Harvard about six years ago, I taught a course on Welfare Law. There is a value in teaching homelessness law as a discrete topic rather than lumping it under the traditional topics of welfare law or housing law. Initially, when I started teaching at Harvard, my goal was to impress the students with the fact that a poverty law subject like Welfare Law was as complicated doctrinally as anything else that they might learn. …
Teaching Morality, Robert A. Solomon
Teaching Morality, Robert A. Solomon
Cleveland State Law Review
Students come to law school filled with passion, with morality, with a sense of justice, and we, the law school itself, spends three years doing our best to crush them under the weight of the rule of law instead of helping them to integrate their ideas and values with the law. To the extent students are looking at clinics, they are not only looking at them as a means of touching reality. They are looking at clinics as a furlough from prison. In this conference we are talking about our goal as being that of trying to teach justice. I …
Teaching About Justice Through Creative Strategies, Anthony G. Amsterdam
Teaching About Justice Through Creative Strategies, Anthony G. Amsterdam
Cleveland State Law Review
When discussing justice, it helps us to look at our legal institutions from outside the narrow, closed circle in which most of us operate most of the time or believe we operate. Part of the problem is that all of our legal institutions and much of our rationality are the products of an evolution that is only several thousand years old. But we have a set of instincts and a neurological system that have evolved over more than a million and a half years. Human beings became human and they still live in the shadow of the cave. Our instinct …
Nurturing The Impulse For Justice, Lynne Henderson
Nurturing The Impulse For Justice, Lynne Henderson
Cleveland State Law Review
By dwelling on doctrine and appellate case analysis we too often lose sight of the underlying assumptions behind the law and the social consequences of the law. By doing so we fail to give students even a glimmer of understanding as to what they need to know to fight injustice effectively. We spend much classroom time rationalizing the real and evading difficult questions of social justice. We do almost nothing to help our students develop any sense of justice or injustice or ways of identifying how the law produces justice and injustice. Let me work through an example of how …
Law Schools Should Be About Justice Too, Henry Rose
Law Schools Should Be About Justice Too, Henry Rose
Cleveland State Law Review
Millions of low and middle-income Americans face legal problems every day. Most cannot afford an attorney. What is remarkable about these legal problems is that they are ignored by legal educators. American law schools, the training ground for our lawyers, do not focus on the civil legal problems of low and middle income persons. American law students are taught to focus on the legal problems of persons or entities able to pay for legal services. Not only are the common legal problems of Americans not studied in our law schools, the maldistribution of legal services in the society is barely …
On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver
On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver
Cleveland State Law Review
The Justice Mission Conference had a special resonance for me. The Conference was an affirmation of the values that have led me to Touro, as well as a springboard for changes in my own teaching. The Conference nurtured inclinations and aspirations to furthering social justice through our teaching, our scholarship, and the way we relate to our students, to each other and to the world at large. The papers in this symposium memorialize the Conference's richness of insight and experience. The purpose of this essay is to reflect on the immediate and potential ongoing impact the Conference had on me …
The Justice Mission Of The Law Schools, Linda Greene
The Justice Mission Of The Law Schools, Linda Greene
Cleveland State Law Review
A Conference on the Justice Mission of the Law Schools is timely, and Martin Luther King, Jr.'s words about being “a drum major for justice” offer to us a vision of that mission. They demand that we reexamine the role of the law school to determine whether we have taken into account the question of justice while ordering our institutional priorities. The title of this conference implicitly asks whether we can continue to reproduce legal culture without evaluating the impact of that culture on both the powerful as well as the powerless. Legal educational institutions cannot right all historical wrongs …
The Justice Mission Of American Law Schools, David Barnhizer
The Justice Mission Of American Law Schools, David Barnhizer
Cleveland State Law Review
Justice has been seen by many scholars as a premise about which much can be said but virtually nothing either proved or disproved through the application of the methodologies that provide the grounding for science. While justice is undeniably representative of a slippery and evasive set of concepts, it paradoxically reflects the fundamental values of Western society without which we cannot hold together the thin tissue of political organization that we call the "Rule of Law." As is described in the latter part of this article, justice is in fact a simple meta-principle, one about which we need not be …
Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed
Incorporating Into A Seminar Or Clinical Course The Representation Of An Indigent Death Row Inmate Seeking Certiorari In The United States Supreme Court, Margery Malkin Koosed
Cleveland State Law Review
It appeared at the Justice Mission Conference that there was general consensus on several matters. First, there seemed to be considerable support for "bringing more doses of reality into the classroom." Second, many faculty wished to encourage a greater sense of professional service among their students. Third, a good number of criminal justice section members observed that capital case decisions of the United States Supreme Court were fine vehicles for class discussion of essential issues. In keeping with these views, I have concluded that I will once again include in my upcoming seminar course an opportunity for students to assist …
Research And The Justice Mission Of Law Schools, Mark Tushnet
Research And The Justice Mission Of Law Schools, Mark Tushnet
Cleveland State Law Review
There are some obvious things to say about research and the justice mission of law schools, and many other contributors to this discussion have said them. For example, jurisprudence lies at the core of the classical legal curriculum, and-at least in the contemporary law school-definitions of justice are part of the jurisprudence syllabus. Because the concept of justice is not self-defining, conceptual inquiry into the meaning of justice, a traditional mode of legal research, is recurrently needed. In this way, research is tightly linked to the justice mission of law schools. In this piece, I move from global concerns--jurisprudence in …
Finding Yourself In Law School, Joel Jay Finer
Finding Yourself In Law School, Joel Jay Finer
Cleveland State Law Review
Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on. …
The Revolution In American Law Schools, David Barnhizer
The Revolution In American Law Schools, David Barnhizer
Cleveland State Law Review
The majority of this Article has considered some of the changes that have come about in the focus of legal scholarship. Of equal importance are the shifts in curriculum and content that the schools have experienced. In some ways the shifts mirror changes in academic focus but curricular change has by and large altered much of what is actually done in the law schools while seeming, on the surface, to remain largely the same. The curriculum of the Cleveland State University College of Law provides an example of how law schools have responded innovatively to an expanded sense of professional …
How To Do A Perpetuities Problem, John Makdisi
How To Do A Perpetuities Problem, John Makdisi
Cleveland State Law Review
The most difficult aspect of the rule against perpetuities is figuring out a sure-fire way to determine whether an interest created in a conveyance is valid or invalid. The meaning of the rule itself is not hard to fathom. Whenever the interest might vest too remotely it is invalid, and it becomes possible to vest remotely if there is a chance that it could vest more than twenty-one years after everyone alive at the time of the conveyance has died. Whether the interest violates the rule against perpetuities is determined at the moment the conveyance creating the interest becomes effective. …
The Dauer-Brown Letters: Towards A Comprehensive Legal Education, Edward A. Dauer, Louis M. Brown
The Dauer-Brown Letters: Towards A Comprehensive Legal Education, Edward A. Dauer, Louis M. Brown
Cleveland State Law Review
Edward A. Dauer is President of the National Center for Preventive Law at the University of Denver. Louis M. Brown developed and advocates preventive law jurisprudence. In this dialogue, drawn from an exchange of correspondence between them, Dauer and Brown focus their insights on how best to gear law school curricula to train lawyers to handle the complexities of a "real life" practice.
Coping With Change: The Lawyer's Role, Wilton S. Sogg
Coping With Change: The Lawyer's Role, Wilton S. Sogg
Cleveland State Law Review
The following articles are the result of an experimental course entitled "Current Problems of Small Business" offered at Cleveland-Marshall College of Law. Primarily for third-year students, the course was designed to provide a practical learning experience in seminar format. The course focused on business issues, but also taught lawyering skills such as interviewing, counseling, negotiating and drafting. Thus, the students were provided a pragmatic learning experience that can be applied to legal practice.
Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton
Professional Education In Medicine And Law: Structural Differences, Common Failings, Possible Opportunities, Roger C. Cramton
Cleveland State Law Review
Medicine and law emerged in the early decades of the twentieth century as strong, highly organized professions with high status, increasing rewards, and growing autonomy. Professional claims of esoteric knowledge, collegial solidarity, and disinterestedness were accepted by members of the profession and the general public. Professional schools in both disciplines forged university connections and achieved dominant positions in the preparation of new professionals. Patterns of medical and legal education established during this formative period, extending roughly from 1890 to 1920, have been highly persistent. Despite these similarities, educators in the two professions have proceeded in isolation from one another. There …
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Cleveland State Law Review
Conceptions of intellect long basic to Western academic thought increasingly are being called into question. These conceptions, which equate intellect with finding and applying the "laws" that govern phenomena, have been seen to divorce us from realities of choice and self-creation that underlie the human experience. The first half of the Article develops these themes, suggesting the philosophical and practical importance of alternative, more expansive conceptions of intellect. The second half then illustrates these points, using legal education as a case study.
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Intellect Beyond Law: The Case Of Legal Education, Peter W. Gross
Cleveland State Law Review
Conceptions of intellect long basic to Western academic thought increasingly are being called into question. These conceptions, which equate intellect with finding and applying the "laws" that govern phenomena, have been seen to divorce us from realities of choice and self-creation that underlie the human experience. The first half of the Article develops these themes, suggesting the philosophical and practical importance of alternative, more expansive conceptions of intellect. The second half then illustrates these points, using legal education as a case study.
Professor Sidney B. Jacoby, Oscar H. Davis
Professor Sidney B. Jacoby, Oscar H. Davis
Cleveland State Law Review
No abstract provided.
Professor Sidney B. Jacoby, Daniel M. Friedman
Professor Sidney B. Jacoby, Daniel M. Friedman
Cleveland State Law Review
No abstract provided.
Professor Sidney B. Jacoby, David B. Goshien
Professor Sidney B. Jacoby, David B. Goshien
Cleveland State Law Review
No abstract provided.
Professor Kevin Sheard, J. Patrick Browne
Professor Kevin Sheard, J. Patrick Browne
Cleveland State Law Review
No abstract provided.
Professor Kevin Sheard, Robert L. Bogomolny
Professor Kevin Sheard, Robert L. Bogomolny
Cleveland State Law Review
No abstract provided.
In Memoriam: Wilson Gesner Stapleton 1901-1979, Frank D. Celebrezze
In Memoriam: Wilson Gesner Stapleton 1901-1979, Frank D. Celebrezze
Cleveland State Law Review
No abstract provided.
In Memoriam: Wilson Gesner Stapleton 1901-1979, Walter C. Kelley
In Memoriam: Wilson Gesner Stapleton 1901-1979, Walter C. Kelley
Cleveland State Law Review
No abstract provided.
In Memoriam: Wilson Gesner Stapleton 1901-1979, Owen C. Neff
In Memoriam: Wilson Gesner Stapleton 1901-1979, Owen C. Neff
Cleveland State Law Review
No abstract provided.
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Cleveland State Law Review
In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish
Cleveland State Law Review
In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.