Legal Education Commons^™

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight

Faculty Publications

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication that …

The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami

Faculty Publications

The very first time that I taught criminal law, I would occasionally tell my six-year-old son, Thomas, about selected cases and situations that I had come across. Thomas enjoyed these discussions—more than I would have guessed: he was captivated by the horror of Dudley & Stephens, he was uncomfortably intrigued by shaming punishments, he was appropriately outraged at all manner of outcomes that seemed to him too harsh or too lenient. But most of all, he wanted to test his own burgeoning intuitions about right and wrong, good and evil, the permitted and the forbidden, against my "criminal law stories." …

A Little More Mascara: Response To Making Up Is Hard To Do, Darren Rosenblum

Faculty Publications

(Excerpt)

Dear Adrienne and Bob:

First, thanks for including me in this written conversation. For those who don't know you both, I should say that your conversation is actually very queer. Bob, your resistance to saying you're straight means more when one can see how you present yourself. Few men in the U.S. come across as ambiguously as you do, so your refusal to claim straight privilege really means something. Adrienne, for someone who doesn't know you, your shopping-talk may seem more Kim Kardashian-consumerist than it is—I think it's more about your incessant fabulousness. Now, to connect who you are …

The Spirit Of The Legal Academy – For Three Years Or For Life?: Some Personal Observations, Robert T. Bockman

Faculty Publications

No abstract provided.

How To Critique & Grade Contract Drafting Assignments, Robin A. Boyle, Sue Payne, David Epstein

Faculty Publications

(Excerpt)

I have to give this disclaimer. I am high grader when it comes to contract drafting. So even though my presentation is on critiquing and grading, truthfully it’s more about critiquing for me. I will get into that in a minute. My name is Robin Boyle, and I teach at St. John’s University School of Law. First, my background. I was an evening student at Fordham and worked in law firms during the day in both litigation and corporate practices. By the time I graduated, I worked at a large law firm, which I had summered at and then …

The Case For Limiting The Use Of Technology To Teach, Patricia Grande Montana

Faculty Publications

(Excerpt)

There has been much discussion recently over how best to integrate technology into the classroom to meet the needs of our students, many of whom use computers, the Internet, and other technology to take notes, draft and revise assignments, and conduct research. Before exploring what technology to use to teach, we must first decide how to use technology in the classroom in a way that will benefit our students. Just because students rarely use pen and paper does not mean that they now learn differently. Thus, we might not need to dramatically change our teaching methods, especially when teaching …

Lessons From The Carnegie And Best Practices Reports: A Look At St. John's University School Of Law's Street Law Program As A Model For Teaching Professional Skills, Patricia Grande Montana

Faculty Publications

(Excerpt)

The attitude toward professional skills in legal education has improved significantly in recent years. Law schools now recognize that there is a need for greater attention to professional skills instruction. Many law schools are experimenting with teaching methods other than the traditional case style of teaching. In fact, one of the leading academic institutions in the United States, Harvard Law School, has already changed its curriculum to offer more skills-based courses to their students. Other law schools have also followed this trend.

In 2007, two very influential institutes published reports that favored this new approach to legal education. The …

A Noteworthy Absence, Nancy Leong

Faculty Publications

No abstract provided.

Balancing Law Student Privacy Interests And Progressive Pedagogy: Dispelling The Myth That Ferpa Prohibits Cutting-Edge Academic Support Methodologies, Louis N. Schulze Jr.

Faculty Publications

Controversy exists over whether the Family Education Records Privacy Act prohibits certain progressive law school academic support methodologies. This Article analyzes these claims, using the text of the statute, the related regulations, case law from the Supreme Court of the United States and other federal courts, and statements from the Department of Education. The thesis of this Article is that most academic support methods are perfectly lawful and that FERPA and progressive pedagogy can peaceably coexist.

Knowing Which Deanship Is The Right One, R. Lawrence Dessem

Faculty Publications

In this Article, I elaborate on this subject and suggest ways in which the dean candidate can avoid the poor fit that might lead to a deanship that is unsatisfactory, either for her as dean or for the law school that otherwise might hire her. In order to maximize the chance of a good fit between the dean candidate and law school, the candidate should (1) carefully plan her law school dean search; (2) conduct thorough discovery concerning schools of potential interest during the search process; (3) be candid and open during the interview process; and (4) take time to …

Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David Welkowitz, Tyler Ochoa

Faculty Publications

The purpose of this Article is to explain why we believe that rights of publicity should be taught as a stand-alone course, why we believe that a course in comparative rights of publicity is worthwhile as a stand-alone course, and to explain some of the challenges and opportunities that the course presents. Ultimately, we hope to encourage and persuade more of our colleagues at other schools to begin to offer rights of publicity as a separate course.

Teaching Cyberlaw, Eric Goldman

Faculty Publications

Over the past dozen years, Cyberlaw courses have become a staple of the law school curriculum. This Essay explores methodological and pedagogical issues raised by these courses.

The Essay considers the organization of a Cyberlaw curriculum in Part I, some challenges posed by Cyberlaw courses in Part II, some tools to teach Cyberlaw courses in Part III, evaluation methods in Part IV, and teaching materials in Part V.

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot

Faculty Publications

Latina and Latino student enrollment in U.S. law schools the last few decades has increased. This increase, however, has not resulted in a comparable increase in Latino and Latina law professors. To foster diversity in law school faculties and to increase Latina representation, the “Dirty Dozen List” was published. The List was comprised of the top twelve U.S. law schools located in high Latina populated areas but lacking a single Latina professor on the faculty. The List served to increase awareness of the lack of diversity at some of the nation’s top legal institutions, as well as “shame” these schools …

Personal Integration And Outsider Status As Factors In Law Student Well-Being, Susan Grover

Faculty Publications

No abstract provided.

Maybe Deaning Is Not For You, R. Lawrence Dessem

Faculty Publications

Several years ago, I wrote an article for the second of these Leadership in Legal Education Symposia entitled, “Top Ten Reasons to Be a Law School Dean.” In that article, I offered ten very good reasons why someone might consider becoming a law school dean. I still believe that these ten reasons, and more, should cause faculty and others to consider service as dean. I continue to find my own service as dean rewarding, challenging, and (most days!) fun. However, having been asked to talk recently about why one might not want to consider deaning has led me to write …

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande

Faculty Publications

This article provides an overview of a symposium sponsored by the University of Missouri Center for the Study of Dispute Resolution in 2007 that featured leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. The authors include David Hoffman, Nancy Welsh, Julie Macfarlane, Richard Shields, Pauline Tesler, Scott Peppet, Forrest ("Woody") Mosten, Jeanne Fahey, Kathy Bryan, Lawrence McLellan, and John Lande. The articles address issues including: teaching law students to "feel" like lawyers and not just "think" like them, using "conflict resolution advocacy" (which is not necessarily oriented to the courts), developing lawyers' …

Educating Law Students For Leadership And Responsibilities, Donald J. Polden

Faculty Publications

This essay articulates the case for educating law students for leadership roles and responsibilities they will assume throughout their careers. While leadership education is relatively commonplace in American business schools, it is not a familiar part of the law school curriculum at American law schools. This essay describes this new educational initiative and the fundamental reasons for this approach to preparing law students for the roles and responsibilities they will assume in their communities and in the legal profession.

In particular, this essay discusses the components and purposes of the program and defines what is meant by education for leadership …

Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry

Faculty Publications

(Excerpt)

Wood v. Lucy, Lady Duff-Gordon (the "Lucy Case") presents a rich teaching vehicle for the first year of contracts for multiple reasons. Another participant in this symposium has discussed the Lucy Case to laud its value in teaching fact analysis or issue spotting. Others have commented upon the case for its doctrinal utility in explaining the concepts of illusory contracts, exclusive dealing and best efforts. The historical background, the opinions of Benjamin Cardozo and the opportunity to introduce feminist jurisprudence and law and economics concepts into the first year course are also fertile ground for discussion. Knowing …

The Case For "Thinking Like A Filmaker": Using Lars Von Trier's Dogville As A Model For Writing A Statement Of Facts, Elyse Pepper

Faculty Publications

Part I of this Article introduces movies as a persuasive medium. Part II examines the value of movies as teaching tools in the law school context. Part III breaks down the movie Dogville and demonstrates how it might be used to create two Statements of Facts in a fictionalized criminal case. Part IV recaps the lessons learned from using a film as a model for fact writing.

Working (With) Workers: Implementing Theory, Miriam A. Cherry

Faculty Publications

(Excerpt)

The topic of this symposium issue sponsored by the Association of American Law Schools (AALS) is the role of the labor and employment law professor as a public intellectual. Despite the baggage accompanying the phrase "public intellectual," the symposium topic is an important one, for the term carries more meaning than a mere "talking head" or "media figure" can express. To make theoretical ideas more accessible to others, to connect theory and practice, to explain academic or scholarly ideas in a way that the public can understand—these ideas resonate with my philosophy of the law professor's role. In fact, …

Better Revision: Encouraging Student Writers To See Through The Eyes Of The Reader, Patricia Grande Montana

Faculty Publications

(Excerpt)

Revision is an integral part of the first-year legal writing curriculum. Students rewrite most of their writing assignments for a grade, and, in many cases, the rewrites are weighted more heavily than the first drafts. The purposes of a rewrite in legal writing, as with other writing, are to resolve any inconsistencies and fill in gaps, strengthen the analysis and reasoning, and present the information in the clearest way possible. Though legal writing professors devote substantial time to the rewrite phase of assignments, in my experience, law students traditionally treat an assignment as completed as soon as they turn …

Explaining The “Big Picture”: Why Students Should Know Why They Read Cases In Law School, Patricia G. Montana

Faculty Publications

(Excerpt)

We must remind our students that we ask them to read cases in law school to help them master the art of legal analysis. Though part of our goal also might be to teach them important substantive law, it is not our primary goal, nor should it be. In reality, when practicing attorneys are faced with real legal problems, they must research the applicable law in the relevant jurisdiction and as it relates to the specific circumstances of their case. If the problem involves a contracts claim, for example, an attorney will not open his or her law school …

The Blind Leading The Blind: What If They’Re Not All Visual Or Tactile Learners?, Robin A. Boyle, James B. Levy

Faculty Publications

(Excerpt)

As legal writing professors, we exalt analysis over intuition and are trained to follow the facts rather than engage in guess-work. We train our students to do the same. Yet when it comes to the pedagogy of legal analysis, we sometimes disregard our training by relying on observations and anecdotal evidence. Specifically, we may be assuming that the vast majority of our students are visual and/or tactile learners because they have grown up using computers, and we see students using computers all the time. Implicit in our assumption is that learning styles are determined by environmental factors alone or …

Exporting American Legal Education, James E. Moliterno

Faculty Publications

No abstract provided.

Post-Tenure Review As If It Mattered, Jayne W. Barnard

Faculty Publications

No abstract provided.

Transactional Law In The Required Legal Writing Curriculum: An Empirical Study Of The Forgotten Future Business Lawyer, Louis N. Schulze Jr.

Faculty Publications

Legal Writing courses traditionally focus on litigation writing. The course usually includes assignments on writing interoffice memoranda, drafting trial or appellate briefs, and conducting oral arguments - all in the context of a lawsuit. But, how does this exclusive focus on litigation treat students with no interest in that subject? For future transactional lawyers, the dominance of litigation writing might seem to ignore their needs. Should they be learning how to draft contracts, create corporate documents, or write commercial leasing agreements? This Article examines whether legal writing courses, either in the first year of law school or later, sufficiently address …

Reflections On Leadership, Robert H. Jerry Ii

Faculty Publications

When I first sought to become more familiar with the available academic literature on leadership a few years ago, I encountered servant-leadership theory and the writings of Robert Greenleaf. In those materials I found a much more developed articulation of this philosophy, and it is the essence of that philosophy of leadership that I embrace. Stated succinctly, leadership has its roots in service, and effective leadership is based on service to others. Effective leadership comes from the desire to put the well-being of others first-whether they are students, faculty, employees, customers, or community-and to give priority to the interests of …

A Tribute To Roger Groot, Frank O. Bowman Iii

Faculty Publications

A Tribute to Roger Groot

Teaching Race/Teaching Whiteness: Transforming Colorblindness To Color Insight, Margalynne J. Armstrong, Stephanie Wildman

Faculty Publications

This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be an essential component of legal education. This Article considers reasons why legal education rarely addresses this normative role played by whiteness. An incomplete understanding of the nature of white privilege and the modern move toward "colorblindness" conceal the raced nature of much law. To draw the harmful operation of colorblindness into relief, this Article proposes adopting "color insight, " which would …

Increasing Law Students' Effectiveness When Representing Traumatized Clients: A Case Study Of The Katherine & George Alexander Community Law Center, Lynette Parker

Faculty Publications

This article contributes to the discussion of representation of traumatized clients through a detailed case study of the Katharine & George Alexander Community Law Center (KGACLC). First, it will discuss the issues that arise when students represent traumatized clients. This section will focus on the goals for training effective representation, the importance of such training, and the issues of duty of care and professional responsibility. Second, it will review the mechanics of training and mentoring law students who work with traumatized clients. This section will include a brief introduction to KGACLC and outline KGACLC's case acceptance policy, its early attempts …