Legal Education Commons^™

Teach Your Students Well: Valuing Clients In The Law School Clinic., Ann Juergens

Faculty Scholarship

Law schools, teaching primarily by the casebook method, generally avoid the thorny issues that real clients pose.' Recently, however, law review articles and the ""regular classroom"" have referred more frequently to real client stories. Law school clinics are a primary source of client stories. Despite increased attention to clinical programs, client interests are frequently subordinated to the goals of students, clinical law teachers and law schools. This article urges clinicians to constantly evaluate whether and how well they and their students take their clients' interests and perspectives on clinical education into account. It argues that clinic teachers must learn to …

Perspectives On A Torts Course, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Mind In The Major American Law School, Lee C. Bollinger

Faculty Scholarship

Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal …

Structuring Complexity, Disciplining Reality: The Challenge Of Teaching Civil Procedure In A Time Of Change, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann

Faculty Scholarship

The impact of administrative law scholarship on administrative law seems at first blush both a relatively straightforward issue and one that academicians should be especially eager to engage. But there is reason to doubt both propositions. First, any effort to grapple with this topic compels the conclusion that the issue is by no means straightforward. As Peter Strauss recently observed, the question of the influence of administrative law scholarship necessarily becomes as well the influence of active engagement in the practice of administrative law on scholarship.' Moreover, the questions implicated in this assessment cannot be narrowly compassed. The topic requires …

Foreward: The Faces Of Academia, Ugo Mattei

Faculty Scholarship

No abstract provided.

Faculty Recruitment In Italy: Two Sides Of The Moon, Ugo Mattei

Faculty Scholarship

No abstract provided.

Mandatory Prelicensure Legal Internship: An Idea Whose Time Has Come Again, Stephen R. Alton

Faculty Scholarship

This Article explores the wisdom of imposing an internship requirement on aspiring lawyers as a prerequisite for licensure. It is my position that such a requirement can be beneficial to the new attorney, to the profession, and to the public and should thus be mandated for all those who seek admission to the practice of law. This Article begins by briefly examining the history in the United States of law-office, apprenticeship as a means of legal education. I then proceed to an examination of modern internship requirements in England and Canada. There follows a discussion of some of the more …

The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard C. Boldt, Marc Feldman

Faculty Scholarship

No abstract provided.

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Addressing Recidivism: Legal Education In Correctional Settings, Justin P. Brooks

Faculty Scholarship

No abstract provided.

Skills For Diversity: Description, Evaluation And Recommendations, Eric S. Janus

Faculty Scholarship

In May 1991, the William Mitchell College of Law Faculty voted to offer to all first year students the following fall a program to assist students "in learning how to work effectively with diverse others in professional situations." The faculty directed that the program be supervised by a member of the full time faculty, and that reaction to the program be evaluated by the Curriculum Committee. During the Summer 1991, the dean appointed me to supervise the program, and I asked Assistant Dean Joan Bibelhausen to assist me. The two of us worked closely with an informal group called the …

Keeping The Practice In Clinical Education And Scholarship, Richard A. Boswell

Faculty Scholarship

No abstract provided.

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.

Towards Parity In Bar Passage Rates And Law School Performance: Exploring The Sources Of Disparities Between Racial And Ethnic Groups, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.

The Trouble With Legal Ethics, William H. Simon

Faculty Scholarship

Legal ethics is a disappointing subject. From afar, it seems exciting; it promises to engage the central normative commitments that make lawyering a profession and that account for much of the nonpecuniary appeal of the lawyer's role. Thus, when people see public spirit among lawyers threatened by commercial self-seeking, they often prescribe increased attention to the teaching and -discussion of legal ethics as a remedy.

But close up, legal ethics usually turns out to be dull and dispiriting. At most law schools, students find the course in legal ethics or professional responsibility boring and insubstantial, and faculty dread having to …

Karl Krastin, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Gender Bias In The Classrom, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Two Life Stories: Reflections Of One Black Woman Law Professor, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

"Portrait Of A Lady": The Woman Lawyer In The 1980s, Stacy Caplow, Shira A. Scheindlin

Faculty Scholarship

No abstract provided.

Getting Dorothy Out Of Kansas: The Importance Of An Advanced Component To Legal Writing Programs, Barbara Cox, Mary Barnard Ray

Faculty Scholarship

This article explains why an advanced writing component is an integral part of the complete legal writing program, not merely a supplement. It argues that an advanced writing component is as essential to a complete writing program as are the remedial and basic components. The first section outlines the problems caused by the omission of an advanced writing component and explains how incorporating advanced legal writing into existing programs helps all law students, not just those taking the course. The second section describes the advanced legal writing course at the University of Wisconsin Law School6 and explains how the structure …

Clinics And "Contextual Integration": Helping Law Students Put The Pieces Back Together Again, Eric S. Janus

Faculty Scholarship

In legal education, as in all education aimed at practice, the relationship between theory and practice is an uneasy one. William Mitchell College of Law, one of the nation’s few free-standing law schools, has traditionally placed itself squarely on the practice side of the theory/practice axis. It has aimed to produce law graduates who could walk into a law office and begin practicing law—not lawyers who would spend additional years learning the profession at someone’s elbow. In recent years, William Mitchell has begun to embrace a more academic approach to legal education. This paper suggests that the College need not, …

Health Law At The Turn Of The Century: From White Dwarf To Red Giant, George J. Annas

Faculty Scholarship

The evolution of stars is inexorable. From the form in which we currently view our own Sun, it and similar stars eventually expand as their exteriors cool to become red giants. When a red giant runs out of fuel, its exposed core will collapse to form a degenerate white dwarf and, eventually, a dead black dwarf.¹ Health law, as a discipline worthy of our attention, seems to have an opposite trajectory: from black dwarf to white dwarf, it is now on its way to becoming a red giant. The relevance of health law and the reasons for its exponentially …

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

Faculty Scholarship

No abstract provided.

What Are Professional Skills And Why Should Law Schools Teach Them?, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Integration Of Professional Skills Into The Law School Curriculum: Where We've Been And Where We're Going, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Wanted: An Ethos Of Personal Responsibility—Why Codes Of Ethics And Schools Of Law Don't Make For Ethical Lawyers, Daniel S. Kleinberger

Faculty Scholarship

This article: (1) argues that neither codes of professional ethics nor traditional modes of law school teaching do much to produce ethical lawyers; (2) asserts that ethics codes and the presuppositions of the adversary system work to alienate lawyers from a sense of individual responsibility; (3) critiques the conceptual connection between the adversary system and codes of lawyer ethics; (4) critiques the conventional approach to teaching legal ethics in law schools; (5) invokes the approach to ethical analysis championed by the German sociologist and social theorist Max Weber; and (6) explains how that approach, coupled with traditional tools of legal …

Ethos And Conscience—A Rejoinder, Daniel S. Kleinberger

Faculty Scholarship

In “Wanted: An Ethos of Personal Responsibility,” Professor Kleinberger sought to prompt debate about the moral preconceptions of the legal profession. Professor Morawetz responded in his essay, “Layers and Conscience.” This article responds, commenting on Morawetz’s arguments that (1) excessive pessimism about lawyer morality is unfounded and counterproductive; (2) the public’s antipathy toward lawyers is inevitable given the role lawyers play in our society; (3) codes of ethics can and do have an uplifting influence on the morals of lawyers; and (4) law schools can and do train moral judgment.

Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow

Faculty Scholarship

No abstract provided.

Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley

Faculty Scholarship

The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.