Legal Education Commons^™

A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie Failinger

Faculty Scholarship

This author argues that poverty advocates who are willing to carefully attend to their law school’s mission and vision, and to give careful thought to how poverty law may play an important role in achieving that vision, may win a more lasting place for poverty law in the curriculum than it has heretofore managed to achieve in most law schools. This article will argue that poverty law can be a key piece in the curriculum of law schools who define their mission, at least in part, as educating lawyers according to one of five paradigms: 1) lawyers as public citizens …

What I Did Last Summer: A Few Thoughts On Getting Tenure, Christopher Sagers

Law Faculty Articles and Essays

Professor Sagers shares his humorous reflections on obtaining tenure, noting that even if tenure is not really all that funny, and even if it courts some controversy, it turns out that it is nevertheless really interesting.

The Relationship Between Law School And The Bar Exam: A Look At Assessment And Student Success, Lorenzo A. Trujillo

University of Colorado Law Review

Law schools have a moral and ethical obligation to society-and, to an even greater degree, to their students-to adequately prepare the students to succeed as professionals. Ultimate success for law students is measured by the ability to competently practice in the legal profession, which requires passing the bar exam. A recent downward trend in national bar passage rates highlights the need for law schools to address the factors negatively affecting bar passage rates. Based on research conducted at the University of Colorado School of Law, this article discusses methods to reform new attorney licensure and also highlights strategies to improve …

Urban Law School Graduates In Large Law Firms, David Wilkins, Ronit Dinovitzer, Rishi Batra

Faculty Articles

Two major trends have dominated the American legal profession in recent years. First, "the legal profession has seen a striking growth in the largest firms during the latter part of the last century." In 1960, Shearman Sterling & Wright (now called Shearman & Sterling) was the largest firm in the country - and therefore the world. It had 125 lawyers. By the close of the century, there were more than 250 firms larger than Shearman & Sterling had been forty years before, with the largest ten topping the scales at 1000 lawyers or more. Today, in order to make the …

The Other Side Of The Picket Line: Contract, Democracy, And Power In A Law School Classroom, Michael Fischl

Faculty Articles and Papers

his essay - from a forthcoming symposium on teaching from the left in the NYU Review of Law & Social Change - offers an account of the successful union organizing campaign among custodial and landscaping workers at the University of Miami during the 2005-06 academic year, focusing in particular on the role played by faculty during the course of the campaign. It examines a fractious debate generated by faculty who held classes off campus in order to support the striking workers and the author's own decision to put the question of whether to honor the picket line to a vote …

John Hanson, Lauren Robel, And Maulvi Wahab (Photograph)

Lauren Robel (2002 Acting; 2003-2011)

Maulvi Wahab, Ameer or leader of the Ahmadiyya Muslim community of Ghana, visited IUB in late June as one of several distinguished international visitors invited to attend the Indiana Democracy Consortium's congress Democracy and the Modern World: Prospects and Challenges organized by Bennett Bertenthal, dean of the College of Arts and Sciences; Astrid Merget, then dean of the School of Public and Environmental Affairs; and Lauren Robel, dean of the School of Law-Bloomington. The congress was convened by Jeff Isaac, chair of political science. The Ameer, who has served on the presidentially appointed Ghanaian National Recon ciliation Commission, visited his …

Vol. 5, No. 01 (January/February 2007)

Indiana Law Update

No abstract provided.

2006/07, Indiana University School Of Law

Dean's Reports

No abstract provided.

Scholarship Advice For New Law Professors In The Electronic Age, Nancy Levit

Faculty Works

The article suggests that the legal academy is in a time of transition between promotion and tenure rules based on traditional methods of publication and contemporary electronic and interdisciplinary possibilities for publication. While a number of articles contain recommendations for newer law professors about the process of scholarship, most of those articles are between five and twenty years old and do not address publishing in the age of blogs, expedited reviews, electronic submissions, and open-access databases.

The substance and length of what law professors write, the formats in which they do so, and the fora in which they publish are …

Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson

Articles

No abstract provided.

Reflections On Leadership, Robert H. Jerry Ii

UF Law Faculty Publications

This essay discusses aspects and theories of leadership, focusing on the servant-leadership theory and the writings of Robert Greenleaf, among others. The author concludes that servant-leadership theory is particularly well-suited to academic leadership, which generally has a close nexus with public service.

Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman

Fordham Urban Law Journal

This Essay argues that law schools should adopt a program for training more legal generalists, especially in the field of poverty law. Furthermore, poverty law clinics should be the vehicle used to train these generalists.

Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman

Articles

No abstract provided.

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes

Articles, Book Chapters, & Popular Press

In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes

Articles, Book Chapters, & Popular Press

In response to anecdotal concerns that student enrollment in outsider courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of outsider that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …

Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez

Fordham Urban Law Journal

This Essay argues that in a legal community development clinic, professors should "do more than teach students to be good transactional lawyers." Legal clinic professors should "focus their efforts on the elimination and reduction of poverty."

Musical Chairs And Tall Buildings: Teaching Poverty Law In The 21st Century, Amy L. Wax

Fordham Urban Law Journal

This Essay examines the evolution, demise and focus of welfare law courses in law school. It examines the content of these courses in an attempt to understand why these courses are not as popular as they once had been. Finally, it looks at the goals of welfare policy and what welfare law courses should teach.

The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis

Fordham Urban Law Journal

This Essay seeks to answer the question "'What is Poverty Law'?" It does this in two parts. First, it examines the surge in property law courses in the 1960's and 70's and "the purpose these early courses were intended to serve." In the second section the Essay asks and the author asks "what the history suggests about poverty law in the law school curriculum today and in the future."

Externship Demographics Redux, J.P. "Sandy" Ogilvy, Robert Seibel

Scholarly Articles

Professors Ogilvy (Catholic University) and Seibel (California Western) report on the results of a national survey of externship programs at American Law Schools and compare many of the data points to previous surveys of externship programs to chart the growth of legal externships in 1) number of schools with externship programs as part of their curriculum, 2) number of discrete courses within programs, and 3) the increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include the average number of credits allowed for participation in externships, the average number of hours of fieldwork …

Teaching Economic Torts, Jay Feinman

Kentucky Law Journal

No abstract provided.

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 …

The Bologna Process And Its Implications For U.S. Legal Education, Laurel S. Terry

Faculty Scholarly Works

Virtually all European countries are in the midst of a massive multi-year project intended to dramatically restructure higher education in Europe. This project, which is known as the Bologna Process or Sorbonne-Bologna, began less than ten years ago when four European Union (EU) countries signed a relatively vague agreement. The Bologna Process has now grown to forty-six countries, including all of the EU Member States and nineteen non-EU countries. The Bologna Process participants have agreed to form the European Higher Education Area or EHEA by 2010; among other goals, the EHEA is intended to help Europe better compete in the …

Remarks At The Dedication Of The Wolf Law Building At The University Of Colorado School Of Law, September 8, 2006, Hon. Stephen G. Breyer

University of Colorado Law Review

No abstract provided.

The Emerging Importance Of Law Review Rankings For Law School Rankings, 2003-200 7, Alfred L. Brophy

University of Colorado Law Review

The release of the 2007 U.S. News rankings of law schools has set off another round of speculation on the meanings of the rankings and what, ifanything, schools can do to improve the quality of the education they provide, as well as their rankings. Drawing upon earlier evidence that there is a close connection between the citation rankings of law reviews and the ranking of their law schools, this paper looks to changes in both the U.S. News rankings and law journal rankings over the past few years. This paper tests and finds some support for a hypothesis that as …

Maccrate (In)Action: The Case For Enhancing The Upper-Level Writing Requirement In Law Schools, Kenneth D. Chestek

University of Colorado Law Review

Many commentators have described, and lamented, the gap between the legal academy and the practice of law. This article takes a more hopeful approach. The American Bar Association, the accrediting body for law schools, appears to have been nudging law schools toward offering, and even requiring, more and more practical legal education to teach law students how to perform the tasks they will need in order to practice in a competent manner. The article examines the 2001 amendment to the ABA Standards for Accreditation, which required, for the first time, an "additional rigorous writing experience after the first year, " …

In Restraint Of Trade: The Judicial Law Clerk Hiring Plan, Mark W. Pletcher, Ludovic C. Ghesquiere

University of Colorado Law Review

In an effort to bring order to what has historically been a chaotic process, federal judges and law schools implemented the Judicial Law Clerk Hiring Plan in 2002, prohibiting all students except those in their third year of law school from applying for federal clerkships. However, there is a serious problem with the Law Clerk Hiring Plan: it is an unreasonable restraint of trade. In this article, we explore the history of the Law Clerk Hiring Plan and analyze whether it would survive traditional antitrust scrutiny. We conclude that the Plan is an unreasonable restraint of trade. Further, based upon …

Functional Neuroimaging Information: A Case For Neuro Exceptionalism?, Stacey A. Tovino

Scholarly Works

The field of neuroethics has been described as an amalgamation of two branches of inquiry: “the neuroscience of ethics” and “the ethics of neuroscience.” The neuroscience of ethics may be described as “a scientific approach to understanding ethical behavior.” The law and ethics of neuroscience is concerned with the legal and ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. This Article is a contribution to the law and ethics of neuroscience.

No longer new or emerging, the burgeoning …

Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino

Scholarly Works

Now in its second decade, functional magnetic resonance imaging (fMRI) localizes changes in blood oxygenation that occur in the brain when an individual performs a mental task. Physicians and scientists use fMRI not only to map sensory, motor, and cognitive functions, but also to study the neural correlates of a range of sensitive and potentially stigmatizing conditions, behaviors, and characteristics. Poised to move outside the traditional clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being explored within a burgeoning neuroethics literature. In this Article, I place these issues in their proper historical …

Using Global Law To Teach Domestic Advocacy, John B. Mitchell

Faculty Articles

There is currently a movement to integrate so-called global law into the law school curriculum. This essay, Using Global Law to Teach Domestic Advocacy, briefly explores this movement and its underlying rationales, and then focuses on using foreign procedural law in a traditional American trial advocacy course, principally to improve the students' domestic advocacy skills. Believing that such concepts are best understood in the concrete, Professor MitchellI has created a set of imaginary exercises to a trial advocacy class in which the instructor swaps various features of the Scotch Criminal Justice system (no opening statement, nor voir dire, three verdicts) …