Open Access. Powered by Scholars. Published by Universities.®

Legal Education Commons™

Open Access. Powered by Scholars. Published by Universities.®

2015

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 491

Full-Text Articles in Legal Education

Last Writes? Re-Assesing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts Jul 2015

Last Writes? Re-Assesing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts

Akron Law Review

The full-text version of this article1 offers a comprehensive re-assessment of the law review from the perspective of the present age of cyberspace. Such a re-assessment is best begun with an investigation of the academic and technological conditions that initially joined to generate the genre. The standard story setting out the origin of the American law review runs as follows: in 1887, a group of enterprising Harvard law students, backed by visionary faculty and supportive Harvard alumni, commenced publication of a student-edited legal periodical (the Harvard Law Review) which soon became the model for many others. The story is factually …

Go to article

The History And Influence Of The Law Review Institution, Michael L. Closen, Robert J. Dzielak Jul 2015

The History And Influence Of The Law Review Institution, Michael L. Closen, Robert J. Dzielak

Akron Law Review

The "academic scholarship" to which Cardozo referred related principally to the articles appearing in law reviews of the law schools during that period in time. Almost immediately upon their establishment, the student-edited law reviews became a significant and lasting feature of legal education in the United States. Since the publication of the first student-edited law review in the 1870s, the law review institution has advanced to the stage where today, more than 400 such periodicals are published. Their history, though interesting in itself, provides many insights into the development of legal education generally.

Go to article

Law & Lawyering In The Work Place: Building Better Lawyers By Teaching Students To Exercise Critical Judgment As Creative Problem Solver, Alan M. Lerner Jul 2015

Law & Lawyering In The Work Place: Building Better Lawyers By Teaching Students To Exercise Critical Judgment As Creative Problem Solver, Alan M. Lerner

Akron Law Review

This article is about the evolution of that course from the earliest planning through its presentation. Hopefully, having the two of us involved in the day-to-day teaching of the course would send the message to our students that collaboration was a positive aspect of the learning and lawyering processes. Additionally, we hoped that the students would see that “academic” and “clinical” faculty are partners in their legal education.

Go to article

Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith Jul 2015

Disabilities, Law Schools, And Law Students: A Proactive And Holistic Approach, Kevin H. Smith

Akron Law Review

The understandable and laudable desire of law schools to comply with federal laws and regulations forbidding discrimination against, and requiring the provision of reasonable accommodations to, qualified disabled law students has diverted attention from the range of disabilities possessed by law students and the spectrum of issues raised by disabled students in law school. This article is intended to serve as a starting point and a means to stimulate the needed examination and discussion.

Go to article

The Zen Of Grading, Ruthann Robson Jul 2015

The Zen Of Grading, Ruthann Robson

Akron Law Review

As law professors, we spend a substantial amount of time engaged in the activity of reviewing exams, papers, and other “evaluative devices” with the purpose of assigning our students grades. Personally, I estimate that I have spent over four thousand hours (almost six months of days and nights, or a year of long summer days) hunched over student work during my teaching career. It can be difficult not to consider student exams as a mere obstacle, a chore of the most unpleasant type to endure, and the worst part of our otherwise usually rewarding work as professors. Grading law school …

Go to article

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder Jul 2015

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Pepperdine Law Review

This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer …

Go to article

The Modern University And Its Law School: Hierarchical, Bureaucratic Structures Replace Coarchical, Collegial Ones; Women Disappear From Tenure Track And Reemerge As Caregivers: Tenure Disappears Or Becomes Unrecognizable, Marina Angel Jul 2015

The Modern University And Its Law School: Hierarchical, Bureaucratic Structures Replace Coarchical, Collegial Ones; Women Disappear From Tenure Track And Reemerge As Caregivers: Tenure Disappears Or Becomes Unrecognizable, Marina Angel

Akron Law Review

Recent changes in the organizational structure of law schools and universities have not been positive from the perspective of all women and men of color, the last hired. Tenured positions are disappearing rapidly and the nature of those that remain is changing drastically. Organizational structures are becoming more hierarchical, with women at the bottom of the hierarchy.

Go to article

Tenure: Endangered Or Evolutionary Species, James J. Fishman Jul 2015

Tenure: Endangered Or Evolutionary Species, James J. Fishman

Akron Law Review

This article will review some of the challenges to the system of academic tenure: the efforts to reform, curtail, or eliminate it. It will discuss exogenous factors undermining the institution and then suggest some areas where tenure should evolve, particularly focusing upon academic tenure in legal education. The author argues that the hierarchical structure of traditionally tenured faculty and other faculty, clinicians, and legal writing professors, employed on short or long-term contracts, has undermined academic freedom and tenure.

Go to article

The Corporatization Of Academic Research: Whose Interests Are Served?, Risa L. Lieberwitz Jul 2015

The Corporatization Of Academic Research: Whose Interests Are Served?, Risa L. Lieberwitz

Akron Law Review

The following article is the text of a speech given at the Association of American Law Schools annual meeting in January 2005, which has been edited and footnoted for publication in the Akron Law Review.

Go to article

Forty-Two: The Hitchiker's Guide To Teaching Legal Research To The Google Generation, Ian Gallacher Jul 2015

Forty-Two: The Hitchiker's Guide To Teaching Legal Research To The Google Generation, Ian Gallacher

Akron Law Review

This article is a meditation on contemporary legal research and possible changes in the way the subject should be taught. Absent from this article is any mention of the importance of teaching students about the mechanical workings of the various tools lawyers use to conduct legal research. It seems so resoundingly obvious that law schools should be doing this that any discussion of the issue would appear contrived and sterile. The much more interesting, and more difficult, questions to answer are what else law students should learn, who should teach it to them, and why they should learn it. These …

Go to article

The Dubitante Opinion, Jason J. Czarnezki Jul 2015

The Dubitante Opinion, Jason J. Czarnezki

Akron Law Review

This short Essay endeavors to shed some light on the use of the term dubitante in judicial opinions and spark discussion as to the merits of the dubitante opinion—What is a dubitante opinion? When was the term first used, and how often is the term used? Who uses it and how? What are the consequences of its use?

Go to article

Festschrift For Michelle Simon, Harriet R. Feldman Jul 2015

Festschrift For Michelle Simon, Harriet R. Feldman

Pace Law Review

While Interim Provost, one of the outstanding ideas Michelle came to me with was to establish the Pace Community Law Practice. The practice would have a dual mission, to employ and continue to build the skills of a select group of graduates and to provide quality, affordable legal services to individuals in need. In view of the employment situation overall and specifically as it affected those new to the profession of law, I thought this was a great idea. I quickly gave my endorsement to move forward. This has become a respectable operation and one that has great merit for …

Go to article

Festschrift For Dean Simon, Leslie Garfield, Audrey Rogers Jul 2015

Festschrift For Dean Simon, Leslie Garfield, Audrey Rogers

Pace Law Review

We write together about our dear friend Michelle Simon because of her enormous contribution to our professional and personal lives. Working with someone who becomes more than a colleague, but a friend as well, is a special gift. Michelle not only paved our path, she became a trail blazer in legal education. The professional trajectory of Michelle Simon speaks volumes to her talent, tenacity, and consensus building skills.

Go to article

A Triumphant Day In Pace Law School’S History: Justice Sonia Sotomayor’S November 12, 2012 Visit To Our Campus, Emily Gold Waldman Jul 2015

A Triumphant Day In Pace Law School’S History: Justice Sonia Sotomayor’S November 12, 2012 Visit To Our Campus, Emily Gold Waldman

Pace Law Review

“Read through and then we can discuss. Don’t forward to anyone,” stated a March 2012 e-mail from Dean Emeritus Michelle Simon to me. The e-mail’s subject line was unremarkable – “FW: Your Pace Visit” – but its actual subject was anything but: Associate Supreme Court Justice Sonia Sotomayor had officially agreed to visit Pace Law School. It was time for intensive planning to begin. The fruition of that planning – Justice Sotomayor’s full-day visit to our campus on November 12, 2012, the first-ever visit of a Supreme Court Justice to Pace Law School – was a wonderful highlight of Michelle’s …

Go to article

A Dean For All Seasons, Steven H. Goldberg Jul 2015

A Dean For All Seasons, Steven H. Goldberg

Pace Law Review

The average tenure of a law school dean in the United States is three years, in large part because the task is both eclectic and difficult. Michelle Simon, the longest tenured Dean at our law school, was able to surpass that average because she was a dean for all seasons: Leadership and care of faculty; attention to student concerns; financial acumen; curricular relevance; keeping the day-to-day operation of a multi-faceted institution on track; maintaining a close but arms-length relationship with the university; and managing external relations on all fronts.

Go to article

Festschrift For Dean Simon, Jay C. Carlisle Jul 2015

Festschrift For Dean Simon, Jay C. Carlisle

Pace Law Review

Others in the Festschrift will list Dean Simon’s many decanal accomplishments and initiatives, and I join them in their praise. I understand and accept the principle that law school faculty should be primarily engaged in teaching and scholarship, but I will always remember Dean Simon’s commitment to encouraging and supporting faculty involvement in outreach activities that benefit legal reform, the bench and bar, and the citizens of our community and state. I hope her successors will continue her outreach work and wish my old friend and valued colleague Dean Michelle Simon many more years of professional success and personal happiness.

Go to article

Facing The Klieg Lights: Understanding The "Good Moral Character" Examiniaton For Bar Applicants, Aaron M. Clemens Jul 2015

Facing The Klieg Lights: Understanding The "Good Moral Character" Examiniaton For Bar Applicants, Aaron M. Clemens

Akron Law Review

This Article aims to help secure compliance with each bar’s standards by revealing the typical reasoning behind these rules, as well as how to comply with them. Part II of this Article describes the inception and evolution of the character requirement. Part III outlines the issues that the bar examines to discern character. Part IV proposes methods for applicants to deal with problems areas. Part V contains closing remarks. The best advice for any applicant with concern regarding admission is to contact an attorney familiar with the bar admission process in the targeted jurisdiction. Because “[c]haracter is much easier kept …

Go to article

Competing With Delaware: Recent Amendments To Ohio's Corporate Statutes, David Porter Jul 2015

Competing With Delaware: Recent Amendments To Ohio's Corporate Statutes, David Porter

Akron Law Review

House Bill 301 is evolutionary, not revolutionary, in its content, but its changes are nonetheless significant for Ohio corporations and their lawyers. To place these changes in context, this article summarizes corporate statutory developments since 1997 that highlight Ohio’s previous initiatives to keep up with Delaware, America’s dominant state of incorporation, and then discusses at greater length the recent amendments contained in House Bill 301, concluding with a look ahead at some additional changes that may occur as early as this year.

Go to article

Do Law Schools Mistreat Women Faculty? Or, Who's Afraid Of Virginia Woolf?, Dan Subotnik Jul 2015

Do Law Schools Mistreat Women Faculty? Or, Who's Afraid Of Virginia Woolf?, Dan Subotnik

Akron Law Review

How much fire, if any, is there to charges, first leveled more than fifteen years ago and continuing today, that a harsh law school culture oppresses women faculty? As Martha Chamallas, a well-known feminist law critic, writes,—and perhaps professes in class as well—“[f]or both new and senior women law professors, gender bias is still a major fact of life.”... After evaluating the complaints against law schools, which I spell out below—and renouncing any presumption in my favor—I conclude, unindignantly, that the charges are almost entirely unproven...The principal charges leveled against the male establishment in terms of hiring, retention and promotion …

Go to article

In Memoriam Professor Malina Coleman (1954-2009) Jul 2015

In Memoriam Professor Malina Coleman (1954-2009)

Akron Law Review

Article about and written in memory of Professor Malina Coleman.

Go to article

Can Law Students Disrupt The Market For High-Priced Textbooks?, Jane K. Winn Jul 2015

Can Law Students Disrupt The Market For High-Priced Textbooks?, Jane K. Winn

Washington Journal of Law, Technology & Arts

The Center for Computer-Assisted Legal Instruction (CALI) is a non-profit organization whose mission is to advance legal education through technological innovation and collaboration. With its eLangdell Press project, CALI publishes American law school textbooks in open access, royalty-free form, offering faculty authors compensation equivalent to what most law school textbook authors would earn in royalties from a traditional full-price publisher. I am writing a new sales textbook and “agreements supplement” based on contemporary business practice that I will publish in open access form with CALI’s eLangdell Press. Relatively few other American legal academics publish in open access form, however, suggesting …

Go to article

Creac In The Real World, Diane B. Kraft Jul 2015

Creac In The Real World, Diane B. Kraft

Law Faculty Scholarly Articles

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the "real world" of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on "first-year" issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …

Go to article

Profiles - Ucan’S New Campus Construction Project, Chicago, Illinois, James Hagy, Sahar Nikanjam Jul 2015

Profiles - Ucan’S New Campus Construction Project, Chicago, Illinois, James Hagy, Sahar Nikanjam

Rooftops Project

Funding and constructing a new $41 million facility may be a once-in-a-generation, if ever, event, for many social service not-for-profits. Choosing a site that invests directly in the neighborhood and the people served can have ripple effects far beyond the central purpose of the delivery of services the buildings are designed to support. The Rooftops Project’s Sahar Nikanjam and Professor James Hagy walked the site of UCAN’s new campus construction under way in the Lawndale neighborhood of Chicago.

Go to article

July 2015 Magazine Jul 2015

July 2015 Magazine

Ergo

No abstract provided.

Go to article

Launching The Los Angeles Incubator Consortium, Laura Dym Cohen, Luz E. Herrera, William T. Tanner Jul 2015

Launching The Los Angeles Incubator Consortium, Laura Dym Cohen, Luz E. Herrera, William T. Tanner

Faculty Scholarship

This Article offers a snapshot of the initial two-month development process of a new law firm incubator program-the Los Angeles Incubator Consortium (LAIC). LAIC is a collaborative project of Pepperdine University School of Law, Southwestern Law School, and UCLA School of Law that was launched in collaboration with the Los Angeles Law Library and various local legal aid providers through seed funding from the California Commission on Access to Justice.14 Part II discusses the leadership role of California's Commission on Access to Justice in promoting incubators as models to increase the availability of affordable legal services for the modest-means population. …

Go to article

Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins Jul 2015

Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins

Washington Journal of Law, Technology & Arts

There has been considerable discussion in academic circles about the possibility of moving toward open educational materials—those which may be shared, copied and altered freely, without permission or fee. Legal education is particularly ripe for such a transition, as many of the source materials—including federal statutes and cases—are in the public domain. In this article, we discuss our experience producing an open casebook and statutory supplement on Intellectual Property Law, and answer many of the frequently asked questions about the project. Obviously, open coursebooks are less expensive and more convenient for students. But we found that they also offer pedagogical …

Go to article

The Idea Of The Casebook: Pedagogy, Prestige, And Trusty Platforms, Joseph Scott Miller, Lydia Pallas Loren Jul 2015

The Idea Of The Casebook: Pedagogy, Prestige, And Trusty Platforms, Joseph Scott Miller, Lydia Pallas Loren

Washington Journal of Law, Technology & Arts

Independently published, electronically delivered books have been the future of the law school casebook for some time now. Are they destined to remain so? We sketch an e-casebook typology then highlight some features of law professor culture which suggest that, although e-casebook offerings will surely expand, the trust credential that the traditional publishers provide plays a durable, central role in the market for course materials that law professors create.

Go to article

Self-Publishing An Electronic Casebook Benefited Our Readers—And Us, Eric Goldman, Rebecca Tushnet Jul 2015

Self-Publishing An Electronic Casebook Benefited Our Readers—And Us, Eric Goldman, Rebecca Tushnet

Washington Journal of Law, Technology & Arts

Self-publishing our electronic casebook, Advertising and Marketing Law: Cases & Materials, wasn’t some grand ambition to disrupt legal publishing. Our goal was more modest: we wanted to make available materials for a course we strongly believe should be widely taught in law school. Electronic self-publishing advanced that goal in two key ways. First, it allowed us to keep the price of the materials low. Second, we bypassed gatekeepers who may have degraded the casebook’s content and slowed the growth of an advertising law professors’ community.

Go to article

The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust, Rebecca Haw Allensworth Jul 2015

The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the antitrust agencies, the Federal Trade Commission ("FTC") and the Antitrust Division of the Department of Justice ("DOJ"), rarely issue guidelines, and even more rarely issue rules or regulations, very little antitrust law is handed down from on high. Instead, circuits split, and lower courts must muddle through new antitrust problems by finding analogies in technologically and socially obsolete precedents. When faced with this …

Go to article

Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts Jul 2015

Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts

Faculty Publications

No abstract provided.

Go to article

First Prev Next Last