Legal Education Commons^™

If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra Vollweiler

Faculty Scholarship

No abstract provided.

Corporations Hybrid: A Covid Case Study On Innovation In Business Law Pedagogy, Seth C. Oranburg, David Tamasy

Scholarly Articles

This Article is about using "asynchronous" online technology synergistically with in-class experiences and "synchronous" live-distance education sessions. It focuses on creating instructional videos because great videos are essential for online learning.' This Article also discusses creating digital teaching assets for active learning such as formative assessments, learning journals, and discussion boards.

The authors of this paper are a law professor and his former student and teaching assistant. We worked together for two years to innovate and implement many technological enhancements in Corporations class. We created and deployed a "Hybrid" course in which students performed "asynchronous" technology-mediated learning activities before class …

From The Editors, Ezra Rosser, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

For many law professors, the experiences they had as law students often serve as the primary lens through which they make sense of their own students' experiences. Who could doubt the value in connecting with students over the stress of the first legal research and writing memo or over the challenge involved in learning the rule against perpetuities? But the legal academy will surely prosper from learning directly from students themselves. That is where the Law School Survey of Student Engagement (LSSSE) project comes in.

Center On Finance, Law & Policy Progress Report, 2020, Center On Finance, Law & Policy

Miscellaneous Law School History & Publications

Six years after its 2013 launch, the Center on Finance, Law, and Policy (CFLP) continues to uphold its commitment to actionable, interdisciplinary research. What started with convening of 40 faculty members from across the University has evolved into a robust team of more than 70 faculty affiliates with expertise ranging from fintech to financial egulation to entrepreneurship to behavioral economics, along with three staff members, and a network of 26 student research assistants from seven schools across the University.

Mark D. Anderson: A Teacher's Teacher And A Scholar's Scholar, Wendy Gerwick Couture

Articles

No abstract provided.

Festschrift In Honor Of University Of Idaho Distinguished Professor Emeritus Dale Goble, Barbara Cosens

Articles

No abstract provided.

A Tribute To Don Burnett, Maureen Laflin

Articles

No abstract provided.

A Peruvian Tax Lawyer In A U.S. Corporate Tax Class: What Can Be Explained And What Cannot Be Explained, Fernando J. Loayza Jordán

Scholarly Articles

This paper is more of an ethnographic comparison, inspired by classroom experiences, between U.S. and Peruvian tax law education than what Garbarino calls “hard-nose comparative work” that requires an underlying theory and a clear methodology. It is also different from most comparative works because it is not actually about an area of law itself but about how it is taught and why, visiting some of the most critical variables in legal education. Nevertheless, I have tried to keep in mind the main critiques of comparative tax studies that could also become errors in the comparisons that I intend to draw.

Marijuana Law Reform In 2020 And Beyond: Where We Are And Where We’Re Going, Sam Kamin

Seattle University Law Review

With another presidential election now looming on the horizon, both political parties and both sides of the marijuana law reform debate are once again preparing for the possibility of a seismic change in how marijuana is regulated in the United States. In this Article, I lay out the state of marijuana law and policy in the United States today with an eye toward that uncertain future. I describe the differential treatment of marijuana under state and federal law and the tensions this causes for those seeking to take advantage of marijuana law reform in the states. I analyze recent changes …

A Commitment To The Whole Athlete: Embracing The Role Of Cannabinoids In Collegiate Athletics, Kelli Rodriguez Currie

Seattle University Law Review

Cannabinoids can be a highly effective way for athletes to combat various kinds of pain associated with intense training. Derivatives of cannabis, such as marijuana, have been used for centuries as a form of pain relief. Part I of this Article discusses how cannabinoids are used in sports medicine. Part II discusses the different approaches to marijuana and cannabidiol use across sports leagues. Part III highlights the inconsistencies between the NCAA’s approach to testing for substance abuse and its investment in student-athletes’ well-being. Part IV discusses how the NCAA must focus on student-athlete health. Finally, Part V concludes that the …

Tiptoeing Through The Landmines: The Evolution Of States’ Legal Ethics Authority Regarding Representing Cannabis Clients, Karen E. Boxx

Seattle University Law Review

Despite the continued federal classification of cannabis as an illegal drug, states have legalized the possession, use, production, and sale of cannabis. In order to do so, the states have created complex regulatory schemes to control and monitor the cannabis industry and satisfy the federal government concerns, such as use by minors and organized crime involvement. First, this Article presents the ethical dilemma of cannabis lawyering. Second, this Article describes the history, evolution, and current status of the various states’ pronouncements on a lawyer’s ethical duties with respect to the business and use of cannabis that may be legal under …

Unfair-But-Not-Deceptive: Confronting The Ambiguity In Washington State’S Consumer Protection Act, Emily Beale

Seattle University Law Review

This Comment will argue that Washington state courts must promulgate a new, workable definition of “unfair-but-not-deceptive” under Washington’s Consumer Protection Act. Washington courts have acknowledged that a business act or practice can be unfair but not deceptive, but a simple recognition does not fulfill the liberal intentions of the Consumer Protection Act. By continuously declining to define unfair- but-not-deceptive, Washington courts have left consumers vulnerable and without recourse. This Comment will highlight the approaches developed by the federal government and other state governments on how to confront the ambiguity of unfair-but-not-deceptive and will propose a concrete definition for the term.

Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo

Seattle University Law Review

In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of “browse-wrap” contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an “I agree” button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights, Nicole B. Godfrey

Seattle University Law Review

This Article argues for increased legal protections for prisoners who choose to engage in group protest to shed light on the conditions of their incarceration. A companion piece to a similar article that focused on prisoner free speech rights, this Article uses the acts of protest utilized by the Silent Sentinels to examine why prisoners’ rights to petition and association should be strengthened. By strengthening these rights, the Article argues that we will advance the values enshrined by the First Amendment’s Petition Clause while simultaneously advancing the rights of the incarcerated millions with little to no political power.

The Article …

Black Women And Girls And The Twenty-Sixth Amendment: Constitutional Connections, Activist Intersections, And The First Wave Youth Suffrage Movement, Mae C. Quinn

Seattle University Law Review

On this 100th anniversary of the Nineteenth Amendment—and on the cusp of the fiftieth anniversary of the Twenty-sixth Amendment—this article seeks to expand the voting rights canon. It complicates our understanding of voting rights history in the United States, adding layers to the history of federal constitutional enfranchisement and encouraging a more intersectional telling of our suffrage story in the days ahead.

Thus, this work not only seeks to acknowledge the Twenty-sixth Amendment as important constitutional content, as was the goal of the article I wrote with my law student colleagues for a conference held at the University of Akron …

Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert

Seattle University Law Review

This Article—part of the Seattle University Law Review’s symposium on the centennial of the ratification of the Woman Suffrage Amendment—examines that open possibility. Concluding that the Nineteenth Amendment does protect men’s voting rights, this Article explores why and how that protection empowers Congress to address felon disenfranchisement and military voting. This Article also examines the advantages of using Nineteenth Amendment enforcement legislation compared to legislation enacted under other constitutional provisions.

Part I discusses the unique barriers to voting faced by voters with criminal convictions (Section I.A) and voters in the armed forces (Section I.B). This Part also explains how existing …

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …

Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard

Seattle University Law Review

Attorney–client privilege is one of the most important aspects of our legal system. It is one of the oldest privileges in American law and is codified both at the national and state level. Applying to both individual persons and corporations, this expanded privilege covers a wide breadth of clients. However, this broad privilege can sometimes become blurred in relationships between the corporation and the individuals it serves. Specifically, insurance companies and those they cover have complex relationships, as the insurer possesses a quasi-fiduciary relationship in relation to the insured. This type of relationship requires that the insurer act in good …

From Judge To Dean And Back Again: Reflections On Transitions, David F. Levi

Faculty Scholarship

No abstract provided.

Touring The Lilly Library, Kimberly Mattioli

Articles by Maurer Faculty

When I began my job in January 2015, I was the first person to be officially designated as the Student Services Librarian at Indiana University Maurer School of Law’s Jerome Hall Law Library. One could argue that almost all the functions of a librarian at an academic law library are indeed “student services,” but I was given the exciting, and at times overwhelming, task of making the students happy on a full-time basis.

What makes students happy? Does anything (short of free food) make law students excited about the law library? I took it as a personal challenge to find …

True Friends Never Disappear, Alberto R. Gonzales

Law Faculty Scholarship

In this reflective essay published in Student Lawyer, Alberto R. Gonzales recounts his personal and professional journey from a childhood marked by poverty to service at the highest levels of state and federal government, including as U.S. attorney general. Gonzales describes how early material deprivation fueled his ambition, leading him to elite educational institutions and a prestigious legal career. Yet, despite significant professional accomplishments—including service as a Texas Supreme Court justice, White House counsel, and attorney general—he reflects that achievement alone did not bring lasting fulfillment. Instead, he emphasizes the enduring importance of authentic relationships, particularly with family and …

Using Law School Faculty Author Profiles To Promote Impact: The U.S. News & World Report Saga Continues, Allison N. Symulevich

USF St. Petersburg Campus Faculty Publications

INTRODUCTION: When U.S. News & World Report announced that it would rank law schools’ scholarly impact, U.S. News asked law schools to work with HeinOnline, a legal database, to ensure the accuracy of the database-created faculty author profiles because they would be using Hein’s database to gather citation metrics to measure scholarly impact. DESCRIPTION OF PROGRAM: This practice article describes a project at UNC Chapel Hill in the law library to ensure that their faculty publications were included in HeinOnline’s database and that HeinOnline Author Profiles were accurate. This case study helps librarians tackling either similar law library projects or …

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

Utah Law Faculty Scholarship

Law school aims to teach lawyering skills as well as legal analysis. While all students must acquire the skills of legal analysis, research and writing, law schools may decide what other skills to teach. Students also acquire skills and habits in informal ways, through clerkship experiences or pro bono volunteer work. However, there has been almost no study of what “skills” students pick up in these informal ways, and whether there are skills that would better be learned as part of the curriculum. This study looks at the skill of legal interviewing employed by students in a pro bono brief …

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Utah Law Faculty Scholarship

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro Bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This paper utilizes a data set of over forty student-client consultations at a pro bono brief advice clinic that have been recorded and transcribed. It uses conversation analysis to study …

Learning From Our Mistakes: Conversation Analysis Reveals Best Practices For A Student-Staffed Pro Bono Project, Linda F. Smith

Utah Law Faculty Scholarship

Law schools make “pro bono” opportunities available to students to introduce them to the responsibilities of the profession. Often these pro bono law students help in “brief advice” projects staffed by volunteer attorneys. This staffing-supervision structure presents challenges in ensuring clients receive competent, individualized advice and the students receive adequate oversight so that this is a positive learning experience for them. This paper analyzes transcripts from 46 recorded student-client interviews and 35 student-attorney consultations. It focuses on those cases where there were “errors or omissions” -- either the client got some erroneous advice or the client did not receive complete, …

A Starting Point For Disability Justice In Legal Education, Christina Payne-Tsoupros

Journal Articles

This article explores how a disability justice framework would provide greater access to law school and therefore the legal profession for disabled students of color; specifically, disabled Black, Indigenous, and Latinx students. Using DisCrit principles formulated by Subini Annamma, David Connor, and Beth Ferri (2013), this article provides suggestions for incorporating a disability justice lens to legal education. In doing so, this article specifically recognizes the work of three disability justice activist-attorney-scholars, Lydia X.Z. Brown, Talila “TL” Lewis, and Katherine Pérez, and considers lessons from their advocacy and leadership that can apply in the law school setting.

Teaching And Learning Law And Business: An Open Resource Tool, John O. Sonsteng, Willow Najjar Anderson, Michael Carlson, John Edell, Alexander Koch, Samuel Mccollough, Hannah Mohs

Faculty Scholarship

This dissertation examines the impacts of business law education through a multi-layered review of surveys, data, and literature. The authors examine what law schools across the country offer, explore research conducted in partnership with the Minnesota and American Bar Associations, and provide a systemic review of the relevant literature. The data shows attorneys resoundingly do not believe law school coursework prepared them adequately for the business of law.

Despite the practical changes that have been made to law school education since the 1960s to the present, there is still a disconnect between what law schools say they will provide and …

“The Worst Idea Ever”: Lessons From One Law School’S Embrace Of Online Learning, Eric S. Janus

Faculty Scholarship

This essay explores one law school's contrarian and pioneering embrace of online education into the core of its J.D. program, a five-year journey undertaken by William Mitchell College of Law (now Mitchell Hamline School ofLaw). This essay makes a simple point. Online pedagogy ought to be part of the palette of tools available for the design of J.D. programs. But placing it at the core of a J.D. program is not universally to be desired. Like any pedagogy, these online tools have their strengths and their weaknesses. The particular combination of tools and methods represents a question of design: of …

Teaching With Feminist Judgments: A Global Conversation, Pamela A. Wilkins

Articles

The very idea of re-imagining and rewriting judicial opinions from a feminist perspective arises from the sense that the original judicial opinions did not "do justice" in either process or outcome. Nearly a dozen feminist judgments projects around the world have addressed this sense of injustice by demonstrating how a judgment's reasoning or result (or both) would have been different if the decision makers had applied feminist perspectives, theories,and methods. Using the resulting re-imagined feminist judgments in the classroom can help students in a myriad of ways, but especially in developing their own roles in addressing what they perceive to …