Legal Education Commons^™

Ocs Open House, Cardozo Office Of Career Services

2023–2024 Flyers

No abstract provided.

Vol. 66, No. 01 (January 15, 2024)

Indiana Law Annotated

No abstract provided.

Cardozo Mourns The Loss Of Leon Wildes, Benjamin N. Cardozo School Of Law

Cardozo News 2024

It is with deep sadness that we report the death of Leon Wildes, a distinguished immigration attorney and adjunct professor who taught immigration law at Cardozo for 33 years and was a member of the Yeshiva College Board of Overseers. He was 90 years old.

Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.

The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.

Maurer School Of Law Names New Assistant Dean For Diversity, Equity, And Inclusion, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Dr. Gabriel Escobedo has been appointed the Law School’s inaugural assistant dean for diversity, equity, and inclusion.

Escobedo has strong ties to Indiana University, earning his Ph.D. in Anthropology of Performing Arts and Latinx Culture from the university in 2023. He was an assistant instructor in IU’s Department of Anthropology from 2013-15.

“Gabriel will be a strong leader for our DEI efforts, and we’re excited to welcome him and his family back to Bloomington,” Maurer School of Law Dean Christiana Ochoa said. “His experience and success working collaboratively with a wide range of stakeholders at Michigan Technological University stood out …

Cardozo Law News Brief: January 5, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Alexander Reinert
• Young Ran (Christine) Kim
• Myriam Gilles
• Kathryn Miller
• Jocelyn Getgen Kestenbaum
• Jessica Roth
• Matthew Wansley
• Samuel Weinstein
• Edward Zelinsky

Events:

• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino

Cardozo International & Comparative Law Review (CICLR) Blog

In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …

Teaching Law In The Age Of Generative Ai, John Bliss

Sturm College of Law: Faculty Scholarship

With the rise of large language models capable of passing law school exams and the Uniform Bar Exam, how should legal educators prepare their students for an age of transformative technological change? As text-generating AI is being integrated in legal research platforms and word processing software, which automate the drafting of legal documents based on human prompts, lawyers are increasingly adopting this technology as a standard tool of legal research and writing. This Article explores the implications of these developments for legal education, focusing on pedagogy, curriculum, and assessment.

The Article draws from four key perspectives relevant to the use …

The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, Rachel F. Moran

Scholarly Works

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …

Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman

Faculty Scholarship

No abstract provided.

The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton

Scholarly Works

American law schools have pulled out of what looked like a death spiral. From 2008-18 job placement and bar passage cratered and applications and JD enrolment followed. Some law schools found themselves trapped between Scylla and Charybdis – if they did not loosen admissions, they would not have the funds to keep the doors open. But if they loosened admissions too much bar passage and placement suffered, prompting a possible closure via disaccreditation by the ABA (or the DOE).

There are (broadly speaking) two models of profitable higher education in the United States. The first is the old school, classic …

Aba Standard 303(C) And Divisive Concepts Legislation And Policies: Challenges And Opportunities, Sherley Cruz, Becky L. Jacobs, Karen L. Tokarz, Kendall Kerew, Andrew King-Ries, Carwina Weng

Scholarly Works

This article by six clinicians discusses the challenges and opportunities of new ABA Standard 303 (c), including the implications of and interactions between Standard 303(c) and “divisive concepts” laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of Standard 303(c) and Standard 303(b)(3), which addresses professional identity formation; discusses opportunities to adapt current curriculum and teaching and create new curricular responses to meet the new accreditation standards and interpretations; and explores ways to resist increasing limitations and find a supportive academic community to sustain hope and resilience.

Tapping Into The Talent Pipeline While Repairing The Leaky Pipe, Michelle M. Kwon

Scholarly Works

Diversity in the legal profession matters. It helps legitimize our legal system, giving everyone confidence that they will be treated fairly. Diverse legal teams make it more likely that the team will understand different perspectives and avoid “group think.” Having diverse groups make, enforce, and interpret laws leads to better outcomes. And yet, the legal profession is one of the least diverse in the country. The vast majority of lawyers are White men even though women constitute half of the population and about 40% of the U.S. population is not White. The percentage of Black lawyers has remained virtually unchanged …

Everything You Need To Know About Aristotelian Rhetoric You Can Learn From Kendall Jenner And Serena Williams, Allison Wexler Weiss

Scholarly Articles

Pop culture can teach us a lot about the law: almost everyone knows the Miranda warnings and can recite them by heart, thanks to Law and Order and other crime dramas, the concept of a “conservatorship” is familiar to many because of Brittany Spears, and the notorious RBG has become a household name, recognizable in a crown and jabot, partly due to Kate McKinnon’s portrayal on SNL.

Commercials, and the pop culture icons featured in them, can also teach students about the art of persuasive advocacy. At the start of the spring semester, when I segue from objective analysis to …

Integrating Human Rights In Domestic Practice, Ryan Thoreson, Tamar Ezer, Aya Fujimura-Fanselow, Elizabeth Brundige

Faculty Articles and Other Publications

Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives work to foster creativity and lawyering skills, particularly in areas where domestic law is limited or constraining. Moreover, U.S. advocates have much to learn from global human rights struggles and advocacy efforts and can benefit from engaging in human rights discourse and practice. This article introduces readers to …

The Role Of Intuitive Reasoning In Lawyering And Legal Education, N. E. Millar

St. Thomas Law Review

Intuition-a process of "rapid cognition" that offers foresight and helps with creative problem-solving-is a powerful tool that lawyers can use to inform strategic decisions, avoid ethical pitfalls, enhance communication, and increase career satisfaction. However, many law students come to law school after decades of being taught to trust only external sources-such as data and authority figures-and out of touch with their internal, intuitive resources. Law schools exacerbate this disconnect by prioritizing grades, awards, rankings, prestigious jobs, and other external sources of satisfaction and meaning. Indeed, the study of law is primarily the study of external sources of guidance, such as …

The Guided Sequence For Formation Of Professional Identity, David I. C. Thomson

Sturm College of Law: Faculty Scholarship

When the ABA approved a requirement that law schools offer opportunities for the formation of professional identity, there were already several courses on the topic that had been developed in numerous law schools. But those are limited to the students who take them, and do not - even taken together - fulfill the ABA rule. Instead of trying to teach a course on professional identity—as if that were teachable in the didactic sense—we should instead create exercises (or modules if you prefer) in which students may practice making these decisions. We must do that in virtually every course a student …

A Comparative Analysis Of Domestic And International Legislation On Combating International Bribery And Corruption, Jose W. Alvarez

American University International Law Review

This composition compares and contrasts the legislation used in addressing and preventing transnational bribery and corruption at the domestic, regional, and international level. Using the history and current application of the United States Foreign Corrupt Practices Act as a foundation, this composition analyzes the legislation of fifteen nations, two international organizations, and three regional bodies, and their approaches in combating the growing issue of transnational bribery and corruption. This composition analyzes and interprets the common themes, historical and contemporary patterns, as well as trends at each government level, and potential future courses of action. The denouement of this work seeks …

Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio

Seattle University Law Review

On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

Critical Theories, Justice, And The Rule Of Law, Adam J. Macleod

Scholarly Articles

An increasing number of legal scholars and activists now identify law as an impediment to justice that must be deconstructed. The deconstructionists tear down the resources we need to sustain the rule of law. And as they deconstruct law, they also deconstruct justice itself. Against deconstructionism, the classical tradition of jurisprudence that gave us our fundamental law affirms that we can know justice and that we can achieve justice through the establishment of law.

That classical tradition made possible the conviction that law is not a mere product of power, as the deconstructionists assert. And that conviction made the rule …

Implementing Aba Standard 303(B)(3): Positive Legal Education Through A Community Of Inquiry, Joshua Aaron Jones

Faculty Scholarship

According to William Adams, Executive Director of Legal Education and Bar Admissions at the American Bar Association (ABA), “Full implementation [of 303(b)(3)] [was] expected by 2023.” The revised Standard requires that law schools provide “substantial opportunities” for professional identity development (PID). Though the ABA’s Standards and Rules of Procedure for Approval of Law Schools and the related interpretations allow flexibility, the ABA left law schools without detailed guidance; without a unified professional identity concept, law schools across the country will implement a patchwork of programs, some stronger than others, that may curtail a global strengthening of the profession. Fortunately, scholars …

Law As A Liberal Art, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Law is a liberal art. Unfortunately, this fact is often forgotten by legal educators, legal practitioners, and citizens. This collective amnesia does not just pose a problem of proper academic categorization. Our inattention to law’s character as a liberal art of law has a profound effect on the full realization of the rule of law in contemporary constitutional democracies. Reclaiming law as a liberal art is critically important, and this effort should be at the center of our approach to legal education.

In this short essay, I begin by providing a brief overview of what I mean by saying that …

Senior Day 2024, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 6, 2024 University of Michigan Law School Senior Day.

99th Henry M. Campbell Moot Court Competition: Final Round, University Of Michigan Law School

Event Materials

Henry Munroe Campbell was a distinguished lawyer who served as legal counsel to the University of Michigan’s Board of Regents for several years.

He was born in 1854, the son of famed Michigan Supreme Court Justice James V. Campbell. He graduated from the University of Michigan in 1876 and later from the University of Michigan Law School. In 1878, he established a law partnership in Detroit with Henry Russell. Over the years, the firm prospered and continues today as the Detroit-based firm Dickinson Wright PLLC.

Campbell became an attorney of considerable eminence in Michigan and was widely regarded as a …

Public Primacy In Corporate Law, Dorothy S. Lund

Seattle University Law Review

This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …

Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu

Seattle University Law Review

Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …

The Limits Of Corporate Governance, Cathy Hwang, Emily Winston

Seattle University Law Review

What is the purpose of the corporation? For decades, the answer was clear: to put shareholders’ interests first. In many cases, this theory of shareholder primacy also became synonymous with the imperative to maximize shareholder wealth. In the world where shareholder primacy was a north star, courts, scholars, and policymakers had relatively little to fight about: most debates were minor skirmishes about exactly how to maximize shareholder wealth.

Part I of this Essay discusses the shortcomings of shareholder primacy and stakeholder governance, arguing that neither of these modes of governance provides an adequate framework for incentivizing corporations to do good. …

The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman

Seattle University Law Review

After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …

Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells

Seattle University Law Review

Adam Pritchard and Robert Thompson’s A History of Securities Laws in the Supreme Court should stand for decades as the definitive work on the Federal securities laws’ career in the Supreme Court across the twentieth century.1 Like all good histories, it both tells a story and makes an argument. The story recounts how the Court dealt with the major securities laws, as well the agency charged with enforcing them, the Securities and Exchange Commission (SEC), and the rules it promulgated, from the 1930s into the twenty-first century. But the book does not just string together a series of events, “one …