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2026

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Full-Text Articles in Legal Education

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jens Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley Jan 2026

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jens Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Articles

In the past few years, large language models (LLMs) have achieved significant technical advances, enabling legal-advocacy organizations to adopt them as complements to—or substitutes for—lawyers and other human experts. The role of LLMs in legal education, however, is underexplored. While several studies have examined LLMs’ performance in taking law school exams, finding mixed results, there have been no published studies systematically analyzing LLMs’ competence at one of law professors’ chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically contained in …


Interrogating The Facts Of The Case, Anna Roberts Jan 2026

Interrogating The Facts Of The Case, Anna Roberts

Indiana Law Journal

Buried within many criminal judicial opinions is the origin of their “facts”—the interrogation room. Criminal law pedagogy should expose this origin. If we treat the alleged product of interrogation as “what happened,” as criminal cases (and professors) sometimes do, we obscure the ways in which interrogators are trained to incriminate and to co-create confessions. We also risk obscuring subsequent layers of reporting by police, prosecutors, or judges.

Recent scholarly literature urges criminal law professors to teach differently, warning that we distort, sanitize, and bolster the carceral state when we erase governmental agents and bypass procedure. Treating the “facts of the …


Silos, Gaps, And Bridges: A Call To Action For Law Schools To Facilitate Collaboration Across The Curriculum At The Dawn Of The Nextgen Bar, Elizabeth Usman, Andrea Gemignani Jan 2026

Silos, Gaps, And Bridges: A Call To Action For Law Schools To Facilitate Collaboration Across The Curriculum At The Dawn Of The Nextgen Bar, Elizabeth Usman, Andrea Gemignani

University of the District of Columbia Law Review

Now is a time for action. With the advent of the NextGen bar exam and the recent changes to the ABA accreditation standards for law schools, which both focus on valuing practical legal skills, law schools have a unique opportunity. By coordinating practical and doctrinal content across the curriculum, law schools can ensure that all graduates are proficient in fundamental lawyering skills and prepared for both the bar exam and practice success. ...

Part I of this article examines the foundations of American legal education from apprenticeships to the emergence of the case study method. It then explores the calls …


The Most Important Lesson, Rodger D. Citron Jan 2026

The Most Important Lesson, Rodger D. Citron

Touro Law Review

No abstract provided.


My Friend Dan Subotnik, Harvey Gilmore Jan 2026

My Friend Dan Subotnik, Harvey Gilmore

Touro Law Review

No abstract provided.


In Memory Of Dan Subotnik—Friend And Scholar, David M. Phillips Jan 2026

In Memory Of Dan Subotnik—Friend And Scholar, David M. Phillips

Touro Law Review

No abstract provided.


Memories Of Marian Pink, Marian Pink Jan 2026

Memories Of Marian Pink, Marian Pink

Touro Law Review

No abstract provided.


Memories Of My Father, Daniel Ezra Subotnik, Joseph E. Subotnik Jan 2026

Memories Of My Father, Daniel Ezra Subotnik, Joseph E. Subotnik

Touro Law Review

No abstract provided.


Moral Progress In Legal Doctrine, Philip Petrov Jan 2026

Moral Progress In Legal Doctrine, Philip Petrov

Faculty Scholarship

This article integrates the concept of moral progress – here, moral improvement in the thinking and behavior of individuals over time – into the study of legal doctrine. The article first presents a naturalistic account of what moral progress is and describes three of its most historically and analytically important forms: (1) moral circle expansion, (2) moral domain expansion, and (3) increasing sensitivity to proportionality. The article then analyzes three historical developments in U.S. tort law that qualify as instances of moral progress: (1) the partial demise of the “suicide rule” beginning around the 1980s (according to …


The Nevada Plan: Redefining The Bar In The Silver State, Grace Michaelson Jan 2026

The Nevada Plan: Redefining The Bar In The Silver State, Grace Michaelson

Nevada Law Journal Forum

Nevada is rewriting the rules of entry into its legal profession. In 2024, the Nevada Supreme Court approved plans for a new state bar exam that will take effect in 2027. The new format, known as the Nevada Plan, significantly departs from Nevada’s traditional bar exam and fundamentally alters the licensure process for those aspiring to practice law in the Silver State. This Note will explore the proposed changes and their implications through three main sections. Part I provides essential context for understanding the current moment in bar exam reform. It begins by examining the traditional role of bar exams …


2025 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law Jan 2026

2025 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Alumni News, page 15

50 Years of Daring to Illuminate, page 18

A Fearless, Undaunted Approach to Building a New Law School, page 26

50 Years of Daring to Innovate, page 42

Faculty in the Media, page 66

Faculty Scholarship, page 70

Retirements, page 76

Student Briefs, page 79

Alumni Signature Events, page 83

Classnotes, page 87

Cardozo in a Word, page 92


Put Me In, Coach: Enhancing Foundational Lawyering Skills Across The Curriculum With Neurodivergent Law Students In Mind, Erica M. Lux Jan 2026

Put Me In, Coach: Enhancing Foundational Lawyering Skills Across The Curriculum With Neurodivergent Law Students In Mind, Erica M. Lux

Mitchell Hamline Law Review

As more adults discover that they are neurodivergent, the law student population is likely to be no different, and legal education must adapt to support the skill development needs of neurodivergent students as they prepare to enter the profession. Neurodivergence is a non-medical term that refers to a variety of conditions resulting from changes to a person’s brain structure and function. More commonly, academic discussions around neurodivergence focus on autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD)—both of which have not been properly diagnosed over the past several decades. However, neurodivergence also incorporates anxiety disorders, obsessive-compulsive disorder (OCD), …


Unseen Labour, Unmatched Impact: Struggles And Strategies Of Supervising Lawyers In Canadian Clinical Law Programs, Sarah Buhler, Gemma Smyth Jan 2026

Unseen Labour, Unmatched Impact: Struggles And Strategies Of Supervising Lawyers In Canadian Clinical Law Programs, Sarah Buhler, Gemma Smyth

Dalhousie Law Journal

Supervision has been described as the “beating heart” and the “core” of clinical legal education. Yet lawyers who supervise law students in clinical programs have challenging and poorly understood roles within Canadian legal education. This article analyzes interviews with lawyers who supervise students in Canadian law-school affiliated legal clinics. Supervising lawyers describe the tensions between their roles as lawyers, supervisors and mentors, university or non-profit employees, social justice advocates, members of law societies, and clinic team members. These tensions often exist within an environment of lower pay, poor job security, substandard treatment by colleagues, and inadequate training. Despite these challenges, …


The Criminalization Of Black Friendship, Kinship And Belonging, Reakash Walters Jan 2026

The Criminalization Of Black Friendship, Kinship And Belonging, Reakash Walters

Dalhousie Law Journal

This paper posits that the Canadian state's attempt to target organized crime through the Criminal Code's criminal organization provisions has led to the criminalization of everyday expressions of Black life, including the criminalization of Black friendship. The statutory architecture of the regime incentivizes criminal legal actors with limited contiguity to Black culture to conflate bids for connection, association, and friendship within Black communities as gang activity.

Before the criminal organization provisions were enacted, Canada had no legacy of directly criminalizing organized crime. Localized violence in Quebec during the mid-1990s led to rushed amendments to the Criminal Code to target biker …


The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster Jan 2026

The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster

Scholarly Works

Pennsylvania should reject the adoption of the NextGen bar examination and instead develop a new, state-specific pathway to lawyer licensure that better serves the needs of the legal profession and the public. The NextGen exam, designed by the National Conference of Bar Examiners (NCBE), introduces significant challenges, including its lack of transparency, inadequate preparation materials, and reliance on a rigid, memorization-heavy format. These deficiencies hinder equitable access to licensure, disproportionately affecting underrepresented groups and perpetuating systemic barriers within the profession.

Moreover, NextGen's failure to robustly address critical legal areas, such as trusts and estates, jeopardizes the ability of new lawyers …


Religious Freedom, Jesuit Mission, And Dei, William M. Treanor, Amelia J. Uelmen Jan 2026

Religious Freedom, Jesuit Mission, And Dei, William M. Treanor, Amelia J. Uelmen

Georgetown Law Faculty Publications and Other Works

The ability of Jesuit educational institutions to pursue a central part of their mission – that of fostering diverse, equitable and inclusive educational environments – is under attack. This essay outlines several dimensions of their religiously-grounded mission and the reasons to strongly protect from government interference the rights of Jesuit universities to implement programs and practices that align with DEI values. First, for Jesuit universities, these programs and practices are rooted in a much deeper culture of the more than 2,000-year old Catholic intellectual tradition and the now 500-year old tradition of Jesuit spirituality. Second, drawing on the classic work …


Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota Jan 2026

Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This chapter critically examines the intersection of mandatory continuing legal education (MCLE) and pro bono service in the United States, focusing on the growing practice of awarding MCLE credits for pro bono work. It argues that MCLE, widely justified as promoting lawyer competence, rests on a striking lack of empirical support and is structured in ways that undermine effective professional learning. A pro bono option for earning MCLE credit, introduced as an incentive to expand access to justice, has similarly failed to demonstrate measurable impacts on pro bono participation. Nonetheless, the pro bono option holds untapped potential because, if properly …


Gamification: The Viability Of Using Genai To Create Games To Teach Legal Concepts, Nicole Belbin Jan 2026

Gamification: The Viability Of Using Genai To Create Games To Teach Legal Concepts, Nicole Belbin

Faculty Scholarship

This Essay examines whether generative artificial intelligence (GenAI) can lower the technical, time, and cost barriers that have limited the use of game-based learning (GBL) in legal education. It first considers the science of learning, focusing on spaced practice, retrieval practice, and concrete examples, and explains how GBL can incorporate these strategies. It then evaluates four general-purpose GenAI tools—Perplexity, Gemini, ChatGPT, and Claude—by testing their ability to state legal rules accurately and create games that teach personal jurisdiction.

The results demonstrate both GenAI’s promise and its limitations. Although all four tools incorporated core concepts of general jurisdiction, each omitted at …


Performing Democracy, Carliss N. Chatman Jan 2026

Performing Democracy, Carliss N. Chatman

Faculty Journal Articles and Book Chapters

American universities are frequently portrayed as stewards of democracy—sites where dissent is protected, truth is pursued, and diversity is championed. Yet these institutions often betray these ideals, especially under the pressures of donor influence, reputational risk, and political retrenchment. This Essay interrogates the internal contradictions of the university by centering one of its most guarded rituals: faculty hiring. Building on my 2021 article The Soft Shoe and Shuffle of Law School Hiring Committee Practices, I argue that hiring serves as both a performance of inclusion and a mechanism for preserving institutional whiteness, elite networks, and gatekeeping norms. I extend …


Iceberg Ethos: Credibility And Hemingway In Predictive Legal Writing, Brad Desnoyer Jan 2026

Iceberg Ethos: Credibility And Hemingway In Predictive Legal Writing, Brad Desnoyer

Faculty Works

In predictive legal writing, credibility is not inferred from conclusions alone. It is constructed sentence by sentence. Analytic correctness is necessary, but it is not sufficient. Supervising attorneys read prose as evidence of intellectual control, treating disciplined style as proof of substantive mastery. Yet legal writing scholarship has largely framed clarity as a matter of pedagogy or professionalism rather than as a structural theory of ethos.

This article reframes predictive writing as institutional rhetoric. Within the hierarchical environment of law practice, cognitive fluency governs professional trust: writing that is easy to process yet disciplined in reasoning reads as competence. Drawing …


Holding The Line On Academic Freedom In Law School Clinics, Ty Alper, Praveen Kosuri, Beth Lyon, Alicia E. Plerhoples, Laura Riley, Robin Walker Sterling Jan 2026

Holding The Line On Academic Freedom In Law School Clinics, Ty Alper, Praveen Kosuri, Beth Lyon, Alicia E. Plerhoples, Laura Riley, Robin Walker Sterling

Georgetown Law Faculty Publications and Other Works

Since the emergence of modern clinical legal education, law school clinics have periodically faced political interference in their selection of clients and cases, interference that threatens clinics’ essential dual missions of training practice-ready lawyers and providing legal services to marginalized clients who would otherwise lack representation. While such pressure is not new, contemporary threats differ in scale and institutional form. Today, funding, oversight, and enforcement mechanisms are weaponized in an attempt to discipline universities, heightening institutional anxiety and prompting some universities to contemplate preemptive constraints on clinic autonomy in the name of risk management and reputational protection. This shift to …


Our Loss, But Dan’S As Well, Richard Klein Jan 2026

Our Loss, But Dan’S As Well, Richard Klein

Touro Law Review

No abstract provided.


Remembering A Dear Friend And Colleague, Thomas A. Schweitzer Jan 2026

Remembering A Dear Friend And Colleague, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Professor Dan Subotnik, Nancy Fox Jan 2026

Professor Dan Subotnik, Nancy Fox

Touro Law Review

No abstract provided.


Send In The Fashion Police!!!, Martin D. Goodman, Miriam Goodman Jan 2026

Send In The Fashion Police!!!, Martin D. Goodman, Miriam Goodman

Touro Law Review

No abstract provided.


A Long, Deep, And Unbreakable Friendship, Henry Ramer Jan 2026

A Long, Deep, And Unbreakable Friendship, Henry Ramer

Touro Law Review

No abstract provided.


Knowing Danny, Suzanne Darrow-Kleinhaus Jan 2026

Knowing Danny, Suzanne Darrow-Kleinhaus

Touro Law Review

No abstract provided.


Dan Subotnik: Teacher, Scholar, And Friend, Rena C. Seplowitz Jan 2026

Dan Subotnik: Teacher, Scholar, And Friend, Rena C. Seplowitz

Touro Law Review

No abstract provided.


In Memoriam: Professor Daniel Subotnik—A Personal Tribute, Eric M. Pelz Jan 2026

In Memoriam: Professor Daniel Subotnik—A Personal Tribute, Eric M. Pelz

Touro Law Review

No abstract provided.


Reflections On An Exemplary Life: Professor Dan Subotnik, Eva E. Subotnik Jan 2026

Reflections On An Exemplary Life: Professor Dan Subotnik, Eva E. Subotnik

Touro Law Review

No abstract provided.