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Full-Text Articles in Legal Education

Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto May 2018

Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto

Articles

Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In …


Law School Leadership And Leadership Development For Developing Lawyers, Louis D. Bilionis May 2018

Law School Leadership And Leadership Development For Developing Lawyers, Louis D. Bilionis

Faculty Articles and Other Publications

A growing number of legal educators are calling for greater attention to leadership development as an element of legal education at American law schools. Some make the case directly in the name of leadership education. Others see leadership development as part of a broader law school responsibility to provide purposeful support for students in the formation of their professional identity. For yet others, development of leadership skills figures in a law school’s appropriate commitment to the professionalism, professional development, or wellness of its students. These educators, though employing different locutions, constitute a “coalition of the willing” – law school faculty …


After Graduate And Professional School: How Students Fare In The Labor Market, Sandy Baum, Patricia Steele Feb 2018

After Graduate And Professional School: How Students Fare In The Labor Market, Sandy Baum, Patricia Steele

Commissioned Research

This brief explores employment and earnings outcomes among advanced degree recipients. Examining these outcomes across degree, occupational and demographic categories paints a nuanced picture of the payoffs of graduate and professional education. This information is critical for prospective students and others seeking to assess the value of these degree programs.


Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas Jan 2018

Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas

Journal of Experiential Learning

No abstract provided.


Bridging The Gap: A Joint Negotiation Project Crossing Legal Disciplines, Karen E. Powell, Lauren E. Bartlett Jan 2018

Bridging The Gap: A Joint Negotiation Project Crossing Legal Disciplines, Karen E. Powell, Lauren E. Bartlett

Journal of Experiential Learning

No abstract provided.


Facilitating Meaningful Change Within Us Law Schools, Patrick H. Gaughan Jan 2018

Facilitating Meaningful Change Within Us Law Schools, Patrick H. Gaughan

Akron Law Faculty Publications

Despite the widely recognized challenges and complaints facing US legal education, very little is understood about how law schools can adapt faster and better. This Article uses institutional theory, behavioral economics, and psychology to explain why change has proven so difficult for US law schools. Next, using institutional entrepreneurship, the Article explains the theoretical steps necessary to overcome the institutional resistance to change. The Article then discusses the characteristics of opportunities that are most likely to better meet the needs of law students while also providing sustainable benefits to the individually innovating law schools. Using management theory, the Article then …


Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona Jan 2018

Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona

Scholarly Works

In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …


Social Enterprise, Law & Legal Education, Lorne Sossin, Devon Kapoor Oct 2017

Social Enterprise, Law & Legal Education, Lorne Sossin, Devon Kapoor

Osgoode Hall Law Journal

This article examines the relationship between law and social enterprise. More specifically, it explores ways in which the law and the law school can serve to refine and promote the development of social enterprise. The article begins by canvassing the existing conceptions of social enterprise to provide a basis for understanding and to identify points of access for legal intervention. At the end of this analysis, we arrive at a working definition of social enterprise: A legal entity engaged in socially responsible economic activity for the purpose of generating revenue that is to be used to advance a social mission. …


Tuition Discounting Study Of Private Law Schools 2016, Accesslex Institute, National Association Of College And University Business Officers Oct 2017

Tuition Discounting Study Of Private Law Schools 2016, Accesslex Institute, National Association Of College And University Business Officers

Commissioned Research

The 2016 NACUBO/AccessLex Tuition Discounting Study of Private Law Schools was commissioned by AccessLex Institute in part to provide more recent information on tuition discounting practices at law schools, and to measure the effects of discounting on law schools’ finances. The use of institutional grant aid to attract and retain law students has become even more important, as many programs have had to grapple with declines in their numbers of applicants and enrollments. This challenging context has prompted law schools to implement a variety of practices and policies to raise their enrollments, including increasing their financial aid expenditures. The data …


The 2016-17 Survey Of Applied Legal Education, Robert R. Kuehn, David A. Santacroce, Margaret Reuter, Sue Schechter Sep 2017

The 2016-17 Survey Of Applied Legal Education, Robert R. Kuehn, David A. Santacroce, Margaret Reuter, Sue Schechter

Other Publications

This report summarizes the results of the Center for the Study of Applied Legal Education’s (CSALE) 2016-17 Survey of Applied Legal Education. The 2016-17 Survey was CSALE’s fourth triennial survey of law clinic and field placement (i.e., externship) courses and educators. The results provide insight into the state of applied legal education in areas like program design, capacity, administration, funding, and pedagogy, and the role of applied legal education and educators in the legal academy. Law schools, legal educators, scholars, and oversight agencies rely on CSALE’s data. They do so with the summary results provided here, the earlier Reports …


Experiential Skills In Legal Education: Introducing Tomorrow’S Practitioners To Practicing Law, Edward R. Becker Jun 2017

Experiential Skills In Legal Education: Introducing Tomorrow’S Practitioners To Practicing Law, Edward R. Becker

Articles

Welcome to the “Future of Law,” a new column that will appear regularly in the Michigan Bar Journal. This month, we kick off a recurring series devoted to legal education. These articles will highlight new developments and ongoing efforts at the five Michigan law schools to introduce students to experiential skills and more effectively prepare them to practice law. In future columns, authors will shed light on what law schools are doing to prepare students for practice and, we hope, inspire more Michigan attorneys to get involved—or, for some of you, become further involved—in those efforts. Why is this inaugural …


The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn Mar 2017

The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn

Articles

In recent years, the bar has expressed dissatisfaction with what is considered by some to be inadequate preparation of law students to begin practicing law immediately after graduation. There are several reasons why this has become a matter of concern for the legal profession. The profession itself has undergone significant changes. Although there are a few exceptions, most law firms no longer wish to spend time training their young associates or allowing them much time to develop the skills they need. First, clients are unwilling to pay for the time a young lawyer spends in acquiring needed skills. Second, the …


Bringing Purposefulness To The American Law School’S Support Of Professional Identity Formation, Louis D. Bilionis Jan 2017

Bringing Purposefulness To The American Law School’S Support Of Professional Identity Formation, Louis D. Bilionis

Faculty Articles and Other Publications

Ten years after the publication of Educating Lawyers, a growing number of American law schools are taking initiative to better support their students in the formation of professional identity. There is widespread recognition that success in these efforts requires an element of “purposefulness” on the part of law faculty and staff. Experiences, environments, and pedagogies that actually work for professional identity formation must be crafted and promoted with intentionality. Bringing the requisite purposefulness to the effort, however, will take a mindset about the education of a lawyer that will be new to many in legal education. This article explores that …


"Your Mission, Should You Choose To Accept It . . .": Taking Law School Mission Statements Seriously, Vanessa Merton Jan 2017

"Your Mission, Should You Choose To Accept It . . .": Taking Law School Mission Statements Seriously, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

Learning about the process and the results of mission definition in law schools has made palpable the tension between clarity and inflexibility, candor and marketing concerns, and the specificity that fosters accountability as opposed to the generality that embraces a vague multitude of approaches to the law school endeavor. Building on the strong endorsement of the use of mission statements in the original Best Practices for Legal Education, we present some “Best Practices” for both the development and the content of law school mission statements. We hope that this piece hastens further conversation and commentary that will foster a richer …


The Law School (2013), Margaret A. Leary Jan 2017

The Law School (2013), Margaret A. Leary

Book Chapters

This chapter describes the growth and changes to the University of Michigan Law School for the period 1973-2013.


Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown Jan 2017

Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart Jan 2017

Envisioning 100% Access To Justice In Colorado, Daniel M. Taubman, Melissa Hart

Publications

No abstract provided.


Is Legal Scholarship Worth Its Cost?, Paul Campos Jan 2017

Is Legal Scholarship Worth Its Cost?, Paul Campos

University of Colorado Law Review

No abstract provided.


Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer Jan 2017

Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer

Articles

Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …


Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky Jan 2017

Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky

Articles

Since 2015, Legal Practice faculty have partnered with local legal services organizations and the law school’s own clinics to provide our 1L students with client interaction, under the close supervision of experienced attorneys. So far, our students have worked with the Michigan Immigrant Rights Center, Legal Services of South Central Michigan, and the school’s Unemployment Law Clinic.


Book Review. Glass Half Full: The Decline And Rebirth Of The Legal Profession By Benjamin H. Barton, William D. Henderson Jan 2017

Book Review. Glass Half Full: The Decline And Rebirth Of The Legal Profession By Benjamin H. Barton, William D. Henderson

Articles by Maurer Faculty

No abstract provided.


What Do Indiana Law Schools Do For Students In Need?, Inge Van Der Cruysse Jan 2017

What Do Indiana Law Schools Do For Students In Need?, Inge Van Der Cruysse

Articles by Maurer Faculty

No abstract provided.


Law As Instrumentality, Jeremiah A. Ho Jan 2017

Law As Instrumentality, Jeremiah A. Ho

All Faculty Scholarship

Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …


Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker Nov 2016

Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker

Articles

On a substantive and ethical level, I tell my students to take on faith that if you were to do all of this and take all this into account, if you were to apply the conflict of interest and the disqualifications rules, it could make it extremely difficult or many of the firms involved in these matters to avoid being conflicted out; especially, if the parties and the kind of firms involved were not dealing with these conflicts and issues until a problem arose. The question I ask my students again at this point is what could be done. What …


Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue May 2016

Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

Law Faculty Publications

Review of Carel Stolker's book, Rethinking the Law School.


Professional Formation And The Political Economy Of The American Law School, Louis D. Bilionis Apr 2016

Professional Formation And The Political Economy Of The American Law School, Louis D. Bilionis

Faculty Articles and Other Publications

This article proposes that a comprehensive model for doing professional formation in law school is now in sight. The model can work for formation – which is to say that it has the right vision of the fundamentals and the appropriate program features and pedagogies to effectively support students in the development of their professional identities. The model also can work for the political economy of the typical American law school – which is to say that its strategy and approach to roles and resources makes it congenial to postulates about power, resources, work, and governance that shape relations inside …


Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg Apr 2016

Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg

Faculty Publications

Among the more important decisions a law teacher makes when preparing a new course is what materials to assign. Criminal procedure teachers are spoiled for choice, with legal publishers offering several options written by teams of renowned scholars. This Article considers how a teacher might choose from the myriad options available and suggests two potentially overlooked criteria: weight and price.


Dawn Of The Discipline-Based Law Faculty, Lynn M. Lopucki Apr 2016

Dawn Of The Discipline-Based Law Faculty, Lynn M. Lopucki

UF Law Faculty Publications

This Article reports on an empirical study of the prevalence of Ph.D.s on law faculties, the rate at which J.D.-Ph.D.s are being hired by those faculties, the impact of that hiring on faculties’ legal experience levels, and the likely resulting future composition of law faculties. Approximately 29% of the tenure-track faculties of the top twenty-six law schools currently hold Ph.D.s, and 67% of those schools’ entry level hires in 2014 and 2015 are J.D.-Ph.D.s. Recent hiring has separated into two tracks. On the growing J.D.-Ph.D. track, both legal experience and preparation time is declining. On the fading J.D.-only track, legal …


Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel Apr 2016

Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel

Articles

Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …


Newsroom: National Law Journal On Rwu Law, Roger Williams University School Of Law Jan 2016

Newsroom: National Law Journal On Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/national-law-journal-rwu-law