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Articles 331 - 360 of 745
Full-Text Articles in Legal Education
When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise
When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise
ExpressO
"When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers" The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.
Tough On Scholarship, Erik M. Jensen
Tough On Scholarship, Erik M. Jensen
Faculty Publications
This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.
Of Rankings And Regulation: Are The U.S. News & World Report Rankings Really A Subversive Force In Legal Education?, Rachel F. Morán
Of Rankings And Regulation: Are The U.S. News & World Report Rankings Really A Subversive Force In Legal Education?, Rachel F. Morán
Indiana Law Journal
Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.
Law School Faculty As Mentors, Jim Rosenblatt
Law School Faculty As Mentors, Jim Rosenblatt
Journal Articles
Professors see potential in our students that they do not see themselves. Based on his or her knowledge of the student and his or her awareness of student performance in the classroom and on examinations, a professor might suggest a career path, an intern opportunity, a research topic, an advanced degree, or a job contact that the student had not considered through the "door opening" process by which the professor opens doors and helps the law student see what is behind that door. Without this mentoring assistance that door may never have been opened by the student left to her …
Legal History Meets The Honors Program, Robert B. Bennett
Legal History Meets The Honors Program, Robert B. Bennett
Scholarship and Professional Work - Business
In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author has looked at in iterations of this course were the survival instinct on display in "Regina v. Dudley and Stephens," the Nuremberg trials, the Scopes Monkey Trial, the modern American litigation explosion, and the events surrounding the U.S. Supreme Court decision …
The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan
The Willem C. Vis International Commercial Arbitration Moot: Making The Most Of An Extraordinary Educational Opportunity, Jack M. Graves, Stephanie A. Vaughan
Scholarly Works
No abstract provided.
Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel
Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel
ExpressO
This article is an empirically-based follow-up to a piece I published last year in the Journal of Legal Education entitled, On Collegiality, 54 J. Legal Educ. 406 (2004). It provides insight into the process of conducting empirical research and sets forth some preliminary – yet very intriguing – data and qualitative information gleaned from a survey responded to by more than 1200 law professors nationwide. The survey addressed a wide range of topics related to collegiality and job satisfaction in the legal-academic profession.
Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman
Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman
ExpressO
This article explores how mental disability issues can be incorporated into a traditional criminal law class, in order to enrich student understanding of both mental disability law and criminal law doctrine. The intersection of mental disability with the doctrinal aspects of criminal law can be broken into five major categories: 1) the justifications for punishment; 2) the definition of crime in general, e.g., the requirements of a voluntary act, mens rea, and causation; 3) the definition of particular crimes, such as murder, manslaughter, rape, and burglary; 4) defenses to crime, including mistake of law and of fact, as well as …
Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe
Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe
ExpressO
This article advocates that law schools should provide bar exam preparation for students, including instruction regarding effective writing for bar exams. Using the reader expectation approach and considering the unique conventions of the legal profession's discourse community as a theoretical backdrop, this article examines effective writing for bar exams. It also provides practical recommendations for instructing students to write effective bar exam answers.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
ExpressO
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki
Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki
ExpressO
The article discusses how the current methods of teaching law students hinder their ability to transfer the knowledge and skills learned in law school to the practice of law. I propose integrating learning theory into the law school curriculum, with a specific focus on teaching metacognitive skills. Generally, metacognition refers to having both an awareness of and control over one’s learning and thinking. Professors can help the students gain an awareness of their learning by focusing the students on which learning preferences and experiences they bring to law school and how they can match them to the skills required of …
Collaboration And Modeling: Reconsidering "Non-Directive" Orthodoxy In Clinical Legal Education, Harriet N. Katz
Collaboration And Modeling: Reconsidering "Non-Directive" Orthodoxy In Clinical Legal Education, Harriet N. Katz
ExpressO
Clinical legal education scholarship has primarily emphasized “nondirective” supervision of law students by lawyer supervisors, although some scholars have contended that other supervision methods may be helpful for some students and a few have contended that the method of supervision was not critical to student learning. Externship supervision provides examples of a varied repertoire of supervision methods that may be applicable to on-campus clinics as well, depending on the educational goals of the clinic. Student views of the teaching value of supervision they experienced in externship at the author’s law school support the view that collaboration and modeling, as well …
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Steven D. Schwinn
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Steven D. Schwinn
ExpressO
In this article, we advocate using actual legal work to teach legal research and writing courses, including first year courses. By “actual legal work,” we mean work that is part of an ongoing or planned lawsuit, transaction, negotiation or other form of legal representation. We offer an overview and critique of the traditional legal writing curriculum, and we describe our initiatives to build upon and enhance that curriculum with the use of actual legal work. We conclude with some thoughts on the relative merits of our approach and ideas for following our model.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
The Five Stages Of Law Review Submission, Brannon P. Denning
The Five Stages Of Law Review Submission, Brannon P. Denning
ExpressO
Our article is a humorous look at the law review submissions process from the author’s perspective. It suggests that the process of submitting to law reviews tracks Elisabeth Kubler-Ross’s “five stages of grief.”
Mental Disorders And The Law, Richard Redding
Mental Disorders And The Law, Richard Redding
Working Paper Series
This chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues.
Virginia Bar Exam, July 2005, Section 2
Virginia Bar Exam, July 2005, Section 2
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, July 2005, Section 1
Virginia Bar Exam, July 2005, Section 1
Virginia Bar Exam Archive
No abstract provided.
Torts In Verse: The Foundational Cases, R. Perry Sentell Jr.
Torts In Verse: The Foundational Cases, R. Perry Sentell Jr.
Scholarly Works
This Article contains a "verse," "rhyme," or "poem" for each of the truly foundational cases ordinarily studied in first year Torts. The arrangement assumes a typical Torts casebook's order of presentation, but is fairly flexible. Each entry initially sketches the selected case's significance to the body of Tort law and then follows with the verse. The "rhymes" themselves are admittedly (indeed, intentionally) contrived and pedantic, seeking to elicit groans--but hopefully groans of recognition and familiarity. Ideally, the student will most "enjoy" a verse while reading and studying the case itself; indeed, some verse references make little sense otherwise.
Legal Scholarship As Resistance To 'Science', Steven D. Smith
Legal Scholarship As Resistance To 'Science', Steven D. Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Why do law professors continue to produce scholarship even after achieving tenure? This essay, presented as part of a AALS panel discussing “Why We Write?”, considers some common and less common responses, and suggests that for at least a few professors, legal scholarship can serve as a way of resisting the overbearing dominance of the “scientific” worldview evident in so much modern thought in favor of a perspective more attentive to the value of persons.
The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu
The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu
ExpressO
Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …
The Shadow Of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas
The Shadow Of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas
The Ohio State University Moritz College of Law Working Paper Series
This essay discusses the predicament of women law professors in an era when the representation of women on law faculties has reached a “critical mass.” It explores three mechanisms for reproducing gender inequality: (1) self-fulfilling stereotypes, (2) gender-specific comparison groups, and (3) the accumulation of small disadvantages. Chamallas uses stories from her own and colleagues’ experiences to illustrate contemporary forms of bias.
The Legal Employment Market: Determinants Of Elite Firm Placement, And How Law Schools Stack Up, Anthony M. Ciolli
The Legal Employment Market: Determinants Of Elite Firm Placement, And How Law Schools Stack Up, Anthony M. Ciolli
ExpressO
Data collected on 15,293 law firm associates from 1295 employers who graduated from law school between 2001 and 2003 were used to develop a “total quality score” for every ABA-accredited law school, both nationally and for nine geographic regions. Quantitative methods were then used to identify factors that help explain the variation in a law school’s national career placement success at elite law firms. The findings revealed that while a law school’s academic reputation is the single biggest predictor of placement, several other factors were also highly significant. Differences in grading system, class rank disclosure policies, and the number of …
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
ExpressO
Despite dramatic technological change, the thick, attractively-bound casebook remains ensconced as the written centerpiece of legal education. That will soon change – but its replacement has not been established. This paper argues that the legal academy should take this opportunity to implement an “open source” approach to future course materials. Guided by analysis and examples of commons-based peer production such as open source software, professors could establish electronic commons casebooks with a myriad of materials for every course. These joint databases would unshackle individual creativity while engendering collaboration on levels previously impossible. Although there may be concerns that such a …
Virginia Bar Exam, February 2005, Section 2
Virginia Bar Exam, February 2005, Section 2
Virginia Bar Exam Archive
No abstract provided.
Virginia Bar Exam, February 2005, Section 1
Virginia Bar Exam, February 2005, Section 1
Virginia Bar Exam Archive
No abstract provided.
The Devil In The Details: How Specific Should Catholic Social Thought Teaching Be? , Michele R. Pistone
The Devil In The Details: How Specific Should Catholic Social Thought Teaching Be? , Michele R. Pistone
Working Paper Series
The article explores Catholic social teaching's tradition of generality, and assesses the wisdom of, and potential for, change to a more specific orientation. The article enlightens the reader as to reasons for the traditional approach to Catholic social teaching, what might be gained by the articulation of a more concrete social teaching, the assertion that a more specific social teaching will require greater lay input, a suggestion for a possible mechanism for accomplishing this, and the benefits of greater lay input, particularly via the aforementioned mechanism. The article also makes some recommendations as to when, how, and to what degree …
Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman
Not The Evil Twen: How Online Course Management Software Supports Non-Linear Learning In Law Schools, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
In this article, I will discuss both how today's law students learn through technology, and also theories of personality types and learning styles. I will first review the few existing empirical studies on the subject. Next, I will discuss course Web sites and how they can support, not replace, what happens in the traditional law school classroom. Then, I will discuss how my law school implemented TWEN course Web pages, and discuss the results of a survey of TWEN usage by faculty members at Pace University School of Law. The survey indicates that although TWEN course Web sites have improved …