Legal Education Commons^™

Repealing The Statute Of Wizarding Secrecy In Legal Education, Mark Burge

Faculty Scholarship

In the fictional Harry Potter universe, J.K. Rowling has fashioned a parallel world based on our own, but with the fundamental difference of a separate magical society grafted onto it. In Rowling’s fictional version, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and was brought about by centuries-long hostility toward wizards by the non-magical majority. But what if secrecy is precisely the wrong approach? What if widespread wizard-Muggle collaboration were precisely the thing needed to address the enormous and pressing problems of the day?

The …

Korean Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee

Washington International Law Journal

In 2009, Korea implemented a law school educational system, which not only changed the legal education system, but the legal landscape as a whole. This has led to rapid growth in the number of attorneys. Although the increased number of attorneys has resulted in lower barriers to accessing justice, it has also brought the unintended consequence of cut-throat competition. With the number of disciplinary actions rising by four-fold in the last three years, the current version of the Korean Code of Ethics for Attorneys is certainly a step in the right direction but may not be enough to strengthen attorneys’ …

Dean's Perspective: The Bar Exam: It's Time For Indiana To Adopt A Uniform Bar Exam, Austen L. Parrish

Articles by Maurer Faculty

For most of us, the Bar Exam conjures up memories of grueling prep courses, intensive studying, and a couple of long days of exhaustive tests. In a way, the exam is the final rite of passage from law student to law practitioner. The exam is intended to test minimal professional competency, evaluating an applicant's legal reasoning and ability to apply general legal principles to various fact patterns.

Recently, bar exams throughout the United States have come under scrutiny. Nationwide pass rates have declined significantly. The same has been true for Indiana. Even though pass rates for first-time takers at the …

The Beatitudes, Lawyers, And Bob Cochran, Amelia J. Uelmen

Pepperdine Law Review

Written on the occasion of a celebration of the work and scholarship of Bob Cochran, this reflection draws on his scholarship and also on his teaching and work to build vibrant communities of commitment, service, and scholarship at the intersection of religion, law, and professional life. Working with the text of the Beatitudes from the Gospel of Matthew, the essay highlights the value of how Bob Cochran has aimed not only to “do good,” but also to “be good” in a world and in a profession where it seems increasingly difficult to do so. His legacy offers a powerful inspiration …

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.

Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda

NYLS Law Review

No abstract provided.

Teaching With Feminist Judgments: A Global Conversation, Susan Frelich Appleton, Gabrielle J. Appleby, Ross Astoria, Linda L. Berger, Bridget J. Crawford, Sharon Cowan, Rosalind Dixon, Troy Lavers, Andrea L. Mcardle, Elisabeth Mcdonald, Teri A. Mcmurtry-Chubb, Vanessa Munro, Kathryn M. Stanchi, Pam Wilkins

Scholarship@WashULaw

This conversational-style essay is an exchange among fourteen professors — representing thirteen universities across five countries — with experience teaching with feminist judgments. Feminist judgments are “shadow” court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.

This essay begins to explore …

It’S Complicated: Reflections On Teaching Negotiation For Women, Rebecca E. Hollander-Blumoff

Scholarship@WashULaw

What does it mean to be a woman negotiator? In the two decades that I have been teaching negotiation, I have encountered a wide range of human behavior in the negotiation setting. Individuals run the gamut in terms of their strategies, tactics, worldviews, charisma, perspicacity, flexibility, and other factors that affect negotiation behavior and negotiation outcomes. But one area that negotiation students are always curious about—be they top executives, law students, government employees, lawyers, or doctors—is the role of gender in negotiation. The maddening but intriguing answer to this question is the same as the answer to many other questions …

The 2019-20 Survey Of Applied Legal Education, Robert R. Kuehn, Margaret Reuter, David A. Santacroce

Scholarship@WashULaw

This report presents the results of the 2019-20 Center for the Study of Applied Legal Education (CSALE) Survey of Applied Legal Education. The survey was composed of two parts – a Master Survey directed to ABA accredited U.S. law schools and a Sub-Survey distributed to each person teaching in a law clinic or field placement course. Ninety-five percent of law schools and over 1,300 clinical teachers participated in the survey. The results provide valuable insight into clinical programs and law clinic and field placement courses in areas such as design, capacity, administration, funding, and pedagogy, and into the role and …

The "Other" Market, Cody Jacobs

Faculty Scholarship

The hiring market for tenure-track non–legal writing positions is a world unto itself with its own lingo (i.e., “meat market” and “FAR form”), its own unwritten rules (i.e., “Do not have two first-year courses in your preferred teaching package.”), and carefully calibrated expectations for candidates and schools with respect to the process and timing of hiring. These norms and expectations are disseminated to the participants in this market through a relatively well-established set of feeder fellowships, visiting assistant professor programs, elite law schools, blogs, and academic literature on the subject.

But there is another market that goes on every year …

Mindsets In Legal Education, Victor D. Quintanilla, Sam Erman

Articles by Maurer Faculty

If you teach 1Ls, you may share the following concern. At the start of each year, we meet enthusiastic and successful students who are passionate about law. They arrive on campus invested in learning, ready to work hard, and eager to participate in class. But trouble brews soon thereafter. Students worry whether they have what it takes to do well, whether they will fit in, and whether they belong in law school. Answering questions in class, many sense (rightly or wrongly) that their professors and peers think that they aren’t smart and that they will not do well. When they …

The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson

Articles by Maurer Faculty

"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."

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You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.

The next line reads, “I’m thinking about going to law school.”

Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?

Whatever your counsel, …

Under Pressure: How Incorporating Time-Pressured Performance Tests Prepares Students For The Bar Exam And Practice, Sabrina Defabritiis, Kathleen Elliott Vinson

West Virginia Law Review

No abstract provided.

Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Ask A Director Making The Library More Accessable, Lorelle Anderson

Library Faculty Publications

No abstract provided.

Rebooting Empathy For The Digital Generation Lawyer, Lauren A. Newell

Law Faculty Scholarship

There is a growing preference in today’s technology-saturated society for online interaction via email, text messages, social networks, and instant messaging, rather than real-world interaction through face-to-face or telephonic conversations. For today’s young people—the Digital Generation—this is more than a mere preference; it is a way of life. Research indicates that the movement toward virtual communication comes with negative consequences, such as poor real-world communication skills and underdeveloped social skills. Most significantly, research suggests that the Digital Generation are less empathic than elder generations are. Some researchers speculate that the rising prominence of information and communication technologies (ICTs) in everyday …

Case Western University Law School Library: 125 Years, Joseph A. Custer

Faculty Publications

Professor Custer describes the first 125 years of the Case Western Law School Library’s history, including its collections, facilities, renovations, staff, budget, evolving research and automation technologies, contributions to legal instruction, and involvement with technological advances in the legal information community.

Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Accidental Scholar: Navigating Academia As A Clinician And Reflecting On Intergenerational Change, Binny Miller

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Drawing on my own experience as alumni of the Indigenous Blacks & Mi’kmaq Initiative at the Schulich School of Law at Dalhousie University—one of the only dedicated access program in a Canadian law school for Black and Aboriginal students—I argue that such programs create optimal conditions for fostering greater awareness of critical race issues within the legal profession. The reason for this is that such programs create a critical mass of Black and Aboriginal law students and alumni, who support and encourage each other and, as a result, acquire confidence and skill in raising, and educating others about, critical race …

The Pink Ghetto Pipeline: Challenges & Opportunities For Women In Legal Education, Renee N. Allen, Alicia Jackson

Journal Publications

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.

The term coined for positions typically held by women is "pink ghetto." According to the Department of Labor, pink-collar-worker describes jobs …

Law School Specialty Program Rankings: Is The Tail Wagging The Dog?, Robert R. Kuehn

Scholarship@WashULaw

In addition to its annual ranking of law schools, U.S. News ranks nine law school specialty programs. This year, U.S. News asked survey participants to rate specialty programs on a new 5-point scale mirroring the method used to assess the academic reputation of schools among peers and lawyers/judges. The program rankings show a noticeable bunching of law schools ranked highest by U.S. News also at the top of most specialty programs and an overpopulation of lowest ranked schools at the bottom.

To examine the strength of the relationship between a school’s peer assessment and specialty program reputation, scores for each …

Challenges To Legal Education, Clinical Legal Education, And Clinical Scholarship, Peter A. Joy

Scholarship@WashULaw

This essay analyzes the challenges to legal education and what those challenges may mean both to clinical legal education and to clinical scholarship. Since the Great Recession, several law schools have closed, some have merged, and still other law schools approved by the American Bar Association (ABA) have been found out of compliance with ABA Accreditation Standards and either have been directed to take specific remedial action, have been placed on probation, or have lost ABA-approval. While enrollment has rebounded at some law schools, other law schools have continued to experience much smaller entering classes than the entering class in …

A Study Of The Relationship Between Law School Coursework And Bar Exam Outcomes, Robert R. Kuehn

Scholarship@WashULaw

The recent decline in bar exam passage rates has triggered speculation that the decline is being driven by law students taking more experiential courses and fewer bar-subject courses. These concerns arose in the absence of any empirical study linking certain coursework to bar exam failure.

This article addresses speculation about the relationship between law school coursework and bar exam outcomes. It reports the results of a large-scale study of the courses of over 3800 graduates from two law schools and the relationship between their experiential and bar-subject coursework and bar exam outcomes over a ten-year period. At both schools, the …

Second Mode Inclusion Claims In The Law Schools, Kenneth W. Mack

Fordham Law Review

During the past half-decade, law school student demands for changes in legal education to address issues of diversity and inclusion have both proliferated and grown insistent. Although the demands are somewhat varied, they have sometimes stretched far beyond the admission and hiring of more students and faculty from minority groups. Students have advocated for basic changes in the way that law schools operate in order to make them more inclusive of groups that have been historically marginalized within these institutions.

The Need To Revisit Legal Education In An Era Of Increased Diagnoses Of Attention-Deficit/Hyperactivity And Autism Spectrum Disorders, Heidi E. Ramos-Zimmerman

Dickinson Law Review (2017-Present)

The ever-fluctuating rhetoric from experts, in the field of neurodevelopmental disorders, has led to outdated notions and perplexity surrounding attention deficit/hyperactivity disorder (ADHD) and autism spectrum disorders (ASD). This Article tries to clarify some of the confusion. Better understanding of these disorders is imperative for today’s law professor, since law schools are likely admitting more students diagnosed with ADHD and ASD. This Article discusses the need for change in legal instruction and explores the link between the two disorders. An examination of recent history illuminates some of the commonly held misunderstandings and highlights the disparity in the diagnoses of ADHD …

Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully

Dickinson Law Review (2017-Present)

In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students …

If You Build It, They Will Come: What Students Say About Experiential Learning, David I. C. Thomson, Stephen Daniels

Florida A & M University Law Review

Our purpose here is to explore one of the “natural experiments” cited by the Task Force: the Experiential Advantage (EA) program at the University of Denver’s Sturm College of Law (Denver Law). EA was developed as a part of a greater general focus on experiential learning and is built upon the three “Carnegie Apprenticeships” – “the intellectual or cognitive,” “the forms of expert practice,” and “identity and purpose.” It was implemented at Denver Law starting with students entering in August 2013. To explore this natural experiment, we took a particular route and did so for what we see as good …

Practice And Fitness Making Writing Perfection More Nearly Attainable, Heather Ridenour, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.