Legal Education Commons^™

Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj

Fordham Urban Law Journal

This Comment first outlines general conceptions of morality and moral development according to the widely accepted model promulgated by Professor Lawrence Kohlberg, and enunciates the importance of moral theory in the context of legal education. Next, it analyzes competing views of moral development and challenges some general concerns about the value of moral education in law schools. It then proposes the incorporation of moral teaching in the law school curriculum to remedy the disjunction between persona convictions and legal analysis stemming from the Langdellian method of legal training. Finally, it discusses the challenges to incorporating moral education into legal training. …

Torts Teaching: From Basic Training To Legal-Process Theory: Dominick Vetri, "Tort Law And Practice", Joseph A. Page

Georgetown Law Faculty Publications and Other Works

It was in the course of my meanderings through the torts-casebook landscape that I came upon Professor Dominick Vetri's entry in the field. The quality that first attracted me was the way it fashioned a user-friendly introduction to the study of law, to the uniqueness of the common law, and to the centrality of process. The book demonstrated an unusual sensitivity to the bewilderment of beginners and made a special effort to anticipate their needs and concerns. Yet what made Vetri's approach particularly intriguing was that it managed to play not only to nervous neophytes, but also to students in …

Legal Scholarship As A Vocation, David Luban

Georgetown Law Faculty Publications and Other Works

Law professors occupy a twin role as scholars and (most of them, at any rate) as lawyers. Deborah Rhode has pointed out, in her contribution to this symposium, that the lawyer role of the professor carries with it some frequently overlooked obligations, specifically the obligation to perform pro bono service. I agree with her, and have ventured similar arguments myself. Here I will address the more purely theoretical side of the legal scholar's vocation. The text I will take for my sermon is the famous speech on the scholar's role that Max Weber delivered to a student audience eighty years …

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.

New Modes Of Assessment, Greg Sergienko

San Diego Law Review

are extremely burdensome to grade. The purpose of this Article is to call attention to a variety of alternatives to this traditional format that are more accurate and less burdensome than traditional essay exams.2 Increasing accuracy makes it

possible to determine whether the instruction has been effective, allowing the instructor to address areas of weakness before the course ends and to improve future classes. Decreasing the burden of assessment of student learning allows for faster feedback, which is more effective.' Faster assessment also makes possible frequent assessment, and frequent assessment provides students with the information they need to improve, promoting …

Comments Of A Commissioner, Peter D. Ehrenhaft

Vanderbilt Journal of Transnational Law

These comments are solely the views of Peter D. Ehrenhaft, one of the twelve members of the ABA Commission on Multijurisdictional Practice. They are not the official views of the Commission and, indeed, may be modified by the presenter based on the further information the Commission is now gathering from interested parties. These comments are intended to stimulate thought and discussion of the issues and to encourage all sectors of the profession to submit their views to the Commission. The final deadline for the submission of written materials for the Commission's consideration in the preparation of its Initial Draft Report …

Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.

When Local Is Global: Using A Consortium Of Law Schools To Encourage Global Thinking, Nancy B. Rapoport

Scholarly Works

Dean Rapoport will discuss students and faculty consortia focusing on the North American Consortium on Legal Education (NACLE), which, among other things, promotes student and faculty exchanges between and among three law schools in the U.S., three in Canada, and three in Mexico.

The Brave New World Of Multidisciplinary Practice, John B. Attanasio

Journal of Legal Education

No abstract provided.

Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro

All Faculty Scholarship

I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Scholarly Articles in Law Reviews & Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.

Reconsidering The Reliance Interest, Christopher W. Frost

Law Faculty Scholarly Articles

This essay discusses the place of Fuller and Perdue's The Reliance Interest in Contract Damages in the contracts classroom. After first describing my use of The Reliance Interest, I will set out what I consider to be the pedagogical benefits of beginning the course with remedies and the attractiveness of Fuller and Perdue's analytical model in conveying an understanding of the remedial structure. Next, I will discuss the views of critics Craswell, Kelly and Barnes. Finally, I will revisit the place of Fuller and Perdue's work in the contracts course in light of these criticisms.

A Partial History Of Umkc School Of Law: The 'Minority Report', Robert C. Downs, Harry D. Pener, Steven D. Gilley

Faculty Works

In the modern era efforts at recruitment, selection, admission and retention of minorities to law school, while not always consistent, began and now continue to emphasize not only the manner in which a truly diverse student body enhances and enriches the learning experience of all students, but also the need to remedy the inequities and indignities visited by past discrimination. Any perspective on this law school's experience in minority recruitment, admissions and retention, necessitates at least an acknowledgment of the historical context in which the law school began and the social-political climate in which it developed. The announcement of the …

The Incredible Shrinking Law School, Phillip J. Closius

All Faculty Scholarship

The University of Toledo College of Law faculty and administration performed a task that may be unprecedented in modern American legal education. During a series of luncheon meetings we focused on the topic of enrollment--what size student body should we have given the realities of our market and the pedagogical goals we wish to achieve. We analyzed this issue without either an extensive reliance on our revenue stream or the risk of losing resources if we admitted fewer students. Since we administer both a full- and part-time (mainly evening) program, we also discussed our obligation to serve our metropolitan community …

Competition, Cooperation Or Cartel: A National Law School Accreditation Process For Canada?, Alvin Esau

Dalhousie Law Journal

Law schools in Canada are engaged in increased competition with one another and significant disparities in resources and reputations have developed. The author argues that this competitive context may be a threat to the maintenance in some schools of the broader mission of the law school to teach and produce contextual and critical perspectives on law. It is suggested that Canadian law schools should cooperate with each other and that various initiatives could be taken which would help all schools. Beyond cooperation on specific projects, the authorraises the question of whetherlawschools should set up theirown national accreditation scheme. He suggests …

Book Review Of From Expectation To Experience: Essays On Law And Legal Education, Robert P. Burns

Journal of Legal Education

No abstract provided.

Teaching The Cisg In Contracts, William S. Dodge

Journal of Legal Education

No abstract provided.

The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Seattle University Law Review

Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …

What Law Schools Are Doing To Accommodate Students With Learning Disabilities, Donald H. Stone

All Faculty Scholarship

The year 2000 marks the tenth anniversary of the 1990 passage of the Americans with Disabilities Act (“ADA”). It also marks a quarter century since the passage of the Education for All Handicapped Children Act (“EAHCA”). The EAHCA opened the doors for disabled children to receive a free and appropriate education. As a result of this special education law, many disabled young people were able to succeed and are now knocking at law schools' doors seeking admission.

On July 26, 1990, Congress enacted the ADA, a landmark civil rights bill designed to open up all aspects of American life to …

Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng

Faculty Scholarship

The MacCrate Report was published in 1992 and detailed the findings of a task force established by the American Bar Association. The purpose of the task force was to examine a perceived “gap” between legal education and law practice. The Report concluded that law schools needed to affirm their commitment to train students to practice effectively in the legal profession. This article analyzes the results of several surveys, each seeking to determine to what extent law schools provided Minnesota lawyers consistent training in the practice skills areas identified in the MacCrate Report. The findings discussed in this article were gleaned …

Of Learning Civil Procedure, Practicing Civil Practice, And Studying A Civil Action: A Low-Cost Proposal To Introduce First-Year Law Students To The Neglected Maccrate Skills, Raleigh Hannah Levine

Faculty Scholarship

This article proposes three exercises designed to help introduce law students to four of the lawyering skills that the American Bar Association's MacCrate Report has identified as fundamental, but that legal scholarship has largely ignored: factual investigation, client counseling, recognizing and resolving ethical dilemmas, and organization and management of legal work. My goal in devising these exercises has been to allow a professor teaching a traditional, first-year civil procedure class to incorporate them into her syllabus at low cost to herself (in terms of time expended and doctrine sacrificed) and to the law school as an institution (in terms of …

Animal Law -- The Casebook, Steven M. Wise

Animal Law Review

No abstract provided.

Practice, Policy, And Pedagogy In A Mandatory Environmental Law Course, Michael Allan Wolf, Joel B. Eisen

Law Faculty Publications

All students at the University of Richmond School of Law are required to complete a first-year course in Environmental Law, as an introduction to the strategies and technicalities of statutory and regulatory regimes. This requirement poses special pedagogical challenges for the instructors. How, for example, is the class to address pollution questions regarding diverse media? Which of the many federal and nonfederal statutory provisions deserve the most (and least attention)? How does the instructor hold the attention of, and gain the most effective work product from, students whose major interests lie outside the area of Environmental Law? What is the …

Deans Of Color Speak Out: Unique Voice In A Unique Role, Leroy Pernell

Journal Publications

These comments are a reflection on, and an expansion of, points made during the author’s introduction of the panel for “Deans of Color Speak Out,” presented as part of the First National Meeting of the Regional People of Color Legal Scholarship Conferences, and Deans of Color Legal Scholarship Conference.

Protecting A Space For Creativity: The Role Of A Law School Dean In A Research University, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

Teaching Corporate Law From An Option Perspective, Peter H. Huang

Publications

No abstract provided.

Clients Don't Take Sabbaticals: The Indispensable In-House Clinic And The Teaching Of Empathy, Philip Genty

Faculty Scholarship

After almost 12 years in law teaching, I approached my first sabbatical with a single goal: to free myself from cases. At that time my clinic clients were primarily parents who were involved in family court proceedings in which they were trying to preserve their parental rights and get their children out of the foster care system. Such cases are emotionally draining for both the client and the lawyer. Thus, while I welcomed the chance to have a semester off from teaching and attending faculty and committee meetings, I felt that I needed a break from the demands of lawyering …

Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post

Scholarly Works

No abstract provided.