Legal Education Commons^™

The Chaotic Pseudotext, Paul F. Campos

Publications

No abstract provided.

Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson

Publications

Ms. Thompson explores the challenge of teaching law school faculty how to research effectively, especially in light of a unique "faculty culture" and differences in individual learning styles.

Book Review, Marianne Wesson

Publications

No abstract provided.

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

Faculty Scholarship

In attempting to predict and prescribe the future, my vision of the recent history of legal education differs from Professor Moliterno's in certain relevant ways.

I graduated from Law School in 1967. I learned largely through doctrinal courses that delivered steady training in thinking like a lawyer and information about areas of law. These courses exposed me and my classmates to legal lingo and to the standard types of legal arguments. We learned, largely by hearing the teacher and our fellow students, to make verbal moves and to see the strengths and limitations of others' argumentation skills and techniques. We …

The Odds Against Teaching Conflicts, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard Jr.

Faculty Scholarship

After all our efforts and all Keck's money, where are we? Some good has been accomplished. By committing its resources to the study of legal ethics, the W.M. Keck Foundation has encouraged law schools to pay attention to a subject all too often ignored. That itself is good. The money has made things happen. Schools have held conferences devoted to legal ethics that otherwise would not have been held;¹ schools have experimented with teaching programs in legal ethics that otherwise might have been left untried;' members of the practicing bar have had conversations and debates with academics about the …

Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth Samuels

All Faculty Scholarship

As a law teacher, I have observed these benefits of the case method, particularly with conducive appellate opinions and a skillfully assembled text. But I have also experienced, as I suspect most law teachers have, instances in which a case that lacks a sufficiently revealing narrative seems to mystify more than elucidate. One example is the case of Brown v. Voss, which appears in a number of property law casebooks, including the widely used Property by Jesse Dukeminier and James E. Krier. In Brown v. Voss the State of Washington Supreme Court departs, in a somewhat disingenuous way, from an …

Tomorrow's Law Schools: Globalization And Legal Education, Alberto Bernabe-Riefkohl

San Diego Law Review

This Article focuses on the globalization of world political and economic structures, and how this affects the legal community. The globalization movement opens opportunities for the expansion of the market of legal services, as well as affecting the availability and accessibility of those services. This movement places legal educators in a crucial juncture. This article describes the effects of globalization on legal education, and proposes changes for legal educators in order to help meet the challenge of preparing lawyers for practice in this rapidly changing world.

Our Perspective On Irac, Christina L. Kunz, Deborah A. Schmedemann

Faculty Scholarship

In this brief article, the authors present their view of IRAC, an acronym for Issue, Relevant law, Application to facts, and Conclusion. The authors conclude that IRAC can be taught so that students understand not only why it is useful as a thinking and writing tool, but also that proper use of it requires judgment and creativity. When IRAC is presented this way, the authors assert, it can serve first-year students well as they study legal writing. And they will operate accordingly, even without being aware of its influence, during their years as practicing lawyers.

Learning By Doing - Preparing Law Students For The Practice Of Law: The Legal Practicum, John O. Sonsteng, Roger S. Haydock

Faculty Scholarship

The MacCrate Report outlined ten skills that are essential for every practicing attorney and should ideally be taught in every law school. The Association of American Law Schools (AALS) concluded that these ten skills cannot be effectively obtained through every law school curriculum because of each school's individual, economic limitations. This article demonstrates how one law school—William Mitchell College of Law, in St. Paul, Minnesota—has , since 1984, incorporated a cost effective Legal Practicum course into its curriculum to help meet the MacCrate Report goal of providing the law student with the opportunity to learn and apply fundamental lawyering skills. …

Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg

Faculty Scholarship

Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …

Of Rat Time And Terminators, David R. Barnhizer

Law Faculty Articles and Essays

A version of rat time is being created within the legal profession as law schools pump 40,000 graduates a year into a saturated system. Understanding our present condition as a period of rat time can help us diagnose the problems of the legal profession, identify the future responsibilities of law schools and the profession, and create more effective solutions than the bandaids that have been proposed or applied thus far. This is particularly important because lawyers and law schools have lost their way. They are afraid to address their most troubling problems and to take the principled actions necessary for …

Teaching Commercial Law In The Third Year: A Short Report On A Business Organizations Commercial Law Clinic, John F. Dolan, Russell A. Mcnair Jr.

Law Faculty Research Publications

No abstract provided.

Some Thoughts On A More Humanist And Equitable Legal Education, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article starts with the premise that all teaching is a communication of values between student and teacher. An important challenge in confronting law is making it more inclusive and equitable. A critical step in this process is first recognizing one's own biases. Only then will genuine dialogue about the inherent biases in the legal profession and in law schools be possible. Making law schools more inclusive entails not only superficial changes, but an examination of what is taught, how it is taught and how students are evaluated.

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.

A Teacher's Trouble: Risk, Responsibility And Rebellion, Margaret Martin Barry, Lisa Lerman, Homer La Rue, Odeana R. Neal

All Faculty Scholarship

What follows is an edited transcript of a session at the 1995 Annual Meeting of the Association of American Law Schools, held in New Orleans, Louisiana, January 7, 1995. The meeting was a joint plenary session of the AALS Section on Professional Responsibility and the Section on Clinical Legal Education. The meeting was planned and the role plays were written by Professors Margaret Martin Barry and Lisa Lerman of The Catholic University of America and Professor Homer La Rue of Howard University.

The purpose of the program was to foster interaction among teachers of professional responsibility and clinical teachers about …

Business Lawyers And Value Creation For Clients, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

This Symposium marks an important milestone in legal scholarship and education: The spotlight falls on business lawyers for a change. Ten years ago, when one of us first wrote about what business lawyers really do, no one had devoted much attention to this part of the profession. In his broadside against lawyers, Derek Bok, then President of Harvard University and formerly dean of its law school, reserved his invective for litigators and the litigation process. Business lawyers captured the attention of very few critics; even on the unusual occasion when we were noticed, the criticism was at least funny. If …

Becoming Gentlemen: Women's Experiences At One Ivy League Law School, Lani Guinier, Michelle Fine, Jane Balin, Ann Bartow, Deborah Lee Stachel

Publications and Research

In this Article we describe preliminary research by and about women law students at the University of Pennsylvania Law School—a typical, if elite, law school stratified deeply along gender lines. Our database draws from students enrolled at the Law School between 1987 and 1992, and includes academic performance data from 981 students, self-reported survey data from 366 students, written narratives from 104 students, and group-level interview data of approximately eighty female and male students.' From these data we conclude that the law school experience of women in the aggregate differs markedly from that of their male peers.

Environmental Justice And The Teaching Of Environmental Law, Richard Lazarus

West Virginia Law Review

No abstract provided.

Playing The Game, Allan C. Hutchinson

Dalhousie Law Journal

Soccer is my game. It has been part of my life and, therefore, a part of me since before I can remember. Much of my early years was spent kicking a ball around in one setting or another. Sleeping or waking, I was never far from a soccer ball. On my own against a wall or with a couple of likeminded friends, I took the part of legendary favourites and played out some of soccer's great games. The stuff of boyhood fantasizing, some of my best memories can still be traced back to my grandfather's back yard or the local …

Education For A Public Calling In The 21st Century, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

The Poverty Of Socratic Questioning: Asking And Answering In The Meno, Thomas D. Eisele

Faculty Articles and Other Publications

This Essay examines Socratic teaching by investigating Socrates' practice in the Meno. Its companion essay, Bitter Knowledge: Socrates and Teaching by Disillusionment, examines Socratic teaching by investigating my own practice in law school today. They are meant to complement and to complicate one another, as they also are meant to extend and to supplement some of the views of Socratic teaching expressed in two earlier essays of mine: Thomas D. Eisele, Must Virtue Be Taught?, 37 J. LEGAL EDUC. 495 (1987) [hereinafter Eisele, Virtue]; and Thomas D. Eisele, "Never Mind the Manner of My Speech": The Dilemma of Socrates' Defense …

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

Faculty Articles and Other Publications

This symposium grew out of James Boyd White's Marx Lecture, given April 21, 1994, at the University of Cincinnati, and this issue owes its existence to some happy coincidences with that event. One coincidence was the idea occurring to a number of us that, as nice as it would be to publish Professor White's thoughts on the Crito in these pages of the Law Review, how much nicer still it would be to surround those thoughts, or to follow them, with the thoughts of other scholars in the field, showing how these others responded to the text discussed by White …

Law School: A Mortuary For Poets And Moral Reason, David R. Culp

Campbell Law Review

No abstract provided.

Using The Maccrate Report To Strengthen Live-Client Clinics, Ann Juergens

Faculty Scholarship

Clinical teachers can use the "MacCrate Report"—the Report of the ABA Task Force on Law Schools and the Profession: Narrowing the Gap and its Statement of Skills and Values—in a variety of ways to help live-client clinics. This paper assumes that the reader has basic background knowledge of the MacCrate Report. It also makes a fundamental judgment about the value and role of live-client clinics: it assumes that strengthening live-client clinics is important for the future of legal education. Strategies for negotiation for educational change, of course, must be tailored to each negotiation's context. Each law school has its own …

Thinking Like A Lawyer, Emily Calhoun

Publications

No abstract provided.

Values, Pierre Schlag

Publications

No abstract provided.

Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag

Vanderbilt Journal of Transnational Law

In this Article, Mr. Ostertag compares German and United States legal education. He believes that the differences in the two educational systems result from such factors as the separate development of the respective educational programs, the different training goals each system has for law students, and the relative significance of code law instruction and case method instruction. The author perceives a dichotomy between legal theory and practice, and he believes that law schools could bridge this gap through a comprehensive internship program that would expose students to all aspects of legal practice.

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

UF Law Faculty Publications

A “mature” science, according to Thomas Kuhn, can afford to be uncritical. It has finally answered to its practitioners' satisfaction the fundamental, foundational questions of their field. It finally rests (“for a time,” at least) on an established scientific achievement that epitomizes the accomplished, collective wisdom of an age and defines the terms, conditions, directions, and limits of further refining research. With this “paradigm” in place, researchers are spared the incessant and distracting reexamination of first principles, the extravagant costs of intellectual retooling; they can proceed with confidence, effectiveness, and efficiency to do what they do best: articulating and specifying …

"Skilling" Time, Peter B. Knapp

Faculty Scholarship

This article describes disagreements about the "MacCrate Report" on skills education for law students, as well as the connections between the Report's recommendations and legal education at William Mitchell College of Law. The final commentary focuses on what William Mitchell can do to further ensure that teaching prepares students for the learning they will have to do when they begin working as lawyers.