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Legal education

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Full-Text Articles in Legal Education

Well-Timed Solutions For Legal Education And The Bar, William D. Henderson Jan 2018

Well-Timed Solutions For Legal Education And The Bar, William D. Henderson

Articles by Maurer Faculty

No abstract provided.


Ou Law Center For Technology And Innovation In Practice: Continuing The Commitment To Innovation, Melissa Caperton, Jonella Frank Nov 2017

Ou Law Center For Technology And Innovation In Practice: Continuing The Commitment To Innovation, Melissa Caperton, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


From The Dean, Joseph Harroz Jr. Nov 2017

From The Dean, Joseph Harroz Jr.

Sooner Lawyer Archive

No abstract provided.


A Revealed Preferences Approach To Ranking Law Schools, Brian L. Frye, Christopher J. Ryan Jr. Oct 2017

A Revealed Preferences Approach To Ranking Law Schools, Brian L. Frye, Christopher J. Ryan Jr.

Law Faculty Scholarly Articles

The U.S. News & World Report (U.S. News) “Best Law Schools Rankings” defines the market for legal education. Law schools compete to improve their standing in the U.S. News rankings and fear any decline. But the U.S. News rankings are controversial, at least in part because they rely on factors that are poor proxies for quality, like peer reputation and expenditures per student. While many alternative law school rankings exist, none have challenged the market dominance of the U.S. News rankings. Presumably the U.S. News rankings benefit from a first-mover advantage, other rankings fail to provide a clearly superior alternative, …


“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate Oct 2017

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.


The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum, Vanita S. Snow Sep 2017

The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum, Vanita S. Snow

Pace Law Review

No abstract provided.


Eying The Body: The Impact Of Classical Rules For Demeanor Credibility, Bias, And The Need To Blind Legal Decision Makers, Daphne O’Regan Sep 2017

Eying The Body: The Impact Of Classical Rules For Demeanor Credibility, Bias, And The Need To Blind Legal Decision Makers, Daphne O’Regan

Pace Law Review

This Article focuses on law students and attorneys, not parties, witnesses, experts, and others. Part I briefly provides background: the pivotal role of classical rhetoric in western education, including the United States, the dispositive position of demeanor credibility in oral trial, and the persistent doubts about its reliability—doubts turned into certainty over two decades of research. Part II compares modern and ancient manuals to explain the rules of elite demeanor and its ideological claim to truth. Part III compares ancient and modern understanding of popular delivery; that is, choices in non-verbal communication that run counter to the elite rules and …


A Blueprint For A Fairer Aba Standard For Judging Law Graduates’ Competence: How A Standard Based On Students’ Scores In Relation To The National Mean Mbe Score Properly Balances Consumer Safety With Increased Diversity In The Bar, William Wesley Patton Sep 2017

A Blueprint For A Fairer Aba Standard For Judging Law Graduates’ Competence: How A Standard Based On Students’ Scores In Relation To The National Mean Mbe Score Properly Balances Consumer Safety With Increased Diversity In The Bar, William Wesley Patton

Washington and Lee Journal of Civil Rights and Social Justice

Current and recently proposed American Bar Association (ABA) standards regarding students’ bar passage rates have a significant disparate impact on states that have adopted difficult bar examination passage standards (the Multistate Bar Exam (MBE cut scores). Many scholars have demonstrated that the ABA bar passage standards have a negative impact on diversity in the bar by discouraging law schools from enrolling large numbers of minority students, who have, traditionally, performed below state mean in passage rates on the exam. This study presents a new and supplemental standard for the ABA to use in monitoring student outcome measures and law schools’ …


Law As Instrumentality, Jeremiah A. Ho Sep 2017

Law As Instrumentality, Jeremiah A. Ho

Marquette Law Review

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, continues to influence the inductive methodologies used today to impart knowledge in American legal education. This lasting influence of the Langdellian scientific conception of law has persisted even as the present crisis in legal education has engendered other reforms. However, subsequent movements of legal thought have revealed …


John Marshall, The Great Chief Justice, William & Mary Law School Aug 2017

John Marshall, The Great Chief Justice, William & Mary Law School

Popular Media

John Marshall, the nation's fourth chief justice, was among the first to study law at W&M.


Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin Jun 2017

Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin

Presentations

Our students have to learn so many new skills to be successful in law school and law practice. Legal research, client interviewing, and case analysis just for starters. Our teaching methods have to engage our students while preparing them to “think like a lawyer.” We also have the responsibility to familiarize students in evaluating the “benefits and risks associated with relevant technology” and to develop efficient practices and processes. The speakers will look at decision making models that are practical and useable.

One speaker will discuss his experiences in a clinical setting using decision trees, teaching his students to visualize …


Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy Jun 2017

Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy

Presentations

Being a competent attorney means being a competent technologist. ABA Model Rule 1.1 (Competence) requires all lawyers to stay abreast of technology even if they still use a Dictaphone and typewriter and think “the cloud” refers to the fluffy white stuff in the sky. It can be malpractice to misuse or misunderstand technology, and this misuse can take many forms. Lack of familiarity with technology can lead to improper production of confidential information, delays in litigation, wasting time and client funds, ending up on Above the Law (and not in a good way), and more.

Legal technology courses are becoming …


Technology And The Classroom: Bringing Twenty-First Century Technologies To The Law Library, Darin K. Fox May 2017

Technology And The Classroom: Bringing Twenty-First Century Technologies To The Law Library, Darin K. Fox

Other Faculty Publications

No abstract provided.


“Best Practices”: A Giant Step Toward Ensuring Compliance With Aba Standard 405(C), A Small Yet Important Step Toward Addressing Gender Discrimination In The Legal Academy, Kristen K. Tiscione Apr 2017

“Best Practices”: A Giant Step Toward Ensuring Compliance With Aba Standard 405(C), A Small Yet Important Step Toward Addressing Gender Discrimination In The Legal Academy, Kristen K. Tiscione

Georgetown Law Faculty Publications and Other Works

In March 2014, the American Bar Association (ABA) voted to leave Accreditation Standard 405 undisturbed.” The ABA’s decision required law schools to continue to grant tenure to traditional law faculty, yet permitted them to continue to deny tenure to clinical and legal writing faculty. At the same time, recognizing the need for increased professional skills training, the ABA voted to increase the number of experiential credits law students must complete from one to six. As explained to the ABA Council in advance, these two decisions work together to increase the demands on skills faculty, who are predominantly female, yet keep …


The Care And Feeding Of Law Student Research Assistants, Alyssa Dragnich, Rachel H. Smith Apr 2017

The Care And Feeding Of Law Student Research Assistants, Alyssa Dragnich, Rachel H. Smith

Faculty Publications

(Excerpt)
Hiring, training, managing, and mentoring research assistants can be highly gratifying. When it works well, the relationship between a professor and a research assistant (RA) can be a distillation of all the best parts of teaching legal writing. It benefits professor and student. It results in a bond of friendship and collegiality. It produces useful and thoughtful work.

But it can also go horribly wrong. The relationship can be a waste of student and professor time and energy. The professor can feel burdened, rather than assisted. The student can feel confused and underappreciated. As any professor knows who has …


Virginia Bar Exam, February 2017, Section 1 Feb 2017

Virginia Bar Exam, February 2017, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2017, Section 2 Feb 2017

Virginia Bar Exam, February 2017, Section 2

Virginia Bar Exam Archive

No abstract provided.


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 …


Table Of Contents Jan 2017

Table Of Contents

Journal of Experiential Learning

No abstract provided.


Research Note: Using Experiential Learning In A Pipeline To Careers In Law Program For First-Generation University Women, Sandi Dimola, Allyson M. Lowe Jan 2017

Research Note: Using Experiential Learning In A Pipeline To Careers In Law Program For First-Generation University Women, Sandi Dimola, Allyson M. Lowe

Journal of Experiential Learning

No abstract provided.


Four Variations In Delivery And Design Of Mock Trial For The Undergraduate Student, Kyle C. Kopko, Grant Keener, Paula Knudsen-Burke, Dianne Mcdonald, William S. Schweers, Michael Vitlip Jan 2017

Four Variations In Delivery And Design Of Mock Trial For The Undergraduate Student, Kyle C. Kopko, Grant Keener, Paula Knudsen-Burke, Dianne Mcdonald, William S. Schweers, Michael Vitlip

Journal of Experiential Learning

No abstract provided.


A Lawyer's Experience In K-12 Law-Related Education: Lessons And Opportunities, David A. Scott Jan 2017

A Lawyer's Experience In K-12 Law-Related Education: Lessons And Opportunities, David A. Scott

Journal of Experiential Learning

No abstract provided.


Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller Jan 2017

Cultural Brokers In The Changing Landscape Of Legal Education: Associate Deans For Experiential Education, Binny Miller

Journal of Experiential Learning

No abstract provided.


Experiential Legal Writing Before Law School: Undergraduate Judicial Opinions, Tom Rozinski Jan 2017

Experiential Legal Writing Before Law School: Undergraduate Judicial Opinions, Tom Rozinski

Journal of Experiential Learning

No abstract provided.


Implementing A Professional Development Approach To Pre-Law Advising: How To Build A Bridge To Law School And The Legal Profession Through Legal And Professional Development Courses, Professional Societies And Mentoring, Karen Graziano Jan 2017

Implementing A Professional Development Approach To Pre-Law Advising: How To Build A Bridge To Law School And The Legal Profession Through Legal And Professional Development Courses, Professional Societies And Mentoring, Karen Graziano

Journal of Experiential Learning

No abstract provided.


Barriers To Entry: Putting It Together, School By School, Jay Gary Finkelstein Jan 2017

Barriers To Entry: Putting It Together, School By School, Jay Gary Finkelstein

Journal of Experiential Learning

No abstract provided.


Introduction: Exploring Undergraduate Experiential Learning, Diana D'Amico Juettner, Guest Editor Jan 2017

Introduction: Exploring Undergraduate Experiential Learning, Diana D'Amico Juettner, Guest Editor

Journal of Experiential Learning

No abstract provided.


My Grandmother Was Mrs. Palsgraf: Ways To Rethink Legal Education To Help Students Become Lawyers, Rather Than Just Thinking Like Them, Ian Gallacher Jan 2017

My Grandmother Was Mrs. Palsgraf: Ways To Rethink Legal Education To Help Students Become Lawyers, Rather Than Just Thinking Like Them, Ian Gallacher

College of Law - Faculty Scholarship

This article uses my family history, and its striking similarities to the Palsgraf case, as a starting point for a consideration of the ways law schools teach the law to their students, the problems that approach appears to cause, and some possible alternative, and potentially healthier, approaches to legal education.

My grandmother, grandfather, mother, and uncle were all in a house that was blown-up and destroyed by a bomb during the Second World War. And while the cause of the explosion was very different to that in Palsgraf, the fact of an explosion that drastically changed the lives of …


Standard 405 And Terms And Conditions Of Employment: More Chaos, Conflict And Confusion Ahead, Joseph P. Tomain, Donald J. Polden Jan 2017

Standard 405 And Terms And Conditions Of Employment: More Chaos, Conflict And Confusion Ahead, Joseph P. Tomain, Donald J. Polden

Faculty Articles and Other Publications

In 2008, the Section on Legal Education and Admissions to the Bar of the American Bar Association commenced a comprehensive review of the accreditation standards for American legal education. By July of 2011, most of the revised standards and rules of procedure had been drafted, discussed and approved by the section's Standards Review Committee ("SRC") and were ready for submission to the council. However, the SRC's revised accreditation policies were not submitted for action by the council until 2014, more than six years after the review process began, as a result of decisions made by section leaders. The revised standards …


Fred Cheever - The Denver Law Ideal, Martin J. Katz Jan 2017

Fred Cheever - The Denver Law Ideal, Martin J. Katz

Sturm College of Law: Faculty Scholarship

Fred was a mythical figure at Denver Law. Truly. I arrived at the school in the fall of 2000, while Fred and his family were overseas on sabbatical. From the first day I arrived, people would say, ""You have to meet Fred. He is the greatest."" He was billed as the greatest mentor, the greatest teacher, the greatest scholar, and the most thoughtful addition to any endeavor we might be contemplating. As the accolades for Fred-in-absentia piled up, I became convinced that Fred did not actually exist; that he was a mythic hero created by my colleagues to describe their …