Legal Education Commons^™

Panel Discussion: Mindfulness In The Law School Environment, Erika George, Nicky Boothe, Kellyn O. Mcgee

Faculty Scholarship

A 2016 study of 13,000 lawyers conducted by American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation found that approximately 28 percent struggle with depression, 19 percent anxiety and 23 percent stress.¹² The study found “younger lawyers in the first ten years of practice and those working in private firms experience the highest rates of problem drinking and depression.”¹³ At least one study suggests that 40-70 percent of disciplinary proceedings and malpractice claims against lawyers involve substance abuse or depression.

According to a 2016 Survey of Law Student Well-Being including over 3,300 law …

Sharing The Tuna Platter: A Uniform System Of Assessment For Clinical Education, Melina Healey

Scholarly Works

Legal education’s current methods for the measurement of student achievement in clinics, and the measurement of a clinic course’s effectiveness, are often unsatisfying, unreliable, and incomplete. This article presents a methodology for uniform and integrated systems of assessment across clinical programs that can provide more reliable evaluation of student progress and achievement, and better feedback to clinical programs on their effectiveness. It also shares how Touro University Jacob D. Fuchsberg Law Center’s Clinical Program applied these strategies with both success and challenges.

Current Higher Education Legal Issues And The Roles Of Legal Leadership On Campus, Louis H. Guard, Joyce P. Jacobsen, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Curious Case Of The Law Review Editor: A Study Of Higher Education's Peculiarly Powerful Students, David R. Wright

Theses and Dissertations--Educational Policy Studies and Evaluation

Many law students in their second or third year enroll in student-led, high-impact co-curricular programs such as law journals, moot court teams, and trial competition teams. Law journals particularly demand significant portions of students’ time and energy, especially for students holding Editor-in-Chief positions on a journal. Much has been written about law journals as institutions or about their utility in modern legal education; but little is known about the actual expectations and experiences of the students leading them. Few, if any, studies exist examining the student experience in law journal leadership. How student editors spend their time running their journal …

Restorative Justice And Building Communities Of Radical Belonging In The Law School Classroom, Aparna Polavarapu

Scholarly Works

No abstract provided.

Bar Examination: A Verb, Not A Noun, Marsha Griggs

All Faculty Scholarship

The legal profession, long steeped in tradition, is witnessing a transformative shift in the protocols for licensing new attorneys. Multiple jurisdictions are moving away from reliance on standardized testing as the sole gateway to law practice and are developing individualized (and potentially reciprocal) systems of state licensure. Ironically, the planned launch of a new standardized exam—the NextGen bar exam—appears to be a major catalyst in the transformation of state licensure pathways. This shift has the potential to realign the regulatory hierarchy in attorney admission. Such a realignment is vital to the preservation of lawyer self-governance, and it offers great promise …

Expanding Access To Justice Through Regulatory Reform And Innovation: Arizona Lessons From The Past, Present, And Future, Samuel A. Thumma

University of Cincinnati Law Review

No abstract provided.

Cardozo Law News Brief: December 20, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Gary Galperin
• Luis C. Calderon Gomez
• Matthew Wansley
• Samuel Weinstein
• Edward Zelinsky

Campus News:

• Presiding Justice Dianne T. Renwick '86 of the Appelate Division, First Department, To Receive Advancement of Judicial Diversity Award From the New York State Bar Association

From Evictions To Innovations: The 2024 Access To Justice Symposium In Review, Pavan Parikh, Nick Zingarelli

University of Cincinnati Law Review

No abstract provided.

Ontological Inquiry In The World Of Law: Bringing Forth Subjective Experiencing From The Shadows, Margarida Garcia

Turning Toward Being: The Journal of Ontological Inquiry in Education

This article explores how we assess the value of ontological inquiry in the world of law, and to that end, it seeks to bring forth “seeings” that show up when we open the “curtains” of law, and engage the world of law as a field of subjective experience. By revisiting subjective impressions left from participation in the world of law, and that, for the most part, have remained unexamined, the author imagines what an “ontologically sensitive” approach to legal education, practice, and scholarship might look like and be if more space was given to those who participate in those …

Cardozo Law News Brief: December 13, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Anthony Sebok
• Jessica Roth
• Young Ran (Christine) Kim
• Edward Zelinsky

Campus News:

• Scientist Zafra Lerman to Receive Cardozo’s 24th Annual International Advocate for Peace Award in March
• Cardozo's Civil Rights Clinic Files Brief in Solitary Confinement Lawsuit Against Mayor Eric Adams

Scientist Zafra Lerman To Receive Cardozo’S 24th Annual International Advocate For Peace Award In March, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Scientist, educator, and humanitarian Dr. Zafra Lerman will be honored with Cardozo School of Law’s 24th International Advocate for Peace Award on March 6, 2025. Presented annually by the Cardozo Journal of Conflict Resolution, this award recognizes individuals and organizations who demonstrate excellence in conflict resolution. Lerman is being recognized for her work as President of the Malta Conferences Foundation, where she brings together scientists from historically hostile countries in the Middle East to collaborate on issues such as environmental health and energy. She is also a renowned advocate for scientific freedom and human rights.

The New Glass Ceiling, Andrea K. Schneider, Abigail R. Bogli, Hannah L. Chin

Articles

Until the last decade, gender inequality in the legal profession was selfevident. Law school classrooms and law firm offices were overwhelmingly filled with men. In recent years, women have outnumbered men in law school classes and reached parity with men among first-year associates. These developments have created the misperception that gender equality has been achieved. In this Article, we challenge this complacency. We present new evidence from a detailed case study of law firms in a midsize city, showing that women remain underrepresented in leadership roles and underpaid relative to their colleagues. We then show how the limited opportunities and …

The Constitution Without Tears, Gene Carter

Maine Law Review

The coming plethora of Bicentennial speeches and activities are intended to provide occasions for public figures and private persons to say something helpful to a current and realistic understanding of the role of the Constitution in our daily lives; and, hopefully, something at least modestly expository of our duties as citizens of American constitutional democracy.

The Afro-American And The Constitution: Colonial Times To The Present, James L. Watson

Maine Law Review

The theme of this essay is the Afro-American and the Constitution: Colonial Times to the Present. When I was told about this theme, my first reaction was to follow the advice of the famous black philosopher, Satchel Paige, who said, "Don't look back because what is behind you might be catching up." My discipline, however, forced me to look back at the Constitution and particularly how it has affected black Americans.

A Commemorative, Eric Robert Herlan Editor-In-Chief

Maine Law Review

In this issue the Maine Law Review joins in the national celebration of the Bicentennial of the United States Constitution. Three distinguished federal judges, all of whom are intimately familiar with that great document, have kindly contributed essays to the Review based on speeches they have earlier given for the Bicentennial. We are happy to present these essays, each of which has an important perspective on the Constitution, as our commemorative on this special occasion.

A Genealogy Of Founders, Frank M. Coffin

Maine Law Review

Two hundred years ago this spring George Washington wrote to our fellow Mainer, General Henry Knox, that because of the illness of his mother he would not be able to attend the Philadelphia Convention. If her health had not speedily improved, we might have had quite a different kind of Bicentennial, for both Washington and Benjamin Franklin, though largely silent in the debates, were palpable sources of strength. As it is, we have the happy occasion to celebrate what Everett Ladd has called "the expression of a nation-defining consensus on political values," our nationalizing principle, the one supreme bond linking …

Civil Rights Clinic Files Brief In Solitary Confinement Lawsuit Against Mayor Eric Adams, Cardozo Civil Rights Clinic

Cardozo News 2024

The New York City Council and Public Advocate Jumaane Williams filed a joint lawsuit to invalidate New York City Mayor Eric Adams’ emergency executive orders that suspend parts of Local Law 42, which bans solitary confinement in city jails. Cardozo School of Law’s Civil Rights Clinic represents the #HALTsolitary Campaign & Jails Action Coalition. Clinic students Elisa Davila ’26 and Ciara Lavin ’26, along with Clinic Director Professor Betsy Ginsberg, are filing an amicus brief on their behalf. The organizations joined public defenders’ offices and the New York Civil Liberties Union as amici to the case.

Cardozo Law News Brief: December 6, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Ellen Drucker-Albert
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Anthony Sebok
• Matthew Wansley
• Samuel Weinstein
• Richard Weisberg
• Edward Zelinsky

Clark Memorandum: Fall 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• No Room for Compromise: Religious Polarization in the United States
• A Banking Lawyer’s Perspective on the Kirtland Safety Society Anti-Banking Company
• Hope in Dark Times
• Becoming a Master of Your Thoughts

Cardozo's Perlmutter Center For Legal Justice Helps Vacate Convictions Of Four Men Falsely Accused Of 1991 Murder, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

Lorain County, OH, Prosecutor J.D. Tomlinson Moves to Vacate Convictions of Four Men Falsely Accused of 1991 Murder

Defendants Collectively Served More than 100 Years in Prison; Joint Motion for Exoneration by all Parties Follows Rally Last Week for the “Ohio 4” Lorain, OH (December 2, 2024)

Professor Jessica Roth Speaks To Bloomberg About Hunter Biden Pardon, Jessica A. Roth

Cardozo News 2024

Professor Jessica Roth appeared on Bloomberg's Balance of Power to discuss President Joe Biden's recent pardoning of his son, Hunter Biden, why Biden pardoned him and why President Biden decided to pardon his son now.

Pclj At Cardozo Shares Statement From Ohio Prosecutor Tomlinson On Vacating Conviction Of "Ohio 4", Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

Statement by Lorain, OH Prosecutor J.D. Tomlinson On Vacatying Conviction of Four Ohio Men Convicted of 1991 Murder

W&L Law Library Newsletter, Vol. 4, Iss. 1 (Dec. 2024), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 4, Issue 1 (December 2024).

Developing A Professional Identity: Lessons For Women, Bipoc, And First-Generation Law Students From The Canaries In The Coalmines, Christine M. Venter

Michigan Journal of Gender & Law

This Article explores the concept of professional identity formation in the law, particularly as it pertains to women and lawyers of color. The topic of professional identity formation is an understudied area in legal education, despite the ABA’s new Standard 303(b)(3), which requires law schools to provide substantial opportunities for the development of professional identity. In the legal field, professional identity is often conflated with professionalism, which leads to confusion about how law schools should best prepare their students for their professional lives, and fails to fully equip students to join the profession.

Studies from other professions have shown that …

How Attorneys Can Be Quasi-Mediators, John Lande

Faculty Publications

This distills insights from a forthcoming article, How Can You Turn Adversarial Attorneys into Quasi-Mediators? The article is a Theory Meets Practice column in CPR’s Alternatives magazine that summarizes a discussion with members of the Association of Attorney-Mediators.

Attorneys acting as quasi-mediators prefer to be cooperative and use mediation techniques but they aren’t neutral. They tailor their actions based on their clients’ preferences and the other side’s approach. Another term for quasi-mediators is “good lawyers.”

Based on the forthcoming article and the Real Practice Systems Project Menu of Mediation Checklists, this two-page article lists things that mediators can do to …

Book Review: Transformative Negotiation: Strategies For Everyday Change And Equitable Futures, Peter R. Reilly

Faculty Scholarship

This volume makes an immense contribution to the field of negotiation and to dispute resolution more generally. The book covers a vast amount of ground, effectively connecting theory to practice and harnessing large amounts of research to support its arguments and advice. Perhaps most importantly, this reviewer found reading the book to be—as the title suggests—a transformative experience.

Reshaping Intellectual Property Scholarship From Within, Peter K. Yu

Faculty Scholarship

Written for the Symposium collecting papers from the Race + IP 23 Conference, this article explores intellectual property scholarship that has been either overlooked or marginalized. Because scholars of color are often outsiders looking in, the article identifies opportunities to reshape intellectual property scholarship from within. Even though the focus of this article was chosen with readers of this Symposium in mind, its insights will be relevant to all scholars.

This article begins by calling on scholars to develop a deeper appreciation of the intrinsic motivations of authors and inventors. It then discusses the oft-overlooked inequalities of creativity and innovation …

The Seven Essential Law School Simulation Courses, Mitch Zamoff

Utah Law Review

As we mark the ten-year anniversary of the American Bar Association’s six-credit experiential learning requirement and the launch of the NextGen bar exam, it is critical for U.S. law schools to conduct rigorous assessments of their experiential education curricula. While most law schools now offer students meaningful opportunities to develop lawyering skills in clinics and field placements, there is much less consistency in their simulation course offerings. Simulation courses are a critical component of experiential legal education. While students in clinics and field placements gain valuable, realistic experience addressing the issues presented by their actual clients, those issues may sometimes …

Rwu Law Alumni Association Holiday Reception December 4, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.