Legal Education Commons^™

Vol. 62, No. 02 (January 24, 2022)

Indiana Law Annotated

No abstract provided.

Three Maurer Faculty Awarded Titled Positions, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

The Brief (Edition #14, January 2022), William & Mary Law School

The Brief

No abstract provided.

Vol. 62, No. 01 (January 17, 2022)

Indiana Law Annotated

No abstract provided.

Introducing Students To Ethics And Professionalism Challenges In Virtual Communication, Katherine M. Koops, James E. Moliterno, Carol E. Morgan, Carol D. Newman

Scholarly Articles

As the practice of law, and the conduct of business generally, focuses increasingly on virtual communication, the ethics and professionalism challenges inherent in email, videoconference, text, and telephone communication continue to evolve. These challenges are particularly prevalent in transactional practice, which involves frequent communication with a variety of parties through a variety of communication channels. Exposing law students to these challenges through exercises and simulations contributes to the continued development of their professional identity as lawyers.

This article presents a variety of exercises that introduce students to client confidentiality, inadvertent disclosure, and other ethical issues that often arise in the …

Leadership For The Transactional Business Law Student, Joan Macleod Heminway

Scholarly Works

We do not always acknowledge this in legal education, but our students are learning to be leaders, because lawyers are leaders. That is as true of transactional business lawyers as it is of litigators, lawyers who hold political or regulatory appointments, lawyers engaged with compliance, and lawyers in general advisory practices. Yet, most law schools do little, if anything, to teach law students about leadership, or allow them to explore the contours and practices of lawyer leadership.

This edited transcript explains the importance of teaching leadership skills, traits, and processes to transactional business law students and offers insights on how …

Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty, Briana Rosenbaum

Scholarly Works

Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, “the Board of Regents” refused to change its policy and “the University” denied a person’s application.

But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …

Student Handbook 2022-2023, University Of Tennessee College Of Law

Catalog & Student Handbook

No abstract provided.

What Law Schools Must Change To Train Transactional Lawyers, Stephanie Mcmahon

Faculty Articles and Other Publications

Not all lawyers litigate, but you would not know that from the first-year curriculum at most law schools. Despite 50% of lawyers working in transactional practices, schools do not incorporate its legal doctrines or skills in the foundational first year. That the Progressives pushed through antitrust laws and the New Dealers founded the modern administrative state reframed how people use the law, particularly in transactional practices, and should be given equal weight as the appellate-based common law in any legal introduction. Nevertheless, the law school model created by Christopher Columbus Langdell in the 1870s remains dominant. As this review of …

Courts As Auditors Of Legislation?, Daniel Pi, Giampaolo Frezza, Francesco Parisi

Law Faculty Scholarship

Sources of law vary greatly across geography and human history. Some legal systems identify democratic lawmaking with political deliberation, while others rely on judicial process and judgemade law. This Essay argues that the normative problem of determining a hierarchy of legal sources may be usefully understood in terms of mechanism design, and that legislation and judicial precedent operate complementarily. If the ultimate policy objective is to create legal rules that reflect the "will of the people," judge-made law can function as an audit on the rules promulgated by elected legislatures. The two sources of law, working in conjunction, thereby correct …

Making The Case For Law Tech, Janet Kearney

Staff Publications

As the concept of a “practice-ready” attorney continues to grow in both law firms and law schools, law school libraries are meeting this need by offering programming related to legal technology. In this article, a law librarian from the United States discusses their successes and failures in creating and maintaining legal technology programming, a first step in a larger conversation on practice-ready law graduates. This article is based on a June 2021 presentation given at the annual conference of the British and Irish Association of Law Librarians.

Strategies And Techniques For Integrating Diversity, Equity And Inclusion Into The Core Law Curriculum : Comprehensive Guide To Dei Pedagogy, Course Planning, And Classroom Practice, Teri A. Mcmurtry-Chubb

AALL Legal Website of the Month

Professor Teri A. McMurtry-Chubb at the University of Illinois Chicago School of Law has authored a book about the strategies to incorporate diversity, equity, and inclusion (DEI) into classrooms. The focus of this publication is on learning outcomes and assessments, and course planning templates for each course in the core law curriculum, and racial trauma-informed teaching approaches. Each chapter also includes FAQs and discussion questions to work through for the course planning and DEI curricular initiatives to transform the way we think, teach, learn and act such that all experiences and ways of being are handled with fairness and justice.

Aba Employment Summary Class Of 2022, University Of Tennessee College Of Law

ABA Disclosures

No abstract provided.

Applying Motivation Theory To Improve 1ls' Motivation, Self-Efficacy, And Skill Mastery, Nathan A. Preuss

Scholarly Works

This article discusses how understanding two motivation and learning theories- expectancy-value and attribution-can help instructors to improve first-year law students' motivation, self-efficacy, and mastery of the knowledge and skills needed for success in law school as well as in their future careers

Teaching Theranos, Priya Baskaran

Tennessee Law Review

The story of Theranos and disgraced CEO Elizabeth Holmes highlights numerous missed opportunities for effective intervention by corporate counsel. In particular, the lawyers at Theranos served as weak gate-keepers who were easily steamrolled by a power-drunk entrepreneur. The dominant business law pedagogy contributes to this problem by emphasizing litigation mitigation as the primary function of corporate lawyers. This framing improperly minimizes the role and influence of transactional attorneys to the detriment of all involved. Law Professors can change this narrative through much needed pedagogical innovation. Currently, any innovation in business law courses centers on the incorporation of drafting and other …

An Underestimated Showcase Of Student Scholarship: Law School Institutional Repositories, Dajiang Nie

Duquesne Law Review

Law schools have been using institutional repositories as a showcase for law journals and faculty scholarly achievements for a long time, but law school institutional repositories fail to collect student scholarship regularly. Aspects of law school institutional repositories make no sense when directly benefiting both students and law schools and failing to display student scholarship. This Article examines student scholarship in law school institutional repositories, analyzing its current status, advantages, and keys to success. The Article shows that law school institutional repositories underappreciate student scholarship, and the content of student repositories also lacks diversity. This approach impairs the positive impacts …

Teaching A Hybrid Administrative Law Simulation Class Using Jurassic Park, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

For more than a decade, educators and scholars have been calling for changes in methods of instruction, especially in higher education, based on developments in the field of learning science. This has been true for legal education as well, but additionally based on fundamental shifts in the way legal employers, especially law firms, hire and train new lawyers? These suggested changes for legal education include more emphasis on professional skills training, leadership development, and teamwork. While there has been no dearth of writing about the need for change in legal education, and even about specific outcomes or goals for legal …

The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education, Danielle M. Conway

Faculty Scholarly Works

The rightwing is carrying out its most recent effort to install an authoritarian regime in America, which has been boosted by Donald Trump’s white supremacist rhetoric and actions before, during, and after his four years holding the Office of the President of the United States. Resolute in the effort to destabilize American Democracy by forcing on to the populist, among other messages, “The Big Lie,” the rightwing is committed to a coordinated strategy of attacking and delegitimizing democratic institutions for the purpose of retaining economic and political power.

The attack on Critical Race Theory (“CRT”) is one element of the …

Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway

Faculty Scholarly Works

I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …

Learning Without Grade Anxiety: Findings From The Pass/Fail Experiment In North American Legal Education, John Bliss, David Sandomierski

Sturm College of Law: Faculty Scholarship

The notion of a well-being crisis among law students is more than an anecdotal concern. Empirical research has shown that students tend to enter J.D. programs with typical mental health and then rapidly decline over the course of the first year.1 This decline is found across metrics of subjective well-being, including positive affect, life satisfaction, self-determination, and intrinsic motivation.2 Moreover, studies find that law students have elevated rates of chronic anxiety, depression, social alienation, substance abuse, and suicide.3 In short, law students experience “major psychological distress” during their legal education.4 Why might this be the case? An intuitive answer, backed …

Tax Law Is An Ideal Subject For Advanced Legal Research, Kincaid C. Brown

Law Librarian Scholarship

Tax law is an ideal regulatory area for advanced legal research classes when you want to teach a comprehensive research topic putting together all of the various case, regulatory, legislative, and analytical sources that are needed in the real world. Since everyone pays taxes, tax is accessible and a good starting point to expend from the first-year common law focus, especially for those students resistant to regulatory research. Every regulatory area is different in terms of agency practice, resources, and the tools available, but tax law is an ideal example area because the tools used by law firms are great …

What Is Scholarly Legal Writing? An Introduction To Different Perspectives (On Us Qualified Immunity Doctrine), Samuel Beswick

All Faculty Publications

How do you write a law article? It turns out there is no one ‘right way’. Legal problems can be analysed from different angles. Law journals are full of diverse perspectives on the law.

This document provides an introduction to the different types of legal scholarship that can be found in law journals. It illustrates using scholarship on the American judicial doctrine of qualified immunity, which shields government officials from legal liability for ‘constitutional torts’. Qualified immunity can be analysed from the perspective of doctrine, policy, comparative law, history, economics, empirics, sociology, and philosophy. One issue; many perspectives.

Racial And Ethnic Ancestry Of The Nation's Black Law Students: An Analysis Of Data From The Lssse Survey, Kevin D. Brown, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This article proceeds in three substantive parts. In Part I, we discuss the changing racial and ethnic ancestries of Black people in the United States since affirmative action began. In Part II, we discuss the LSSSE data set that we use along with our weighting procedure based on the ABA data. Also in Part II, we discuss the Public Use Microdata Sample (PUMS), a subset of the American Community Survey (ACS). We use the ACS PUMS to provide comparative national data to analyze the relative representation of each group of Blacks among law students. In Part III, we present the …

Organized For Service: The Hicks Classification System And The Evolution Of Law School Curriculum, John L. Moreland

Articles by Maurer Faculty

This article traces the origins and development of the Hicks Classification System, an in-house organizational scheme used by the Yale Law Library from the late 1930s to the 1990s. It explores the relationship between the Hicks Classification System and the changing pedagogical methods of the law school curriculum during the early part of the 20th century. It provides a brief biographical sketch of Frederick C. Hicks, creator of the scheme, the need for a legal classification system, a detailed analysis of Hicks’s scheme, its finding aids, and a discussion of the inherent cultural biases in the system.

Educating Robot-Proof Attorneys, Tammy Oltz

Faculty Scholarship

Technology, particularly that powered by Artificial Intelligence (AI), is disrupting the legal profession. In the coming years, lawyers who do not understand technology will face both ethical and professional risks. This year, the duty of technological competence marks its tenth anniversary. While lawyers are still learning what the duty means and what it will mean in the future, one thing is certain: those who ignore it could find themselves at risk of being on the wrong side of an ethics violation.

However, even without that regulatory obligation, lawyers who continue to ignore the current technological revolution put themselves at risk …

Subversive Legal Education:Reformist Steps Towardabolitionist Visions, Christina John, Russell G. Pearce, Aundray Jermaine Archer, Sarah Medina Camiscoli, Aron Pines, Maryam Salmanova, Vira Tarnavska

Fordham Law Review

Exclusivity in legal education divides traditional scholars, students, and impacted communities most disproportionately harmed by the legal education system. While traditional legal scholars tend to embrace traditional legal education, organic jurists—those who are historically excluded from legal education and those who educate themselves and their communities about their legal rights and realities—often reject the inaccessibility of legal education and its power. This Essay joins a team of community legal writers to imagine a set of principles for subversive legal education. Together, we—formerly incarcerated pro se litigants, paralegals for intergenerational movement lawyering initiatives, first-generation law students and lawyers, persons with years …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Foreword, Seattle University Law Review

Seattle University Law Review

Foreward

Putting The Bar Exam On Constitutional Notice: Cut Scores, Race & Ethnicity, And The Public Good, Scott Johns

Seattle University Law Review

Nothing to see here. Season in and season out, bar examiners, experts, supreme courts, and bar associations seem nonplussed, trapped by what they see as the facts, namely, that the bar exam has no possible weaknesses, at least when it comes to alternative licensure mechanisms, that the bar exam is not to blame for disparate racial impacts that spring from administration of this ritualistic process, and that there are no viable alternatives in the harsh cold world of determining minimal competency for the noble purpose of protecting the public from legal harms. All a lie, of course.

But rather than …

“Finishing The Hat”: Reflections On David Skover’S Life In The Law, Ronald K.L. Collins

Seattle University Law Review

This Tribute is about Law Professor David Michael Skover, written by his longtime friend, Ronald K.L. Collins. While crafting this Tribute, Collins recalls many personal and professional memories of David Skover. The result is a record of enormous achievement combined with heart-breaking affliction; it is also a chronicle of a man with an unflinching determination to achieve excellence in all things, from mastering his operatic voice to realizing his scholarly objectives.