Legal Profession Commons^™

Efficient Collaboration: How To Build Pathways Between Silos, Model Behavior Ideal For Professional Identity Formation, And Create Complex Experiential Modules All While Having Fun, Christine Cerniglia Brown

Journal of Experiential Learning

No abstract provided.

Defining Experiential Legal Education, David I.C. Thomson

Journal of Experiential Learning

No abstract provided.

"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin

Touro Law Review

No abstract provided.

Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Teaching And Assessing Professional Communication Skills In Law School, Denitsa R. Mavrova Heinrich

Faculty Scholarship

No abstract provided.

Legal Education In Transition: Trends And Their Implications, Michael A. Millemann, Sheldon Krantz

Faculty Scholarship

This is a pivotal moment in legal education. Revisions in American Bar Association accreditation standards, approved in August 2014, impose new requirements, including practice-based requirements, on law schools. Other external regulators and critics are pushing for significant changes too. For example, the California bar licensing body is proposing to add a practice-based, experiential requirement to its licensing requirements, and the New York Court of Appeals, New York’s highest court, is giving third-year, second semester students the opportunity to practice full-time in indigent legal services programs and projects. Unbeknown to many, there have been significant recent changes in legal education that …

Law School Based Incubators And Access To Justice – Perspectives From Deans, Patricia E. Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek

Journal of Experiential Learning

At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-selected others gathered at California Western School of Law for the Second Annual Conference on Law School Incubators and Residency Programs. The incubators that are the subject of this article tend to focus on transition to law practice and access to justice, and some are also working to incorporate technology for the practice of law as a means of enhancing access to justice. As more law schools decide to host, sponsor or offer an incubator, and following our panel discussion at the February 2015 incubator …

At Play In The Field Of Law: Symbolic Capital And Foreign Attorneys In Ll.M. Programs, Jan Hoffman French

Indiana Journal of Global Legal Studies

In this Comment, I would like to pick up a thread of the authors' analysis and, in so doing, shift the emphasis a bit. That thread relates to their use of Pierre Bourdieu's theoretical conceptualizations of "field" and "forms of capital." In their analysis of admissions essays submitted by foreign-lawyer applicants, Lazarus-Black and Globokar consider how the discursive genre of the admissions essay orients itself to the powerladen structures that constitute the particular field within which the essay is playing, or to which it is addressed.8 They also use the Bourdieusian concepts of "cultural and linguistic capital" in relation to …

Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

The Metaculture Of Law School Admissions: A Commentary On Lazarus-Black And Globokar, Bonnie Urciuoli

Indiana Journal of Global Legal Studies

What does it mean for law school applicants to become, as Mindie Lazarus-Black and Julie Globokar put it, "what the ranking[s] count[]"? What does it mean for foreign applicants to develop responses to the application process by writing essays in certain ways, to project themselves (again as Lazarus-Black and Globokar put it) as "commodified persona[s]"? The application process analyzed by Lazarus-Black and Globokar exemplifies what Greg Urban calls metaculture: cultural forms that point actors toward recognizing and understanding what they do as exemplifying a particular cultural pattern. Metaculture is the mechanism by which culture is reproduced, moving through time and …

Function, Form, And Strawberries: Subverting Langdell, Jeremiah A. Ho

All Faculty Scholarship

So why do law schools place skills instruction below the dissemination of legal knowledge even though it is the practice of law that lawyers are engaged in doing and not just the mere knowing of it? Both should be equally significant. Although law teaching methodologies have shifted somewhat to accommodate the changing cognitive adaptations of the human mind in this age of digital technology, law instruction in classrooms still possess a deeply-rooted basis in legal formalist considerations of the law from the 19th century that displaces skills instruction for the advancement of the legal knowledge. Consequently, in order to further …

Immigrant Lawyers And The Changing Face Of The U.S. Legal Profession, Ethan Michelson

Indiana Journal of Global Legal Studies

In this Comment, I extend Lazarus-Black and Globokar's analysis further downstream to consider the stakes for the U.S. legal profession as a whole. Gatekeepers to LL.M. programs are doing far more than determining individual fates and collectively shaping the future of U.S. legal education. I will demonstrate in this Comment that their work helps shape-in concrete, measurable ways-the demographic composition of the U.S. legal profession. In so doing, I will contribute to the emerging field of legal demography, which refers to the study of lawyers through the analysis of data not collected for this specific purpose.

Notes Toward An Understanding Of The U.S. Market In Foreign Ll.M. Students: From The British Empire And The Inns Of Court To The U.S. Ll.M., Bryant G. Garth

Indiana Journal of Global Legal Studies

Mindie Lazarus-Black and Julie Globokar's article on "Foreign Attorneys in U.S. LL.M. Programs: Who's In, Who's Out, and Who They Are" uses interviews, LL.M. student observations, and actual admissions committee documents from one Midwest and one East Coast law school to confirm the tremendous growth of those programs over the past two decades in the United States and indicate who makes the journey to the United States; how foreign LL.M. candidates pitch themselves to admissions committees; how those admissions committees evaluate candidates; and what candidates expect from LL.M. programs. The voices that come through are quite compelling. We now know …

Foreign Attorneys In U.S. Ll.M. Programs: Who's In, Who's Out, And Who They Are, Mindie Lazarus-Black, Julie L. Globokar

Indiana Journal of Global Legal Studies

In recent decades, there has been a remarkable growth in the number of foreign attorneys enrolled at U.S. law schools and particularly in LL.M. programs. To learn more about these students and how they fare, we conducted research in two law schools, one in the Midwest and the second on the East Coast. We examine the admissions process for foreign attorneys from the perspectives and experiences of both the administrators who make admissions decisions and the students who seek admission. We consider the layered international, national, state, and local laws that complicate the selection process, as well as the standards …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCAC Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

From Thinking Like A Lawyer To Acting Like A Lawyer: Externships Provide Invaluable Experience, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe

Articles & Chapters

Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …

The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen

Faculty Scholarship

This essay reframes the debate over the "growing disjunction" between legal scholarship and legal practice. Law review articles continue to make the world a better place, the essay stipulates. But are judicial opinions becoming less useful to students and scholars? A rigorous analysis and concrete prescriptions follow.

Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena D. Mutua, Francisco Valdes

Journal Articles

This article marks the twentieth anniversary of Latina and Latino Critical Legal Theory or the LatCrit organization, an association of diverse scholars committed to the production of knowledge from the perspective of Outsider or OutCrit jurisprudence. The article first reflects on the historical development of LatCrit’s substantive, methodological, and institutional commitments and practices. It argues that these traditions were shaped not only by its members’ goals and commitments but also by the politics of backlash present at its birth in the form of the “cultural wars,” and which have since morphed into perpetual “crises” grounded in neoliberal policies. With this …

Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Eliza Vorenberg, Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Lisa Bliss, Robin Boyle, Conrad Johnson, Susan Schechter, David Udell

Faculty Scholarship

This chapter of Building on Best Practices: Transforming Legal Education in a Changing World has contributions from many authors:

• Section A, Professional Identity Formation, includes:
  • Teaching Knowledge, Skills, and Values of Professional Identity Formation, by Larry O. Natt Gantt, II & Benjamin V. Madison III,
  • Integrating Professionalism into Doctrinally-Focused Courses, by Paula Schaefer,
  • Learning Professional Responsibility, by Clark D. Cunningham, and
  • Teaching Leadership, by Deborah L. Rhode.
• Section B, Pro Bono as a Professional Value, is by Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Susan Schechter, David S. Udell & Eliza Vorenberg.
• Section C, The Relational Skills of the …

Is This The Law Library Or An Episode Of The Jetsons?, Ronald E. Wheeler

Faculty Scholarship

In this brief essay penned for the inaugural online edition of the Journal of the Legal Writing Institute, Professor Wheeler discusses his vision for the future of law libraries and the future of legal research, legal research instruction, law teaching, and law related technologies.

Foreword—Establishing A Firm Foundation For The Small Law Practice, Eric J. Gouvin

Faculty Scholarship

On March 26, 2014, the Western New England Law Review sponsored a symposium entitled "Firm Foundations: Managing the Small Firm and Individual Practitioner." The symposium presentations provided perspectives on the often-overlooked world of small firm practice.

A few influential books about the state of legal education and the future of the legal profession prompted public outcry from bar associations across the country to weigh in on the perceived problems of American legal education. The debate has resulted in some real changes in law school programs.

Legal education is in the midst of major changes. For decades, law schools have been …

Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re

Touro Law Review

No abstract provided.

Forging Careers In Food Law And Policy: Challenges And Opportunities For Law Schools, Allison Condra

Journal of Food Law & Policy

Food Law and Policy (FL&P) is a quickly growing field of legal practice that offers many exciting career opportunities for law students. As national awareness of food and agricultural issues increases, particularly the way laws and policies influence our food system, more law students are demanding that their law schools offer courses, internships, and clinical experiences in this field. Law schools across the country have an opportunity to satisfy this student demand, while at the same time providing students with skills and knowledge that will equip them to engage with the many complex, dynamic, and important issues related to the …

What's New About The New Normal: The Evolving Market For New Lawyers In The 21st Century, Bernard A. Burk

Florida State University Law Review

Everyone agrees that job prospects for many new law graduates have been poor for the last several years; there is rather less consensus on whether, when, how, or why that may change as the economy recovers from the Great Recession. This Article analyzes historical and current trends in the job market for new lawyers in an effort to predict how that market may evolve.

The Article derives quantitative measurements of the proportion of law graduates over the last thirty years who have obtained initial employment for which law school serves as rational substantive preparation (“Law Jobs”). In comparing entry-level hiring …

Learning Critical Legal Theory Across The Curriculum: An Innovative Course In Applied Feminism, Michele E. Gilman

All Faculty Scholarship

In law schools, we are so accustomed to a single professor teaching each substantive class that we rarely question this method of teaching. Imagine instead a class taught by fourteen professors, each of whom teaches for one week to share their substantive expertise through the lens of critical legal theory. At the University of Baltimore School of Law, we offer such a course, entitled Special Topics in Applied Feminism. Throughout the semester, students are exposed to feminist legal perspectives on a wide range of substantive topics, including tax law, international law, immigration law, employment law, and many others.

The course …

Infusing Technology Skills Into The Law School Curriculum, Simon Canick

Faculty Scholarship

Legal education has never considered technological proficiency to be a key outcome. Law professors may debate the merits of audiovisual teaching tools: do they work when they should?; do they facilitate learning objectives or are they just toys?; whom should they call when something breaks?; and so on. Teachers use course management sites like TWEN and Blackboard to share information and manage basic course functions. Many fear that laptops and other devices distract students in class, and some institute outright bans. Among many law teachers, technology is warily accepted, but only for the purpose of achieving traditional educational objectives.

What …

Escaping From Lawyers' Prison Of Fear, John Lande

Faculty Publications

Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction …

William Mitchell College Of Law's Hybrid Program For J.D. Study: Answering The Call For Innovation, Eric S. Janus, Gregory M. Duhl, Simon Canick

Faculty Scholarship

In January 2015, William Mitchell College of Law will launch the first American Bar Association (ABA)-approved, on-campus/ online J.D. program to further the college's mission: to provide accessible, experiential, rigorous training for tomorrow's lawyers. Known as the hybrid program, it will offer a legal education to talented, hard-working students who cannot access a traditional J.D. program because of location or family or work commitments. In this article, we explain the origins and pedagogical foundations of the program, as well as give an overview of the program.

The First Thing We Do, Jorge R. Roig

Scholarly Works

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …