Legal Profession Commons^™

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan

Articles by Maurer Faculty

Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …

A Frank & Honest Talk: Aall’S Diversity Symposium Takes On Hard Questions Of Creating And Maintaining Diversity In The Legal Community, Lauren M. Collins

Law Faculty Articles and Essays

"Getting a Rise Out of Diversity: Celebrating the Challenge" took on hard questions of diversity, while keeping the spirit of New Orleans alive through celebration. With speakers who work to maintain diversity in legal practice and education every day, participants engaged in a lively discussion of what diversity actually is and how to create and sustain it.

The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton

Articles

No abstract provided.

Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis

Scholarly Works

Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …

Franklin Pierce Law Center: Leading The Way In Legal Education For New Hampshire, John D. Hutson

The University of New Hampshire Law Review

[Excerpt] "This issue of the Pierce Law Review is the first devoted entirely to the practice of law in New Hampshire. This venture is appropriate because the Franklin Pierce Law Center is the only law school in the State. We are truly New Hampshire’s law school. Our Trustees, faculty, staff, and students feel this responsibility profoundly. Pierce Law serves as both a state law school and a national and international school. While we send a greater percentage of our graduates out of state than any other law school in the country except one, our alumni comprise fully one-third of the …

Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler

ExpressO

There exists a substantial literature on the status of women in the legal profession, including studies on women students’ experiences in law schools, gender bias on law school faculties, and family leave policies and practices among legal employers. However, no recent study examines the family leave policies and practices in American law schools. This study seeks to fill that gap. Its findings are threefold. First, almost three quarters of law schools provide wage replacement during a family leave that is more generous than required by federal law. Second, there is a positive relationship between teaching at top-tier and private law …

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

Legal Writing Programs And Professionalism: Legal Writing Professors Can Join The Academic Club, James M. Boland

St. Thomas Law Review

Sociological jurisprudence has been a major factor in legal interpretive schemes for over a century, but this has not been reflected in most legal writing programs. These programs must produce legal writers who not only are competent writers, but are also competent legal theorists who know the difference between classical rule-based reasoning and modem interpretive methods. Concomitantly, legal writing professors must produce scholarship that reflects the diversity of these more complex schemes, rather than just writing about writing. This article will first describe the current condition of legal writing programs, and then suggest changes that more thoroughly introduce students to …

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Articles by Maurer Faculty

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Articles by Maurer Faculty

No abstract provided.

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

ExpressO

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond

Faculty Publications

The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.

The Legal Employment Market: Determinants Of Elite Firm Placement, And How Law Schools Stack Up, Anthony M. Ciolli

ExpressO

Data collected on 15,293 law firm associates from 1295 employers who graduated from law school between 2001 and 2003 were used to develop a “total quality score” for every ABA-accredited law school, both nationally and for nine geographic regions. Quantitative methods were then used to identify factors that help explain the variation in a law school’s national career placement success at elite law firms. The findings revealed that while a law school’s academic reputation is the single biggest predictor of placement, several other factors were also highly significant. Differences in grading system, class rank disclosure policies, and the number of …

"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp

Faculty Scholarship

This article is based on a presentation that was first assembled for the Southeastern Regional Legal Writing Conference in September 2003. The theme of that conference was "The Basics and Beyond: Building Solid Skills on Flawed Foundations." As legal writing professions with nine years of teaching experience between us, we immediately honed in on "reading" as a core lawyering skill--though it is the one that seemed most flawed in the first-year legal writing class. We determined that case analysis, statute analysis, synthesis, and application were not possible unless students critically read the material with which they were working. Many students …

The Establishment Of The Pennsylvania State Board Of Law Examiners, 1895-1902, Joel Fishman

Law Faculty Publications

As the Commonwealth of Pennsylvania recently celebrated the one hundredth anniversary of the origins of the State Board of Law Examiners, it is useful to examine how the board came about in the early twentieth century. Pennsylvania had a long history of local county control over admission to the bar, and it was during the reform period that Pennsylvania joined with many other states to create a state board to oversee admission to its Supreme Court and tried to regulate admission to the local bars. This article will review chiefly the eighteenth and nineteenth century background to admission to the …

Schooling Expectations, James Boyd White

Journal of Legal Education

No abstract provided.

The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner

All Faculty Scholarship

• a. The Rule of Law is at the heart of the present legal reform.
• b. There is an international consensus about basic elements of the Rule of Law.
• c. Legal methods are central to the Rule of Law. But different legal methods are used to realize the Rule of Law.
• d. Teaching legal methods, i.e., teaching to think like a lawyer, is at the heart of that which is professional in legal education.
• e. The present legal reform invites Japanese law schools to teach legal methods.

Origins Of Animal Law: Three Perspectives, Richard J. Katz, Michael C. Blumm, Holly Anne Gibbons

Animal Law Review

No abstract provided.

Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley

Scholarly Works

In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …

The Lsat, Law School Exams And Meritocracy: The Surprising And Undertheorized Role Of Test-Taking Speed, William D. Henderson

Articles by Maurer Faculty

Within the field of psychometrics, it is widely acknowledged that test-taking speed and reasoning ability are separate abilities with little or no correlation to each other. The LSAT is a univariate test designed to measure reasoning ability; test-taking speed is assumed to be an ancillary variable with a negligible effect on candidate scores. This Article explores the possibility that test-taking speed is variable common to both the LSAT and actual law school exams. This commonality is important because it may serve to increase the predictive validity of the LSAT. The author obtained data from a national and a regional law …

Features: Taking Globalization Seriously: Michigan Breaks New Ground By Requiring The Study Of Transnational Law, Mathias Reimann

Law Quadrangle (formerly Law Quad Notes)

Taking globalization seriously: Michigan breaks new ground by requiring the study of transnational law. The faculty acted on the conviction that a fundamental understanding of how law works in the global context must be part of every lawyer's toolkit.

The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin

UF Law Faculty Publications

This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work.

Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to …

The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson

Scholarly Articles

Most statements of corporate social responsibility focus on the responsibilities of corporate decision makers or their advisors Professor Johnson argues that corporate law professors-the persons who educate the students who will become lawyers counseling corporate decision makers-also have a social responsibility. He believes that professors should find various ways to raise the subject of corporate social responsibility in the basic corporations course, and he advocates rejecting a classroom approach that addresses only shareholder-manager relations After describing several possible ways to do this, Professor Johnson spotlights fiduciary laws as a fruitful area to enrich student understandings of director duties in a …

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …

Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant

Faculty Articles and Other Publications

The university law school is a relatively recent innovation, not just in Nevada but throughout much of the United States as well. In this inaugural issue of the Nevada Law Journal, which marks the establishment in 1998 of the Boyd School of Law, the first state-supported and the only existing law school in Nevada, it is fitting that we examine the methods of legal education and entry to the practice of law that preceded the rise of legal education within the university.

Until the latter part of the nineteenth century, the apprenticeship system constituted the dominant mode of preparation for …

Comments Of A Commissioner, Peter D. Ehrenhaft

Vanderbilt Journal of Transnational Law

These comments are solely the views of Peter D. Ehrenhaft, one of the twelve members of the ABA Commission on Multijurisdictional Practice. They are not the official views of the Commission and, indeed, may be modified by the presenter based on the further information the Commission is now gathering from interested parties. These comments are intended to stimulate thought and discussion of the issues and to encourage all sectors of the profession to submit their views to the Commission. The final deadline for the submission of written materials for the Commission's consideration in the preparation of its Initial Draft Report …

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Scholarly Articles in Law Reviews & Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.

The Incredible Shrinking Law School, Phillip J. Closius

All Faculty Scholarship

The University of Toledo College of Law faculty and administration performed a task that may be unprecedented in modern American legal education. During a series of luncheon meetings we focused on the topic of enrollment--what size student body should we have given the realities of our market and the pedagogical goals we wish to achieve. We analyzed this issue without either an extensive reliance on our revenue stream or the risk of losing resources if we admitted fewer students. Since we administer both a full- and part-time (mainly evening) program, we also discussed our obligation to serve our metropolitan community …

Protecting A Space For Creativity: The Role Of A Law School Dean In A Research University, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.