Legal Education Commons^™

American Association Of Law Libraries Academic Special Interest Section White Paper On Continuing Status And Tenure Of Law Librarians, Aall Special Interest Section On Academic Law Libraries Subcommittee On Continuing Status And Tenure, Stephanie Davidson, Cindy Hirsch, Caroline Osborne, Brian Quigley, Jessica Whytock

Faculty Publications

In 2023 the ALL-SIS Continuing Status/Tenure Committee was charged with developing a white paper to provide information on the status, rights, and responsibilities of academic law librarian positions. The information provided in this paper is intended to allow law librarians to make informed career choices, increase knowledge of the rights and obligations of librarian positions, and ensure the development of necessary skills and education for future new positions. Clarity on how positions are structured, their required skills, and credentials is essential at all levels of experience for planning and development for future career growth.

This White Paper does not advocate …

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Gigi Walker, Brian Flaherty

Faculty Scholarship

The past few decades have seen a welcomed focus on “Trauma-informed education.” This focus is often traced back to the 1997 Adverse Childhood Experiences study, which identified many significant negative outcomes that resulted from childhood trauma.¹ While the original study focused on outcomes such as chronic health problems, incarceration, and employment challenges, later researchers focused on the negative impacts on education and learning as a result of trauma.² Educators continue to work with this research trying to figure out how to be more “trauma-informed,” and to better reach those students whose lives and learning capacity have been affected …

Beyond "Hard" Skills: Teaching Outward - And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)'S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

In this article, we share some ways in which we have adjusted our teaching to comply with Standard 303(b)(3) by addressing professional identity formation through the vehicles of outward-facing and inward-facing character-based skills. We believe that if law students do not intentionally start *811 exploring their professional identities as soon as they step foot into law school, they run the risk of believing that legal education and practice are somehow separate from their inner, personal identities as lawyers when, of course, they are, and ought to be, enmeshed. By injecting skills into the 1L curriculum that force both the development …

Moving Beyond Statements And Good Intentions In U.S. Law Schools, Angela Onwuachi-Willig

Faculty Scholarship

This Article seeks to answer these questions about how law school leaders might help to cultivate antiracist cultures within their law schools, among their students, and across the legal profession, even in the face of a growing national backlash against antiracism, diversity, equity, and inclusion.³² Part I first establishes why it is important for law schools to "provide [an] education to law students on bias, cross-cultural competency, and racism," as the American Bar Association (ABA) requires, and to train future lawyers who have the abilities to combat racism. ³³ In so doing, Part I defines key terms such as …

Rethinking Foundations And Analyzing New Conflicts: Teaching Law After Dobbs, Nicole Huberfeld, Linda C. Mcclain, Aziza Ahmed

Faculty Scholarship

This Article draws on our diverse and complementary areas of scholarly expertise and teaching experiences across law school and public health curricula to offer a multidisciplinary model for teaching in a variety of courses after Dobbs. Teaching reproductive rights and justice poses extensive challenges in the wake of Dobbs' overruling Roe v. Wade and Planned Parenthood v. Casey, upending a half century of precedents protecting a constitutional right to abortion, and returning the issue to "the people" and the states. This Article offers theoretical and pedagogical perspectives on teaching courses in Reproductive Rights and Justice, as well …

Innovative Approaches To On-Demand Continuing Legal Education Ethics Training: A Case Study, Tigran W. Eldred, Molly J. Walker Wilson

Faculty Scholarship

In the ongoing discussions about continuing legal education (CLE), concerns have been raised about the quality of programming that is created and delivered. Critics have emphasized the weaknesses in mandatory programs, arguing that requiring annual training on topics such as legal ethics tends to fall short of stated goals.¹ Too often, it is said, such programs fail to deliver content in an engaging manner that is likely to improve competence.² The picture conjured up is of the bored lawyer, sitting in the back of a room flipping through a newspaper or some other distraction, as CLE instructors passively …

Criminal Law Drafting Manual, Jean Mangan

Books

This textbook was created under a Round 19 Mini-Grant. It is hosted on the Open ALG (Affordable Learning Georgia) Projects platform. 2024 edition.

Artificial Intelligence And Ethical Considerations For The New Legal Learner: An Annotated Bibliography, Sarah Starnes

Akron Law Faculty Publications

This annotated bibliography focuses on providing relevant and helpful resources to those who may be new to using artificial intelligence and want to understand the legal and ethical implications. For attorneys to adhere to the Model Rules of Professional Conduct and ethically practice law in conjunction with artificial intelligence, it is vital to learn as much as possible. The articles, cases, advisory opinions, and court rules within this annotated bibliography provide insight into the current state of practicing law with AI.

Reactive Hypotheticals In Legal Education: Leveraging Ai To Create Interactive Fact Patterns, Sean Steward

Akron Law Faculty Publications

Good legal hypotheticals require carefully constructed scenarios designed to mimic the challenges and dilemmas that students will face in their future legal careers. Hypotheticals help students take abstract concepts such as negligence or res ipsa loquitor and ground them in the reality that these rules were meant to control. Yet, despite our best efforts, creating hypotheticals with a rich tapestry of facts, personalities, and complexities that characterize real-world legal practice remains challenging and time-consuming. Artificial Intelligence (AI) can solve this problem. By leveraging emerging AI technology, legal educators can create richer, more realistic hypotheticals that react to students and keep …

Winter 2024: Amplifying

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Nicole Payette, Elyse Loewen

Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi

FIU Law Review

The cultural environment of Italian academia was open to suggestions that came from other legal systems and shaped an eclectic legal culture. Italy is an hybrid system that took the code from France, the legal science from Germany, and has always been receptive of foreign suggestions. This cultural background may explain why the Italian legal curriculum requires a mandatory course of comparative law and why comparative law has been an important field of Italian legal research. At the same time, comparative law was characterized by an an important mark of antiformalism, necessary to swim through the times of Fascism and …

Legal Education's Role In Combating Automation Bias And Complacency With Generative Ai In The Practice Of Law, Anna C. Conley

Faculty Law Review Articles

Market-driven efficiencies will result in generative AI as an integral part of the practice of law. Despite this reality, however, recent judicial decisions highlight the risks of generative AI in the practice of law. In each case, an attorney filed documents with the court that included nonexistent cases “hallucinated” by generative AI. The attorneys did not confirm the cases’ actual existence before relying on them and were subsequently sanctioned by the court.

These cases illustrate that, like aviation, self-driving vehicles and healthcare, the legal industry is not immune from automation bias and complacency. Automation bias is the blind reliance on …

How And When Do We Get To Maybe? | Book Review, Kris Franklin

Articles & Chapters

No abstract provided.

Merging The Bench, Bar, And Law Schools: How A Student Scholars Program Achieves Professional Identity Through Scholarly Writing, Mentorship, And Presentation, Joan Foley, Robin Boyle, Troy Kessler

Scholarly Works

This Article describes an innovative co-curricular program, the Student Scholars Program, that provides law students with an opportunity to present their scholarly papers before the bench, bar, and law school community. The Program aids law schools in meeting accreditation standards, such as the ABA Standards 302 and 303. Standard 302 requires law schools to achieve specific learning outcomes. Standard 303(b)(3) requires law schools to provide "substantial opportunities" for students to develop a "professional identity." This program aids schools in achieving these standards. Furthermore, this program increases interaction between students and the legal profession by creating episodic mentoring opportunities. Launched in …

Breaking The Rules, Rima Sirota

Georgetown Law Faculty Publications and Other Works

“Breaking the Rules” is a legal research and writing assignment that I crafted for students completing their first year of law school. The assignment honors new students’ desire for skills that will allow them to effectively challenge the status quo of settled but discriminatory legal rules. Part I of this article is an essay that contextualizes and explains the assignment; Part II provides the assignment itself.

Mandatory Anti-Bias Cle: A Serious Problem Deserves More Meaningful Response, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This essay addresses the problematic convergence of two recent trends: (1) the expansion of jurisdictions requiring anti-bias training (ABT) as part of mandatory continuing legal education (CLE), and (2) the growing recognition among social scientists that such training, at least as currently practiced, is of limited effectiveness.

Forty-six American states require continuing legal education (CLE), and eleven of these states now require lawyer ABT as one facet of CLE requirements. I have previously criticized the mandatory CLE system because so little evidence supports the conclusion that it results in more competent lawyers. The central question tackled by this essay is …

Brown Now: The Surprising Possibility Of Progressive Reform, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

For four decades, the Supreme Court has engaged in a determined, systematic and successful effort to transform and tame Brown v. Board of Education. But in this article, written for a symposium on Brown at 70, I suggest a surprising counterweight to the standard narrative. If one takes modern doctrine seriously -- a big if, I concede-- it has the potential to support some progressive goals.

In particular, modern doctrine might provide progressives answers to three questions:

1. Are race-conscious but facially neutral means of increasing diversity at state institutions of higher education constitutional?
2. Are legacy admissions to state run institutions …

Critical Race Thinking In A Pro-Black Space: An Asian American Law Professor's Reflections On Teaching At An Hbcu, Philip Lee

Faculty Publications

(Excerpt)

Historically Black colleges and universities (HBCUs) have been the subject of both scholarly criticism and praise. Some of these colleges have shut down in recent years. Many HBCU law schools could face the same fate due to bar passage and other issues. However, with the recent Supreme Court decision in Students for Fair Admission, Inc. (SFFA) v. Harvard invalidating long-standing race-conscious admissions policies in higher education, HBCUs have become even more relevant in the educational landscape. As admission to historically White institutions (HWIs) become more elusive and as racial diversity at these places plumets, HBCUs are expected to admit …

The Music & The Movement: Race, Rhythm, And Social Justice, Renee Nicole Allen

Faculty Publications

From Billie Holiday's "Strange Fruit" to Public Enemy's "Fight the Power" to J. Cole's "Be Free," music has played a vital role in energizing social justice movements and elevating the legal and social issues facing Black people. An examination into the legal, historical, and social contexts for the music created during ten key movements in Black history reveals the role of lyrics and rhythm. Through the lens of music, ten movements—Freedom, Lynching, the Great Migration, Civil Rights, Black Power, Black Feminism, Police Brutality, Mass Incarceration, Black Love, and Black Lives Matter—demonstrate that Black music is more than entertainment. It is …