Legal Education Commons^™

January 2021 Newsletter

Ergo

No abstract provided.

A Tribute To Dean Michael Yelnosky, Judge William E. Smith

Roger Williams University Law Review

No abstract provided.

Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron

Scholarly Works

No abstract provided.

Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik

Scholarly Works

No abstract provided.

The Virtual Law School, 2.0, A. Michael Froomkin

Articles

Just over twenty years ago I gave a talk to the AALS called The Virtual Law School? Or, How the Internet Will De-skill the Professoriate, and Turn Your Law School Into a Conference Center. I came to the subject because I had been working on internet law, learning about virtual worlds and e-commerce, and about the power of one-to-many communications, and it struck me that a lot of what I had learned applied to education in general and to legal education in particular.
It didn't happen. Or at least, it has not happened yet. In this essay I want …

The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …

Radical Reformation: Diverse Pathways To Attorney Licensure Will Yield A More Diverse Profession, Carla Pratt

Faculty Articles

No abstract provided.

The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter

Seattle University Law Review

The Supreme Court’s 2014 decision in Burwell v. Hobby Lobby Stores, Inc. is one of its most controversial in recent history. Burwell’s narrow 5–4 ruling states that the Religious Freedom Restoration Act of 1993 applies to closely held, for-profit corporations seeking religious exemptions to the Affordable Care Act. As a result, the Burwell decision thrust Hobby Lobby, the national craft chain established by the conservative evangelical Green family of Oklahoma City, Oklahoma, onto the national stage. Firms like Hobby Lobby and Chick-fil-A, however, reject the conventional wisdom Justice Ginsburg explained in Burwell and instead embrace an approach to business with …

The Spirit Is Willing: A Proposal For American Single Malt Whiskey, Raymond Cleaveland

Seattle University Law Review

Over the past twenty-five years, small, independent American distilleries have carved out a new niche in the United States liquor market: craft single malt whiskey. Inspired by the success of single malt Scotch and other single malts, American craft distillers are now fighting for their own shelf behind the bar and in the liquor store aisle. In 2018, a cadre of these distillers petitioned the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to formally recognize a new category of whiskey in the Code of Federal Regulations: American Single Malt Whiskey. For purposes of consumer protection, the Treasury …

Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch

Seattle University Law Review

U.S. employment law traditionally classifies workers as either employees or independent contractors; each worker under this traditional legal rubric can only be classified as one or the other—there can be no ambiguity or overlap. An employee is generally defined as “a person hired for a regular, continuous period to perform work for an employer who maintains control over both the service details and the final product.” In contrast, an independent contractor is generally defined as “a worker who performs services for others, usually under contract, while at the same time retaining economic independence and complete control over both the method …

Closing Remarks, Dontay Proctor-Mills

Seattle University Law Review

Closing Remarks.

Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron

Touro Law Review

No abstract provided.

“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus

Touro Law Review

No abstract provided.

Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik

Touro Law Review

This essay tests Professor Meera Deo’s unsettling assertion that “implicit bias” in law schools is holding minority female and, to a lesser extent minority male, faculty back. It then presents her second, and more provocative claim, that minority faculty can generally offer better training in “solving complex problems.”

Regarding the former claim, Deo explains that minority women are not hired according to fair standards, not welcomed when they are hired, and not fairly evaluated for promotion. In addition, she argues that minority women professors are abused by their students. Because Deo barely tries to substantiate the second claim, it is …

Taking Our Space: Service, Scholarship, And Radical Citation Practice, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

No abstract provided.

We Are...Community!, Michael A. Mogill

Faculty Scholarly Works

The concept of “community” has become increasingly important in law schools, relating both to our professionalism and the education of our students. During the recent celebration of our school’s 185^th anniversary of its founding, I addressed one of the school’s core values, that of “community”. This article explores that value and its meaning both within our law schools and the greater society, serving to advance the public interest and the interests of our law students, the legal academy and practicing attorneys everywhere. The message conveys is universal and contemporary, going well beyond our anniversary celebration. Ultimately, it can help …

Embracing And Making Change In Legal Education: Serving The Law Students Of Today And Tomorrow, Danielle M. Conway

Faculty Scholarly Works

"Danielle M. Conway is Dean and Donald J. Farage Professor of Law at Penn State Dickinson Law. The following are her keynote remarks delivered Jan. 6, 2021, for the 2021 AALS Joint Section Program of the Sections on Student Services and Part-Time Division, Academic Support, Balance in Legal Education, Minority Groups, and PreLegal Education and Admission to Law School."

Educating Antiracist Lawyers: The Race And The Equal Protection Of The Laws Program At Dickinson Law, Dermot M. Groome

Faculty Scholarly Works

The year 2020 has forced us, as a nation, to recognize painful realities about systemic racism in our country and our legal system. The fallacies in our founding documents and the vestiges of our slave past are so woven into our national culture that they became hard to see except for those who suffered their daily indignities, hardships, and fears. As legal educators, we must face the role we have played in helping build the machinery of structural racism by supplying generation after generation of those who maintain that machinery and prosper within it. In this critical moment of our …

Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh

Faculty Articles

The year 2020 was challenging for the bar exam. The longstanding argument that the bar exam is not a fair measure of the minimum competence of someone to practice law was cast into harsh relief and the truth-that the bar exam tests the privilege of its examinees-became startlingly apparent. Not only did 2020 kick off with a devastating global pandemic, but we also saw the rage against systemic racial injustice reach a boiling point just as we were charged with staying in our homes to avoid contracting COVID-19. With a pandemic raging, overt White supremacy on the rise, and racial …

Question #1: Is There A Gender Gap In Performance On Multiple Choice Exams? A. Always B. Never C. Most Of The Time, Jane Bloom Grisé

Law Faculty Scholarly Articles

The correct answer to Question #1 is C. Most of the time, women score lower than men on multiple-choice exams. Question #2: How did you become interested in this topic?

A. The author likes to create multiple-choice tests.

B. The author does well on multiple-choice tests.

C. The author unexpectedly discovered this disparity.

The correct answer is C. I discovered this disparity unexpectedly and was surprised to find that women scored lower than men on multiple-choice exams and that multiple-choice exams underpredicted women's academic performance.

While educators might assume that different types of assessments such as multiple-choice and essays are …