Legal Education Commons^™

Who Wants To Be A Prosecutor? And Why Care? Law Students’ Career Aspirations And Reform Prosecutors’ Goals, Shih-Chun Steven Chien, Stephen Daniels

Law Faculty Articles and Essays

Often called “progressive” or “reform” prosecutors, a number of reform-minded prosecutors have been elected recently across the United States—promising a distinctive vision of criminal justice and signaling that their role will be more attuned to issues of race and equity than “law and order.” Furthering this vision requires dramatic changes to the working cultures—the norms, practices, and even personnel—of their offices. Diversity plays a major role.

One central challenge is identifying, attracting, and hiring newly-minted lawyers who can, over time, be socialized into and sustain a changing organizational culture. This article empirically examines that challenge, which involves two sides of …

Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments, Hannah M. Lasting

Seattle University Law Review

In the wake of COVID-19, pharmaceutical companies rushed to produce vaccinations and continue to work on developing treatments, while the tension caused by reverse payments intensifies between patent and antitrust law. Lawmakers must address this tension, and the current pandemic should serve as a catalyst to prompt reform at the legislative level. By amending the Hatch-Waxman Act, lawmakers can ease the increasing strain between patent and antitrust policy concerns. In 2013, the U.S. Supreme Court attempted to resolve this tension in its landmark decision, F.T.C. v. Actavis, but the tension remains as lower courts struggle to produce a uniform standard …

Foreword, Seattle University Law Review

Seattle University Law Review

Foreword.

The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson

Seattle University Law Review

The Deans' Roundtable.

The End Of The Golden Age Of American Legal Education: My Year As Interim Dean, Vincent R. Johnson

Faculty Articles

This article is part of the story of my year as interim dean. The year began without a sign of trouble anywhere on the horizon and ended with an empty campus, cancellation of traditional law school events, face masks and social distancing requirements, uncertainty about whether new law graduates would be able to take the bar exam, and furloughs and layoffs of law school personnel. As my year drew to a close, dozens of American law school deans were meeting online every Friday to share information about how to cope with the challenges of the Covid-19 Pandemic and the uncertainties …

Teaching With Feminist Judgments, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger

Elisabeth Haub School of Law Faculty Publications

This chapter, part of Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom (Carolina Academic Press 2021), provides an overview of the U.S. Feminist Judgments Project, a collaboration of feminist scholars and lawyers who rewrite significant judicial opinions using feminist methods and reasoning. One of the primary goals of the series of Feminist Judgments books is to demonstrate that the law has a vast, but often unrealized, potential for social justice. The feminist judgment methodology requires the authors of rewritten opinions to act as judges in following the rules of precedent and custom—and to be bound by …

January 2021 Newsletter

Ergo

No abstract provided.

Tomorrow's Law Libraries: Academic Law Librarians Forging The Way To The Future In The New World Of Legal Education, Jessie Wallace Burchfield

Law Faculty Scholarship

This article briefly discusses the historical development of academic law libraries and reviews observations, analyses, and predictions of leading law librarians, examining recent changes and continuing trends. It examines academic law libraries in light of two of the drivers of change identified by Susskind: the “more-for-less” challenge and information technology. It briefly discusses one academic law library's experience with these drivers of change and gives a few examples of academic law librarians who are technology leaders. It notes the initial effects of an ongoing global pandemic that changed the face of public school, undergraduate, and postgraduate education–including legal education–in a …

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.

People’S Electric: Engaged Legal Education At Rutgers-Newark Law School In The 1960s And 1970s, George W. Conk

Fordham Urban Law Journal

No abstract provided.

Rennard Leaves Us Words Of Thunder, Bill Piatt

Faculty Articles

Rennard Strickland was a quiet, modest, genial man who made many contributions to legal education over the span of his career. Among his most important gifts are the words he wrote and spoke which alerted us to the extent that the legal system contributed to the genocide of Indigenous America.

Collective Wisdom: When To Impeach With An Inconsistent Statement, A. J. Bellido De Luna

Faculty Articles

The recognition of multiple goals of cross-examination is nothing new. Despite early emphasis on cross-examination as being needed to expose “mendacity,” Dean Wigmore viewed cross-examination as the essence of the trial and truth-seeking process in the United States. He viewed it as capable of serving two ends: proving untruths and completing the story by eliciting facts that “remained suppressed or undeveloped” on direct examination, including “the remaining and qualifying circumstances of the subject of testimony, as known to the witness.” Precisely because of the presence of dual objectives, timing is everything. Said differently, assume a witness has information useful to …

Teaching Civil Obligations (Or What I Learned About Law, Legal Thinking And Teaching), Allan C. Hutchinson

Articles & Book Chapters

In most of my decades-long teaching and professorial career, I primarily taught Torts, but never Contracts. However, last year, I agreed to teach jointly a postgraduate class of 35 students on “Civil Obligations.” It was a decision that conformed to one of the more unsettling tropes of my life— “act in haste, repent at leisure.” My role in this arrangement was, after a general opening about the nature of civil obligations and the interface of Contract and Tort, to assume responsibility for the Contracts component of the course. This presented itself as a considerable task, but I thought that it …

What I Learned About Teaching Law By Being An Art Student, Michael T. Colatrella

McGeorge School of Law Scholarly Articles

When was the last time you learned a skill? I’m not referring to the time your twelve-year-old daughter taught you how to use the latest social media platform. I mean when was the last time you learned to do something that takes months or years of concerted effort to reach a level of competence? A few years ago, I did just that. I learned to draw and paint. My goal was not to be a professional artist. My goal was to become competent in drawing and painting for pleasure. As with many of us, drawing and painting were parts of …

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 …

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 …

Plagiarism Pedagogy: Why Teaching Plagiarism Should Be A Fundamental Part Of Legal Education, Brian L. Frye, Megan E. Boyd

Law Faculty Scholarly Articles

As a practicing lawyer, if you aren’t plagiarizing, you’re committing malpractice. Litigators copy forms and arguments from winning briefs rather than bill their clients for reinventing the wheel. Transactional lawyers copy enforceable agreements to ensure their agreements are enforceable too. Partners routinely present documents prepared by associates (and sometimes even paralegals) as their own work. And judges are the most prolific plagiarists of all, copying briefs, opinions, treatises, and legal and nonlegal scholarship, adopting arguments from lawyers and holdings from other judges as their own and claiming authorship of opinions written primarily by their clerks or the parties to the …