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Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty 2016 Touro University Jacob D. Fuchsberg Law Center

Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty

Touro Law Review

No abstract provided.


The End(S) Of Legal Education, Frank H. Wu 2016 UC Hastings College of the Law

The End(S) Of Legal Education, Frank H. Wu

Faculty Scholarship

Legal education is in jeopardy. There is no longer sufficient demand for the juris doctor degree from prospective students; the supply of seats exceeds the number of applicants possessing the credentials that have until recently been preferred by each respective institution. As a consequence, schools have had to implement “tuition discounting” at unprecedented levels even to enroll fewer individuals who are less qualified by conventional predictors. Meanwhile, the mainstream press, with encouragement from the organized bar, has excoriated the legal academy for its failures, whether real or perceived. These critics have wondered about the “return on investment.”


Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise 2016 Dickinson School of Law

Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise

Articles

No abstract provided.


Post-Crisis Legal Education: Some Premature Thoughts, David Yellen 2016 University of Miami School of Law

Post-Crisis Legal Education: Some Premature Thoughts, David Yellen

Articles

No abstract provided.


Special Education Law And Practice: Cases And Materials (2016), Deborah N. Archer, Richard D. Marsico 2016 New York Law School

Special Education Law And Practice: Cases And Materials (2016), Deborah N. Archer, Richard D. Marsico

Books

Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.


Christopher Columbus Langdell And The Public Law Curriculum, Peter L. Strauss 2016 Columbia Law School

Christopher Columbus Langdell And The Public Law Curriculum, Peter L. Strauss

Faculty Scholarship

Teaching materials in public law courses typically rely almost wholly on judicial opinions as their primary materials, amplified by selections from the secondary literature. Constitutional text may appear independently, but statutory text rarely does, and the materials of the legislative process are generally absent. In administrative law course books, administrative opinions and the materials of rulemaking rarely fever appear. Yet these are primary materials with which lawyers must deal with increasing frequency. Lawyers encounter statutes, rules, administrative policies, and administrative disputes without judicial guidance, looking forward and not backward in time. The growth of courses in legislation and the regulatory …


Rebellious Pedagogy And Practice, Anthony V. Alfieri 2016 University of Miami School of Law

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …


The Paperless Chase, Steven J. Mulroy 2016 Touro University Jacob D. Fuchsberg Law Center

The Paperless Chase, Steven J. Mulroy

Touro Law Review

No abstract provided.


The Future Of Law Review Platforms, Andrea Charlow 2016 Touro University Jacob D. Fuchsberg Law Center

The Future Of Law Review Platforms, Andrea Charlow

Touro Law Review

No abstract provided.


Virtual Liquid Networks And Other Guiding Principles For Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan 2016 Touro University Jacob D. Fuchsberg Law Center

Virtual Liquid Networks And Other Guiding Principles For Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan

Touro Law Review

No abstract provided.


What Can Animal Law Learn From Environmental Law?, Rachel Lamb, Tara Zuardo 2016 Rutgers Law School

What Can Animal Law Learn From Environmental Law?, Rachel Lamb, Tara Zuardo

Animal Law Review

This Review analyzes and synopsizes What Can Animal Law Learn from Environmental Law?, edited by Professor Randall S. Abate. The book is a compilation of writings by numerous professionals in the fields of animal and environmental law. This Review introduces the background of the book and those sections most relevant to animal law. The book is divided into four distinct units, and this Review addresses each in turn: (1) Introductory Context, (2) U.S. Law Contexts, (3) International and Comparative Law Contexts, and (4) Vision for the Future. This Review ends by illustrating how academic settings can benefit from the use …


Ube-Shopping: An Unintended Consequence Of Portability?, Suzanne Darrow-Kleinhaus 2016 Touro Law Center

Ube-Shopping: An Unintended Consequence Of Portability?, Suzanne Darrow-Kleinhaus

Scholarly Works

Preparing for the Uniform Bar Examination (UBE) may require more than just learning the law; it also means learning in which jurisdiction you should take it. While there is not much that is new about the UBE’s individual components – the Multistate Essay Examination (MEE), the Multistate Performance Test (MPT) and the Multistate Bar Examination (MBE) – what is new is that where you take the UBE may make the difference between passing and failing. This is possible because of the convergence of bar exam test practices of “portability,” “relative grading,” and “scaling” of scores. By adopting the UBE, jurisdictions …


Integrity Under Fire: The Wisdom Of General U.S. Grant And Advice For The Neophyte Lawyer, John W. Teeter Jr. 2016 St. Mary's University School of Law

Integrity Under Fire: The Wisdom Of General U.S. Grant And Advice For The Neophyte Lawyer, John W. Teeter Jr.

Faculty Articles

Law is not war. Indeed, litigation serves as a peaceful alternative to trial by battle, and our legal doctrines and procedures are designed to prevent society from disintegrating into a feral, sanguinary struggle of each against all. Furthermore, lawyers simply do not deserve to be likened to warriors, for we neither physically defend our nation from foreign aggression nor sacrifice our lives to preserve our principles and freedoms. Any attorney who engages in excessive battlefield rhetoric should be sentenced to bedpan duty at the local Veterans Administration hospital.

At the same time, however, anyone who has tried a case, negotiated …


The Ph.D. Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin McCrary, Joy Milligan, James Cleith Phillips 2016 Columbia Law School

The Ph.D. Rises In American Law Schools, 1960-2011: What Does It Mean For Legal Education?, Justin Mccrary, Joy Milligan, James Cleith Phillips

Faculty Scholarship

At a time when some perceive law schools to be in crisis and the future of legal education is being debated, the structural shift toward law professors with Ph.Ds is an important, under-examined trend. In this article, we use an original dataset to analyze law school Ph.D hiring trends and consider their potential consequences. Over the last fifty years the proportion of law professors with Ph.Ds has risen dramatically. Over a third of new professors hired at elite law schools in recent years come with doctoral degrees in fields outside the law. We use our data to consider the scope, …


Models Of Invisibility: Rendering Domestic And Other Gendered Violence Visible To Students Through Clinical Law Teaching, Elizabeth L. MacDowell, Ann Cammett 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Models Of Invisibility: Rendering Domestic And Other Gendered Violence Visible To Students Through Clinical Law Teaching, Elizabeth L. Macdowell, Ann Cammett

Scholarly Works

The proliferation of university courses about domestic violence includes clinical courses in law schools in which students represent victims in their legal cases. This essay advocates for a broader approach to teaching about the problem. Using examples from their clinic cases, the authors show how teachers can overcome pedagogical challenges and render domestic and other forms of gendered violence, including state and community violence, more visible to students by intentionally raising and placing it within larger frameworks of structural inequality. In this way, students learn to identify and address gendered violence even when it is not the presenting problem.


The Humanities In The Law School Curriculum: Courtship And Consummation, Linda H. Edwards 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Humanities In The Law School Curriculum: Courtship And Consummation, Linda H. Edwards

Scholarly Works

Today the humanities occupy a small corner of the law school curriculum. Might they instead become a more vibrant partner in legal education? Might law and humanities scholarship escape the pages of law reviews and teach us something important about how to read and understand the law?

Despite the long theoretical dominance of legal realism in scholarly circles, much of legal education as we know it has remained mired in Langdell's formalist vision of the law—a vision of a narrow, abstract, impersonal system bereft of human meaning and value. But we can do better. We can approach law, and teach …


Research Instruction And Resources In The Transactional Skills Classroom: Approaches To Incorporating Research Instruction Into Transactional Skills Courses, Lori D. Johnson, Jeanne Price, Eric H. Franklin 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Research Instruction And Resources In The Transactional Skills Classroom: Approaches To Incorporating Research Instruction Into Transactional Skills Courses, Lori D. Johnson, Jeanne Price, Eric H. Franklin

Scholarly Works

Professors Lori Johnson, Jeanne Price, and Eric Franklin discuss methods of teaching legal research skills in the context of a transactional law class.


Seeing Higher Education And Faculty Responsibility Through Richard Matasar's Critiques Of Law Schools: College Completion, Economic Viability, And The Liberal Arts Ideal In Higher Education, John Valery White 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Seeing Higher Education And Faculty Responsibility Through Richard Matasar's Critiques Of Law Schools: College Completion, Economic Viability, And The Liberal Arts Ideal In Higher Education, John Valery White

Scholarly Works

Professor John Valery White argues that the crisis in higher education has been framed around discomfort with and critiques of changes that have taken place in the last few decades as universities grew and became more complex, and more expensive. These arguments raise valid and significant concerns about higher education and its subcomponents like legal education but on the whole have missed the true challenge to higher education of recent years. He argues that the significant current policy push to improve college attainment has led to the loss of academic authority and leadership by higher education institutions, their administrators, and …


Finishing The Job Of Legal Education Reform, Mary Beth Beazley 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Finishing The Job Of Legal Education Reform, Mary Beth Beazley

Scholarly Works

In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …


Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone

Scholarly Works

Professor Benjamin Edwards joins his colleague, Professor Nicole Iannarone, in this essay, unpacking the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students including mastering the substantive area of law, developing critical thinking skills, and developing their professional identities. The authors describe their own experiences in incorporating students into the regulatory rulemaking process. Because of the focus on securities law, their students review and comment on proposed actions by securities regulators - the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing …


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