Legal Education Commons^™

A Primer On Higher Education In The 21st Century: The University As A Whole And Contributions Made By Law Schools, Ronald Griffin

Journal Publications

Citizens live within their unit's belief systems and superstitions. Truth is derived from family narratives, stories spun by old friends, outbursts from neighbours, barbers, religious figures, and priests. Certainty and comfort come from living in these spaces. But there is a wider world out there with characters doing things that conflict with routine. Higher education illuminates this realm. Legal education predicts what authorities will do about their antics and, while this is a laudable undertaking in the abstract, legal education should do more. It should arm the next generation with tools to cope with cultural ruptures, social confusion, dislocations, avatars, …

Taking Teaching And Learning Seriously: A Tribute To Professor Susan Martyn, Irma S. Russell

Faculty Works

Professor Susan Martyn is an inspiring and dedicated teacher. She inspires me by her teaching, her work with students in the classroom, as well as with lawyers in continuing legal education programs, and her writing for scholars and the public. The invitation to write in a law review edition honoring this amazing professor and scholar provided the opportunity to contemplate a topic that is central to my life and the lives of most who teach: What is good teaching, and how do we increase good teaching and good learning in legal education today? We are in a time of stunning …

Case Ip News, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 2, No. 1

• School of Law’s Intellectual Property Venture Clinic helps launch a student health care startup
• Case Western Reserve signs agreement with University of Strassbourg for IP Law program
• Spangenberg Center for Law, Technology & the Arts welcomes three fellows
• One-year patent practice master’s degree program to begin this fall
• Faculty Updates

Beyond Curricular Tinkering: Real Reform Of Legal Education (Broadly Considered), J.P. "Sandy" Ogilvy

Scholarly Articles

We are familiar with the reports documenting the downturn in legal employment of new law graduates and the downturn in recent years both in the number of students sitting for the Law School Admission Test (LSAT) and the number of students applying to and being admitted to law school. The National Association for Law Placement (NALP) has reported that the overall employment rate for new law school graduates has fallen for five years in a row since 2008. The twenty-four-year high point was 2007, when 91.9% of new graduates had some form of employment nine months after graduation. Of these …

Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why Just Be It Works And Just Do It Doesn't, Heidi K. Brown

Articles & Chapters

For law students experiencing extreme public speaking anxiety, which can manifest from variations of introversion, shyness, social anxiety, or social phobia, the Socratic method of intellectual discourse — either in the classroom or in the first-year oral argument experience — can trigger such a high level of apprehension that it may threaten even an otherwise strong student’s confidence in his or her future as an attorney. Extreme public speaking anxiety can pose a serious impediment to processing and comprehending legal concepts, and engaging with professors, classmates, and substantive material. Unless the anxious law student takes steps to address the roots …

How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison Lynch

Articles & Chapters

Therapeutic jurisprudence (TJ) asks us to look at law as it actually impacts people’s lives and focuses on the law’s influence on emotional life and psychological well-being. It suggests that law should value psychological health, should strive to avoid imposing anti-therapeutic consequences whenever possible, and — when consistent with other values served by law — should attempt to bring about healing and wellness. The ultimate aim of TJ is to determine whether legal rules and procedures or lawyer roles can or should be reshaped to enhance their therapeutic potential while not subordinating due process principles. An inquiry into therapeutic outcomes …

Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe

Articles & Chapters

Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …

Has The Increased Cost Of Law School Improved Legal Education?, Paul F. Campos

Publications

No abstract provided.

The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen

Faculty Scholarship

This essay reframes the debate over the "growing disjunction" between legal scholarship and legal practice. Law review articles continue to make the world a better place, the essay stipulates. But are judicial opinions becoming less useful to students and scholars? A rigorous analysis and concrete prescriptions follow.

"Nowhere To Run; Nowhere To Hide": The Reality Of Being A Law Library Director In Times Of Great Opportunity And Significant Challenges, Penny A. Hazelton

Articles

Edited remarks presented at a program on January 5, 2015 at the Association of American Law Schools Annual Meeting in Washington, DC.

Have Fun With Strategic Planning, Kellye Y. Testy

Articles

No abstract provided.

Institutionalizing The Uspto Law School Clinic Certification Program For Transactional Law Clinics, Jennifer S. Fan

Articles

With 188 transactional law clinics nationwide and the United States Patent and Trademark Office (“USPTO”) Law School Clinic Certification Program (“Program”) recently established as a statutory program of the USPTO, this Article argues that every transactional clinic that works on trademark and patent applications should apply to become part of the Program. In satisfying the participation requirements of the Program, transactional law clinics will usher in a new, uniform way to educate aspiring intellectual property attorneys. As a result, the law students will not only be “practice ready,” but also more effective attorneys once they are in practice. Participating in …

Experience The Future: Papers From The Second National Symposium On Experiential Education In Law: Alliance For Experiential Learning In Law, Christine N. Cimini, Roberto L. Corrada, Myra Berman, Christine E. Cerniglia, Katherine R. Kruse

Articles

On June 13-15, 2014 the Second National Symposium on Experiential Educa­tion in Law took place in Greensboro, North Carolina. The Alliance for Experi­ential Learning in Law and Elon University School of Law hosted the symposium, with the support of Northeastern University School of Law. Presenters included professors and practitioners across multiple disciplines, in­cluding business, medicine, and architecture, and they shared their insights about the value of experiential education in their fields. Working from the Alliance for Experiential Learning in Law also presented their findings and distributed a set of working papers, which eventually culminated into this report. The report covers …

Applied Legal Storytelling: A Bibliography, Christopher Rideout

Faculty Articles

This article contains a bibliography on the movement known as Applied Legal Storytelling. Those who are interested in Applied Legal Storytelling examine the use of stories—and of storytelling or narrative elements—in law practice, in law school pedagogy, and within the law generally. The Applied Legal Storytelling movement is largely associated with a series of biennial academic conferences that began in 2007, and the majority of the entries in this bibliography originated with presentations at one of those conferences. But the bibliography also acknowledges a number of articles that pre-date 2007 and that could be called precursors. The bibliography first lists …

From Students To Colleagues: The Legal Writing Classroom Can Create Conscientious & Empathetic Practitioners, Rachel H. Smith

Faculty Publications

(Excerpt)

As we teach legal writing to new law students, we want them to learn to be good writers, good researchers, and good counselors and advocates. But I also want each of my students to learn about being a good colleague—to develop a professional identity that depends on being conscientious, empathetic, and collegial. The legal writing course has a special role in exposing students to the significance of these qualities, which makes it the most important course in the first year of law school.

Intercultural Effectivenss, Mary A. Lynch, Robin Boyle, Rhonda Magee, Antoinette Sedillo López

Faculty Publications

(Excerpt)

The legal profession has recognized the need for cross-culturally competent lawyers. The American Bar Association, state and local bar associations, and other professional development experts have called for lawyers to develop cultural competencies. While the terminology used is not consistent, at its core, this call expresses a commitment to legal education that embraces the strengths of diverse student bodies and client populations. Legal education should more effectively help students examine how legal structures can ignore, silence, and devalue alternative perspectives and diverse identities.

BEST PRACTICES FOR LEGAL EDUCATION suggested that legal education should include training about cross-cultural competence, cited …

Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz

Articles

No abstract provided.

Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham

Faculty Publications

Sarah, a new attorney at a public defender’s office, is assigned to the appeals bureau. Ordinarily, Sarah spends her days researching and writing briefs, talking with clients, and brainstorming legal issues with colleagues. Today, however, she opened the mail to find a notice from the court setting a date for her first oral argument. She suffers the first of several anxiety attacks: rapid heart rate, racing thoughts, shortness of breath, sweaty palms, nausea, and feelings of panic and tension. As she reads the form letter, her hands tremble. This is the day she has dreaded. She loves to write and …

There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin

Articles & Chapters

In this article, I discuss my historical involvement with therapeutic jurisprudence (TJ), how I use it in my classes (both in the free-standing TJ class and in all the others that I teach), its role in my written scholarship, and its role in conferences that I regularly attend. Although this is all positive and supportive of all efforts to widen the appeal of TJ as well as its applicability in the classroom, in scholarship and in “real life,” I also share some information that is far from optimistic with regard to the way that TJ is being reacted to by …

Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman

Articles & Chapters

Can teaching students in doctrinal courses, using traditional case-oriented materials, convey some of the skills lawyers need to practice law effectively? While the recent interest in and debate over training practice-ready lawyers makes this a timely question, my thinking about this harks back to the mid-1990s, when Harry Wellington, then dean of New York Law School, suggested that faculty members consider teaching law from the lawyer’s perspective rather than from the perspective of either the judge or the legal scholar.

In traditional doctrinal courses in law school, like my own in family law, coverage is broad and time is short. …