Tips For Capturing 2014 Federal Court Clerkships,
2013
University of Richmond
Tips For Capturing 2014 Federal Court Clerkships, Carl W. Tobias
Law Faculty Publications
Now is a perfect moment for analyzing 2014 clerkships because law students across the country have completed their productive summer employment and are poised to commence their final year. Below are ideas which could help aspirants secure those coveted positions that start during next August.
Bramble Bush Revisited: Karl Llewellyn, The Great Depression, And The First Law School Crisis, 1929-1939,
2013
Saint Louis University School of Law
Bramble Bush Revisited: Karl Llewellyn, The Great Depression, And The First Law School Crisis, 1929-1939, Anders Walker
All Faculty Scholarship
This article recovers the plight of legal education during the Great Depression, showing how debates over practical training, theoretical research and the appropriate length of law school all emerged in the 1930s. Using Bramble Bush author Karl Llewellyn as a guide, it strives to make three points. One, Depression-era critics of law school called for increased attention to practical skills, like today, but also a more interdisciplinary curriculum – something current reformers discount. Two, the push for theoretical, policy-oriented courses in the 1930s set the stage for claims that law graduates deserved more than a Bachelor of Laws degree, bolstering …
The Trials And Tribulations Of Japan’S Legal Education Reforms,
2013
University of Washington School of Law
The Trials And Tribulations Of Japan’S Legal Education Reforms, Daniel H. Foote
Articles
A sense of momentum accompanied the start of Japan's new legal education system in the spring of 2004. Less than three years had passed since the Justice System Reform Council (the Reform Council) issued its final report in June 2001, proposing a major restructuring of Japan's legal training system centered on a new tier of graduate level law schools. And less than a year and a half had elapsed since the details of the law school system were decided and enabling legislation passed. Despite the tight timetable, sixty-eight law schools were ready to commence operations in 2004, having arranged facilities, …
Teaching The Post-Sex Generation,
2013
Florida International University College of Law
Teaching The Post-Sex Generation, Kerri Lynn Stone
Faculty Publications
There is a trend that I have observed in the course of leading my classes in discussions about the kinds of behavior that may constitute unlawful discrimination: the emergence of an attitude among students that society is simply “post-sex,” or no longer in need of most or all anti-sex discrimination jurisprudence. This Article details my own approach to teaching and to raising and conducting discussions about how anti-discrimination legislation and jurisprudence works in theory, in practice, and how it would/could work in an ideal world. I enjoy teaching students with a diversity of viewpoints. However, when I began to encounter …
The Price Of Legal Education,
2013
Duke Law School
The Price Of Legal Education, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Why Environmental Law Clinics?,
2013
University of Maryland Francis King Carey School of Law
Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett
Faculty Scholarship
The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose challenges, and political attacks have answered clinicians' efforts to live up to these aspirations. An error underlies such attacks, however: holding lawyers responsible for their clients' legal positions despite the profession's duty to ensure that such positions get a fair hearing.
What's On First?: Organizing The Casebook And Molding The Mind,
2013
University of Maryland Francis King Carey School of Law
What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia
Faculty Scholarship
This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all …
From Podcasts To Treasure Hunts— Using Technology To Promote Student Engagement,
2013
Saint Louis University School of Law
From Podcasts To Treasure Hunts— Using Technology To Promote Student Engagement, Marcia L. Mccormick
All Faculty Scholarship
Three influential calls for reform in legal education, the MacCrate Report, the Carnegie Report, and most recently the Stuckey Report, have all recommended that professors use teaching methods to provide greater opportunities for students to practice problem solving skills and receive feedback on their performance. Being a lawyer is much more than memorizing rules; students need to be able to understand the big picture and use the details to problem solve. This article details how to use audio and written podcast summaries to help students see the big picture in a subject and how each smaller topic fits together into …
The Lawyer's Toolbox: Teaching Students About Risk Allocation,
2013
Saint Louis University School of Law
The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues
All Faculty Scholarship
This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …
Identifying (With) Disability: Using Film To Teach Employment Discrimination,
2013
Saint Louis University School of Law
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
All Faculty Scholarship
Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.
Educating For The Future: Teaching Evidence In The Technological Age,
2013
Singapore Management University
Educating For The Future: Teaching Evidence In The Technological Age, Denise H. Wong
Research Collection Yong Pung How School Of Law
The advent of the technological age has had significant effect on litigation practice, none more so than in the area of evidence gathering and presentation in court. A significant proportion of evidence that is gathered for both criminal and civil matters is now electronic in nature, and this necessitates a change in the way that lawyers think and advise on evidential issues. It is argued here that rather than simply focusing on principles relating to the admissibility of evidence in court, the traditional course on evidence law should be modified to equip students with an intellectual framework that conceives of …
An Essay On Rebuilding And Renewal In American Legal Education,
2013
Touro Law Center
An Essay On Rebuilding And Renewal In American Legal Education, Jack Graves
Scholarly Works
The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal. This essay suggests a few of the contours for such a rebuilding project and describes a few of the benefits that might result.
Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning,
2013
Touro Law Center
Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik
Scholarly Works
Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which a test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers.
The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on …
Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!,
2013
Washington University in St. Louis
Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel
Faculty Scholarship
Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …
Measuring The Racial Unevenness Of Law School,
2013
Boston University School of Law
Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza
Faculty Scholarship
In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …
Did Legal Education Fail Health Reform? And How Health Law Can Help,
2013
Boston University School of Law
Did Legal Education Fail Health Reform? And How Health Law Can Help, Wendy K. Mariner
Faculty Scholarship
Arguments over the constitutionality of the Affordable Care Act illustrate the pervasiveness of health law issues in society. In court, arguments on both sides also demonstrated insufficient knowledge of the health care system and health insurance to identify and present useful arguments. Too many lawyers remained wedded to theories of constitutional law that have become disconnected from twenty-first century realities. Legal education may have something to answer for in this respect. This essay examines how legal education in health law may offer some valuable responses to ongoing critiques of legal education in general. The more law moves away from strict …
Reclaiming Our Essential Freedom To Determine Who May Be Admitted To Study Law,
2013
Indiana University Maurer School of Law
Reclaiming Our Essential Freedom To Determine Who May Be Admitted To Study Law, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Across The Curriculum: Integrating Transactional Skills Instruction,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Across The Curriculum: Integrating Transactional Skills Instruction, Jean M. Whitney, Lori D. Johnson, Richard A. Rawson
Scholarly Works
No abstract provided.
Rethinking U.S. Legal Education: No More "Same Old, Same Old",
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Rethinking U.S. Legal Education: No More "Same Old, Same Old", Nancy B. Rapoport
Scholarly Works
In this Essay, I suggest that we should think about how to create a curriculum that encourages students to develop a variety of skill sets. Law students simply don’t need three years of Socratic questioning regarding the fine details of court opinions. They need a wide range of experiences, preferably building on skill sets (like the twenty-six Berkeley factors) that effective lawyers have developed. A law school’s curriculum should have courses that focus on different factors in each year of law school. Ultimately, what we should be teaching law students is how to develop the judgment to advise clients. Teaching …
Managing U.S. News & World Report--The Enron Way,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Managing U.S. News & World Report--The Enron Way, Nancy B. Rapoport
Scholarly Works
No abstract provided.
