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Full-Text Articles in Legal Education

The Byu Advocate, J. Reuben Clark Law School Oct 2019

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"At BYU Law, I hope that all of us are inspired with a simple but profound idea: we can change the world for the better. I refer to this idea as inspiring leadership because it describes actions that inspire members of our community to lead, as well as leadership that produces inspiration" – D. Gordon Smith


A Bibliography Of Faculty Scholarship, Law Library Oct 2019

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Vol. 57, No. 04 (September 16, 2019) Sep 2019

Vol. 57, No. 04 (September 16, 2019)

Indiana Law Annotated

No abstract provided.


The Comparative And Absolute Advantages Of Junior Law Faculty: Implications For Teaching And The Future Of American Law Schools, Gregory W. Bowman Sep 2019

The Comparative And Absolute Advantages Of Junior Law Faculty: Implications For Teaching And The Future Of American Law Schools, Gregory W. Bowman

Gregory W. Bowman

No abstract provided.


American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen Sep 2019

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Charlotte Ku

No abstract provided.


American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen Sep 2019

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Charlotte Ku

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a ...


The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining Sep 2019

The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining

Pace Law Review

This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits ...


Vol. 57, No. 03 (September 9, 2019) Sep 2019

Vol. 57, No. 03 (September 9, 2019)

Indiana Law Annotated

No abstract provided.


Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas Sep 2019

Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas

Pace Law Review

Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this ...


Vol. 57, No. 02 (September 2, 2019) Sep 2019

Vol. 57, No. 02 (September 2, 2019)

Indiana Law Annotated

No abstract provided.


September 2019 Newsletter Sep 2019

September 2019 Newsletter

Ergo

No abstract provided.


When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley Aug 2019

When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley

Laura Dooley

Law students must become adept at understanding how various bodies of law interact-supporting, balancing, and even conflicting with each other. This article describes an attempt to achieve these goals by merging two canonical first-year courses, civil procedure and torts, into an integrated class titled ‘Introduction to Civil Litigation’. Our most pressing motivation was concern that students who study civil procedure and torts in isolation develop a skewed, unrealistic view of how law works in the real world. By combining these courses, we hoped to teach students early in their careers to approach problems more like practicing lawyers, who must deal ...


Vol. 57, No. 01 (August 26, 2019) Aug 2019

Vol. 57, No. 01 (August 26, 2019)

Indiana Law Annotated

No abstract provided.


The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh Aug 2019

The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh

Student Theses

Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then used as evidence during the trial. In addition to the confidence of the eyewitness and the presentation of the evidence (i.e., defense or prosecution), the present research examines how facial composites influence the decision-making process on the part of jurors. Overall, the present results suggest that there is a significant difference in ...


Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar Aug 2019

Selected Bibliography Relating To Law Students And Lawyers With Disabilities, Adeen Postar

Adeen Postar

No abstract provided.


Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar Aug 2019

Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar

Adeen Postar

No abstract provided.


The Rhetoric Of Constitutional Law, Erwin Chemerinsky Aug 2019

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Erwin Chemerinsky

I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric ...


And Now A Crisis In Legal Education, James E. Moliterno Aug 2019

And Now A Crisis In Legal Education, James E. Moliterno

James E. Moliterno

The current crisis in legal education coincides with a crisis in the practice of law. Law practice has changed as a result of technology, globalization, and economic pressures. The market for legal education's product, law graduates, have diminished. Law schools cannot remain the same in this environment. Except for a very small number of elite schools, those that do not adjust are at serious risk of failing.

An economic change has taken place against a system in which mostly corporate clients willingly paid for the training of beginners at major law firms. Law firms could absorb those costs if ...


The Future Of Legal Education Reform, James E. Moliterno Aug 2019

The Future Of Legal Education Reform, James E. Moliterno

James E. Moliterno

The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.


Rural Practice As Public Interest Work, Hannah Haksgaard Aug 2019

Rural Practice As Public Interest Work, Hannah Haksgaard

Maine Law Review

As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers.


Foreword, Mac Walton Editor-In-Chief Aug 2019

Foreword, Mac Walton Editor-In-Chief

Maine Law Review

No abstract provided.


Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton Aug 2019

Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton

St. Mary's Journal on Legal Malpractice & Ethics

The author’s chapters in the 2018 professional responsibility hornbook, Legal Ethics, Professional Responsibility, and the Legal Profession, discuss the new data available to help law faculties and students understand the competencies that clients and legal employers want. The foundation for many of these competencies—like ownership over continuous professional development and the relational competencies with clients and teams—is the student’s professional identity or moral core. But students need help to understand these connections.

We have seen some very useful new data over the last few months that will help build bridges among the three major stakeholders in ...


Satisfaction With Law School Among Graduates Of The University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers Aug 2019

Satisfaction With Law School Among Graduates Of The University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The following memorandum is one of a group of memoranda Chambers wrote in 2009 and 2010 – after the survey project was suspended but before its revival – on a range of topics that the initial forty years of data permit exploring. Some of the memoranda evolved into publications. The memo here did not. Thus, the accuracy of the tables and other statistical figures in this memo have not been double-checked as they would have been if formally published. To verify the claims here and for access to additional data from years after the Project was revived, qualified researchers may apply for ...


The Changing Student Body At The University Of Michigan Law School, David L. Chambers Aug 2019

The Changing Student Body At The University Of Michigan Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Most of the content of the memo that follows has been previously published in the article "Who We Were and Who We Are: How Michigan Law Students Have Changed Since the 1950s: Findings from 40 Years of Alumni Surveys." T. K. Adams, co-author. Law Quad. Notes 51, no. 1 (2009): 74-80, available through this website. The memo provides more detail about changing entry credentials and about the great expansion beginning in the 1970s in the numbers of women students and racial/ethnic minority students. It also provides information not in the article about the students’ parents’ occupations, about students’ education ...


The University Of Michigan Law School Alumni Survey Project: Description, Scope And Limits, David L. Chambers Aug 2019

The University Of Michigan Law School Alumni Survey Project: Description, Scope And Limits, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Sometime in the fall of 1965, Blyth Stason, then dean of the University of Michigan Law School, approved a proposal from Richard Wellman, then a young professor, to survey the graduates of the class of 1951 about their careers “in order to test the utility of comprehensive information about graduates.” He picked the class of 1951 because it would soon be observing its fifteen reunion and because, as he put it in a later report, “fifteen years after graduation was long enough for careers to be well settled, and yet not so long as to make its members unresponsive to ...


The Effects Of Educational Debts On Career Choices Of Graduates Of The University Of Michigan Law School, David L. Chambers Aug 2019

The Effects Of Educational Debts On Career Choices Of Graduates Of The University Of Michigan Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The paper that follows, originally prepared in 2009 as the draft of an article, builds on data gathered in the annual survey about graduates’ educational debts from attending law school as well as about their career aspirations when they started and finished law school and the job decisions they made at various points in their careers. Like many others, I had been concerned about the possible effects of growing debt on the willingness of law students to work in settings such as government or “public interest” jobs (what I call “public service”) where starting salaries lag behind those in law ...


Law School Grades And Their Effects: The University Of Michigan Law School Alumni Survey, David L. Chambers Aug 2019

Law School Grades And Their Effects: The University Of Michigan Law School Alumni Survey, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The following memorandum is one of a group of memoranda Chambers wrote in 2009 and 2010 – after the survey project was suspended but before its revival – on a range of topics that the initial forty years of data permit exploring. Some of the memoranda evolved into publications. The memo here did not. Thus, the accuracy of the tables and other statistical figures in this memo have not been double-checked as they would have been if formally published. To verify the claims here and for access to additional data from years after the Project was revived, qualified researchers may apply for ...


Political Views Of Graduates Of University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers Aug 2019

Political Views Of Graduates Of University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The following memorandum is one of a group of internal papers Chambers wrote in 2009 and 2010 – after the survey project was suspended but before its revival – on a range of topics that the initial forty years of data permit exploring. Some of the internal memoranda became publications, The memo here did not. Thus, the accuracy of the tables and other statistical figures in this memo have not been double-checked as they would have been if formally published. To verify the findings reported here and for access to additional data from years after the Project was revived, qualified researchers may ...


The Increasing Reliance On Educational Loans By University Of Michigan Law School Graduates, David L. Chambers Aug 2019

The Increasing Reliance On Educational Loans By University Of Michigan Law School Graduates, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The following memorandum is one of a group of internal papers Chambers wrote in 2009 and 2010 – after the survey project was suspended but before its revival – on a range of topics that the initial forty years of data permit exploring. Some of the internal memoranda became publications, The memo here did not. Thus, the accuracy of the tables and other statistical figures in this memo have not been double-checked as they would have been if formally published. To verify the findings reported here and for access to additional data from years after the Project was revived, qualified researchers may ...


Turning Points In The History Of St. Mary’S University School Of Law (1980–1988), Vincent R. Johnson Aug 2019

Turning Points In The History Of St. Mary’S University School Of Law (1980–1988), Vincent R. Johnson

St. Mary's Law Journal

St. Mary’s University School of Law in San Antonio, Texas has existed for nearly a century. Thus far, there have been seven important written histories of St. Mary’s University School of Law, but no one has yet attempted to write a comprehensive history of the law school, nor have any members of the faculty published autobiographies. Having taught law at St. Mary’s since 1982, Professor of Law Vincent R. Johnson shares his first-hand account about the life of the law school during most of the 1980s (specifically 1980 to 1988). That period encompasses the bulk of the ...