Paul L. Caron
Dean





Thursday, July 18, 2024

Fall 2024 Law Review Article Submission Guide

Nancy Levit (UMKC) & Allen Rostron (UMKC) have updated their incredibly useful document, which contains two charts for the Fall 2024 submission season covering the 196 main journals of each law school.

SubmissionsThe following are two charts useful for the law review/journal article submission process. The first chart contains information gathered from the journals’ websites about the following topics:

  • Methods for submitting an article (such as by e-mail, Scholastica, or regular mail);
  • Any special formatting requirements;
  • How to request an expedited review; and
  • How to withdraw an article after it has been accepted for publication elsewhere.

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July 18, 2024 in Legal Ed News, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, July 16, 2024

Symposium: Immigration And Taxation

Symposium, Immigration and Taxation, 21 Pitt. Tax Rev. 153-243 (2024):

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July 16, 2024 in Legal Ed Scholarship, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Teaching Character-Based Skills To 1Ls In Light Of ABA Standard 303(B)(3)'s Professional Identity Requirement

Marni Goldstein Caputo (Boston University) & Kathleen Luz (Boston University), Beyond "Hard" Skills: Teaching Outward—and Inward—Facing Character-Based Skills to 1Ls in Light of ABA Standard 303(B)(3)'s Professional Identity Requirement, 89 Brook. L. Rev. 809 (2024):

Brooklyn law reviewNewly adopted American Bar Association Standard 303(b)(3) requires law schools to provide “substantial opportunities to students for . . . the development of professional identity” throughout their three-year legal education. For 1Ls, the ideal place to start this process is in their lawyering skills classrooms, which is our domain at Boston University School of Law. Professional identity exploration necessarily requires students to look inward and outward to reflect upon their own role in the legal system and how they interact with others. In our classrooms, we divide what have been referred to as “soft” skills into two distinct categories—outward-facing and inward-facing character-based skills.

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July 16, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Harvard Symposium: Latinas In The Legal Academy

Thursday, July 11, 2024

The Legal Tech Bro Blues: Generative AI, Legal Indeterminacy, And The Future Of Legal Research And Writing

Nicholas Mignanelli (Yale; Google Scholar), The Legal Tech Bro Blues: Generative AI, Legal Indeterminacy, and the Future of Legal Research and Writing, 8 Geo. L. Tech. Rev. 298 (2024):

Georgetown law technology reviewIn recent years, a new figure, the tech bro, has arrived in the legal field. He can be found opining on podcasts and social media platforms, selling his wares in the boardrooms of big law firms, and giving guest presentations in law school classrooms. He speaks with unwarranted confidence about the coming technological transformation of law and the brave new world of so-called “AI-driven” law practice that awaits lawyers and judges. He promises that these changes will bring unimaginable efficiencies and profits.

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July 11, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, July 10, 2024

Symposium: Current Issues In Professional Identity Formation

Symposium, Current Issues in Professional Identity Formation, 75 Mercer L. Rev. 1395-1519 (2024):

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July 10, 2024 in Conferences, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

As The Percentage Of Accommodated Students In A Law School Increases, Its First-Time Bar Pass Rate Decreases

Scott Devito (Jacksonville; Google Scholar), The Kids Are Definitely Not All Right: An Empirical Study Establishing a Statistically Significant Negative Relationship between Receiving Accommodations in Law School and Passing the Bar Exam, 102 Or. L. Rev. 1 (2023): 

Oregon law reviewThroughout my career as a law professor and a law school dean, I have had a deep interest in the science of learning, academic support programs, and law school bar passage programming. Because of this, I have noticed that certain categories of students underperformed their peers on the bar examination. For example, students of color who (based on my interactions with them and their law school grades) should have passed the bar exam on their first attempt did not, while comparable White students did. To investigate this phenomenon, my colleagues, Dr. Erin Lain and Dr. Kelsey Hample, and I engaged in two empirical analyses that unequivocally show that the bar examination produces racially biased outcomes (students of color fail at a much higher rate than their White peers) [Examining the Bar Exam: An Empirical Analysis of Racial Bias in the Uniform Bar Examination, 55 U. Mich. J. L. Reform 597 (2022); Onerous Disabilities and Burdens: An Empirical Study of the Bar Examination’s Disparate Impact on Applicants from Communities of Color, 44 Pace L. Rev. (2023). Our most recent study also puts to bed the notion that these differences are due to differing credentials between examinees of color and White examinees. That notion is not true because the difference in outcomes is due to something in the exam or the exam process, not differences among the students.

Similarly, I have noticed that students who received accommodations at law school underperformed their unaccommodated peers on the bar examination. ...

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July 10, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Friday, July 5, 2024

Teaching Transactional Business Law Through Campus And Community Partnerships

Joan MacLeod Heminway (Tennessee; Google Scholar) & Brian Kingsley Krumm (Tennessee), Teaching Transactional Business Law through Campus and Community Partnerships, 25 Transactions: Tenn. J. Bus. L. 931 (2024):

Transactions tennessee journalIn this edited transcript, we explain how each of us--a doctrinal law professor and a clinician--use members of our campus and local communities to help instruct transactional business law students. We each have independently realized that there is a value to sharing these outside business and legal experts with our students. Among other things, we have found that we can bring unique areas of legal and business expertise into our teaching and, at the same time, introduce our students to real-life practice experiences and related simulations. All of this is foundational to law practice. 

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July 5, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, July 4, 2024

The Upper-Level Writing Paper And The Law Review Article: How To Tell Your Story

Lisa Smith-Butler (Charleston), The Upper-Level Writing Paper and the Law Review Article: How to Tell Your Story, 51 Cap. U. L. Rev. 205 (2023): 

Capital university law reviewThis article theorizes the actual writing process for faculty and students is quite similar and mirrors one another. Differences do exist between the two groups, particularly in terms of motivation, expectations, and publication processes. Ultimately, an ideal checklist for both can be composed. The checklist asks the faculty or student writer to consider the following:

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July 4, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, July 3, 2024

2024-25 U.S. News Global Universities Rankings

U.S. News & World Report, 2024-25 Best Global Universities Rankings:

Best global universitiesThese institutions from the U.S. and more than 100 other countries have been ranked based on 13 indicators that measure their academic research performance and their global and regional reputations. Students can use these rankings to explore the higher education options that exist beyond their own countries' borders and to compare key aspects of schools' research missions. These are the world's 2,250 top universities.

1. Harvard (100.0)
2. MIT (96.9)
3. Stanford (94.5)
4. Oxford (88.2)
5. UC-Berkeley (87.2)
6. Cambridge (86.9)
7. University College London (86.5)
7. University of Washington (86.5)
9. Columbia (86.4)
10. Yale (86.0)
11. UCLA (85.5)
12. Imperial College London (85.3)
13. Johns Hopkins (85.2)
14. Penn (84.7)
15. UC-San Francisco (84.5)
16. Tsinghua University (84.4)
17. Toronto (84.3)
18. Princeton (83.9)
19. Cornell (83.7)
19. Michigan (83.7)
21. UC-San Diego (83.6)
22. National University of Singapore (83.5)
23. Cal-Tech (83.4)
24. Northwestern (81.8)
25. University of Chicago (81.5)

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July 3, 2024 in Legal Ed Rankings, Legal Ed Scholarship, Legal Education | Permalink

ABA Standard 303(C) And Divisive Concepts Legislation And Policies: Challenges And Opportunities

Sherley Cruz (Tennessee; Google Scholar), Karen L. Tokarz (Washington University), Becky L. Jacobs (Tennessee), Kendall Kerew (Montana; Google Scholar), Andrew King-Ries (Montana) & Carwina Weng (Indiana-Maurer), ABA Standard 303(C) and Divisive Concepts Legislation and Policies: Challenges and Opportunities, 73 Wash. U. J. L. & Pol'y 247 (2024): 

Washington university journal of law and policyThis article by six clinicians discusses the challenges and opportunities of new ABA Standard 303 (c), including the implications of and interactions between Standard 303(c) and “divisive concepts” laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of Standard 303(c) and Standard 303(b)(3), which addresses professional identity formation; discusses opportunities to adapt current curriculum and teaching and create new curricular responses to meet the new accreditation standards and interpretations; and explores ways to resist increasing limitations and find a supportive academic community to sustain hope and resilience.

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July 3, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, July 2, 2024

James Boyd White, Legal Reading, And Bringing Back The Human

David Kenny (Trinity College Dublin; Google Scholar), Reencountering Texts: James Boyd White, Legal Reading, and Bringing Back the Human, 35 Yale J.L. & Human. __ (2024):

Yale journal of law and the humanitiesThis paper, written in honour of James Boyd White and his magisterial work The Legal Imagination, asks what lawyers lose in the process of legal education. It suggests, drawing on White, that lawyers lose the ability to read text in any other than a legal way, and that legal reading is narrow, extractive, utilitarian, and fails to meet text on its own terms. It is the antithesis of the broad possibilities of humanistic reading of text, and pares the human away. White—through his non-didactic approach to legal education, and open-ended consideration of literary subject matter—not only helps us to see the loss we experience with legal reading, but also helps us to combat it. James Boyd White helps us to once again encounter texts as readers rather than lawyers, and to bring the human back.

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July 2, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Friday, June 28, 2024

AI In 2024: A Year Of Crossroads And Decisions For Legal Education And Law Practice

Patrick Parsons (Georgia State; Google Scholar), Foreword—AI in 2024: A Year of Crossroads and Decisions, 41 Ga. St. U. L. Rev. __ (2025):

Georgia State Law Review (2022)As artificial intelligence (AI) continues its rapid evolution, the legal profession stands at a critical juncture. This article serves as a gateway to understanding the profound impact of generative AI on the practice of law and legal education, as well as some of the critical issues with which the legal profession will have to grapple. Through an exploration of recent developments and emerging trends, it illuminates the role AI could play in the future practice of law. From redefining efficiency gains and addressing the justice gap to reshaping legal education's approach to technological competency, the article introduces the complex interplay between AI and the legal landscape. By delving into pressing questions surrounding AI adoption and advocating for proactive engagement with its implications, the article sets the stage for a discussion of generative AI's transformative potential in shaping the legal profession's future.

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June 28, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Friday, June 21, 2024

Transactional Skills For Tomorrow

Adam Eckart (Suffolk), Transactional Skills for Tomorrow

Transactional Skills courses have long covered the ins and outs of contract drafting. But in practice, transactional skills are much more broad and are constantly evolving. While recent developments in Artificial Intelligence have motivated many skills professors, including professors covering transactional skills, to integrate elements of AI into their teaching and curriculum, a fulsome transactional skills curriculum covers so much more: negotiation, narrative and storytelling, regulation, and oral advocacy. This article discusses the future of transactional skills in the classroom, including a updated curriculum used in the spring 2023 semester at Suffolk University Law School. 

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June 21, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, June 18, 2024

Law Professors And AI

Rachelle Holmes Perkins (George Mason; Google Scholar), AI Now, 97 Temp. L. Rev. __ (2024):

Temple law reviewLegal scholars have made important explorations into the opportunities and challenges of generative artificial intelligence within legal education and the practice of law. This Article adds to this literature by directly addressing members of the legal academy. As a collective, law professors, who are responsible for cultivating the knowledge and skills of the next generation of lawyers, are seemingly adopting a laissez faire posture towards the advent of generative artificial intelligence. In stark contrast to law practitioners, law professors generally have displayed a lack of urgency in responding to the repercussions of this emerging technology.

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June 18, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

ChatGPT Is Bullshit

Michael Townsen Hicks (University of Glasgow; Google Scholar), James Humphries (University of Glasgow) & Joe Slater (University of Glasgow; Google Scholar), ChatGPT Is Bullshit:, 26 Ethics & Information Technology Art. 38 (2024):

ChatGPT (2023)Recently, there has been considerable interest in large language models: machine learning systems which produce humanlike text and dialogue. Applications of these systems have been plagued by persistent inaccuracies in their output; these are often called “AI hallucinations”. We argue that these falsehoods, and the overall activity of large language models, is better understood as bullshit in the sense explored by Frankfurt (On Bullshit, Princeton, 2005): the models are in an important way indifferent to the truth of their outputs.

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June 18, 2024 in Legal Ed Scholarship, Legal Ed Tech, Legal Education, Scholarship | Permalink

Monday, June 17, 2024

The NextGen Bar Exam And Contract Drafting

Karen Sneddon (Dean, Mercer) & Susan Chesler (Arizona State; Google Scholar), Raising the Bar: The NextGen Bar Exam and Contract Drafting:

NextGen Bar ExamSet to debut in July 2026, the NextGen Bar Exam will test a broad range of foundational lawyering skills needed in today’s practice of law, including contract interpretation, drafting, and revising. According to the National Conference of Bar Examiners (NCBE), this exam is designed to balance the skills and knowledge needed in litigation and transactional legal practice. More specifically, the foundational skills that will be tested include drafting and revising contract provisions consistent with the facts, the law, and the client’s objectives, interests, and constraints. The NCBE has indicated that the examinees’ knowledge of the doctrinal subject matter topics, like Contracts, will be tested using these, and other, foundational skills. Bar takers will therefore be required to perform these lawyering skills as a way of proving their knowledge on topics such as contract formation, contract modification, interpretation, breach, and remedies. For the first time, in order to succeed on the bar exam, every law student will need to know how to draft and revise contract provisions.

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June 17, 2024 in Legal Ed Scholarship, Legal Education | Permalink

Friday, June 14, 2024

Learning The Rural Practice of Law

Ashli Tomisich (Wyoming; Google Scholar), Learning the Rural Practice of Law, 24 Wyo. L. Rev. __ (2024):

Wyoming law reviewThis Article explores how law schools can better educate students about the possibilities and opportunities presented by rural practice and prepare them with the skills to succeed. An aging population and dwindling availability of jobs increases the need for practitioners in rural areas. While new graduates may be willing to pursue rural law practice, employers and graduates frequently note graduates are not prepared for the skill-based practice of law. Many students reflect that law school remains too theoretical to be pragmatically helpful in their first jobs, particularly given the unique nuances and challenges of rural law practice. Recent graduates report practical skills training had the strongest positive impact in preparing them for the practice of law. 

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June 14, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, June 13, 2024

Preparing Law Students For Real-World Practice

John Lande (Missouri-Columbia; Google Scholar), Preparing Law Students for Real-World Practice:

This article summarizes a program entitled Pracademically Speaking: Incorporating Real-World Legal Practice Into the Curriculum at the annual conference of the ABA Section of Dispute Resolution. It describes problems with legal curricula, pressures to improve because of the NextGen bar exam and some states’ plans to use alternative mechanisms for licensing, and successful techniques for improving the realism in law school courses. It includes links to numerous resources to help faculty make their instruction more realistic.

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June 13, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

An Old-Fashioned Bluebook Burning

Paul A. Gowder (Northwestern; Google Scholar), An Old-Fashioned Bluebook Burning, 1 Nw. L.J. des Refusés __ (2024):

Bluebook 2020

As the faculty advisor for the newly-minted Journal des Refusés, the duty has fallen to me to identify the most eminently refusal-worthy aspect of the enterprise of legal publishing. I speak, of course, of The Bluebook: bane of generations of authors and journal editors, the source of painfully detailed rules about every aspect of legal citation, complete with signals, thousands of abbreviations, cross-references that send readers merrily scurrying across hundreds of pages of law review articles to find a source, and typography rules seen in no other citation style.  ...

This essay argues for an end to law's infamously Byzantine and bloated citation manual. ... The very features that make the Bluebook distinctive when compared to citation systems in other academic fields are also those that inflict vast amounts of unnecessary if not downright harmful labor on its users.

The root of the problem is its obsolescence: the Bluebook was designed for a system in which legal scholarship was primarily consumed in print and for material where the doctrinal epistemology of authority predominated.

Today, legal scholarship is primarily consumed electronically, and it largely shares an epistemology of credence with other scholarly disciplines. (Nor are its hundreds of pages of rules particularly useful for practicing lawyers and judges, who sensibly disregard most of it anyway.)

At a minimum, the signals, typographical rules, abbreviations, and cross-references need to be put out of their misery; when those are gone what is left would be practically indistinguishable from the sensible citation systems of other fields, as it should be. Also, we should automate as much as possible---and that turns out to be quite a lot.

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June 13, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, June 4, 2024

GPT-4 Didn't Ace The Bar Exam After All, MIT Research Suggests

Live Science, GPT-4 Didn't Ace the Bar Exam After All, MIT Research Suggests — It Didn't Even Break the 70th Percentile:

Last year, claims that OpenAI's GPT-4 model beat 90% of trainee lawyers on the bar exam generated a flurry of media hype. But these claims were likely overstated, a new study suggests.

GPT-4 didn't actually score in the top 10% on the bar exam after all, new research suggests.

OpenAI, the company behind the large language model (LLM) that powers its chatbot ChatGPT, made the claim in March last year, and the announcement sent shock waves around the web and the legal profession.

Now, a new study has revealed that the much-hyped 90th-percentile figure was actually skewed toward repeat test-takers who had already failed the exam one or more times — a much lower-scoring group than those who generally take the test. The researcher published his findings March 30 in the journal Artificial Intelligence and Law.

"It seems the most accurate comparison would be against first-time test takers or to the extent that you think that the percentile should reflect GPT-4's performance as compared to an actual lawyer; then the most accurate comparison would be to those who pass the exam," study author Eric Martínez, a doctoral student at MIT's Department of Brain and Cognitive Sciences, said at a New York State Bar Association continuing legal education course.

Boing Boing, ChatGPT Not That Great at Bar Exam After All:

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June 4, 2024 in Legal Ed News, Legal Ed Scholarship, Legal Ed Tech, Legal Education | Permalink

Friday, May 31, 2024

Legal Education's Role In Combating Automation Bias And Complacency With Generative AI In The Practice Of Law

Anna Conley (Montana), Legal Education's Role in Combating Automation Bias and Complacency with Generative AI in the Practice of Law, 13 Kuwait Int’l L. Sch. J. __ (2024):

Market-driven efficiencies will result in generative AI as an integral part of the practice of law. Despite this reality, however, recent judicial decisions highlight the risks of generative AI in the practice of law. In each case, an attorney filed documents with the court that included nonexistent cases “hallucinated” by generative AI. The attorneys did not confirm the cases’ actual existence before relying on them and were subsequently sanctioned by the court.

These cases illustrate that, like aviation, self-driving vehicles and healthcare, the legal industry is not immune from automation bias and complacency. Automation bias is the blind reliance on AI by humans despite not understanding the AI’s process. Automation complacency is the long-term degradation of human skill in a profession due to reliance on AI. Such complacency occurs when humans become passive monitors of AI-generated work, as opposed to producing the work themselves.

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May 31, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, May 30, 2024

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?

Steven A. Ramirez (Loyola-Chicago; Google Scholar), Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting Towards Cognitive Diversity?, 47 Seattle U. L. Rev. 1281 (2024):

Seattle university law reviewThe Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater institutional efficacy, including possible race-neutral alternatives. The programs also failed to break down stereotypes through the introduction of a critical mass to empower diverse voices. The programs thereby resembled prohibited quotas or racial balancing. As such, the programs at issue violated Grutter, which still governs race-based affirmative action in college admissions. 

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May 30, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Changes To ABA Standards On Library And Information Resources: Unintended Consequences For Legal Scholarship

Nicholas Mignanelli (Yale; Google Scholar), Whither the Monograph: Changes to the ABA Standards on Library and Information Resources and Their Unintended Consequences for Legal Scholarship, 2 Nw. L.J. des Refusés __ (2025):

NljdrRecent actions by the American Bar Association (ABA) threaten the future of the legal monograph. Resolution 302, passed by the ABA House of Delegates at its midyear meeting in February 2024, substantially revised the standards on library and information resources by omitting any reference to a core collection and adding a corresponding interpretation that states, “[t]he appropriate mixture of collection formats . . . need not . . . include[] physical books.” This Essay argues that these changes to the ABA standards intended to clear the way for the proliferation of online law schools will have serious unintended consequences for legal scholarship, specifically by hindering access to a significant part of the corpus of legal literature at many law schools and leading to fewer publishing opportunities for legal scholars. 

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May 30, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

The Lawyerization Of Higher Education

Chronicle of Higher Education Op-Ed:  The Lawyerization of Higher Education, by Louis H. Guard (Vice President & General Counsel, Hobart and William Smith Colleges) & Joyce P. Jacobsen (Former President, Hobart and William Smith Colleges; Google Scholar) (Co-Authors, All the Campus Lawyers: Litigation, Regulation, and the New Era of Higher Education (Harvard University Press 2024)):

All the Campus Lawyers 2For college administrators, the day often begins with emails. If you are lucky enough on any particular morning not to become immediately engulfed by an urgent matter on your own campus, then there is a good chance you will start your day by scanning the news at other institutions. Inevitably, many of those stories relate to legal controversies, whether pertaining to civil-rights statutes like Title IX, Title VI, and the Americans With Disabilities Act, issues of academic freedom and free speech, or numerous others, like student mental health, athletics, study abroad, Greek life, admissions, or academic governance. Earlier this year, a Chronicle headline declared that “Your College’s Top Lawyer Has Never Been More Powerful.” Has higher education indeed become “lawyerized”?

In short, yes. But in our view, saying that higher education has become “lawyerized” describes not the perceived role of lawyers, but the sector’s increased regulatory pressures, litigation trends, and operational complexity set within an environment of heightened public scrutiny and politicization. A rollback of these forces anytime soon seems unlikely.

Not so long ago, it would be fair to say that colleges had relatively little interaction with the law. Faculty, students, and even administrators carried out their studies and duties largely unencumbered by the legal strictures that were enveloping other sectors. But as the 20th century progressed, the gates of the academy opened to more than just successive generations of students. Finding their way to campus were federal, state, and local governments and associated agencies, accreditors, quasi-regulatory groups, influential professional associations, insurance companies, and plaintiffs. ...

The data ... show a strong uptick in lawsuits beginning in the early 2000s. ... A simple search of both Westlaw and Lexis, the two main legal-case databases, reveals that the number of cases in these databases that involve a “college” or “university” as a party (overwhelmingly as the defendant) has risen dramatically.

CHE Lawyers

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May 30, 2024 in Legal Ed Scholarship, Legal Education | Permalink

Wednesday, May 29, 2024

SMU Symposium: Students For Fair Admissions v. UNC

Symposium, Students for Fair Admissions v. UNC, 77 SMU L. Rev. 3-328 (2024): 

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May 29, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, May 21, 2024

Journal Of Legal Education Publishes New Issue: International Perspectives On Legal Education

The Journal of Legal Education has published Vol. 72, No. 1 & 2 (Fall 2022-Winter 2023):

Journal of legal educationFrom the Editors

Articles

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May 21, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, May 14, 2024

A Liberal Theory Of Legal Education

Eli Wald (Denver), A Liberal Theory of Legal Education, 75 Ala. L. Rev. 563 (2024): 

Alabama law reviewLaw schools have a reputation, and are often criticized, for being liberal. Yet, their reputation notwithstanding, law schools are traditional, orthodox institutions, teaching and instilling in students a version of the law devoid of justice and morality. One might be tempted to assume law schools merely reflect the conservatism of the legal profession, which generally serves the interests of powerful clients and sustains the status quo, but this account does not withstand scrutiny. Law schools and law professors are relatively insulated from the intense competitive pressures of the market for legal services. Whatever the explanatory power of lawyers’ usual excuses for ignoring justice and morality—“the adversary system made me do it,” or “clients made me do it”—they do not apply to and do not explain the conduct of law professors. 

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May 14, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monday, May 13, 2024

Who Is Being "Assisted"? A Call For Transparency In Hiring Visiting Assistant Professors (VAPs) In Legal Writing

Suzanne E. Rowe (Oregon), Who Is Being "Assisted"? A Call for Transparency in Hiring Visiting Assistant Professors (VAPs) in Legal Writing, 22 Scribes J. Legal Writing 111 (2024):

Scribes journal of legal writingThis essay is essential reading for schools considering a visiting assistant professor (VAP) program to supplement its legal writing faculty as well as for academics and attorneys applying for VAP positions. The essay begins with a comparison of “visiting” positions, looking at the varying terms used to describe each position, what the hiring institution (host school) expects, and what a new visitor needs for a successful transition to academia. The heart of the essay is its insights for visitors looking for an entryway to legal academia, associate deans hiring these visitors, and legal-writing colleagues expected to mentor them. 

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May 13, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, May 7, 2024

Symposium: The New AI—The Legal And Ethical Implications Of ChatGPT And Other Emerging Technologies

Symposium, The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies, 93 Fordham L. Rev. 1785-2012 (2024): 

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May 7, 2024 in Conferences, Legal Ed Conferences, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Friday, May 3, 2024

Kuehn: The Fallacy Of 'We Can't Afford More Clinical Legal Education For Our Students'

Robert R. Kuehn (Washington University; Google Scholar), The Fallacy of 'We Can't Afford More Clinical Legal Education for Our Students', 32 Clin. Legal Educ. Ass’n Newsl. ___ (2024):

CLEAPrevious proposals by the ABA and state bar authorities to require more experiential training for law students have met with objections from some legal educators that mandating more experiential coursework, especially law clinics, would impose large costs on schools that would have to be passed on to students. Yet analysis of data from the 2022-23 academic year demonstrates that law schools can provide all their students with enhanced clinical training, including a mandated law clinic experience, without having to increase the tuition students pay.

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May 3, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, May 2, 2024

Determinants Of Success On The Bar Exam: One Law School's Experience 2010-2023

Morris Ratner (UC Law SF), Stephen Goggin (San Diego State; Google Scholar), Stefano Moscato (UC Law SF), Margaret Greer (UC Law SF) & Elizabeth McGriff (UC Law SF), Determinants of Success on the Bar Exam: One Law School's Experience 2010-2023, 73 J. Legal Educ. ___ (2024):

Journal of legal educationFrom 2010-2013, the UC Law SF first-time bar pass rate floated with the average first-time pass rate of graduates of ABA-accredited law schools in California. But suddenly, in the space of three years (2014-2016), the law school’s bar pass rate dropped to a much greater degree than changes in student metrics or statewide variations in pass rates could explain, to a historical low on the July 2016 administration of the California Bar Exam of just 51%. In response, the law school thoroughly revamped its approach to teaching academic and bar success skills. Within three years, the UC Law SF bar pass rate increased by about 30%. This Article uses statistical analysis to assess which of the law school’s academic reforms adopted after 2016 contributed to the law school’s bar pass turnaround.

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May 2, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, April 18, 2024

Wake Forest Symposium: Leading Change In The Legal Profession

Symposium, Leading Change in the Legal Profession, 58 Wake Forest L. Rev. 806-1015 (2023):

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April 18, 2024 in Legal Ed Scholarship, Legal Education | Permalink

Wednesday, April 17, 2024

The Experiences Of Non-Traditional Law Deans And The Law Schools That Hire Them

Timothy Fisher (Dean, Connecticut (2013-2020); Google Scholar), Lessons Learned: The Experiences of Non-Traditional Law Deans and the Law Schools That Hire Them:, 72 J. Legal Educ. ___ (2024):

Journal of Legal Education (2024)Ten years ago, the United States legal academy confronted a surprising drop in student enrollment and corresponding financial pressures. Over the ensuing years most law schools recovered, albeit with significant trimming, and for the most part rebalanced their faculty and student body in a sustainable fashion. On today’s horizon, however, is a greater and more sustained threat. A shrunken student population pipeline has hit colleges and will soon reach law schools. Inflationary pressures on wages have risen, while students’ and parents’ tolerance for tuition increases may have peaked. These financial pressures will be greatest on “access” law schools – those with the fewest financial resources and whose students are likewise the least well off financially.

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April 17, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Friday, April 12, 2024

Houston Hosts Conference Today On The Future Of Affirmative Action In Legal And Medical Education

Justice and health for allThe University of Houston Tilman J. Fertitta Family College of Medicine and the University of Houston Law Center host a conference on Justice and Health for All: The Future of Affirmative Action in Legal and Medical Education today 8:30 AM - 4:30 PM CST (registration): 

The Supreme Court’s decision in SFFA v. Harvard generated substantial concern and uncertainty about the future of affirmative action in professional programs like law and medicine. The University of Houston Law Center and the Fertitta Family College of Medicine are jointly sponsoring an academic conference on these issues, taking a balanced look at whether increasing the diversity of the legal and healthcare professions mitigates legal and healthcare inequities. And, if so, what pathways to diversity remain viable in light of existing law.

Agenda

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April 12, 2024 in Conferences, Legal Ed Conferences, Legal Ed Scholarship, Legal Education | Permalink

Wednesday, April 10, 2024

They Managed A Protest: Prohibitory, Ethical, And Prudential Policing Of Academic Speech

David H. Schraub (Lewis & Clark; Google Scholar), They Managed a Protest: Prohibitory, Ethical, and Prudential Policing of Academic Speech, 50 BYU L. Rev. __ (2025):

Byu law reviewUniversities are often a raucous setting for free speech. Tasked with encouraging deliberation and inquiry into the world’s most pressing and contentious topics, academic spaces regularly see conflicts and clashes over speech. Frequently, the university is asked to mediate these conflicts in an institutional capacity—for example, to ensure that a controversial speaker is free to deliver her remarks free from significant disruption, or to encourage university community members to relate to their peers or to a given issue area in a respectful manner.

Campus protests represent a particularly fraught instantiation of this dilemma. Protests are a form of speech, but they also in some circumstances can obstruct speech. “Shout downs”, heckling, ad hominem attacks, or crude signs or questions all have at various points been portrayed both as protected speech and the antithesis of protecting speech. The knife’s edge quality of these disputes—where universities can face censure both for being too solicitous and too censorial towards controversial speech—should ideally counsel humility in how we judge the university actors tasked with policing speech controversies.

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April 10, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, April 3, 2024

How Institutional Speech Erodes Academic Freedom

Aaron J. Saiger (Fordham), How Institutional Speech Erodes Academic Freedom, in The Free Inquiry Papers (American Enterprise Institute Press, 2024):

AEI (2024)University pronouncements on contentious issues are proclamations of official orthodoxy. Such declarations label adherents as right-thinkers, and place actual and potential dissenters on notice that their opinions are false and wrongheaded. Issuing such statements is inimical to a thriving culture of free inquiry. Academic freedom requires universities not simply to tolerate but affirmatively to welcome dissent.

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April 3, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monday, April 1, 2024

Perkins Presents The Exigent AI Mandate For All Law Faculty Today At Florida

Rachelle Holmes Perkins (George Mason; Google Scholar) presents The Exigent AI Mandate for All Law Faculty at Florida today as part of its Marshall M. Criser Distinguished Faculty Workshop

Rachelle holmes perkinsLegal scholars have made important explorations into the opportunities and challenges of generative artificial intelligence within legal education and the practice of law, as well as its broader impact on the legal profession. This Article adds to this literature by directly engaging with members of the legal academy. As a collective, law professors, who are responsible for cultivating the knowledge and skills of the next generation of lawyers, are seemingly adopting a laissez faire posture towards the advent of generative artificial intelligence. In stark contrast to law practitioners, law professors generally have displayed a lack of urgency in responding to the repercussions of this emerging technology.

This Article contends that all law professors have an inescapable duty to understand the capabilities and applications of generative artificial intelligence. This obligation stems from the pivotal role faculty play on three distinct but interconnected dimensions: pedagogy, scholarship, and governance. No law faculty are exempt from this mandate because all are entrusted with responsibilities that intersect with at least one, if not all three dimensions, whether they are teaching, research, clinical, or administrative faculty. 

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April 1, 2024 in Colloquia, Legal Ed Scholarship, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Friday, March 29, 2024

Affirmative Action And Racial Diversity In U.S. Law Schools, 1980-2021

Richard R. W. Brooks (NYU), Kyle Rozema (Northwestern; Google Scholar) & Sarath Sanga (Yale; Google Scholar), Affirmative Action and Racial Diversity in U.S. Law Schools, 1980-2021:

We use novel data on enrollment in every U.S. law school since 1980 to study trends in racial diversity and the impact of state-level affirmative action bans. Minority law students have been underrepresented in 80 to 90 percent of entering law school classes, but the magnitude of their underrepresentation has decreased substantially. On average, state-level affirmative action bans decrease racial diversity by 10 to 17 percent. Black and Hispanic students account for nearly all this decline.

Diversity Law School Student Bodies

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March 29, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, March 28, 2024

Baude: Teaching Constitutional Law In A Crisis Of Judicial Legitimacy

Following up on my previous post, New York Times, The Crisis In Teaching Constitutional Law: Will Baude (Chicago; Google Scholar), Teaching Constitutional Law in a Crisis of Judicial Legitimacy,  98 Chi.-Kent L. Rev. ___ (2024):

Supreme Court (2024)Recent developments in the Supreme Court have prompted many professors to ask: How can we teach constitutional law in such a crisis of judicial legitimacy? How can we still teach students that courts are a place to seek justice?

These sentiments reflect a real challenge for teaching constitutional law today, and I offer several suggestions for teaching law in light of the current Supreme Court.

But I also fear that these sentiments demonstrate a lack of perspective. The real crisis in teaching constitutional law today is not in the Supreme Court, but in legal academia: the question is whether we can maintain the perspective necessary to teach effectively about the Court and the Constitution.

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March 28, 2024 in Legal Ed Scholarship, Legal Education | Permalink

Wednesday, March 27, 2024

Incorporating Real-World Legal Practice Into Law School Curricula

John Lande (Missouri; Google Scholar), Incorporating Real-World Legal Practice Into Law School Curricula:

ABA ADRThis annotated bibliography was prepared for the program, “Pracademically Speaking: Incorporating Real-World Legal Practice Into the Curriculum,” at the 2024 Annual Conference of the ABA Section of Dispute Resolution. It includes relevant entries from the Real Practice Systems Project Annotated Bibliography.

This includes three sections, identifying: (1) problems with legal education and licensing, (2) resources for law schools and faculty, and (3) resources for law students. It particularly focuses on teaching skills for helping clients, which is critically important because practitioners often fail to recognize and respect clients’ perspectives and interests. Teaching students to work well with clients – and counterparts, among others – can “plant a seed” that may grow when graduates are in practice. This may help them resist some foibles in legal practice.

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March 27, 2024 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, March 26, 2024

Putting The C Back In IRAC

Jacob S. Sherkow (Illinois; Google Scholar), Putting the C Back in IRAC, 27 Green Bag 39 (2024): 

Green BagRead a law school exam these days, and you're likely to find one of the IRAC elements given short-shrift: the conclusion, C. That's unfortunate because conclusions in legal writing are important for myriad reasons. A legal system that focuses solely on the R and A of IRAC thinks that all facts are held equal and makes legal decision-making an act of automaton. Bad conclusions make for both bad writing and bad practice, so testing law students in drafting good conclusions is important—and more important than currently considered. Conclusions are important because they demand that most precious skill of lawyers: good judgment, what we expect our students to walk away with, if nothing else. It's time to put the C back in IRAC.

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March 26, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Call For Legal Ed Tech Papers: 2025 AALS Annual Meeting

Call For Papers: 2025 AALS Annual Meeting:

AALS (2024)The AALS Section on Technology, Law and Legal Education will be hosting up to four sessions at the Annual Meeting in San Francisco, January 7 – 11. There will be two programs introducing a variety of issues involving the intersection of technology and law, one program on the pedagogical opportunities to integrate technology into legal education, and one program to offer a works-in-progress experience for individuals to share the development of their works. 

The topics can be far-ranging, including the integration of artificial intelligence into legal practice, the implications of technology on access to justice, the digital divide, privacy and surveillance, national security, antitrust regulation, intellectual property policies, and much more. The suggested program will have programs that feature discussion on the impact of law and technology on society; law and technology on the legal profession; and law and technology with the legal academy.

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March 26, 2024 in Conferences, Legal Ed Conferences, Legal Ed Scholarship, Legal Ed Tech, Legal Education, Scholarship | Permalink

Sunday, March 24, 2024

Truth And Law: The Role And Mission Of A Christian Law School In Africa

Craig A. Stern (Regent; Google Scholar), Truth and Law: The Role and Mission of a Christian Law School in Africa

Christian Legal Education in AfricaIntegrating biblical truth into teaching the law equips students to practice law as a ministry. It also brings other considerable intellectual and professional benefits. Biblical integration should inform the role and mission of the Christian law school in Africa. ...

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March 24, 2024 in Faith, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, March 20, 2024

Journal Of Legal Education Publishes New Issue

The Journal of Legal Education has published Vol. 71, No. 4 (Summer 2022):

Journal of legal educationFrom the Editors

Articles

Book Reviews

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March 20, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, March 19, 2024

Oscar Law

Reid K. Weisbord (Rutgers) & Jordan Bondurant (J.D. 2024, Rutgers), Oscar Law, 76 Ala. L. Rev. __ (2024):

Alabama law reviewIn most vocational fields, trade associations promote their industry’s common business interests by performing various community-building functions, including the establishment of awards for outstanding professional accomplishments. In the entertainment industry, however, the elite trade associations (known as academies) are almost exclusively devoted to the presentation and production of achievement awards, a ritual that has evolved into its own cottage industry. By televising the year’s best performances in a stylized media format now firmly etched in the American cultural zeitgeist, entertainment academies promote their membership’s shared economic interests in stimulating consumer demand for their respective performing arts industries.

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March 19, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, March 14, 2024

Ethics 3.0—Attorney Responsibility In The Age Of Generative AI

Jon Garon (Nova; Google Scholar), Ethics 3.0—Attorney Responsibility in the Age of Generative AI, 80 Bus. Law. __ (2024):

A lawyer’s duty to remain competent and diligent in light of technological change begins with the Model Rules but it must extend to the substantive relevant law. This article focuses on the obligations of client confidentiality, the duty to understand cybersecurity, the need to exploit the new technologies of generative AI and the metaverse with caution, and the need to communicate in a permissible manner. These are all key obligations under the ABA Model Rules of Professional Conduct related to the use of technology. The Model Rules provide a normative guideline that goes beyond the technical requirements for minimum competency and may provide standards for professional malpractice liability and other legal standards, but they are only a start. 

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March 14, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, March 6, 2024

Mandatory Anti-Bias CLE: A Serious Problem Deserves A More Meaningful Response

Rima Sirota (Georgetown), Mandatory Anti-Bias CLE: A Serious Problem Deserves a More Meaningful Response, 73 J. Legal Educ. ___ (2024):

Journal of legal educationThis essay addresses the problematic convergence of two recent trends: (1) the expansion of jurisdictions requiring anti-bias training (ABT) as part of mandatory continuing legal education (CLE), and (2) the growing recognition among social scientists that such training, at least as currently practiced, is of limited effectiveness.

Forty-six American states require continuing legal education (CLE), and eleven of these states now require lawyer ABT as one facet of CLE requirements. I have previously criticized the mandatory CLE system because so little evidence supports the conclusion that it results in more competent lawyers. 

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March 6, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Digital Lawyering: Advocacy In The Age Of AI

Patrick Barry (Michigan), Digital Lawyering: Advocacy in the Age of AI, 30 Mich. Tech. L. Rev. __ (2024):

Michigan tech law reviewAll lawyers are now digital lawyers. From Zoom hearings, to e-discovery, to AI-enhanced research and writing, the practice of law increasingly requires the skillful navigation of a wide range of technological tools. It’s no longer enough to be book smart and street smart. More and more, you also have to be byte-smart.

To help future lawyers navigate this transition, I recently created a course at both the University of Michigan Law School and the University of Chicago Law School called “Digital Lawyering: Advocacy in the Age of AI.” The course takes a skill-building approach to artificial intelligence. Which tools are worth using? What questions are worth asking? And how do advocates of all kinds continue to add value to clients—and promote justice—in a world increasingly populated by chatbots, algorithms, and a wide range of other powerful digital products?

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March 6, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, February 28, 2024

The Legal Imitation Game: Generative AI's Incompatibility With Clinical Legal Education

Jake Karr (NYU) & Jason Schultz (NYU; Google Scholar), The Legal Imitation Game: Generative AI's Incompatibility with Clinical Legal Education, 92 Fordham L. Rev. __ (2024):

Fordham Law ReviewLegal practitioners are currently in the midst of a technological maelstrom. Generative artificial intelligence (GenAI), and specifically Large Language Models (LLMs), are taking the legal world by storm, and GenAI evangelists and skeptics are furiously debating the potential impacts of the technology. Will the introduction of GenAI turn lawyers into “prompt engineers”? Will it entirely eliminate the need for human lawyers, at least for certain repetitive legal tasks and work product? Or are we living through yet another Big Tech hype cycle?

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February 28, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink