Paul L. Caron

Wednesday, May 12, 2021

Law Students And Cell Phone Use: Results Of A Six-School Survey

Robert M. Jarvis (Nova; Google Scholar), Cindy Archer Thomas (UC-Irvine), Linda Galler (Hofstra), Jodi Wilson (Memphis), & Mark E. Wojcik (UIC-John Marshall), Law Students and Cell Phone Use: Results of a Six-School Survey, 89 UMKC L. Rev. 2 (2020):

The sight of a law student using his or her cell phone now is so common that law professors do not give it a second though. But what, exactly, is the student doing? Texting with friends? Shopping? Watching a movie? To try to find out, during the Fall 2019 semester we asked our six diverse law schools to take an online survey consisting of eighteen questions. To our knowledge, this is the first phone survey of law students.

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May 12, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Emotion Bites: A Starter Guide To Teaching Emotional Intelligence In The Law School Classroom

Rebecca Sutton (Edinburgh), Emotion Bites: A Starter Guide to Teaching Emotional Intelligence in the Law School Classroom:

This short, practical guide outlines an approach to integrating the theory and practice of emotional intelligence into the law school classroom, based on my experience doing so at the University of Edinburgh.

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May 12, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, May 11, 2021

Do We Need A Bar Exam ... For Experienced Lawyers?

David Adam Friedman (Willamette), Do We Need a Bar Exam... for Experienced Lawyers?, 12 U.C. Irvine L. Rev. ___ (2022):

The fierce determination to require a bar exam during the COVID-19 pandemic left quite an impression on new lawyers entering the profession. State bars and state supreme courts made their position clear: the bar exam provides a screening function necessary to safeguard the public. Many disagreed.

Even a cursory look at attorney discipline reveals that the lawyers who get into disciplinary trouble are not mostly new lawyers. The lawyers who get into trouble tend to be more experienced lawyers, who have not had any formal or objective tests of their ability to function since their original bar exam pass. The only check on their performance is discipline after harm has been done.

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May 11, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Friday, May 7, 2021

Recognizing Another Black Barrier: The LSAT Contributes To The Diversity Gap In The Legal Profession

Lynee McDuffie, Recognizing Another Black Barrier: The LSAT Contributes to the Diversity Gap in the Legal Profession:

Imagine working your entire life with the purpose of building the house of your dreams. The ability to pursue this “calling” has been granted through your tremendous hard-work and dedication to your craft. In fact, building this dream home has been the final culmination of all that you have worked towards over the past several years. Now imagine, you have successfully built the foundation of the house, and began to lay the pipeline for the plumbing. Just as the plumbing was coming together, there was one exact piece that was missing, a coupling, which would be required to connect the pipes. Since pipelines are the heartbeat of all functionality within a house, without the coupling, the incomplete plumbing may diminish the potential of all that your dream house was meant to become. Thus, hindering the dream.

Similarly to a person that has a dream of becoming a lawyer. The ability to pursue this calling would be directed through the education pipeline. After obtaining an Undergraduate degree through tremendous amount of hard-work and dedication, the Law School Admission Test (LSAT), a coupling to the next education pipeline, is required for applicants to take when applying to law school. But, what if the LSAT is a faulty coupling that presents a major leak in the education pipeline? This standardize test has revealed years of racial bias from the disturbing score gaps between white and minority applicants. The LSAT has shown to have test biases within the questions that appear in the form of language interpretation, which contains culturally stereotypic language, situations, and structural components. As a result of these biases, there has been a disproportionate amount of lower scores by minorities, which hinders the chances of being accepted into law school. Thus, presenting a leak in the education pipeline that disconnects minorities from achieving their dreams of practicing law.

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May 7, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, May 6, 2021

Tribute To Valparaiso University Law School (1879-2019)

Symposium, Tribute to Valparaiso University Law School (1879-2019), 53 Val. U. L. Rev. 833-1173 (2019):

Valpo (2018)Comments


Greatest Hits of Valparaiso University Law Review

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May 6, 2021 in Conferences, Legal Ed Scholarship, Legal Education | Permalink

Wednesday, May 5, 2021

Trends In Law School Enrollment Since The Great Recession

Goodwin Liu (Associate Justice, California Supreme Court), Miranda Li (J.D. 2019, Yale) & Phillip Yao (J.D. 2019, Yale), Who's Going to Law School? Trends in Law School Enrollment Since the Great Recession, 54 U.C. Davis L. Rev. 613 (2020):

This study provides a comprehensive analysis of recent U.S. law school enrollment trends. With two sets of JD enrollment data from 1999 to 2019, we discuss how the demographic composition of law students has changed since the Great Recession. We examine enrollment data by gender, race, ethnicity, and nationality, with particular attention to Asian Americans, who too often remain an invisible minority in contemporary discourse on diversity. We also undertake a novel analysis of enrollment demographics by law school ranking. Our findings include the following:

  • Total enrollment has declined almost 25% since the recession and, despite a recent increase, seems unlikely to rebound to pre-recession levels.
  • Women have outnumbered men in law school since 2016; the recent uptick in total enrollment is entirely attributable to more women pursuing law.
  • Since the recession, Asian Americans and Whites have comprised a smaller share of enrollment; African Americans and Hispanics have comprised a larger share.

Liu 1

  • Women, African American students, and Hispanic students are disproportionately enrolled in lower-ranked schools with lower rates of bar passage and post-graduation employment. It is thus unclear to what extent the changing diversity of law students will translate into greater diversity in the legal profession.

Liu 2

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May 5, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

The Role Of Lawyers And Law Schools In Fostering Civil Public Debate

Vikram D. Amar (Dean, Illinois) & Jennifer K. Robbennolt (Illinois; Google Scholar), The Role of Lawyers and Law Schools in Fostering Civil Public Debate, 52 Conn. L. Rev. 1093 (2021):

Partisanship can make policy discussion and civil debate difficult. Partisan differences in how facts and policies are understood contribute to the escalation of conflict and a lack of cooperation. Lawyers are not immune from these human tendencies. But good lawyers have, and good law schools teach, values, knowledge, and skills that can aid in fostering and modeling more productive debate and resolution of conflict.

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May 5, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, May 4, 2021

CSI: Law School. Forensic Science In Legal Education

Brandon L. Garrett (Duke), Glinda Cooper (Yeshiva) & Quinn Beckham (Duke), Forensic Science in Legal Education:

In criminal cases, forensic science reports and expert testimony play an increasingly important role in adjudication. More states now follow a federal reliability standard, following Daubert v. Merrell Dow Pharmaceuticals and Rule 702, which call upon judges to assess the reliability and validity of such scientific evidence. Little is known about what education law schools provide regarding forensic and scientific evidence, or what types of specialized training they receive on scientific methods or evidence. Whether law schools have added forensic science courses to their curricula in recent years was not known. In order to better understand the answers to those questions, in late 2019 and Spring 2020, we conducted searches to identify course offerings in forensic sciences at U.S. law schools and then surveyed their instructors, asking for syllabi and information concerning how the courses are offered, how regularly, and with what coverage.

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May 4, 2021 in Legal Ed News, Legal Ed Scholarship, Legal Education, Teaching | Permalink

Zero Economic Value Humans?

Hilary G. Escajeda (Denver), Zero Economic Value Humans?, 10 Wake Forest J.L. & Pol'y 129 (2020):

The decades ahead will bring forth a convergence of increasingly capable technologies, such as artificial intelligence and robotics, that will fundamentally reshape and transform work environments by replacing average humans with ordinary job skills. Klaus Schwab, Founder of the World Economic Forum and author of The Fourth Industrial Revolution, perceptively identifies this impending paradigm shift and argues these technologies will challenge policymakers to “think strategically about the forces of disruption and innovation shaping our future.”

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May 4, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monday, May 3, 2021

Kennedy & Volokh: The New Taboo — Quoting Epithets In The Classroom And Beyond

Randall Kennedy (Harvard) & Eugene Volokh (UCLA), The New Taboo: Quoting Epithets in the Classroom and Beyond, 49 Cap. U. L. Rev. 1 (2021):

Is it wrong for professors to quote epithets in class or in other educational settings? In law schools, this question has arisen as to [the n-word] when a [Wake Forest] professor quoted the defendants’ speech from a leading First Amendment case in a First Amendment class; a [UCLA] professor (one of us) quoted the facts in a rare example of a hate speech prosecution, also in a First Amendment class; a [UC-Irvine] professor teaching a class on legal problem-solving quoted the word in a discussion of Facebook’s implementation of its “hate speech” policy; a [Emory] professor teaching a torts class quoted the facts of a case involving emotional distress and wrongful discharge claims; a [Stanford] professor teaching a class about legal history quoted a statement attributed to Patrick Henry; a [DePaul] professor posed a hypothetical about provocation and self-defense in a criminal law class; a guest [Stanford] lecturer in a class on tobacco regulation displayed and quoted copies of racist advertising; and a professor at Emory University, in discussing discrimination against Native Americans, mentioned that ... had been used as slurs against them. ...

Moved by a recognition that the prevalence of the slurs in American life is an indication of how common hatred of blacks and gays has been and continues to be, and apprehensive about the slurs’ toxicity even in the classroom, some students, professors, and administrators maintain that any enunciation of them is wrongful no matter the context or the intention of the speaker. They maintain that giving voice to those epithets is so hurtful to some that no pedagogical aim is worth the pain inflicted. Thus, some teachers never vocalize the terms, either talking around them or substituting a euphemism such as “the n-word.” ...

There are, however, other words with toxic associations: KKK. Lynching. Nazi. Auschwitz. Genocide. Rape. They are not epithets, but much in life is worse than epithets. Indeed, one reason sometimes given for eschewing any vocalizing of epithets is precisely their association with bigoted violence. The words we just mentioned are at least as clearly associated with the cruelest forms of violence. Yet they are routinely discussed without expurgation or euphemism, especially in the university (and in our own department, law).

We believe the same should be true for epithets. The academy, we believe, should be a place where people discuss the facts—whether of a controversy, a historical document, or a precedent—as they have actually occurred.

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May 3, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, April 29, 2021

Pushing The Envelope: How A Handful Of Innovative Law Professors Delivered Distance Education In The Age Of Langdell

Bernard J. Hibbitts (Pittsburgh), Pushing the Envelope: How a Handful of Innovative Law Professors Delivered Distance Education in the Age of Langdell:

This is the introduction and first section of a much longer paper on university law professors’ brief and ultimately doomed dalliance with correspondence legal education in the 1870s and 1880s before multiple for-profit concerns enthusiastically adopted the method in the 1890s. In this segment I outline the trajectory of the paper and then discuss the legal, social and educational circumstances that led a few maverick law professors at Yale and later Columbia to entertain the radical notion of teaching non-resident students by mail at roughly the same time that Christopher Columbus Langdell was developing the case method at Harvard.

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April 29, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Challenges And Opportunities: Intersectional Leadership In Law Schools

Sudha Setty (Dean, Western New England; Google Scholar), Challenges and Opportunities: Intersectional Leadership in Law Schools, 23 U. Pa. J.L. & Soc. Change 363 (2020):

In 2019, the Author organized with Maria Isabel Medina and participated as a panelist in the Roundtable on Intersectionality and Strengths and Challenges in Leadership at the Fourth National People of Color Legal Scholarship Conference. This Essay is one of four in the cited article.

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April 29, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, April 27, 2021

Walking The Tightrope: Reflections Of A Black Female Law Professor

Njeri Mathis Rutledge (South Texas), Walking the Tightrope: Reflections of a Black Female Law Professor, 43 Campbell L. Rev. 233 (2021):

In a sobering moment, I realized that my success (and that of many people of color) stems from our ability to normalize daily racism — Njeri Rutledge (2020)

As a Black female law professor, I often walk an invisible tightrope, carefully avoiding any misstep for fear of falling. The problem of racism makes that tightrope particularly difficult. There is a misperception that racism does not impact successful people, but only those who are uneducated or have a low socioeconomic status. Nothing could be further from the truth. As a Black professional woman, I deal with racism constantly.

I walk a daily tightrope where I must appear as though all is well despite the barrage of images of unarmed Blacks being killed, racist attacks, and the growth of white supremacy. Even the legal academy fails to provide a haven from racist attitudes.

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April 27, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Monday, April 26, 2021

Academic Feeder Judges: Are Clerkships The Key To Academia?

Howard Wasserman (Florida International), Academic Feeder Judges: Are Clerkships the Key to Academia?, 105 Judicature 1 (2021):

This paper identifies “academic feeder judges”—the federal judges (especially from courts of appeals) for whom law professors clerked at the beginning of their careers and the judges who “produce” law professors from the ranks of their former clerks. The study is based on a summer 2019 review of publicly available biographies and c.v.’s of full-time faculty at ABA-accredited law schools, identifying more than 3000 “academic former clerks” and the judges for whom each clerked. From this, the paper identifies:

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April 26, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Sunday, April 25, 2021

Explicit Instruction In Legal Education: Boon Or Spoon?

Beth Brennan (Montana), Explicit Instruction in Legal Education: Boon or Spoon?, 52 U. Mem. L. Rev. ___ (2021):

Legal education too often teaches students how to be lawyers by teaching them as though they already are lawyers. Like other disciplines, legal education fails to consistently recognize the meaningful cognitive differences between novices and experts. Novice learners use their existing schema to make sense of what happens in the classroom. Blinded by the curse of knowledge and loathe to ruin students’ future as creative thinkers, law professors frequently teach novice learners as though they are mini-experts — assuming, omitting, rushing. 

Explicit instruction is an important pedagogical tool that should be used intentionally and thoughtfully in the law school classroom. Law is not so special that it has its own pedagogical rules. Cognitive psychology research supports initial explicit instruction in new domains — even law.

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April 25, 2021 in Legal Ed News, Legal Ed Scholarship, Legal Education, Teaching | Permalink

Friday, April 23, 2021

The Power Of Empathy: Cultivating Culturally Competent Lawyers

Eunice Park (Southwestern), The Power of Empathy: Cultivating Culturally Competent Lawyers:

The ability to connect with diverse clients and audiences is not a soft skill, but a power skill. This connection is just as important as substantive knowledge and is essential for the competent practice of law. Fostering that connection must start with recognizing one’s own positionality, and thus one challenge in the classroom is cultivating the ability to recognize positionality. One way to cultivate this aspect of cultural competence is by building empathy.

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April 23, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, April 22, 2021

Yale Hosts Virtual Symposium Today On Citation And The Law

Yale hosts a virtual symposium today and tomorrow on Citation and the Law (program):

Yale Citation and the Law ConferenceThis FREE symposium will highlight the scholarship of law librarians and faculty interested in issues ranging from the US News and World Reports rankings for scholarly productivity, to link rot, to empirical research in the use of citations, and more.  Keynote speaker Fred Shapiro will set the stage with his paper “The Most-Cited Legal Scholars Revisited” to be published in the University of Chicago Law Review.  All the papers will be published in a book by the Hein Company.

To quote Legal Reference Services Quarterly editor Mike Chiorazzi, “If it takes a village to raise a child, it takes a profession to support a symposium like this.  The Yale Law Library, the ALL-SIS Committee on Research and Scholarship, the Boulder Conference workshopping team, and LRSQ all pulled together to make this  symposium happen.  What has emerged is an impressive collection of first-rate scholarship that advances our understanding of law librarianship and legal information management.”

Panel #1

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April 22, 2021 in Conferences, Legal Ed Conferences, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, April 21, 2021

The Discounted Labor Of BIPOC Law Students And Faculty

Taleed El-Sabawi (BIPOC Professor, Elon; Google Scholar) & Madison Fields (BIPOC Student, Elon), The Discounted Labor of BIPOC Students & Faculty, 109 Cal. L. Rev. ___ (2021):

Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, most law faculty and administrators did nothing—prompting Black students to take time away from their studies to organize, draft letters, gather signatures, and have very uncomfortable conversations with university administrators and faculty about the need for change.

Meanwhile, Black faculty and faculty of color, who were experiencing their own trials with pandemic teaching, childcare, increased service obligations and mental fatigue from the political and racial unrest, were often called upon to contribute substantial time to the design and implementation of the “diversity” or “anti-racism” initiatives—to the policy changes and programs that were necessary to increase the diversity of the schools and to create inclusive environments for their BIPOC students and faculty.

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April 21, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, April 20, 2021

Pittsburgh Tax Review Call For Papers: Teaching Tax

Pittsburgh Tax Review Call For Papers: Teaching Tax Law:

Pitt Tax Review (2020)In the second issue of its 19th volume, the Pittsburgh Tax Review will publish a series of contributions addressing the teaching of tax law. The aim of this special issue is to collect in one place the insights of leading tax teachers as a service for all those who are interested in and devoted to educating current law students and future tax lawyers. The Pittsburgh Tax Review has already secured the participation of five distinguished scholar/teachers: Alice Abreu (Temple University Beasley School of Law), Samuel Donaldson (Georgia State University College of Law), Heather Field (UC Hastings College of Law), Deborah Geier (Cleveland State University Cleveland-Marshall College of Law), and Katherine Pratt (Loyola Law School, Los Angeles).

The Pittsburgh Tax Review invites proposals from others for one to two additional contributions to be included in this special issue. Proposals for a contribution of between 8,000 and 10,000 words are welcome from all who teach tax law.

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April 20, 2021 in Legal Ed Scholarship, Legal Education, Tax, Tax Scholarship, Teaching | Permalink

Monday, April 19, 2021

Microaggressions, Questionable Science, And Free Speech

Edward Cantu (UMKC) & Lee Jussim (Rutgers; Google Scholar), Microaggressions, Questionable Science, and Free Speech, 26 Tex. Rev. L. & Pol. ___ (2021):

The topic of microaggressions is hot currently. Diversity administrators regularly propagate lists of alleged microaggressions and express confidence that listed items reflect what some psychologists claim they do: racism that is, at the very least, unconscious in the mind of the speaker. Legal academics are increasingly leveraging microaggression research in theorizing law and proposing legal change. But how scientifically legitimate are claims by some psychologists about what acts constitute microaggressions? The authors—one a law professor, the other a psychologist—argue that the answer is “not much.” In this article, the authors dissect the studies, and critique the claims, of microaggression researchers.

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April 19, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Saturday, April 17, 2021

COVID-19 Has Accelerated College Closings

Patrick R. Baker (Tennessee; Google Scholar), Paula Hearn Moore (Tennessee), Kaleb Paul Byars (J.D. 2021, Tennessee) & Christie Aden, Covid Closing Down Colleges: How the Covid-19 Pandemic Has Accelerated Nonprofit College Closings, 2020 BYU Educ. & L.J. 1:

The United States has experienced a frightening trend in college closures. Indeed, in 2016, thirty-three colleges closed. Likewise, in 2018, thirty-five colleges closed, and over 90% of these colleges were private institutions.

This trend continues. A recent Edmit model projected over one third of all private four-year colleges are in financial distress. While some private colleges may adjust their tuition or cut expenditures to endure the crisis, others will undoubtedly close. What is more, the recent shift to online learning sparked by COVID-19 has further decreased revenue for small, private colleges. In fact, COVID-19 has accelerated the rate of private college closures. In the last few months, MacMurray College, Holy Family College, and Urbana University have permanently closed their doors. In addition, NYU professor Scott Galloway predicts at least ninety more colleges will perish, including Dickinson College, Bard College, and Sarah Lawrence College.

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April 17, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Friday, April 16, 2021

Lawsky Presents Teaching Algorithms And Algorithms For Teaching Virtually At Utah

Sarah Lawsky (Northwestern; Google Scholar) presented Teaching Algorithms and Algorithms for Teaching, 24 Fla. Tax. Rev. __ (2021), virtually at Utah yesterday as part of its Faculty Workshop Series hosted by Young Ran (Christine) Kim:

Graphic-LawskySarahB_v2016-08-04This article focuses on what it calls the “algorithm method,” a common method used to teach tax classes that presents students with unambiguous problems that guide students through complex statutes and regulations. The article describes a novel teaching tool created by the author: a website that randomly generates tax problems with objectively correct answers; multiple choice answers that reflect common errors that students make; and explanations for each answer that either respond to the underlying error or give a full explanation of the correct answer. 

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April 16, 2021 in Colloquia, Legal Ed Scholarship, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Report On ExamSoft’s ExamID Feature (And A Method To Bypass It)

Gabriel H. Teninbaum (Suffolk), Report on ExamSoft’s ExamID Feature (and a Method to Bypass It), 4 J. RAIL ___ (2021):

Exam SoftAs a result of the global COVID-19 pandemic, many academic institutions have been forced to move their courses online. This has necessitated schools to implement new technologies to remotely administer examinations. One of the most prominent vendors offering software to allow for this is ExamSoft. Some institutions have implemented an additional authentication feature from ExamSoft called ExamID. To confirm students’ identities, ExamID uses a form of artificial intelligence — facial recognition technology — to match an image of a student in its database to an image the student takes immediately before an exam. In theory, ExamID then matches the stored image with a second image as a means to confirm that the correct person is taking the exam. Unfortunately, just as has been the case with other efforts to use facial recognition technology, ExamID has been alleged to be error-prone for students of color attempting to use it. ExamSoft contests these claims.

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April 16, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, April 15, 2021

 Building A Better Bar Exam: The Twelve Building Blocks Of Minimum Competence

Logan Cornett (Denver) & Deborah Jones Merritt (Ohio State; Google Scholar), Building a Better Bar: The Twelve Building Blocks of Minimum Competence:

The bar exam tries to distinguish minimally competent lawyers from incompetent ones: it exists to protect the public from the harms of incompetent legal representation. That protection is critical to maintaining the integrity of the profession, but the bar exam achieves that goal only if it effectively assesses minimum competence. Although the bar exam has existed for more than a century, there has never been an agreed-upon, evidence-based definition of minimum competence. Absent such a definition, it is impossible to know whether the bar exam is a valid measure of the minimum competence needed to practice law or an artificial barrier to entry. We designed this study to address these substantial gaps in our knowledge, build on the existing research, and develop an evidence-based definition of minimum competence. We conducted 50 focus groups using a protocol we developed to gather data about the knowledge and skills new lawyers need to practice competently. Of those focus groups, 41 were conducted with new lawyers, while the remaining nine were conducted with those who supervise new lawyers. The data from these focus groups suggest that minimum competence consists of 12 interlocking components — or “building blocks.”

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April 15, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, April 14, 2021

'You Should Smile More,' Academic Catcalling, and Women-on-Women Crimes

Deborah L. Borman (Arkansas-Little Rock), 'You Should Smile More,' Academic Catcalling, and Women-on-Women Crimes, 65 Vill. L. Rev. 1065 (2020):

Within the legal academy women “catcall” other women in an attempt to control the emotions of colleagues. This aggression is played out as relational or “intrasexual competition between women and arises both covertly and overtly in the form of unwarranted professional criticism or competition, a failure to empathize, a failure to mentor, an effort to destroy or otherwise undermine another woman’s career, and by many other underhanded methods. I refer to the set of phenomena described above as “women-on-women crime.” These crimes act to enhance and protect the historic patriarchy in legal education; challenging patriarchy and successfully bringing a feminist perspective into the classroom is stymied when behind the classroom door female colleagues engage in the crimes of sabotaging, criticism, and undermining.

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April 14, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Monday, April 12, 2021

Loneliness In COVID-19, Life, And The Law

Olivia Ash (Indiana) & Peter H. Huang (Colorado), Loneliness in COVID-19, Life, and the Law (111 pages):

This Article analyzes loneliness in the COVID-19 pandemic, life, and the legal profession, especially in legal education. This Article examines: (1) loneliness: what it is, who is lonely, how loneliness affects an individual, and recent evidence about experiences of loneliness in the COVID-19 pandemic; (2) personal, organizational, and societal costs of loneliness; (3) current research about well-being and loneliness in the legal profession and legal education; (4) results from the first loneliness survey of law students; and (5) three evidence-based interventions to mitigate loneliness: mindfulness, talk therapy (cognitive behavioral therapy), and inclusion.

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April 12, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Paving The Way: The First American Women Law Professors

Herma Hill Kay, Paving the Way: The First American Women Law Professors (Patricia A. Cain (Santa Clara), ed. University of California Press 2021):

Paving the WayThe first wave of trailblazing female law professors and the stage they set for American democracy.

When it comes to breaking down barriers for women in the workplace, Ruth Bader Ginsburg’s name speaks volumes for itself—but, as she clarifies in the foreword to this long-awaited book, there are too many trailblazing names we do not know. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg’s closest professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues.

Because Herma Hill Kay, who died in 2017, was able to obtain so much first-hand information about the fourteen women who preceded her, Paving the Way is filled with details, quiet and loud, of each of their lives and careers from their own perspectives. Kay wraps each story in rich historical context, lest we forget the extraordinarily difficult times in which these women lived. Paving the Way is not just a collection of individual stories of remarkable women but also a well-crafted interweaving of law and society during a historical period when women’s voices were often not heard and sometimes actively muted. The final chapter connects these first fourteen women to the “second wave” of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. This is a decidedly feminist project, one that Justice Ruth Bader Ginsburg advocated for tirelessly and admired publicly in the years before her death.

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April 12, 2021 in Book Club, Legal Ed Scholarship, Legal Education | Permalink

The Multistate Bar Exam Is Not A Valid Measure Of Attorney Competence

Steven Foster (Oklahoma City), Does the Multistate Bar Exam Validly Measure Attorney Competence?, 82 Ohio St. L.J. ___ (2021):

2020 brought many challenges, which included administering the bar exam. States jumped through numerous obstacles to continue administering the current form of the exam. However, the current bar exam has never been proven to be a valid measure of attorney competence. This article offers evidence the Multistate Bar Exam (MBE), is invalid. The exam, in other words, does not measure the knowledge and skills that lawyers use in practice. On the contrary, it is an artificial barrier to practice—one that harms the public by failing to screen for the knowledge and skills that clients need from their attorneys.

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April 12, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, April 6, 2021

Hierarchies Of Elitism And Gender: The Bluebook And The ALWD Guide

Steven K. Homer (New Mexico), Hierarchies of Elitism and Gender: The Bluebook and The ALWD Guide, 41 Pace L. Rev. 1 (2020):

Hierarchies persist in legal academia. Some of these, while in plain view, are not so obvious because they manifest in seemingly small, mundane choices. Synecdoche is a rhetorical device used to show how one detail in a story tells the story of the whole.

This Article examines hierarchies of elitism and gender through a lens of synecdoche. The focus is on the choice of citation guide. Even something as seemingly benign and neutral as choosing a citation guide can reveal hierarchies of elitism and gender bias in legal education and the legal profession. Put another way, the choice of citation guide exists in—is inextricably embedded in—structural hierarchies of the legal profession. This Article examines the ways the choice of a citation guide reinforces elitism and gender bias by examining the use of two common citation guides, The Bluebook and the ALWD Guide. The Bluebook was developed by law students engaged in prestige activities at top-ranked law schools and retains the traits of its birth. This is in contrast to the ALWD Guide, which was written by experienced, professional legal writing professors who have dedicated their careers to teaching lawyers how to practice law. The Article describes the ALWD Guide’s focus on educating students to be practitioners, and the role of elitism and gender bias in keeping the ALWD Guide from displacing The Bluebook, despite The Bluebook’s well-documented deficiencies in training attorneys.

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April 6, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, April 1, 2021

Socioeconomic Roots Of Tenure-Track Faculty

Allison Morgan, Nicholas LaBerge, Daniel Larremore, Mirta Galesic & Aaron Clauset (Colorado), Socioeconomic Roots of Academic Faculty:

Tenure-track faculty play a special role in society: they train future researchers, and they produce much of the scholarship that drives scientifc, technological, and social innovation. However, the professoriate has never been demographically representative of the general population it serves. For example in the United States, Black and Hispanic scholars are underrepresented across the tenure-track, and while women's representation has increased over time, they remain a minority in many academic fields. Here we investigate the representativeness of faculty childhood socioeconomic status and whether it may implicitly limit efforts to diversify the professoriate in terms of race, gender, and geography. Using a survey of 7218 professors in PhD-granting departments in the United States across eight disciplines in STEM, social sciences, and the humanities, we find that the estimated median childhood household income among faculty is 23.7% higher than the general public, and faculty are 25 times more likely to have a parent with a PhD.

Socio 1

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April 1, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Monday, March 29, 2021

Frye: It's The End Of Legal Citation As We Know It

Brian L. Frye (Kentucky), It's The End Of Citation As We Know It & I Feel Fine:

ScholarSiftLegal scholarship sucks. It’s interminably long. It’s relentlessly boring. And it’s confusingly esoteric. But the worst thing about legal scholarship is the footnotes. Every sentence gets one1. Banal statement of historical fact? Footnote. Recitation of hornbook law? Footnote. General observation about scholarly consensus? Footnote. Original observation? Footnote as well, I guess. ...

There’s gotta be a better way. Thankfully, in 2020, Rob Anderson and Trent Wenzel created ScholarSift, a computer program that uses machine learning to analyze legal scholarship and identify the most relevant articles. Anderson is a law professor at Pepperdine University Caruso School of Law and Wenzel is a software developer. They teamed up to produce a platform intended to make legal scholarship more efficient. Essentially, ScholarSift tells authors which articles they should be citing, and tells editors whether an article is novel.

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March 29, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, March 25, 2021

The Lawyer Brain: Transform Your Well-Being And Develop A Performance Edge

Debra S. Austin (Denver), The Lawyer Brain: Transform Your Well-being and Develop a Performance Edge:

This book addresses the lawyer well-being crisis by summarizing the studies that demonstrate that law students and lawyers suffer from high rates of anxiety, depression, burnout, substance misuse, and suicide risk; explaining relevant parts of the brain, and how stress impacts lawyer brain function; reviewing the neuroscience and psychology research that links brain health and mental strength to well-being; and providing an action plan for lawyers to enhance their well-being, optimize their performance, and improve their brain health and mental strength.

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March 25, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Chaos, Accomplishment, And Work: What A Duke Law Prof Learned On Paternity Leave

Ernest A. Young (Duke), Chaos, Accomplishment, and Work, or, What I Learned on Paternity Leave, 27 Duke J. Gender L. & Pol'y 269 (2020):

Late in life, minding my own business, I was blessed with a baby girl. My wife, Erin, was a federal employee and thus—somewhat surprisingly—not entitled to any maternity leave other than accumulated vacation and sick days. As a pampered law professor, on the other hand, I received a full semester off, so long as I was the primary caregiver to the child. Put that together with the usual summer vacation, and I had a full six months to spend with our little bundle of joy after Erin went back to work.

I found it a difficult experience. This was not because Caroline was a particularly difficult baby. There was, to be sure, the usual quantum of screaming and sleep deprivation. And as a scholar of the structural Constitution, I find the completely unaccountable power of an infant who can neither be reasoned with nor overruled difficult to accept.1 But I came to realize that the real reason for my discomfiture was that what I was doing in caring for my daughter did not fit comfortably with my accustomed notions of work and accomplishment. Working through why that was so can, I think, tell us something useful about how we think about work, the messages we send our students about what they should aspire to in their careers, and even—perhaps—a philosophy of social change and the good life. ...

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March 25, 2021 in Legal Ed Scholarship, Legal Education | Permalink

LoPucki: A Comprehensive Theory And Style For Using PowerPoint To Teach Law

Lynn M. LoPucki (UCLA), The PowerPoint Channel, 17 U. Mass. L. Rev. ___ (2021):

PowerPoint 1This Article is the first to present a comprehensive theory and style for using PowerPoint to teach law. The theory is that presentation software adds a channel of communication that enables the use of images in combination with words. Studies have shown that combination to substantially enhance learning. The style is based on an extensive literature regarding the use of PowerPoint in teaching law and other higher education subjects as well as the author’s experimentation with PowerPoint over two decades. The Article states fourteen principles for slide or slide sequence design, provides the arguments from the literature for and against them, and explains the techniques by which the author implements them. It argues that PowerPoint is effective for eight kinds of presentation:

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March 25, 2021 in Legal Ed Scholarship, Legal Education, Scholarship, Teaching | Permalink

Wednesday, March 24, 2021

Deo: The End of Affirmative Action

Meera E. Deo (Thomas Jefferson), The End of Affirmative Action, 100 N.C. L. Rev. ___ (2021):

We have arrived at the end of affirmative action. Now, more than ever, institutions of higher learning must move beyond a single-minded focus on educational diversity, which admits students of color primarily to enrich the classroom experiences of their white peers and then ignores what they may need to maximize both engagement and retention. Instead, affirmative action programs need an immediate update; they should take contemporary issues of race and racism into account, as well as the lived realities of students of color—by including multiracial students, recognizing diversity beneath the student of color umbrella, acknowledging intra-racial differences in pan-ethnic groups, and accepting that the resources and realities of Black immigrants differ from native-born Black Americans. Furthermore, to maximize the benefits of educational diversity, institutions must also prioritize equity and inclusion once students are enrolled.

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March 24, 2021 in Legal Ed Scholarship, Legal Education | Permalink

The Academic Displaced: The Eviction Of The ‘Legal Educator’ From Pedagogy, Curriculum, And The Profession

Danushka Medawatte (Harvard; Google Scholar), The Academic Displaced: The Eviction of the ‘Legal Educator’ from Pedagogy, Curriculum, and the Profession:

The legal educator in Sri Lanka occupies a precarious space which is increasingly leading to academic displacement. This is exacerbated by poor pedagogic choices which have gained popularity amongst student masses for not requiring laborious student-centred education. ‘Narration sickness’ that pervades academia is viewed as a safe choice and it therefore hinders pedagogical innovations and renders the academic redundant. Externally, legal academics are perceived as not performing a socially relevant function. The author invites the reader to see how the increasing push for recognising the legal ‘professional’ as a ‘court-centric’ practitioner contributes to academic displacement within a university culture that dissuades ‘academics’ to engage in ‘practice’. Within this backdrop, changes effected to the existing curriculum are aligned with ‘bureaucratic rationalism’ that has infiltrated academia, and, is, at the least, indirectly sustained through student lethargy. The author focuses on three deep-rooted causes of academic displacement: namely, pedagogy and intellectual demise, curriculum traditionalism, and the narrow construction of the ‘legal practitioner’.

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March 24, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, March 23, 2021

Help Your Provost Help You During Promotion And Tenure Decisions

Nancy B. Rapoport (UNLV; Google Scholar), Help Your Provost Help You During Promotion and Tenure Decisions, 24 The Green Bag 83 (2020):

This short essay discusses how law school faculty members can help make the case for their tenure and promotion when it comes to university-level review.

In addition to not having a traditional peer-review process, and not having to place articles serially, law professors are generally among the highest-paid members of academia, and they generally teach fewer courses per year than their colleagues in other disciplines. If “know your judge” is the first commandment of litigators, then “know your colleagues” should be the first commandment of those preparing their promotion and tenure dossiers. No one on a university P&T committee intends to be biased against those of us in law schools who might have it easier, but you can imagine the dynamic that can occur when the law school member of the university P&T committee starts off explaining the students-pick-our-scholarship process to someone who has to publish entire books and who is teaching a 3-3 or 4-4 load while paying off educational debt with his or her much smaller salary. It’s better to anticipate objections to the way that law schools evaluate scholarship than it is to wing an explanation during the committee’s deliberations.

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March 23, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Improving The Signal Quality Of Law School Grades

Adam Chilton (Chicago), Peter A. Joy (Washington University), Kyle Rozema (Washington University) & James Thomas (Federal Trade Commission), Improving the Signal Quality of Grades:

We investigate how improving the signal quality of grades could enhance the matching of students to selective opportunities that are awarded early in academic programs. To do so, we develop methods to measure the signal quality of grades and to estimate the impact of changes to university policies on the identification of exceptional students for these opportunities. We focus on law schools, a setting where students are awarded important academic and professional opportunities after just one year of a three year program. Using transcript data from one top law school over a 40 year period, we document large gains in identifying exceptional students if selective opportunities were awarded with more grades and if law schools were to change certain personnel, course, and grading policies. Our findings provide motivation and a blueprint for how law schools and universities more generally could leverage their internal records to ensure that fewer exceptional students miss out on selective opportunities.

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March 23, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Building An Anti-Racist Law School At Penn State-Dickinson

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March 23, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Monday, March 22, 2021

U.S. News Denies Report That It Will Replace The 40% Reputation Component With HeinOnline Citations In Next Year's Law School Rankings

Following up on this morning's post, The New U.S. News Law School Rankings Methodology: Implications And Predictions:  Seth Barrett Tillman (National University of Ireland, Maynooth - Faculty of Law), The Future of U.S. News and World Report’s Law School Rankings: A Letter from A Friend:

Hein US News[T]he HeinOnline] ScholarRank score is about to become the single most important metric in American legal academia. Starting next year, 40% of each American law school’s U.S. News [and World Report] ranking will be based on HeinOnline’s cumulative ScholarRank of the school’s faculty (which apparently will consist of the combined faculty score divided by the number of tenured and tenure-track faculty). It’s going to have a huge impact on our field. Interestingly, however, most law school faculty (at least in my neck of the woods) seem unaware of ScholarRank.

I checked with Robert Morse (Chief Data Strategist, U.S. News & World Report) and he provided this response:

U.S. News will not replace the peer assessment score and assessment score by lawyers and judges with HeinOnline citation metrics in the 2023 law school rankings. We don’t have any announcements for future editions of the rankings.


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March 22, 2021 in Law School Rankings, Legal Ed Rankings, Legal Ed Scholarship, Legal Education | Permalink

Institutional Service, Student Care-Work, And Misogyny: Naming The Problem And Mitigating The Harm

Mary A. Lynch (Albany) & Andrea Anne Curcio (Georgia State), Institutional Service, Student Care-Work, and Misogyny: Naming the Problem and Mitigating the Harm, 65 Vill. L. Rev. 1119 (2020):

Study after study finds that higher education female faculty, and particularly women faculty of color, carry a disproportionate share of student care and institutional service work, much of which remains invisible and uncredited. Asymmetrical reliance on women faculty to expend the time and emotional labor costs involved in these tasks often inhibits scholarly productivity, impedes career advancement, and makes it more difficult for women to achieve reputational status and monetary rewards equivalent to comparably situated male faculty.

In this article, we explore how victim-blaming myths such as “women just volunteer more often” or “women can do less if they just say no” have been dispelled by data-based studies. Yet these myths continue to be used to perpetuate patriarchal structures that embed service and care workload disparities into the academy. We explore how misogyny, as defined by Philosopher Kate Manne in her iconic book Down Girl, has been the policing force that institutionalizes victim-blaming myths and resulting disparities. We discuss how the intersection of victim-blaming myths and the policing force of misogyny exact a toll both on women who comply with, and those who seek to upend, care giving and service norms. We posit that identifying the problem as misogyny is particularly important given that misogyny, as played out on an institutional level, often takes the form of what has been called “soft misogyny” i.e., behaviors by those who espouse a belief in equity and yet make decisions, often subconsciously, that appear fair and driven by individual choice but in fact perpetuate patriarchal structures.

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March 22, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Saturday, March 20, 2021

Beyond ‘Valid And Reliable’: The LSAT, ABA Standard 503, And The Future Of Law School Admissions

Eremipagamo Amabebe (J.D. 2020, NYU), Note, Beyond ‘Valid and Reliable’: The LSAT, ABA Standard 503, and the Future of Law School Admissions, 95 N.Y.U. L. Rev. 1860 (2020):

For nearly a century, the American Bar Association (ABA) has overseen the standards governing accredited law schools, which in turn constitute the primary pathway to the practice of law in the United States. ABA Standard 503 requires that all such schools use a “valid and reliable” examination to assess candidates for admission. Currently, the Law School Admissions Test (LSAT) is the only examination that the ABA has officially recognized as satisfying the standard. However, the LSAT—now approaching its eightieth year—has strayed far from the purposes it was originally designed to serve. Once a simple tool to aid in the assessment of diverse applicants, it has in recent decades become a significant barrier to entry with disparate negative impacts on women, racial minorities, individuals of low socio-economic status, and, perhaps most egregiously, those with disabilities. 

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March 20, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, March 18, 2021

Stories Of Leadership, Good And Bad: Another Modest Proposal For Teaching Leadership In Law Schools

Doris Del Tosto Brogan (Villanova), Stories of Leadership, Good and Bad: Another Modest Proposal for Teaching Leadership in Law Schools:

Dangerous leaders. That’s how Anthony Thompson describes lawyers — leaders who are dangerously unprepared for the demands of that role. He argues, and in this article I agree, that law schools must take up the task of educating lawyers to take up the challenges they will face as leaders.

People instinctively turn to lawyers to lead. Despite all the lawyer jokes (and they are legion), lawyers hold what many describe as a disproportionate number of leadership positions–mayors, legislators, chairs, CEO’s, and presidents. There is a reason for this. It is true, as critics argue, that traditional legal education has devoted little conscious time or attention to educating future lawyers for leadership. But while law schools may not have focused consciously on leadership, in many ways, lawyers’ skills are what cause people to trust lawyers as leaders: the ability to make a clear-eyed assessment of the situation, to identify the material facts and the operative constraints, to consider options, to assess risks and opportunities, and to offer a rational plan forward. Law schools teach this; along with a good bit of legal doctrine, law schools teach critical analysis, analogic reasoning, and problem solving — colloquially called learning to think like a lawyer. These skills do serve a leader well. But are they enough? Probably not. Lawyers have been at the vortex of some of the most spectacular failures of leadership we have witnessed, including ENRON, the Flint Water crisis, and the General Motors ignition cartridge scandal. Do law schools leave graduates dangerously unprepared for the leadership positions they will assume, as Thompson argues?

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March 18, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Wednesday, March 17, 2021

Professor Mom: The Pandemic's Disruption Of The Personal-Professional Divide In Legal Academia

Harmony Decosimo (Suffolk), Professor Mom: The Pandemic's Disruption of the Personal-Professional Divide in Legal Academia, 25 J. Legal Writing Inst. ___ (2021):

Lecturing on the art of oral advocacy while wedged onto my daughter’s bottom bunk, surrounded by her stuffed animals and proudly displayed soccer medals, pretty much epitomizes how the Coronavirus pandemic upended my professional life this spring. And while yes, I did consider using a virtual background to conceal my whereabouts, it seemed too blatant a lie at that point. I was barely holding the pieces of my life together, and I was fairly sure my students could tell. If you can’t relate to this story, you’re probably not a working mom.

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March 17, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Villanova Symposium: Gender Equality In Law Schools

Norman J. Shachoy Symposium, Gender Equality in Law Schools, 65 Vill. L. Rev. 933-1206 (2021):

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March 17, 2021 in Conferences, Legal Ed Conferences, Legal Ed Scholarship, Legal Education | Permalink

Safeguard Or Barrier: An Empirical Examination Of Bar Exam Cut Scores

Michael Frisby (Michigan; Google Scholar), Sam Erman (USC) & Victor D. Quintanilla (Indiana; Google Scholar), Safeguard or Barrier: An Empirical Examination of Bar Exam Cut Scores:

In 2019 more than forty percent of aspiring law school graduates failed the bar exam. Nearly thirty thousand test-takers otherwise qualified to practice law were, given the score threshold required to pass the exam (the “cut score”), lost to the profession. Had the cut score been lower, many would now be lawyers. This exclusion disproportionately affects members of underrepresented and disadvantaged groups who stand to benefit most from entry into the legal profession. A common defense for retaining or raising cut scores is that doing so prevents lawyer malfeasance. But the bar exam is not designed for these purposes. This paper enters this scholarly and regulatory conversation by testing whether states’ bar exam scores predict lawyer misconduct.

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March 17, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, March 16, 2021

Better Than Our Biases: Using Psychological Research To Inform Our Approach To Effective, Inclusive Feedback

Anne Gordon (Duke), Better Than Our Biases: Using Psychological Research to Inform Our Approach to Effective, Inclusive Feedback, 27 Clinical L. Rev. ___ (2021):

As teaching faculty, we are obligated to create an inclusive learning environment for all students. When we fail to be thoughtful about our own bias, our teaching suffers — and students from under-represented backgrounds are left behind. This paper draws on legal, pedagogical, and psychological research to create a practical guide for clinical teaching faculty in understanding, examining, and mitigating our own biases, so that we may better teach and support our students.

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March 16, 2021 in Legal Ed Scholarship, Legal Education, Teaching | Permalink

Sunday, March 14, 2021

Nonlegal Scholars Who Attack Originalism As Biblical Fundamentalism Fail To Understand That The Constitution Is Both Fallible And Authoritative

Following up on last Sunday's post, Originalism’s Original Sin: The Legal Philosophy Cloaks Its Theocratic Impulses In Secular Garb:  Chronicle of Higher Education:  Humanists, Want to Attack Originalism? Learn About Law, by Paul Gowder Northwestern) & Noah Feldman (Harvard):

Earlier this month, Adam Shapiro argued in the Review that constitutional originalism should be understood as a version of inerrantist biblical fundamentalism. The two essays here, by the constitutional-law professors Paul Gowder and Noah Feldman, respectively, sharply disagree with that view — and continue a debate playing out in our pages since October, when Amy Coney Barrett was confirmed to the Supreme Court [Scholars Who Attack ‘Originalism’ Should Know What It Means; Historians and Literature Profs Without Real Knowledge Are Weighing in on Legal Debates].

Paul Gowder (Northwestern), Originalism Has Many Problems. Its Imagined Religious Origin Is Not Among Them.:

Adam Shapiro’s unfortunate effort to argue against “the idea that only legal schools can competently critique originalism” actually serves as evidence for the opposite point. His critique of originalism is rooted in a misunderstanding of why lawyers operate with laws written down in texts. A critic with legal training would have been able to address the debate about originalism as a debate about textual interpretation and about the values our legal system seeks to serve, rather than making a facile effort to assimilate the interpretive method to some kind of theocracy. ...

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March 14, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, March 11, 2021

A Guide To Quantitative Legal Research

Shai Dothan (Copenhagen; Google Scholar), A Guide to Quantitative Legal Research:

This is a simple, non-technical introduction to conducting quantitative legal research. It discusses the main tools for measuring statistical significance, some problems that occur in empirical research and how to solve them, specific tools for investigating courts, and the challenges that courts raise for quantitative research. The chapter is designed to serve as a guide for law students who wish to write a thesis or an essay that includes quantitative research.

This chapter is but a short introduction to the use of quantitative methods in legal analysis. To all of you who want to learn more, I can recommend an excellent book-length guide – Lee Epstein (Washington University) & Andrew D. Martin (Washington University), An Introduction to Empirical Legal Research (Oxford University Press 2014).

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March 11, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Wednesday, March 10, 2021

The Soft-Shoe And Shuffle Of Law School Hiring Committee Practices

Carliss Chatman (Washington & Lee; Google Scholar) & Najarian Peters (Kansas), The Soft-Shoe and Shuffle of Law School Hiring Committee Practices, 69 UCLA L. Rev. ___ (2021):

“We have too many Black and Brown faculty,” said no one ever in any law school. Each year we sit in appointments discussions and hear the same things. The classics—oldies but goodies from appointments committees are:

“We can’t find any qualified Black candidates.”

“There weren’t any in the Faculty Appointments Register (FAR), we scoured websites and emailed our Black friend yet found no one.”

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March 10, 2021 in Legal Ed Scholarship, Legal Education | Permalink