Paul L. Caron
Dean





Wednesday, August 24, 2022

Tampon Taxes: Menstruation, Pregnancy, And The Complexities Of Comparison

Emily Gold Waldman (Pace), Compared to What? Menstruation, Pregnancy, and the Complexities of Comparison, 41 Colum. J. Gender & L. 218 (2021): 

Columbia Journal of Gender and the LawWhen crafting a sex discrimination argument, finding the right comparison can be crucial. Indeed, comparison-drawing has been a key strategy for advocates challenging the constitutionality of the tampon tax. In their 2016 lawsuit challenging New York’s tampon tax, the plaintiffs alleged that the New York State Department of Taxation and Finance had imposed a “double standard” when deciding which products would be considered tax-free medical items and which would not. Similar arguments were made in the subsequent challenge to Florida's tampon tax. In both cases, the arguments had powerful rhetorical force, helping to effectuate legislative repeal of the tampon taxes in those states.

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August 24, 2022 in Legal Ed Scholarship, Legal Education, Scholarship, Tax, Tax Scholarship | Permalink

Tuesday, August 23, 2022

The Year Of Magical Teaching: Lessons Learned From One Class In Three Modalities

Debra Moss Vollweiler (Nova), The Year of Magical Teaching: Lessons Learned from One Class in Three Modalities:

This article narrates eight key lessons learned by an experienced law professor teaching one course in three different ways during one academic year. During the 2021-2022 academic year, I taught one course—Secured Transactions—three times, for three different schools, and in three different modalities. While I certainly do not stand alone in self-reflecting on my teaching during recent times, in the recent year, I had a unique situation that allowed me to isolate and consider my teaching of a subject, away from preparing the doctrine of the subject itself.

Although thinking about “teaching” historically was not the focus of law professors in legal education, there has been a slow steady change in the interest of the discipline of teaching among legal educators. More recently, it is already clear that the global pandemic of 2020 has awakened a new wave of thinking about teaching in legal education, although this time, hitting more faculty more personally. It is now clear that law faculty all need—and that students deserve—support and training in best educational practices to ensure success. The lessons learned in this past year can further that goal.

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August 23, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Women In U.S. Law Schools, 1948-2021

Elizabeth D. Katz (Washington University), Kyle Rozema (Washington University; Google Scholar) & Sarath Sanga (Northwestern; Google Scholar), Women in U.S. Law Schools, 1948-2021:

We study the progress of women’s representation and achievement in law schools. To do this, we assemble a new dataset on the number of women and men students, faculty, and deans at all ABA-approved U.S. law schools from 1948 to the present. These data enable us to study many unexplored features of women’s progress in law schools for the first time, including the process by which women initially gained access to each law school, the variance in women’s experiences across law schools, the relationship between women’s representation and student achievement, and the extent to which women occupy lower status faculty and deanship positions. We contextualize our findings by situating them within the vast qualitative literature on women’s experiences in law schools and the legal profession.

Figure 2

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August 23, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monday, August 22, 2022

Are Law Schools Raising Their Attrition And Transfer Rates To Boost Their Bar Exam Pass Rates?

Jason Scott (AccessLex; Google Scholar) & Joshua Jackson (AccessLex), Are Law Schools Cream-Skimming to Bolster Their Bar Exam Pass Rates?:

Law schools are held accountable on many fronts to achieve and maintain high bar passage rates. ABA Standard 316 is likely the strongest accountability measure. While the course of legal education itself, along with academic and bar success interventions, is a key driver of bar exam performance, Bahadur et al. suggests that other, obscure institutional practices can serve to inflate institutional bar passage performance [Academic Attrition And Transfers, Not Pedagogy, Drive A Law School's Bar Exam Performance]. Such practices could include recruitment and admission of transfer students and academic attrition. We examine this hypothesis to assess the influence of both attrition and transfer on law schools’ bar passage rates. ...

The initial phase of investigating Bahadur et al.’s claim is to examine whether relationships exist between a school’s attrition and transfer rates and both its pass differential and LSAT/UGPA index score.

At first glance, there does appear to be a relationship between a school’s first-time pass differential and its rates of attrition and transfer (see Figure 1).

Figure 1

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August 22, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, August 18, 2022

Brooks Reviews Givens's Radical Empathy: Finding A Path To Bridging Racial Divides

Susan L. Brooks (Drexel), Book Review, 5 Int'l J. Restorative Just. __ (2022) (reviewing Terri E. Givens, Radical Empathy: Finding A Path To Bridging Racial Divides (2021): 

Radical empathyIn her recent book, Dr. Terri Givens, a highly accomplished political scientist and entrepreneur, guides readers through the process of her own racial healing and invites them to create parallel journeys for themselves. Givens identifies the core element and requirement for the work of racial healing as empathy, which she defines as ‘the ability to see the world from another person’s perspective, in order to understand their feelings and life experiences.’ She uses the term ‘radical empathy’ to emphasize the need to move from feeling to doing, from recognizing the humanity in another person to taking action toward racial and social justice. Givens separates radical empathy into distinct steps representing the practices required to engage in this ongoing effort. These include becoming grounded in who you are, a willingness to be vulnerable, opening yourself to the experiences of others, and creating change and building trust. Throughout the book she demonstrates these practices by weaving together her personal and family narratives with scholarly writings on racial justice and other topics that represent highlights of her life experience and expertise, including leadership, healthcare, love and marriage, and European history. Consistent with Givens’ emphasis on action, at the end of each chapter she includes a set of suggested steps readers can take to move along the path toward creating positive personal and social transformation.

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August 18, 2022 in Book Club, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, August 17, 2022

Teaching To Neurodiverse Law Students

Jennifer Kindred Mitchell (George Washington), Teaching to Neurodiverse Law Students, 29 Persps. ___ (2021):

NeuroTribesAs the legal academy continues to explore ways to incorporate diversity, equity, and inclusion into our schools and curriculum, this article seeks to expand our understanding of DEI to include neurodiversity. Legal writing is a challenging subject to teach and for neurodiverse students can be especially daunting to grasp. This Article is meant to increase awareness of the neurodiversity movement and suggest ways to assist neurodiverse law students develop their legal writing and research skills.

Conclusion
Neurodiverse students bring new perspectives to education and law school. Raising neurodiversity awareness and focusing on students’ strengths are excellent starting points to better attract and integrate neurodiverse people into the legal profession. The neurodiversity concept has certainly turned my view of learning disabilities on its head. Steve Silberman, in his book NeuroTribes, states, “We have to learn to think more intelligently about people who think differently.” Understanding neurodiversity requires thinking about the brain as an adept and adaptive organism that maximizes success from limitations, in other words it makes lemonade from lemons, and not all aspects of an atypical brain are limited.

Silberman summarizes neurodiversity well and challenges us to think from the perspective of neurodiverse people:

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August 17, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Pre-Publication Publications: SSRN And Self-Plagiarism

Gregory S. Crespi (SMU; Google Scholar), Pre-Publication Publications:

SSRN Logo (2018)Many law professors now post essentially complete drafts of their articles on SSRN and/or on university-sponsored working paper websites prior to submitting those articles for journal publication. This “pre-publication publication,” so to speak, is useful for both authors and their readers, but it raises some self-plagiarism issues, and there does not yet appear to be a broad consensus on how those issues should be addressed. 

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August 17, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, August 16, 2022

Weathering Invisible Labor

Ederlina Co (Pacific), Weathering Invisible Labor, 51 Sw. L. Rev. 258 (2022):

SWProfessor Meera Deo’s Unequal Profession: Race and Gender in Legal Academia powerfully demonstrates how the legal academy has adopted many of American society’s social hierarchies as they relate to race and gender. Inspired by Unequal Profession and using a Critical Race Feminism framework, this Essay centers on women of color professors and the problem of invisible labor in legal academia.

Although for many women of color professors invisible labor involves a labor of love, this Essay contends that the legal academy’s unwillingness to recognize it in a meaningful manner marginalizes women of color professors, devalues how important invisible labor is to law students, law schools, and the legal profession, and perpetuates a raceXgender institutional bias. 

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August 16, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

The Median Real Income Of Lawyers Has Fallen 1.9% Since 2001

James V. Koch (Old Dominion) & Barbara Blake-Gonzalez (Old Dominion; Google Scholar), Why Has the Median Real income of Lawyers Been Declining?,  46 J. Econ. & Fin ___ (2022):

The median real incomes of lawyers have been declining. In 2001, the median real income of lawyers in the 50 states plus the District of Columbia was $129,389 (July 2020 prices). Almost two decades later, in 2020, this number had fallen to $126,930, 1.90% less than in 2001.

Lawyers Income 3

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August 16, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Monday, August 15, 2022

Tenured-Terminations, 2000-2021

Deepa Das Acevedo (Alabama; Google Scholar), Tenured-Terminations:

The debate over faculty tenure has proceeded despite a glaring absence of data on tenure’s real-world operations as an employment practice. I use an original, manually-assembled dataset of “tenured-terminations” from 2000 to 2021 to offer a first look into the landscape of tenured employment via instances where tenure was overcome. The data show reveal remarkable patterns in the demographics and circumstances of tenured-terminations. The data also trouble assumptions about the misuse of academic freedom by illuminating the narratives and counternarratives advanced by the universities and faculty who are involved in tenured-terminations. These findings have implications for supporters and critics of tenure alike.

Tenured-Terminations by Race:
Race

Tenured-Terminations by Age:

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August 15, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

The Politics Of Bar Admission: Lessons From The Pandemic

Leslie C. Levin (Connecticut; Google Scholar), The Politics of Bar Admission: Lessons from the Pandemic, 50 Hofstra L. Rev. 81 (2021):

The controversy over how and whether to administer the July 2020 bar examination during the COVID-19 pandemic upended the usual process of lawyer regulation. New actors—including bar applicants—very publicly challenged regulators’ decisions and questioned the safety and fairness of plans for the bar exam. Some advocated for emergency admission without the need to satisfy the bar examination requirement. Joined by law school deans and faculty, the advocacy occurred against the backdrop of the politicization of COVID-19, street protests over police misconduct and racial inequality, and long-standing skepticism about the value and fairness of the bar exam. Regulators throughout the United States reached very different decisions about how to proceed.

Bar Exam

This article uses eight case studies of states’ responses to explore why these differences occurred. They reveal how a state’s political culture and political attitudes toward the pandemic seemingly informed some regulators’ responses.

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August 15, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Saturday, August 13, 2022

Millennial Leadership In Law Schools: Essays On Disruption, Innovation, And The Future

Millennial Leadership in Law Schools: Essays on Disruption, Innovation, and the Future (Ashley Krenelka Chase (Stetson; Google Scholar), ed. 2021):

Millenial Leadership 3This book explores the role millennials will play—as faculty, administrators, or staff members—in shaping the future of legal education, and what the academy can do to embrace the millennial generation as colleagues, not students.

Section I brings together chapters that focus on the culture of law schools, and the need to embrace a new, forward-thinking and innovative way of defining what law schools are and do and how we educate students. The chapters in Section II focus on relationships: the relationships millennials in the academy have with ourselves, our institutions, and the community. Section III includes chapters that detail how Millennial leaders work in the classroom, how they use things like feedback and assessment to change the dynamic in the classroom and to innovate law school pedagogy to educate well-rounded lawyers. Section IV is an essential read for anyone who spends time thinking about the current legal economy and law schools’ roles in educating practice-ready lawyers. Finally, Section V includes chapters on change. Legal education has no choice but to evolve, and these authors present ideas on how to embrace millennial ideology to do just that.

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August 13, 2022 in Book Club, Legal Ed Scholarship, Legal Education | Permalink

Thursday, August 11, 2022

The ABA Should Be Required To Disclose Law School Accreditation Information

Henry Webb (Palm Beach Atlantic), Patrick Baker (Tennessee; Google Scholar) & Kaleb Byars (J.D. 2021, Tennessee), Accreditation Information Produced by United States Law Schools to the American Bar Association Should be Made Available to the Public From Both Law and Policy Perspectives, 34 Loy. U. Chi. Consumer L. Rev. 79 (2021):

ABA Legal Ed (2021)This article argues that, from a legal perspective, the American Bar Association (“ABA”) is the functional equivalent of a government agency and so is subject to the United States Freedom of Information Act. Under Soucie v. David and related cases, the fact that the ABA has the final decision-making authority to decide whether a United States law school is or is not to be accredited renders it the functional equivalent of a government agency, and the ABA’s refusal to make available to the public the voluminous amount of important information produced to the ABA by law schools going through the accreditation and accreditation review processes is illegal and would not likely survive a challenge in court.

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August 11, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

What Do Law Professors Believe About Law And The Legal Academy?

Eric Martínez (Graduate Student, MIT) & Kevin Tobia (Georgetown; Google Scholar), What Do Law Professors Believe about Law and the Legal Academy? An Empirical Inquiry:

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates.

Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law.

Top 10

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August 11, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Trailblazing And Living A Purposeful Life In The Law: A Dakota Woman’s Reflections As A Law Professor

Angelique EagleWoman (Mitchell|Hamline; Google Scholar), Trailblazing and Living a Purposeful Life in the Law: A Dakota Woman’s Reflections as a Law Professor, 51 Sw. U. L. Rev. 227 (2022):

SWThis Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of color are faculty members in every law school in the United States, the research, analysis, and recommendations tailored to the experience of women of color law faculty should be a priority topic in those same law schools. As a Native American woman law professor, my experience and journey in legal academia resonate with many of the topics in this important work.

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August 11, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, August 10, 2022

A Supreme Dilemma: Admissions v. Representation In Law School And Legal Profession

Ahmuan Williams (J.D. 2023, Oklahoma), A Supreme Dilemma: Admissions v. Representation in Law School and Legal Profession:

Diversity in the legal profession does not have to be a myth, but we have to put in the effort to do it. A Supreme Dilemma: Admissions v. Representation in Law School and Legal Profession gives you an idea of the challenges and history of being a minority in the legal profession created exclusively for white men. This paper examines affirmative action and its need to diversify the legal profession. It starts by examining the controversies in diversity and the legal profession. Then it acknowledges the positive impacts of diversity initiatives in the legal profession. It concludes by recommending that we adopt long-term diversity initiatives through our state constitutions, amendments, and education.

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August 10, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, August 3, 2022

The Top 100 Law Schools, Based On 5-, 10-, And 15-Year Rolling Average U.S. News Rankings

U.S. News Law (2019)Bradley A. Areheart (Tennessee), The Top 100 Law Reviews: A Reference Guide Based on Historical USNWR Data:

The best proxy for how other law professors react and respond to publishing in main, or flagship, law reviews is the US News and World Report (USNWR) rankings. This paper utilizes historical USNWR data to rank the top 100 law reviews. The USNWR rankings are important in shaping many – if not most – law professors’ perceptions about the relative strength of a law school (and derivatively, the home law review). This document contains a chart that is sorted by the 10-year rolling average for each school, but it also contains the 5-year and 15-year rolling averages. This paper also describes my methodology and responds to a series of frequently asked questions. The document was last updated in August 2022.

Here are the Top 75 law schools based on their 5-year rolling average overall U.S. News ranking:

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August 3, 2022 in Law School Rankings, Legal Ed Rankings, Legal Ed Scholarship, Legal Education | Permalink

Tuesday, August 2, 2022

Stephen Carter, Deborah Merritt, And The Bar Exam

Deborah J. Merritt (Ohio State; Google Scholar), Stephen Carter on the Bar Exam:

Eminent Yale Professor Stephen Carter has penned has penned a thoughtful critique of the bar exam [RIP to the LSAT? Let’s Kill the Bar Exam, Too]. Professor Carter notes the exam’s similarities to the LSAT, which some law schools have abandoned as an admissions requirement. In addition to their shared affection for multiple choice questions, the LSAT and bar exam both constrain the diversity of our profession. Despite the bar exam’s disproportionate racial impact, Professor Carter notes, the exam has never been properly validated. Here, he cites a column I wrote in 2017 for the AALS Newsletter.

As I wrote then, state bar examiners and NCBE designed the bar exam around a definition of minimum competence that they “felt in their bones.” NCBE did not conduct a practice analysis of the knowledge and skills that new lawyers need until 2012. That analysis supported some of the doctrinal subjects that NCBE was testing, but not the depth of memorization required by the exam. The analysis also confirmed that skills like researching the law, fact gathering, negotiating, and interviewing were essential for law practice–all skills conspicuously absent from the bar exam.

NCBE conducted another practice analysis in 2019, which once again exposed numerous flaws in the exam. My own research conducted with Logan Cornett and IAALS (the Institute for the Advancement of the American Legal System) [Building A Better Bar Exam: The Twelve Building Blocks Of Minimum Competence], reached a similar conclusion: the written bar exam tests both too much and too little. It restricts admission to the profession (especially of people of color) without adequately protecting the public. ...

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August 2, 2022 in Legal Ed News, Legal Ed Scholarship, Legal Education | Permalink

Listening To Our Students: Fostering Resilience And Engagement To Promote Culture Change In Legal Education

Ann Sinsheimer (Pittsburgh) & Omid Fotuhi (Pittsburgh), Listening to Our Students: Fostering Resilience and Engagement to Promote Culture Change in Legal Education, 26 Legal Writing: The J. Legal Writing Inst. 81 (2022):

In this Article, we describe a dynamic program of research at the University of Pittsburgh School of Law that uses mindset to promote resilience and engagement in law students. For the last three years, we have used tailored, well-timed, psychological interventions to help students bring adaptive mindsets to the challenges they face in law school. The act of listening to our students has been the first step in designing interventions to improve their experience, and it has become a kind of intervention in itself. Through this work, we have learned that simply asking our law students about their experiences and listening carefully to their answers helps create an environment that supports academic and professional growth.

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August 2, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Saturday, July 30, 2022

Listen!: Amplifying The Experiences Of Black Law School Graduates In 2020

Sarah J. Schendel (Suffolk; Google Scholar), Listen!: Amplifying the Experiences of Black Law School Graduates in 2020, 100 Neb. L. Rev. 73 (2021):

Law students graduating in 2020 faced a number of unusual challenges. However, perhaps no students faced more emotional, psychological, logistical, and financial challenges than Black law school graduates in 2020. In addition to changes in the administration of the bar exam (including the use of technology that struggled to recognize Black faces) and delays in the administration of the exam that led to anxiety and increased financial instability, Black communities were concurrently being disproportionately impacted by the COVID-19 pandemic. The pandemic led to increased care-taking responsibilities for many, concerns over the health of family members, and a lack of quiet and reliable space to study. Black law school graduates already struggling to juggle these challenges were also confronted with a rise in anti-Black police brutality, and the racist words and actions of politicians. As a result of this unprecedented series of stressors, many Black law gradates struggled to focus on studying for the bar, with some choosing to delay or abandon sitting for the bar altogether. Many expressed anger, disappointment, and betrayal at the profession they have worked so hard to enter. This Article summarizes the survey responses of over 120 Black law students who graduated in 2020 and were asked how the COVID pandemic and increased anti-Black violence impacted their health, education, and career aspirations. It seems likely that the impact of 2020 on the presence and wellbeing of Black lawyers in the legal profession will be felt for years to come. As professors, deans, lawyers, and policymakers reexamine the function of the bar exam and confront inequalities in legal education, we need to listen to these graduates’ experiences.

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July 30, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, July 28, 2022

Ancillary Skills And Law School Success

Michael D. O. Rusco (Southern), Ancillary Skills and Law School Success, 35 The Second Draft 1 (2022):

This article assumes that some of what influences a student’s ultimate law school performance are “ancillary skills.” Ancillary skills are skills that affect performance or address stressors that law students commonly face but are not primarily academic or intellectual in nature. In fact, most of them are physiological, psychological, and organizational. Despite the impact these skills can have on performance, most law students are never advised on the effect they can have or instructed how to use them.

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July 28, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking

Dana Neacsu (Columbia; Google Scholar) & James M. Donovan (Kentucky; Google Scholar), Academic Law Libraries and Scholarship: Communication, Publishing, and Ranking, 49 J.L. & Educ. 433 (2020):

We argue that the increasing role of scholarly impact in determining a school’s status will provide a new opportunity for libraries to assume a critical institutional role behind its traditional support of scholarship and teaching. In practice, this increased role can evolve in a multitude of ways. Based on the data used here, a strong argument can be made in favor of each library taking charge of both their faculty scholarly impact and publication of its school’s journals. Based on the success story of Perma.cc, a good argument can be made in favor of creating a consortium supporting both these endeavors. Either way, our thesis is that libraries cannot confine themselves to the roles they played in the predigital era. Law faculties create scholarship, and law students decide how much of that scholarship is published in student-edited journals.

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July 28, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, July 27, 2022

Krauss: Pincites

Sam Fox Krauss (J.D. 2022, NYU; Google Scholar), Note, Pincites, 97 N.Y.U. L. Rev. __ (2022):

Within the literature on legal scholarship, academics have studied citation practices. For example, scholars have examined which authors, journals, and articles are most-cited. But no one has examined which parts of articles scholars cite. Understanding which parts of articles scholars cite is not only intrinsically interesting, but also could inform how authors structure articles. This Note presents the results of a unique, hand-coded dataset of thousands of pinpoint citations. In brief: authors are more likely to cite the beginning of articles but split their remaining citations roughly evenly among the remainder. This pattern holds across flagship journals of variously-ranked law schools and articles of varying lengths, but is less-pronounced for self-citation. While a cynical explanation of the data is possible, a better explanation serves as a modest rebuttal to certain criticisms of legal scholarship.

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July 27, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Fall 2022 Online Law Review Article Submission Guide

Following up on last week's post, Fall 2022 Law Review Article Submission Guide:  Bridget J. Crawford (Pace; Google Scholar), Information for Submitting to Online Law Review Companions:

Law Review SubmissionsThis document contains information about submitting essays, commentaries, reviews, responses, and other writings to online companions to the main law reviews and journals at selected law schools. The document includes word-count limitations, subject matter specifications, preferred submission methods, whether articles from the online journal are included in HeinOnline’s Law Journal Library and other information of possible interest to authors. It covers 20 online companions to main law reviews.

Bridget J. Crawford, Submission Guide for Law Review Online Companions:

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July 27, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, July 26, 2022

Black Lives Matter: On Challenging The Soul Of Legal Education

Phil Lord (Bora Laskin Faculty of Law, Lakehead University (Ontario, Canada); Google Scholar), Black Lives Matter: On Challenging the Soul of Legal Education, 54 Tex. Tech L. Rev. 89 (2021):

Black Lives MatterIn 2020, the Black Lives Matter movement moved to the fore. Many Americans understood for the first time that racism persists in countless aspects of American society and that the legacy of our past is deep and structural. The legal academy, and higher education more broadly, responded by hiring more racialized scholars and making curricular changes. While I salute this effort, I argue that law schools chose to take the easiest path, instead of seizing the opportunity to question, and challenge, the structure and nature of legal education. I consider the structural characteristics of legal education that contribute to the exclusion of racialized and historically marginalized groups.

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July 26, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Crawford: The Bar Exam, Menstruation, And Unconstitutional Tampon Bans

Bridget J. Crawford (Pace; Google Scholar), Menstruation and the Bar Exam: Unconstitutional Tampon Bans, 40 Colum. J. Gender & L. 63 (2021):

Columbia Journal of Gender and the LawSome states have policies that prevent bar exam candidates from bringing their own menstrual products to the test. Via social media, awareness of these policies achieved new heights in the weeks leading up to the July 2020 bar exam. While states adopted different approaches to administering the bar exam during the COVID-19 pandemic, a small number of jurisdictions responded to public criticism by permitting test-takers to bring menstrual products with them to exams. Not all states have adopted permissive policies, however. This essay explains why outright bans on menstrual products at the bar exam likely are unconstitutional. So-called alternate policies, such as making menstrual products available in women’s restrooms, are inadequate. Only a “free-carry” policy for menstrual products is consistent with welcoming all qualified candidates to the legal profession, without regard to biology.

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July 26, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Sunday, July 24, 2022

Confessions Of A Catholic Litigator

David A. Shaneyfelt (Alvarez Firm, Calabasas, CA), Confessions of a Catholic Litigator, 17 U. St. Thomas L.J. 111 (2020):

I imagine there are Navy Seals whose consciences prick them when they swim aboard an enemy’s base in the dead of night, slit the throats of guards on duty, retrieve a hostage, gun down pursuers, and swim back to their escape boat. They do what is necessary under the circumstances, within a framework that renders their actions morally unobjectionable. I am
not a Navy Seal. I am a civil litigator. And I am a Catholic, just as I know there are Catholic Navy Seals. I feel like the same lessons that apply to them apply to me, because I, too, seem to be doing the moral equivalent of slitting throats and gunning down enemies, while operating in a framework—the legal profession—that renders my actions morally unobjectionable.

For more than thirty years, I have struggled over my role within the framework of litigation. I want to be a good Catholic. I want to be a good lawyer. Can I be both? Are there things I must do in my practice that offend my faith (and thus offend God)? Conversely, will practicing my faith to the fullest make me an inferior lawyer? Am I binding myself to some higher standard than legal ethics require?

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July 24, 2022 in Faith, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, July 21, 2022

Heminway: Change Leadership And The Law School Curriculum

Joan MacLeod Heminway (Tennessee; Google Scholar), Change Leadership and the Law School Curriculum, 62 Santa Clara L. Rev. 43 (2022):

ChangeLawyers, as inherent and frequent leaders in professional, community, and personal environments, have a greater-than-average need for proficiency in change leadership. In these many settings, lawyers are charged with promoting, making, and addressing change. For example, one commentator observes that, “as stewards of the family justice system and leaders of change, family law attorneys have an ongoing responsibility to foster continuous system improvement.” Change is part of the fabric of lawyering, writ large. Change leadership, whether voluntarily assumed or involuntarily shouldered, is inherent in the lawyering task. Yet, change leadership—well known as a focus for attention in management settings and related academic literature—is rarely called out for individual or focused attention in the traditional law school curriculum. This article presents a brief argument for the intentional and instrumental teaching of change leadership to law students.

Conclusion
“If law schools seriously intend to prepare the next generation of leaders,” Professor Thompson avers, “they must recognize and embrace the duty to start this process of learning by exposing law students to leadership concepts and lessons through their pedagogy and substantive discussions.” Overall, we can do a great service to our students by introducing them to change leadership (and other common leadership processes) as well as leadership capacity, attributes, and styles. This article advocates providing law students with that introduction.

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July 21, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Black Law Student Attrition In The Age Of Affirmative Action: Why America's Current Diversity Framework Is Failing

Damon Christopher Williams (J.D. 2021, Toledo), Comment, Black Law Student Attrition in the Age of Affirmative Action: Why America's Current Diversity Framework Is Failing, 52 U. Tol. L. Rev. 653 (2021):

Black law students encounter unique obstacles that leave them with some of the highest non-transfer attrition rates among all groups. Theories have emerged alleging that Black law students are simply ill-suited for the educational environments they are accepted into. However, these theories fail to acknowledge the added pressures that accompany being a Black law student. The systems of racial discrimination present today, created in slavery and written into the laws Americans live by, have long been present in America’s educational
history. These systems create atmospheres where Black law students struggle to integrate. Without more, Affirmative Action as it stands is ill-equipped to fix the existing systems. As a result, the racially discriminatory effects Affirmative Action programs are trying to eradicate are cited as justifications for removing “unnecessary” Affirmative Action policies.

Indeed, when more than one out of every ten Black, first-year, law students drops out, the solution is not to end Affirmative Action; when 9% of the first-year population is Black, and 15.5% of all first-year attrition is by Black students, the solution is not to send Black law students to substandard schools; and when the attrition rate for White students is less than half of the attrition rate for Black students, the solution is not to “do nothing” with them.

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July 21, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, July 20, 2022

Fall 2022 Law Review Article Submission Guide

SubmissionsNancy Levit (UMKC) & Allen Rostron (UMKC) have updated their incredibly useful document, which contains two charts for the Fall 2022 submission season covering the 196 main journals of each law school.

We have created hyperlinks for each law review to take you directly to the law review’s submissions page. Again the chart includes as much information as possible about what law reviews are not accepting submissions right now and what months they say they’ll resume accepting submissions. About half of the websites now say something about whether they are accepting submissions and when they will. While many of these notes are simply that the law review is not currently accepting submissions, 17 journals [Alabama, Belmont, B.U., BYU, Colorado, Dickinson, Drexel, Hastings, Houston, Indiana-Bloomington, Maryland, Minnesota, Notre Dame, Ohio State (with limited exception), U.C.-Davis, U.C.-Irvine, and Utah] say they will open in February 2023,  [Arkansas] opens in March 2023, and 6 open in either Spring or “early” 2023 [Drake, Dule, Emory, Kentucky, Texas A & M, and William & Mary]. A handful of additional schools have indications of opening in January or February of 2022, which may or may not indicate a time frame shift.

The first chart (pp. 1-58) contains information gathered from the journals’ websites on:

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

The second chart (pp. 59-66) contains the ranking of the law reviews and their schools under six measures:

  • U.S. News: Overall Rank
  • U.S. News: Peer Reputation Rating
  • U.S. News: Judge/Lawyer Reputation Rating
  • Washington & Lee Citation Ranking
  • Washington & Lee Impact Factor
  • Washington & Lee Combined Rating

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July 20, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Tuesday, July 19, 2022

Heminway: Leadership For The Transactional Business Law Student

Joan MacLeod Heminway (Tennessee; Google Scholar), Leadership for the Transactional Business Law Student, 22 Transactions: Tenn. J. Bus. Law 311 (2022): 

We do not always acknowledge this in legal education, but our students are learning to be leaders, because lawyers are leaders. That is as true of transactional business lawyers as it is of litigators, lawyers who hold political or regulatory appointments, lawyers engaged with compliance, and lawyers in general advisory practices. Yet, most law schools do little, if anything, to teach law students about leadership, or allow them to explore the contours and practices of lawyer leadership.

This edited transcript explains the importance of teaching leadership skills, traits, and processes to transactional business law students and offers insights on how instructors in a law school setting might engage in that kind of teaching as part of what they do. 

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July 19, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monday, July 18, 2022

Learning Outcomes: Helping Students, Employers, Clients, And Law Schools

Neil W. Hamilton (St. Thomas-MN; Google Scholar) & Jerome M. Organ (St. Thomas-MN), Learning Outcomes that Law Schools Have Adopted: Seizing the Opportunity to Help Students, Legal Employers, Clients, and the Law School, 69 J. Legal Educ. ___ (2022):

Journal of Legal Education (2022)Over the next several years, legal education’s movement toward learning outcomes and better assessment offers an excellent opportunity for proactive law schools to realize substantial benefits for their students and the schools themselves. Students and graduates with strong evidence of later-stage development of competencies in addition to the standard cognitive “thinking like a lawyer” skills will have higher probabilities of good post-graduation outcomes that will help the students, clients, legal employers, the school, and the legal system. Law schools that are proactive early leaders will be rewarded.

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July 18, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Saturday, July 16, 2022

Doing Law School Wrong: Case Teaching And An Integrated Legal Practice Method

Gregory Marsden (Monterrey Law School) & Soledad Atienza (IE Law School), Doing Law School Wrong: Case Teaching and an Integrated Legal Practice Method, 66 St. Louis U. L.J. (2022):

SLU LJSince its inception, the Langdellian case method has been used to teach legal analysis and reasoning to generations of U.S. law students. For nearly as long, business school faculty have used their own version of the case method to teach management decision-making. In law school, a “case” is an appellate court decision, which students must analyze in preparation for Socratic questioning. To business students, a “case” is a narrative problem they must solve before debating and defending their solutions in a moderated classroom discussion.

This Article asserts that neither of these two methods are optimal to prepare students for bar admission and the practice of law.

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July 16, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, July 14, 2022

A Black Woman Law Dean Speaks About The Precarity Of Leadership

Danielle M. Conway (Penn State-Dickinson), A Black Woman Law Dean Speaks About The Precarity of Leadership, 51 Sw. L. Rev. 240 (2022):

SWI was honored to write an essay as a contribution to the Southwestern Law Review Symposium dedicated to amplifying the Professor Meera Deo's groundbreaking book, titled Unequal Profession: Race and Gender in Legal Academia (Stanford University Press, 2019). Unequal Profession is a triumphant work in large part because of its data-driven analysis about the pervasiveness of raceXgender bias and discrimination within the legal academy, but also it is in great measure because of its timing.

In this most recent era of racial reckoning, we are confronting law and the legal academy’s complicity in scaffolding systemic inequity around what should be strong democratic structures. The manner in which the legal academy has perpetuated a status quo that feeds for its existence off of raceXgender subordination is clearly demonstrated in Unequal Profession as both a real and pervasive phenomenon, weakening the legal academy as a democratic institution.

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July 14, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, July 13, 2022

The Black–White Paradigm’s Continuing Erasure Of Latinas: See Women Law Deans Of Color

Laura Padilla (California Western), The Black–White Paradigm’s Continuing Erasure of Latinas: See Women Law Deans of Color, 99 Denver L. Rev. __ (2022):

This Essay describes the Black–White paradigm and how it erases communities of color that do not fit within it, thus further marginalizing already sidelined communities. The Essay focuses on Latinas, elaborating on how the Black–White binary places them in an impossible position, making it difficult to discuss race beyond Black and White and to consider and resolve other communities’ discrete, race related issues.

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July 13, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Deo: Progress And Backlash In Our Unequal Profession — Race And Gender In Legal Academia

Meera E. Deo (Southwestern), Progress and Backlash in our Unequal Profession, 52 Sw. U. L. Rev. 310 (2022):

Southwestern SymposiumOver the past two years, we have collectively suffered through a global pandemic, ongoing attacks on Black Americans (despite protests supporting Black Lives Matter), challenges to American democracy, increasing anti-Asian hate crimes, ongoing family separation at the border, and other forms of trauma. My book, Unequal Profession: Race and Gender in Legal Academia, was published in February 2019. It has lived through interesting times. In tandem with the aforementioned ordeals, there has also been progress on issues of diversity, equity, and inclusion. A growing body of scholarship now draws attention to inequities and offers solutions; law schools have organized conferences and initiated campus-wide efforts to facilitate greater inclusion. Yet, accompanying this headway has been backlash that pushes against the very values steeped within my book: Critical Race Theory (CRT) and anti-racism, the scientific method, and support for women. As we celebrate our successes and continue moving toward improved outcomes in legal education, we must also attentively guard against negative responses that threaten to erode our progress and push us further from equity.

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July 13, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monday, July 11, 2022

Pittsburgh Tax Review Publishes New Issue

The Pittsburgh Tax Review has published Vol. 19, No. 2 (2022):

Pittsburgh Tax Review (2021)

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July 11, 2022 in Legal Ed Scholarship, Legal Education, Scholarship, Tax, Tax Scholarship | Permalink

Journal Of Legal Education Publishes New Issue

The Journal of Legal Education has published Vol. 70, No. 1 (Fall 2020):

Journal of Legal Education (2022)From the Editors

Articles

At the Lectern

Book Reviews

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July 11, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Friday, July 8, 2022

Conway: Antiracist Lawyering Begins With Teaching Antiracism In Law School

Danielle M. Conway (Dean, Penn State-Dickinson), Antiracist Lawyering in Practice Begins with the Practice of Teaching and Learning Antiracism in Law School, 2022 Utah L. Rev. __ :

Utah Law ReviewI was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for their vigilance in using the power of scholarship, convening, and discourse to generate knowledge and inspire action that will be meaningful to our teaching and learning communities as we tackle the perennial issue of systemic racial inequality and intersectional injustice.

This Essay is a call to action for legal education, the legal academy, and the legal profession in America to address the complicity of law and legal systems in scaffolding systemic racial inequality and intersectional injustice.

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July 8, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, July 7, 2022

'It Is Okay To Not Be Okay': The 2021 Survey Of Law Student Well-Being

David Jaffe (American), Katherine Bender (Bridgewater State) & Jerome M. Organ (St. Thomas-MN), 'It is Okay to Not Be Okay': The 2021 Survey of Law Student Well-Being, 62 U. Louisville L. Rev. __ (2022):

The Survey of Law Student Well-Being, implemented in Spring 2014 [hereinafter “2014 SLSWB”], was the first multi-law school study in over twenty years to assess alcohol and drug use among law students, and it was the first multi-law school study ever to address prescription drug use, mental health, and help-seeking attitudes. The article summarizing the results of the 2014 SLSWB has been downloaded over 12,000 times.

With a desire to learn what has changed since 2014 given the increased emphasis on law student and lawyer well-being among law schools and legal professionals, the authors sought and received grant funding from AccessLex Institute to implement another survey of law student well-being. In addition to assessing alcohol use, street drug use, prescription drug use, mental health, and help-seeking attitudes, the 2021 Survey of Law Student Well-Being [hereinafter “2021 SLSWB”] also included new questions focused on law student experiences with trauma and on concerns of third-year law students related to preparing for and taking the bar exam. Additionally, the 2021 SLSWB included a set of open-text questions asking respondents to identify actions their law schools are taking or could be taking to support law student well-being.

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July 7, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

A Comment On Sander & Steinbuch's 'Mismatch And Bar Passage: A School-Specific Analysis'

Sherod Thaxton (UCLA; Google Scholar), A Comment on Sander and Steinbuch's “Mismatch and Bar Passage: A School-Specific Analysis”:

Richard Sander and Robert Steinbuch’s, “Mismatch and Bar Passage: A School-Specific Analysis,” offers a statistical analysis of the “law school mismatch hypothesis” in an effort to explain racial differences in the likelihood of passing the bar examination. Sander and Steinbuch claim their analysis is an improvement on prior studies of mismatch—which relied on data from the Law School Admission Council’s (LSAC) Bar Passage Study (BPS)—because their data are (a) more recent (the BPS is nearly 25 years old) and (b) permit the construction of a school-specific measure of mismatch than was not possible with the BPS.

Table 2

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July 7, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Looking Back: A Case Study Of Career Interest And Experiential Learning In Law School

David I.C. Thomson (Denver; Google Scholar) & Stephen Daniels (American Bar Foundation; Google Scholar), Looking Back: A Case Study of Career Interest and Experiential Learning in Law School, 56 Willamette L. Rev. 283 (2020):

As outsiders to the world of business law teaching, we started with an idea animating the Willamette symposium—career relevance. That idea says career interest matters when it comes to experiential learning-especially so for those with a career interest in business law. The idea being that these students are under-served or ill-served when it comes to experiential learning-a kind of business student reverse exceptionalism. Using data from our surveys of Denver Law students we set out to explore the career relevance idea by looking at students' preferred style of learning and their views on experiential learning, with attention to those envisioning a career in business law. In doing so, we wanted to see what our case study could add to the discussion of experiential learning with regard to those interested in business law. Our starting point was a null hypothesis of no career relevance and we end with a split decision on that simple hypothesis.

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July 7, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, July 6, 2022

Feminist Legal History And Legal Pedagogy

Paula A. Monopoli (Maryland), Feminist Legal History and Legal Pedagogy, 108 Va. L. Rev. Online 91 (2022): 

Virginia Law ReviewWomen are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications of feminist legal theory. It offers several examples to illustrate how centering women and correcting their erasure from our constitutional memory is essential to educating future judges and advocates.

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July 6, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

An Empirical Analysis Of Racial Bias In The UBE: A Law School’s First-Time Bar Pass Rate Decreases As Its Percentage Of Students Of Color Increases

Scott Devito (Ave Maria; Google Scholar), Kelsey Hample (Furman; Google Scholar) & Erin Lain (Drake; Google Scholar), Examining the Bar Exam: An Empirical Analysis of Racial Bias in the Uniform Bar Examination, 55 U. Mich. J.L. Reform ___ (2022):

The legal profession is one of the least diverse in the United States. Given continuing issues of racism in our society, the central position the justice system occupies in our society, and the vital role lawyers play in that system, it is incumbent upon those in the profession to identify and remedy the causes of this lack of diversity. This Article seeks to understand how the bar examination, the final hurdle to entry into the profession, contributes to this lack of diversity. Using publicly available data, we analyze whether the ethnic makeup of a law school’s entering class correlates to the school’s first-time bar pass rates on the Uniform Bar Examination (UBE). We find that the higher the proportion of Black and Hispanic students in a law school’s entering class, the lower the first-time bar passage rate for that school, in its UBE jurisdictions, three years later.

Figure 1

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July 6, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, June 30, 2022

Get Out: Structural Racism In The Legal Academy And Academic Terror

Renee Nicole Allen (St. John's; Google Scholar), Get Out: Structural Racism and Academic Terror, 29 Wm. & Mary J. Women & L. __ (2023):

Get OutReleased in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.

Like Get Out, this article reveals academic horrors that are far too familiar to people of color. In the legal academy, structural racism is the monster, and under the guise of academic freedom, faculty members inflict terror on marginalized people. Black bodies are objectified and colonized in the name of diversity and antiracism. No matter how loud we scream, it remains a Sunken Place. Only time will tell if the antiracism proclamations of 2020 are a beginning or a killer ending.

This article explores the relationship between structural racism and academic terror in the legal academy and articulates an effective framework for analyzing academic terrorism.

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June 30, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Gender Pay Disparities In The Legal Academy

Christopher J. Ryan (Louisville; Google Scholar) & Meghan Dawe (American Bar Foundation; Google Scholar), Mind the Gap: Gender Pay Disparities in the Legal Academy, 34 Geo. J. Legal Ethics 567 (2021):

Differences in pay between women and men in the same jobs have captured the public's attention in recent years. However, public interest in and press coverage of salary differences on the basis of gender—or any other ascriptive class—in the learned professions are wanting. Moreover, few studies have spoken directly on the gender pay disparities in the legal academy, despite emerging evidence of its existence at multiple law schools. In this Article, we use a unique dataset, drawn from the only nationally representative survey to date of tenured law professors in the United States, to track how gender and race are tied to salary outcomes. But we look beyond the raw differences in salary, probing the mechanisms that undergird gendered pay inequities.

Table 14

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June 30, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Wednesday, June 29, 2022

Ohio State Festschrift In Honor Of Deborah Jones Merritt

Festschrift in Honor of Deborah Jones Merritt, 82 Ohio St. L.J. 879-951 (2021):

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June 29, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Thursday, June 23, 2022

Inazu: Beyond Unreasonable

John Inazu (Washington Univ.), Beyond Unreasonable, 99 Neb. L. Rev. 375 (2020):

The concept of “reasonableness” permeates the law: the “reasonable person” determines the outcome of torts and contracts disputes, the criminal burden of proof requires factfinders to reach conclusions “beyond a reasonable doubt,” and claims of self-defense succeed or fail on reasonableness determinations. But as any first-year law student can attest, the line between reasonable and unreasonable is not always clear. Nor is that the only ambiguity. In the realm of the unreasonable, many of us intuit that some actions are not only unreasonable but beyond the pale—we might say they are beyond unreasonable. Playing football, summiting Nanga Parbat, and attempting Russian roulette all risk serious injury or death, but most people do not view them the same. These distinctions raise vexing questions: What is it that makes us feel differently about these activities? Mere unfamiliarity? Moral condemnation? Relative utility? Or something else altogether? Moreover, who exactly is the “we” forming these judgments?

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June 23, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Saturday, June 18, 2022

How Introverted Law Students Can Thrive: Become Tax Lawyers|Tax Professors (And Deans)

John Lande (Missouri), Introversion, the Legal Profession, and Dispute Resolution:

Quiet Introverted LawyerThis article analyzes introversion and discusses the implications of the large proportion of people who are introverted, including many lawyers and other dispute resolution professionals. It relies on two analytical books, Quiet: The Power of Introverts in a World That Can't Stop Talking by Susan Cain and The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy by Brooklyn Law Professor Heidi K. Brown. It also uses insights from two memoirs: Sorry I’m Late, I Didn’t Want to Come: One Introvert's Year of Saying Yes by Jessica Pan, and Playing with Myself by Randy Rainbow.

There is no agreement about the definition of introversion, but it is a very real phenomenon, even though there isn’t a consistent definition and people may experience and manifest it differently. Introverted people often struggle because of what Susan Cain calls the “extrovert ideal,” which dominates much of Western society. In this context, introversion is viewed as a “second-class personality trait, somewhere between a disappointment and a pathology.” Based on her review of psychological research, she says that introverts can consciously organize their lives to operate at “optimal levels of arousal.”

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June 18, 2022 in Legal Ed Scholarship, Legal Education, Tax | Permalink

Friday, June 17, 2022

Litigation Bias

Adam Eckart (Suffolk), Litigation Bias, 101 Or. L. Rev. __ (2022):

Oregon Law ReviewThere is pervasive litigation bias in law schools. Despite significant interest in transactional law fields among law students, law schools disproportionately teach to the student interested in litigation: litigation-based legal writing assignments outnumber transactional-based ones 19 to 1; litigation-based clinics outnumber transactional ones 9 to 1; and doctrinal classes focus primarily on appellate court cases, often failing to entertain substantive discussion on the creation or content of the documents that led to the dispute. As a result, law school graduates are 44% less prepared for transactional careers than litigation careers.

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June 17, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink