This paper investigates the issue of the adequate training for lawyers in a globalized world, hit by the current economic crisis. After an introduction (Section I), Section II defines globalization and puts our definition into the specific perspective of the current economic crisis. Our assumption is that if the current crisis is altering some of the globalization components, this process will continue. This leads to our vision of the globalized lawyer (section III). This vision will very much relate to the issue of personal identity and legal certainty in a multijuralist world. We will then very much reckon on the concept of “jurisdiversity”. Hence the characteristics of legal education will derive from this context (section IV). Section V will then present the different innovations in legal education that have been devised and implemented at Paris West University at Nanterre since the 1980s and which spread all over French Law Schools.
{"title":"Training Lawyers for a Globalized World in Economic Crisis","authors":"Bertrand du Marais","doi":"10.2139/SSRN.1744019","DOIUrl":"https://doi.org/10.2139/SSRN.1744019","url":null,"abstract":"This paper investigates the issue of the adequate training for lawyers in a globalized world, hit by the current economic crisis. After an introduction (Section I), Section II defines globalization and puts our definition into the specific perspective of the current economic crisis. Our assumption is that if the current crisis is altering some of the globalization components, this process will continue. This leads to our vision of the globalized lawyer (section III). This vision will very much relate to the issue of personal identity and legal certainty in a multijuralist world. We will then very much reckon on the concept of “jurisdiversity”. Hence the characteristics of legal education will derive from this context (section IV). Section V will then present the different innovations in legal education that have been devised and implemented at Paris West University at Nanterre since the 1980s and which spread all over French Law Schools.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"61 1","pages":"455"},"PeriodicalIF":0.2,"publicationDate":"2010-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67731806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2010-01-01DOI: 10.1038/scientificamerican0808-38
D. Floyd
{"title":"We Can Do More","authors":"D. Floyd","doi":"10.1038/scientificamerican0808-38","DOIUrl":"https://doi.org/10.1038/scientificamerican0808-38","url":null,"abstract":"","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"60 1","pages":"129"},"PeriodicalIF":0.2,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1038/scientificamerican0808-38","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57561444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A "story model of counseling" can increase both empathy and effectiveness for professors counseling students about curriculum or career.
“故事辅导模式”可以提高教授对学生的课程或职业咨询的同理心和有效性。
{"title":"Stories and Students: Mentoring Professional Development","authors":"Harriet N. Katz","doi":"10.2139/SSRN.1496413","DOIUrl":"https://doi.org/10.2139/SSRN.1496413","url":null,"abstract":"A \"story model of counseling\" can increase both empathy and effectiveness for professors counseling students about curriculum or career.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"60 1","pages":"675"},"PeriodicalIF":0.2,"publicationDate":"2009-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68187613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article suggests that law schools need to play a leading role in the national and global effort to achieve sustainability, including the effort to address climate change. The article first describes the various drivers for sustainability in law schools. Clients are increasingly demanding that their lawyers 'walk the talk,' as many businesses and corporations already are. The universities that provide an institutional home for most law schools are also adopting sustainability policies and practices that influence their law schools. Within the legal profession, the American Bar Association, as well as many state and local bar associations, have adopted a number of sustainability policies and practices, and a growing number of law firms and other law organizations are doing the same. The article then describes a broad and growing range of sustainability activities - especially in curriculum and scholarship, but also in buildings and operations; outreach and service; student life; institutional mission, policy, and planning; and external stakeholders.The article also raises - and tentatively suggests some partial answers to answers to - a set of normative questions about precisely what law schools should be doing.
{"title":"The Essential and Growing Role of Legal Education in Achieving Sustainability","authors":"J. Dernbach","doi":"10.2139/SSRN.1471344","DOIUrl":"https://doi.org/10.2139/SSRN.1471344","url":null,"abstract":"This article suggests that law schools need to play a leading role in the national and global effort to achieve sustainability, including the effort to address climate change. The article first describes the various drivers for sustainability in law schools. Clients are increasingly demanding that their lawyers 'walk the talk,' as many businesses and corporations already are. The universities that provide an institutional home for most law schools are also adopting sustainability policies and practices that influence their law schools. Within the legal profession, the American Bar Association, as well as many state and local bar associations, have adopted a number of sustainability policies and practices, and a growing number of law firms and other law organizations are doing the same. The article then describes a broad and growing range of sustainability activities - especially in curriculum and scholarship, but also in buildings and operations; outreach and service; student life; institutional mission, policy, and planning; and external stakeholders.The article also raises - and tentatively suggests some partial answers to answers to - a set of normative questions about precisely what law schools should be doing.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"60 1","pages":"489"},"PeriodicalIF":0.2,"publicationDate":"2009-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68184881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law students spend hundreds of thousands of dollars each year on statute books or statutory supplements for their courses. These statutory supplements, notorious for their weight and bulkiness, are compilations of subject-specific statutes and regulations, most of which are publicly available at no charge. This article discusses the advantages of digital statute books, details how the authors created a digital statute book that was used in two securities regulation courses, and evaluates the result of that experiment.
{"title":"Digital Statutory Supplements for Legal Education: A Cheaper, Better Way","authors":"C. S. Bradford, M. Hautzinger","doi":"10.2139/SSRN.1410145","DOIUrl":"https://doi.org/10.2139/SSRN.1410145","url":null,"abstract":"Law students spend hundreds of thousands of dollars each year on statute books or statutory supplements for their courses. These statutory supplements, notorious for their weight and bulkiness, are compilations of subject-specific statutes and regulations, most of which are publicly available at no charge. This article discusses the advantages of digital statute books, details how the authors created a digital statute book that was used in two securities regulation courses, and evaluates the result of that experiment.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"59 1","pages":"515"},"PeriodicalIF":0.2,"publicationDate":"2009-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68176522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Transnational law remains in fashion among those who revise the curricula of U.S. law schools. Supplementing traditional domestic materials with studies of international, transnational, and comparative law is indeed a solution. But what is the problem? Pedagogical reform is an experiment, and no experiment can succeed without a plan followed by observation. Much of what passes for transnational legal education (especially in brochures and on websites) lacks seriousness. It is what denizens of New Orleans call a "lagniappe" - that is, a lightweight frill, devoid of intentionality and perceived consequences. The article acknowledges the appeal of a lagniappe, and also offers suggestions for curricular planners who seek to give their students heartier transnational fare.
{"title":"On Nourishing the Curriculum with a Transnational-Law Lagniappe (from the Association of American Law Schools' Workshop on Integrating Transnational Legal Perspectives into the First-Year Curriculum, Annual Meeting, Torts Panel, January 2006)","authors":"Anita Bernstein","doi":"10.2139/SSRN.990364","DOIUrl":"https://doi.org/10.2139/SSRN.990364","url":null,"abstract":"Transnational law remains in fashion among those who revise the curricula of U.S. law schools. Supplementing traditional domestic materials with studies of international, transnational, and comparative law is indeed a solution. But what is the problem? Pedagogical reform is an experiment, and no experiment can succeed without a plan followed by observation. Much of what passes for transnational legal education (especially in brochures and on websites) lacks seriousness. It is what denizens of New Orleans call a \"lagniappe\" - that is, a lightweight frill, devoid of intentionality and perceived consequences. The article acknowledges the appeal of a lagniappe, and also offers suggestions for curricular planners who seek to give their students heartier transnational fare.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"56 1","pages":"578"},"PeriodicalIF":0.2,"publicationDate":"2007-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.990364","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67930259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
If a tortious act (e.g., negligently firing a rifle) occurs in state X and the harm (e.g., killing a bystander) occurs in state Y, which state's law should apply? This is a simple example of the "choice of law" problem in torts. The problem arises between states or provinces with different laws within one nation and between different nations. In this comment, prepared for the 2006 American Association of Law Schools Annual Meeting, I examine this problem largely in terms of incentive effects, and briefly consider how the analysis could be incorporated into the standard introductory course on tort law. I conclude that a zone of foreseeable impact rule provides the best underlying principle in conflict of law situations. This rule supports the traditional legal approach (lex loci) to conflicts of laws and helps to explain modern approaches as well.
{"title":"Torts and Choice of Law: Searching for Principles","authors":"Keith N. Hylton","doi":"10.2139/SSRN.941671","DOIUrl":"https://doi.org/10.2139/SSRN.941671","url":null,"abstract":"If a tortious act (e.g., negligently firing a rifle) occurs in state X and the harm (e.g., killing a bystander) occurs in state Y, which state's law should apply? This is a simple example of the \"choice of law\" problem in torts. The problem arises between states or provinces with different laws within one nation and between different nations. In this comment, prepared for the 2006 American Association of Law Schools Annual Meeting, I examine this problem largely in terms of incentive effects, and briefly consider how the analysis could be incorporated into the standard introductory course on tort law. I conclude that a zone of foreseeable impact rule provides the best underlying principle in conflict of law situations. This rule supports the traditional legal approach (lex loci) to conflicts of laws and helps to explain modern approaches as well.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"41 1","pages":"551"},"PeriodicalIF":0.2,"publicationDate":"2006-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67900816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law school faculty personnel decisions are often controversial. Debates may be heated, votes may be close, and ill will may be incurred. One way to avoid this enmity and to promote or maintain a collegial atmosphere is to use secret ballots for votes on hiring, retention, promotion, and tenure. The use of secret ballots, however, allows for the possibility of voting for the wrong reasons (e.g., bias, discrimination). But open voting carries the same possibility (e.g., political correctness, fear of reprisals). This Article discusses the evolution and significance of the secret ballot and considers the arguments for and against its use on law school faculties. It also presents the results of an original survey (with a 97% response rate) on the use of secret ballots in faculty personnel decisions at all law schools in the United States. Comments from the survey and conversations and email exchanges between the author and faculty and administrators across the country reveal a subtext that involves, among other things, the need for candor, openness, fairness, and sensitivity, on the one hand, as well as concerns about politics, frustration, anger, power, dominance, and control, on the other hand. The Article concludes that, with secret ballots - at the very least, with an open and honest debate about whether to conduct secret ballots - may come not only candor, but also greater harmony and collegiality.
{"title":"The Importance of the Secret Ballot in Law Faculty Personnel Decisions: Promoting Candor and Collegiality in the Academy","authors":"Ira P. Robbins","doi":"10.2139/SSRN.909253","DOIUrl":"https://doi.org/10.2139/SSRN.909253","url":null,"abstract":"Law school faculty personnel decisions are often controversial. Debates may be heated, votes may be close, and ill will may be incurred. One way to avoid this enmity and to promote or maintain a collegial atmosphere is to use secret ballots for votes on hiring, retention, promotion, and tenure. The use of secret ballots, however, allows for the possibility of voting for the wrong reasons (e.g., bias, discrimination). But open voting carries the same possibility (e.g., political correctness, fear of reprisals). This Article discusses the evolution and significance of the secret ballot and considers the arguments for and against its use on law school faculties. It also presents the results of an original survey (with a 97% response rate) on the use of secret ballots in faculty personnel decisions at all law schools in the United States. Comments from the survey and conversations and email exchanges between the author and faculty and administrators across the country reveal a subtext that involves, among other things, the need for candor, openness, fairness, and sensitivity, on the one hand, as well as concerns about politics, frustration, anger, power, dominance, and control, on the other hand. The Article concludes that, with secret ballots - at the very least, with an open and honest debate about whether to conduct secret ballots - may come not only candor, but also greater harmony and collegiality.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"57 1","pages":"266-292"},"PeriodicalIF":0.2,"publicationDate":"2006-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67873061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper describes a joint teaching effort by two U.S. law school professors. One professor teaches constitutional law, and the other teaches property law, to the same set of first-year law students. For about two weeks during the semester, the professors blend their courses to teach, jointly, a subject that partakes of both constitutional law and property law - that subject being the requirement that government pay "just compensation" when it takes private property for public use. The paper discusses the rationale, the format, and the apparent benefits of their joint teaching efforts. The paper also offers advice to teachers who may wish to try something similar.
{"title":"Joint Teaching with a Colleague, for Just a Week or Two","authors":"R. Seamon, S. Spitz","doi":"10.2139/SSRN.327481","DOIUrl":"https://doi.org/10.2139/SSRN.327481","url":null,"abstract":"This paper describes a joint teaching effort by two U.S. law school professors. One professor teaches constitutional law, and the other teaches property law, to the same set of first-year law students. For about two weeks during the semester, the professors blend their courses to teach, jointly, a subject that partakes of both constitutional law and property law - that subject being the requirement that government pay \"just compensation\" when it takes private property for public use. The paper discusses the rationale, the format, and the apparent benefits of their joint teaching efforts. The paper also offers advice to teachers who may wish to try something similar.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"52 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2002-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68580562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Economic analysis demonstrates that, continuing from its intentionally racist beginnings in the 1920s, the American Bar Association's system for accrediting law schools excludes most African-Americans from the legal profession, while allowing whites to enter. The discriminatory impact of ABA accreditation takes two forms. First, the ABA accreditation standards inflict academic racism. The standards impose academic requirements that African-Americans tend to lack, eliminating most schools that would serve average African-Americans. For example, the ABA generally denies accreditation to any school for which the average LSAT score is below 143. The average LSAT score for African-Americans is 142, compared to 152 for whites. The ABA's requirements of high undergraduate grades and high bar-pass rates are similarly discriminatory. Second, ABA accreditation imposes financial racism. The accreditation requirements cause law schools' costs and tuition levels to more than double. Because African-Americans have far lower average incomes than whites, the requirements make law school affordable only for whites, not for most African-Americans. Affirmative action and the availability of student loans counteract only a small part of the accreditation system's discriminatory impacts. Elimination of both accreditation and the bar exam would integrate the profession and provide many other benefits, while producing few harms.
经济分析表明，从20世纪20年代开始，美国律师协会(American Bar Association)的法学院认证体系就开始有意地实行种族主义，它将大多数非洲裔美国人排除在法律职业之外，而允许白人进入。美国律师协会认证的歧视性影响有两种形式。首先，美国律师协会的认证标准造成了学术种族歧视。这些标准强加了非裔美国人往往缺乏的学术要求，导致大多数为普通非裔美国人服务的学校被淘汰。例如，美国律师协会通常拒绝认可任何LSAT平均分数低于143分的学校。非裔美国人的LSAT平均分是142分，而白人是152分。美国律师协会对本科高等级和高律师通过率的要求同样具有歧视性。第二，美国律师协会的认证强加了金融种族主义。认证要求导致法学院的成本和学费水平增加了一倍以上。由于非洲裔美国人的平均收入远低于白人，这些要求使得只有白人负担得起法学院，而不是大多数非洲裔美国人。平权行动和学生贷款的可用性只能抵消认证制度歧视影响的一小部分。取消资格认证和律师资格考试将整合这个行业，并带来许多其他好处，同时几乎不会造成伤害。
{"title":"No African-American Lawyers Allowed: The Inefficient Racism of the ABA's Accreditation of Law Schools.","authors":"G. Shepherd","doi":"10.2139/SSRN.263211","DOIUrl":"https://doi.org/10.2139/SSRN.263211","url":null,"abstract":"Economic analysis demonstrates that, continuing from its intentionally racist beginnings in the 1920s, the American Bar Association's system for accrediting law schools excludes most African-Americans from the legal profession, while allowing whites to enter. The discriminatory impact of ABA accreditation takes two forms. First, the ABA accreditation standards inflict academic racism. The standards impose academic requirements that African-Americans tend to lack, eliminating most schools that would serve average African-Americans. For example, the ABA generally denies accreditation to any school for which the average LSAT score is below 143. The average LSAT score for African-Americans is 142, compared to 152 for whites. The ABA's requirements of high undergraduate grades and high bar-pass rates are similarly discriminatory. Second, ABA accreditation imposes financial racism. The accreditation requirements cause law schools' costs and tuition levels to more than double. Because African-Americans have far lower average incomes than whites, the requirements make law school affordable only for whites, not for most African-Americans. Affirmative action and the availability of student loans counteract only a small part of the accreditation system's discriminatory impacts. Elimination of both accreditation and the bar exam would integrate the profession and provide many other benefits, while producing few harms.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"53 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2001-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68232275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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