scholarly journals Will Legal Education Change Post-2020?

2021 ◽  
pp. 1059
Author(s):  
Heather Gerken

The famed book review issue of the Michigan Law Review feels like a reminder of better days. As this issue goes to print, a shocking 554,103 people have died of COVID-19 in the United States alone, the country seems to have begun a long-overdue national reckoning on race, climate change and economic inequality continue to ravage the country, and our Capitol was stormed by insurrectionists with the encouragement of the president of the United States. In the usual year, a scholar would happily pick up this volume and delight in its contents. This year, one marvels at the scholars who managed to finish their reviews on time. The editors have asked me to reflect on how 2020, particularly the pandemic, will change legal education. Like most institutions, law schools have undergone a stress test over the past year. During the early days of the pandemic, every school put a centuries-old teaching tradition online, often within the space of a single week. Most thought that the pace of change would slow down in April. It didn’t. For months, COVID generated crisis after crisis. Schools had to deal with budgetary shortfalls, a stock market crash, job losses, postponements of the bar exam, the loss of virtually all of their international students, and the terrible hardships that COVID caused for students, staff, and faculty. To top it all off, any school that—like Yale—brought its students back in the fall for in-person learning had to invent new forms of teaching for the classroom and an entirely new set of communal rules for campus interactions. Even though the pandemic has not yet lifted, one can already make out the ways in which law schools’ adaptations to the pandemic will eventually be structured into legal education’s gene sequence.

Author(s):  
David FAVRE

The focus of this article is to track the progress that has been made on behalf of<br />animals within the legal institutions of the United States. While there is an obvious focus on<br />the adoption of new laws, there are many steps or changes that are necessary within broader<br />legal intuitions if substantial progress is to be made in the changing and enforcing of the<br />laws. For example, at the same time that legislatures must be convinced of the need for<br />change, so must the judges believe in the new laws, otherwise enforcement of the law will be<br />not forthcoming.<br />Besides the court and the legislature, legal institutions include law schools, legal publications,<br />and the various associations of lawyers and law professors. What is the visibility and<br />credibility of animal issues within these institutions? Without progress within all aspects of<br />the legal community, success on behalf of animals is not possible. We in the United States<br />have made progress, particularly in the past ten years, but we have much yet that needs to be<br />done. By charting the progress and lack of progress in the United States, the readers in<br />Brazil and other countries will have some landmarks by which to judge the progress of the<br />issue of animal rights/welfare within their own country.


Author(s):  
Michael Lobban

This article looks at the different approaches which have been taken in the study of legal history in England and America by both historians in law and history faculties. The pioneer English legal historian was F.W. Maitland, who felt that the skills of the lawyer were needed to understand the legal materials which were the source of much medieval social and economic history. Maitland, who had no wish to use history to explain current doctrine, inspired a generation of medieval historians to look at legal questions. The study of legal history in English law schools was in turn revolutionized by S. F. C Milsom, who felt that the key to legal history was not to apply the skills of the present lawyer to the law of the past, but to attempt to get into the minds of previous generations of lawyers. Following Milson, doctrinal legal history flourished in England. In the United States, a different tradition dominated law schools. Here, the pioneer was J. Willard Hurst, who turned attention away from narrow doctrinal history, to a broader contextual study of law, looking at the operation of law in society. The article discusses the kind of historiography which developed in America after Hurst, before turning to what discuss what role doctrinal legal history can continue to play, both to inform historical and legal debates.


2003 ◽  
Vol 21 (3) ◽  
pp. 621-622 ◽  
Author(s):  
Bruce Kercher

Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.


2004 ◽  
Vol 22 (2) ◽  
pp. 277-337 ◽  
Author(s):  
Bruce A. Kimball

Christopher Columbus Langdell (1826–1906) is arguably the most influential figure in the history of legal education in the United States, having shaped the modern law school by introducing a number of significant reforms during his tenure as dean of Harvard Law School (HLS) from 1870 to 1895. Langdell's innovations—including the admission requirement of a bachelor's degree, the graded and sequential curriculum, the hurdle of annual examinations for continuation and graduation, the independent career track for professional faculty, the transformation of the professional library from a textbook repository into a scholarly resource, and the inductive pedagogy of teaching from cases—became the characteristics gradually adopted by university law schools after 1890 and, eventually, schools of other professions. Langdell thus transformed legal education from an undemanding, gentlemanly acculturation into an academic meritocracy.


2009 ◽  
Vol 10 (6-7) ◽  
pp. 1127-1148 ◽  
Author(s):  
Luigi Russi ◽  
Federico Longobardi

From the perspective of a non-American jurist, student-edited law reviews seem to be one of the most distinctive features of the United States legal education system. The development of law reviews in the United States has been particularly sustained in more recent years, with a literal proliferation of law (schools and law) reviews, both of general focus and subject-specific. With student-edited law journals making up the largest share of the legal periodical “market,” publication in highly ranked student-edited law reviews has come to acquire great significance also in relation to the law faculty selection and tenure-granting mechanism.


2004 ◽  
Vol 5 (3) ◽  
pp. 335-338 ◽  
Author(s):  
Larry Bakken

During the past decade many American law schools have identified and responded to the opportunity and necessity of training law students and lawyers for the challenges created by globalization. Opportunities are certainly available to schools with strong business, international trade and human rights programs. Opportunities are, however, also available to schools with interests and strengths in the newer disciplines such as conflict resolution, intellectual property and environment protection. Law schools which have ventured into global oriented training have recognized that the market is not simply a one-way-street for domestic students but also includes training of foreign law students and lawyers. Private foundations in the United States and abroad, foreign governments and our national government have helped finance foreign lawyer visits and training events throughout America. When international lawyers visit the United States, domestic law schools are involved as hosts, training sites, and sources of professional expertise. There has also been a simultaneous movement of domestic lawyers and law students through foreign law school programs and other study abroad opportunities. When all these international experiences are taken together one realizes the need for law schools to become more involved in the development and implementation of training and development of globally oriented legal education.


2014 ◽  
Vol 1 ◽  
pp. 7 ◽  
Author(s):  
Neil Gold

Jerome Frank may have suggested the term Clinical Legal Education (CLE) first when he asked “Why Not a Clinical Lawyer School?”2; but, it was not until the New York City based Council on Legal Education for Professional Responsibility (CLEPR), funded by the Ford Foundation, took the pre-eminently active role in promoting and supporting law school-based experimentation in the 1970s and 1980s that CLE truly had an opportunity to develop. Over the past thirty plus years CLE has become more and more central to legal education, especially in the United States; innovations elsewhere have been fewer, more modest, and slower to develop, but of significance to the shifting culture of law learning, wherever they have taken place. The inception of the Journal3 marks an important milestone in the continuing development of CLE; for with this volume, we formally recognise that CLE is a vitally important and diverse phenomenon with a global reach.


2021 ◽  
pp. 987
Author(s):  
Loren Lee

Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack of progress toward critical mass since Grutter and reveals the continued need for affirmative action in law school admissions.


2014 ◽  
Vol 21 (2) ◽  
pp. 106 ◽  
Author(s):  
Judith McNamara ◽  
Catherine Campbell ◽  
Evan Hamman

Law schools in Australia and the United Kingdom are increasingly adopting clinical legal education (CLE) as an important part of their curriculum.  Models of CLE are emerging in those jurisdictions which draw on local experience and the strong tradition of CLE and community lawyering in the United States. The purpose of this article is to examine the pedagogy that underlies CLE and to consider how it can be applied to newly emerging models of CLE.


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