Legal Academics

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Unequal Profession

Author : Meera E Deo
Publisher : Stanford University Press
ISBN 13 : 1503607852
Total Pages : 287 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Unequal Profession by : Meera E Deo

Download or read book Unequal Profession written by Meera E Deo and published by Stanford University Press. This book was released on 2019-02-05 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the experiences of women of color law school faculty and the effect of race and gender on legal education. This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes several mechanisms to increase diversity within legal academia and to improve the experience of all faculty members. Praise for Unequal Profession “Fascinating, shocking, and infuriating, Meera Deo’s careful qualitative research exposes the institutional practices and cultural norms that maintain a separate and unequal race-gender order even within the privileged ranks of tenure-track law professors. With riveting quotes from faculty across a range of institutional and social positions, Unequal Profession powerfully reminds us that we must do better. I saw my own career in this book—and you might, too.” —Angela P. Harris, University of California, Davis “A powerful account of inequality in legal academia. Quantitative data and compelling narratives bring to life the challenges and roadblocks in gaining not just entry and tenure but also respect for the voices of minority women within the academy. There are no easy remedies, but reading this book is a good place to start for lawyers and law professors to understand what minority women face and which practices can increase the odds of success.” —Bryant G. Garth, University of California, Irvine “Unequal Profession should be mandatory reading for everyone in legal academia . . . . By providing concrete evidence of systemic discrimination, Meera Deo illuminates a long-standing problem needing to be remedied.” —Sarah Deer, University of Kansas

Legal Academics

Author : Fiona Cownie
Publisher : Hart Publishing
ISBN 13 : 1841130613
Total Pages : 241 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Legal Academics by : Fiona Cownie

Download or read book Legal Academics written by Fiona Cownie and published by Hart Publishing. This book was released on 2004 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the culture of legal academia, the professional identities of law teachers and the issues facing the discipline of law.

Public Legal Education

Author : Richard Grimes
Publisher : Routledge
ISBN 13 : 1000387062
Total Pages : 196 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Public Legal Education by : Richard Grimes

Download or read book Public Legal Education written by Richard Grimes and published by Routledge. This book was released on 2021-05-11 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the case for a more legally literate society and then addresses why and how a law school might contribute to achieving that. Moreover examining what public legal education (PLE) is and the forms it can take, the book looks specifically at the ways in which a law school can get involved, including whether that is as part of an academic, credit-bearing, course or as extra-curricular activity. Divided into five main chapters, the book first examines the nature of PLE and why its provision is so central to the functioning of modern society. Models of PLE are then set out ranging from face-to-face tuition to the use of hard-copy material, including the growing importance of e-based technology. One model of PLE that has proven to be very attractive to law schools – Street Law – is described and analysed in detail. The book then turns to look at the considerations for a law school wishing to incorporate PLE into its offerings be that as part of the formal curriculum or not. The subject of evaluation is then raised – how might we find out if what we do by way of PLE is effective and how it might be improved upon? The final chapter reaches conclusions, some penned by the book’s author and others drawn from key figures in the PLE movement. This book provides a thorough examination of PLE in a law school context and contains a set of templates that can be implemented and/or adapted for use as the situation and jurisdiction dictate. An accessible and compelling read, this book will be of interest to law students, legal academics, practising lawyers, community activists and all those interested in PLE.

Failing Law Schools

Author : Brian Z. Tamanaha
Publisher : University of Chicago Press
ISBN 13 : 0226923622
Total Pages : 253 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis Failing Law Schools by : Brian Z. Tamanaha

Download or read book Failing Law Schools written by Brian Z. Tamanaha and published by University of Chicago Press. This book was released on 2012-06-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law

Thinking About Clinical Legal Education

Author : Omar Madhloom
Publisher : Routledge
ISBN 13 : 1000452972
Total Pages : 225 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Thinking About Clinical Legal Education by : Omar Madhloom

Download or read book Thinking About Clinical Legal Education written by Omar Madhloom and published by Routledge. This book was released on 2021-11-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thinking About Clinical Legal Education provides a range of philosophical and theoretical frameworks that can serve to enrich the teaching and practice of Clinical Legal Education (CLE). CLE has become an increasingly common feature of the curriculum in law schools across the globe. However, there has been relatively little attention paid to the theoretical and philosophical dimensions of this approach. This edited collection seeks to address this gap by bringing together contributions from the clinical community, to analyse their CLE practice using the framework of a clearly articulated philosophical or theoretical approach. Contributions include insights from a range of jurisdictions including: Brazil, Canada, Croatia, Ethiopia, Israel, Spain, UK and the US. This book will be of interest to CLE academics and clinic supervisors, practitioners, and students.

Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2

Author : Karin van Marle
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4./5 ( download)

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Book Synopsis Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2 by : Karin van Marle

Download or read book Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2 written by Karin van Marle and published by Pretoria University Law Press. This book was released on 2006-01-01 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2 Edited by Karin van Marle 2006 ISSN: 1992-5174 Pages:30 Print version: Available Electronic version: Free PDF available About PULP FICTIONS - A space for dialogue: Central to the becoming of a society in the context of posts (postapartheid, postcolonial, postmodern) and in the context of trans-formations of the political, legal, socio-economic and cultural is the creation of a vibrant and active public sphere. Of particular concern is an insistence on democracy and transparency radically different from strategic and instrumental conceptions – a space for dialogue and dissent, an opportunity for crea-tivity, experimentation and re-imaginings. About the publication In the second edition of PULP FICTIONS we continue the search for a vibrant and active public sphere through debate. As in the first edition, the dialogue is one between two academics from the faculty of law and, as in the first edition, different conceptions of law, politics and the role of the academic are teased out. The context of the debate in this edition is a series of research meetings of the Department of Legal History, Comparative Law and Jurisprudence at the UP Law Faculty. Over a course of a few of these meetings different perspectives on law, politics and the limits/ potential of the law were voiced by different colleagues.Tshepo Madlingozi presented in one of the meetings his views on the role of legal academics in progressive politics. In this contribution, which appears here, he urges all of us to move ‘beyond the ivory tower’, get out of our ‘air conditioned offices’ and embrace participatory action research. Madlingozi defines the latter as field research where the researcher interacts and participates with communities and engages in research that is ‘unashamedly’ political. Anton Kok in response takes what he calls a ‘pragmatic instrumentalist’ view in contrast to Madlingozi’s more ‘ambitious critique’. Focusing more on law’s potential he highlights the areas where law could contribute to transformation. Both colleagues are not afraid to put their personal political/ideological views on the table. In this way they contribute to the vision of creating a space for dialogue, dissent, creativity and re-imaginings. About the authors: Mr Tshepo Madlingozi works at the Department of Legal History, Comparitive Law and Jurisprudence, Faculty of Law, University of Pretoria. His article: Legal academics and progressive politics in South Africa: Moving beyond the ivory tower. Mr Anton Kok is a Senior Lecturer at the Department of Legal History, Comparitive Law and Jurisprudence, Faculty of Law, University of Pretoria. His article: Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - A reply to Tshepo Madlingozi About the editor: Karin van Marle is a Professor at the Department of Legal History, Comparitive Law and Jurisprudence, at the Faculty of Law, University of Pretoria.

The Mind and Method of the Legal Academic

Author : J. M. Smits
Publisher : Edward Elgar Publishing
ISBN 13 : 0857936557
Total Pages : 193 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Mind and Method of the Legal Academic by : J. M. Smits

Download or read book The Mind and Method of the Legal Academic written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.

Good Work If You Can Get It

Author : Jason Brennan
Publisher : JHU Press
ISBN 13 : 142143797X
Total Pages : 188 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Good Work If You Can Get It by : Jason Brennan

Download or read book Good Work If You Can Get It written by Jason Brennan and published by JHU Press. This book was released on 2020-05-05 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it really take to get a job in academia? Do you want to go to graduate school? Then you're in good company: nearly 80,000 students will begin pursuing a PhD this year alone. But while almost all new PhD students say they want to work in academia, most are destined for something else. The hard truth is that half will quit or fail to get their degree, and most graduates will never find a full-time academic job. In Good Work If You Can Get It, Jason Brennan combines personal experience with the latest higher education research to help you understand what graduate school and the academy are really like. This candid, pull-no-punches book answers questions big and small, including • Should I go to graduate school—and what will I do once I get there? • How much does a PhD cost—and should I pay for one? • What does it take to succeed in graduate school? • What kinds of jobs are there after grad school—and who gets them? • What happens to the people who never get full-time professorships? • What does it take to be productive, to publish continually at a high level? • What does it take to teach many classes at once? • How does "publish or perish" work? • How much do professors get paid? • What do search committees look for, and what turns them off? • How do I know which journals and book publishers matter? • How do I balance work and life? This realistic, data-driven look at university teaching and research will help make your graduate and postgraduate experience a success. Good Work If You Can Get It is the guidebook that anyone considering graduate school, already in grad school, starting as a new professor, or advising graduate students needs. Read it, and you will come away ready to hit the ground running.

The Law School - Global Issues, Local Questions

Author : Fiona Cownie
Publisher : Routledge
ISBN 13 : 0429796064
Total Pages : 414 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The Law School - Global Issues, Local Questions by : Fiona Cownie

Download or read book The Law School - Global Issues, Local Questions written by Fiona Cownie and published by Routledge. This book was released on 2019-01-04 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this international collection of essays on legal education addresses the following issues: The Law School and the University. Research into legal education has often been regarded as a marginal activity as compared with research into substantive areas of law. However, recent years have seen a growing interest in discussions about the purpose of the university law school and the ways in which law is taught within it. Are we educating professional lawyers or legal scholars? What do we really mean when we say we want to offer ‘a liberal education in the law’? What effect are the current changes in higher education funding and policy having on law schools and what takes place within them? The international group of scholars who have contributed to this collection come from very different jurisdictions, but they have written about topics which, while they have local resonances, are of concern globally. Global Issues, Local Questions addresses matters which concern all law teachers, whatever their field of substantive legal expertise.

Schools for Misrule

Author : Walter Olson
Publisher : ReadHowYouWant.com
ISBN 13 : 1459612728
Total Pages : 438 pages
Book Rating : 4.4/5 (596 download)

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Book Synopsis Schools for Misrule by : Walter Olson

Download or read book Schools for Misrule written by Walter Olson and published by ReadHowYouWant.com. This book was released on 2011-03 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Barack Obama (Harvard and Chicago) to Bill and Hillary Clinton (Yale), many of our current national leaders emerged from the rarefied air of the nation's top law schools. The ideas taught there in one generation often shape national policy in the next.The trouble is, Walter Olson reveals in Schools for Misrule, our elite law schools keep churning out ideas that are catastrophically bad for America. From class action lawsuits that promote the right to sue anyone over anything, to court orders mandating the mass release of prison inmates; from the movement for slavery reparations, to court takeovers of school funding-all of these appalling ideas were hatched in legal academia. And the worst is yet to come. A fast-rising movement in law schools demands that sovereignty over U.S. legal disputes be handed over to international law and transnational courts.It is not by coincidence, Olson argues, that these bad ideas all tend to confer more power on the law schools' own graduates. In the overlawyered society that results, they are the ones who become the real rulers.

The Law of Higher Education

Author : William A. Kaplin
Publisher : John Wiley & Sons
ISBN 13 : 1118046595
Total Pages : 749 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis The Law of Higher Education by : William A. Kaplin

Download or read book The Law of Higher Education written by William A. Kaplin and published by John Wiley & Sons. This book was released on 2011-03-08 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the fourth edition of The Law of Higher Education—the indispensable guide to law that bears on the provision of higher education—this Student Edition provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles. This important reference is organized into five main parts Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example: The evolution and reach of higher education law The governance of higher education Legal planning and dispute resolution The interrelationships between law and policy The college and its employees Faculty employment and tenure Academic freedom Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students Student misconduct Freedom of speech, hate speech Student rights, responsibilities, and activities fees Athletics and Title IX Copyright

Law School 2.0

Author : David I. C. Thomson
Publisher : LexisNexis/Matthew Bender
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law School 2.0 by : David I. C. Thomson

Download or read book Law School 2.0 written by David I. C. Thomson and published by LexisNexis/Matthew Bender. This book was released on 2009 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal education is at a crossroads. As a media-saturated generation of students enters law school, they find themselves thrust into a fairly backward mode of instruction, much of which is over 100 years old. Over those years, legal education has resisted many credible reports recommending change, most recently those from the Carnegie Foundation for the Advancement of Teaching and from the Clinical Legal Education Association. Meanwhile, the cost of legal education continues to skyrocket, with many law students graduating with crushing debt they have difficulty paying back. All of these factors are likely to reach a crescendo in the next few years, setting the stage for a perfect storm out of which can come significant change. But legal education has successfully resisted systemic change for many years. Given that dubious track record, the only way significant change can reasonably be predicted is if something is different this time. Fortunately, there is something different this time: the ubiquity of technology. Since the MacCrate report in 1992, the internet has achieved massive growth, and a generation of students has grown up with sophisticated and pervasive use of technology in nearly every facet of their lives. This book describes how the perfect storm of generational change and the rising cost and criticisms of legal education, combined with extraordinary technological developments, will change the face of legal education as we know it today. Its scope extends from generational changes in our students, to pedagogical shifts inside and outside of the classroom, to hybrid textbooks, all the way to methods of active, interactive, and hypertextual learning. And it describes how this shift can--and will--better prepare law students for the practice of tomorrow.

Legal Education in the Global Context

Author : Christopher Gane
Publisher : Taylor & Francis
ISBN 13 : 1134804741
Total Pages : 342 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Legal Education in the Global Context by : Christopher Gane

Download or read book Legal Education in the Global Context written by Christopher Gane and published by Taylor & Francis. This book was released on 2017-05-15 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.

Conversations, Choices and Chances

Author : Anthony Bradney
Publisher : Hart Publishing
ISBN 13 : 1841132489
Total Pages : 221 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Conversations, Choices and Chances by : Anthony Bradney

Download or read book Conversations, Choices and Chances written by Anthony Bradney and published by Hart Publishing. This book was released on 2003-04-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most academics in university law schools would claim to offer a liberal education. Few have thought very much about what a liberal education in law means. Basing itself on a detailed examination of the theory of liberal education,this book looks at what the liberal university law school should be doing in terms of its teaching, research and administration.

Becoming a Law Professor

Author : Brannon P. Denning
Publisher :
ISBN 13 : 9781604429947
Total Pages : 0 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Becoming a Law Professor by : Brannon P. Denning

Download or read book Becoming a Law Professor written by Brannon P. Denning and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a soup-to-nuts guide, taking aspiring legal academics from their first aspirations on a step-by-step journey through the practicalities of the Association of American Law School's hiring conference, on-campus interviews, and preparing for the first semester of teaching.

Educating Lawyers

Author : William M. Sullivan
Publisher : John Wiley & Sons
ISBN 13 : 078798261X
Total Pages : 245 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis Educating Lawyers by : William M. Sullivan

Download or read book Educating Lawyers written by William M. Sullivan and published by John Wiley & Sons. This book was released on 2007-03-09 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Challenge of Educating Lawyers "This volume, under the presidency of Lee Shulman, is intended primarily to foster appreciation for what legal education does at its best. We want to encourage more informed scholarship and imaginative dialogue about teaching and learning for the law at all organizational levels: in individual law schools, in the academic associations, in the profession itself. We also believe our findings will be of interest within the academy beyond the professional schools, as well as among that public concerned with higher education and the promotion of professional excellence." --From the Introduction "Educating Lawyers is no doubt the best work on the analysis and reform of legal education that I have ever read. There is a call for deep changes in the way law is taught, and I believe that it will be a landmark in the history of legal education." --Bryant G. Garth, dean and professor of law, Southwestern Law School and former director of the American Bar Foundation "Educating Lawyers succeeds admirably in describing the educational programs at virtually every American law school. The call for the integration of the three apprenticeships seems to me exactly what is needed to make legal education more 'professional,' to prepare law students better for the practice of law, and to address societal expectations of lawyers." --Stephen Wizner, dean of faculty, William O. Douglas Clinical Professor of Law, Yale Law School

Divergent Paths

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674915615
Total Pages : 432 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Divergent Paths by : Richard A. Posner

Download or read book Divergent Paths written by Richard A. Posner and published by Harvard University Press. This book was released on 2016-01-04 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or at least narrow it. The shortcomings of academic legal analysis are real, but they cannot disguise the fact that the modern judiciary has several serious deficiencies that academic research and teaching could help to solve or alleviate. In U.S. federal courts, which is the focus of Posner’s analysis of the judicial path, judges confront ever more difficult cases, many involving complex and arcane scientific and technological distinctions, yet continue to be wedded to legal traditions sometimes centuries old. Posner asks how legal education can be made less theory-driven and more compatible with the present and future demands of judging and lawyering. Law schools, he points out, have great potential to promote much-needed improvements in the judiciary, but doing so will require significant changes in curriculum, hiring policy, and methods of educating future judges. If law schools start to focus more on practical problems facing the American legal system rather than on debating its theoretical failures, the gulf separating the academy and the judiciary will narrow.