Monday, July 4, 2016

New Phishing Scam Aimed at Lawyers

From the Disciplinary Board of the Supreme Court of Pennsylvania:

Lawyers in several states have received emails purporting to be from disciplinary authorities, advising lawyers that they are under disciplinary investigation and providing links or attachments for them to receive notice and respond to charges. It is suspected that lawyers who respond to such emails may be tricked into revealing personal and confidential information.

Such efforts are known as “phishing” scams. The emails are tailored to appear as though they are from the disciplinary counsel for the recipient’s state. The email instructs the lawyer to click on a link or attachment to view the complaint. Doing so opens a path into the recipient’s computer through which the scammers may extract information or plant malware. In some cases victim’s computers were locked up, and could only be unlocked upon payment of a “ransom.”

You can read more here.

Lawyers should realize that disciplinary boards are not going to contact them about serious matters via email.


July 4, 2016 | Permalink | Comments (0)

New organization formed to advocate for law students who are veterans

Appropriate to the July 4th holiday, this story from describes how a new organization representing a consortium of law student veteran groups was recently formed to advocate for and help these students find jobs as lawyers following graduation.  The group called The National Federation of Law Student Veterans came into being after a recent conference sponsored by the Georgetown University Law Center with the stated purpose of helping law student veterans leverage their military experience into legal careers. Here's an excerpt:

Law Schools' Veterans Groups Join Forces for Job Placement Push


As an Army engineer tasked with clearing bombs from key roads, Kevin Kirby oversaw 33 fellow service members and millions of dollars of equipment during his first 11-month deployment to Afghanistan in 2009.


It was a hefty responsibility for a 23-year-old just a few years out of the United Stated Military Academy, but one that helped Kirby develop leadership skills, calm under pressure and attention to detail—all qualities he hopes will help him land a job when he graduates from New York University School of Law in 2017.


“Typically, veterans have at least some leadership experience,” Kirby said. “You might not get that with someone who went to college and then straight on to law school.”


How best to leverage military experience into legal employment is a major focus of a new national consortium of law school veterans groups that launched last week during a conference at Georgetown University Law Center.


The National Federation of Law Student Veterans seeks to unite the dozens of student veteran groups cropping up on law campuses across the country in an effort to educate legal employers on the benefits of hiring veterans. The federation also aims to lobby law school administrators for scholarships, share ideas on veteran-centric programming and public service opportunities, and establish a national network of attorney veterans to offer support and employment connections.


The sustained conflict in Afghanistan and Iraq has produced one of the largest cohorts of veterans since World War II, more than 3.7 million since 9/11, and an increasing number of them are landing in law school—due in part to improved tuition benefits from the government, said Philip Lockwood, who graduated last month from Georgetown University Law Center.


Lockwood, a former member of the Canadian military who served as co-president of the Georgetown Military Law Society for two years, helped organize a two-day conference on June 24 and 25 that brought together 35 veterans from 10 top-ranked law schools to discuss issues ranging from how to advocate for veterans within law schools to how veterans should address their military backgrounds in job interviews.


The inaugural conference, which was limited to the top 14 law schools as ranked by U.S. News & World Report in order to make it manageable for organizers, gave way to the idea of a national organization. Plans call for an annual conference for all law school veteran groups going forward.


. . . .

Continue reading here.


July 4, 2016 | Permalink | Comments (0)

Sunday, July 3, 2016

Happy Fourth!

Happy Fourth!! Here’s John Philip Sousa’s Stars and Stripes Forever, performed by Andre Rieu and company. And here are Macy’s fireworks in NYC.


July 3, 2016 | Permalink | Comments (0)

Saturday, July 2, 2016

What Can Art Teach Law?

Can art impart insights that inform law—and impart them in telling ways? In a very creative article, On Portraying Human Dignity (here), Christopher McCrudden focuses on a painting that I have always found magnificent and haunting: Las Meninas by Velasquez .

Image result for las meninas


The author discuss the various individuals to explore differing ideas of what “dignity” means to each of them. What does his analysis have to do with law?

On this reading, what Las Meninas provides, ultimately, is an experience which encourages us to ‘share the ethical framework’ of other people, as Anil Gomes suggests great art may do. In doing so, it seems a near perfect medium for better understanding the current dilemmas and debates over dignity; for in experiencing the painting we are pointed to the importance of what

Murdoch called ‘unselfing’, ‘the capacity to go beyond the personal prejudices arising from

my own ego’. It inculcates a capacity for standing in another person’s shoes, a capacity that

is at the core of reflexivity, the ‘perception of other as individual’ It is not unique in doing

this, but it is nevertheless important, particularly when words that provide the language for

expressing that perception begin to lose their power to move us, as threatens to be the case

with ‘dignity’.

As our community begins a thoughtful discussion on the use of visuals in law, Las Meninas takes us to a new level.


July 2, 2016 in Current Affairs | Permalink | Comments (1)

Pace starts "food law" clinic

Pace University School of Law will launch this fall a new Food and Beverage Law Clinic giving participating students the opportunity to provide legal services to farmers, entrepreneurs and others involved in the sustainable food industry. A press release from Pace explains that the clinic has become a reality because of a generous grant from alumnus Rob Sands and Constellation Brands, where he is the CEO and President. The Clinic is part of a broader collaboration between Pace Law and the Natural Resources Defense Council (NRDC) to expand the capacity of the legal community to provide direct services to individuals and organizations seeking to build a more sustainable and healthy regional food system.

And as this article from the National Law Journal points out, while a couple of "food law" clinics already exist focusing on "big picture" policy issues, the Pace program is unique in that it will give students the opportunity to provide legal advice and transactional services to clients directly involved in the food production industry. 

Law Students Get a ‘Fresh’ Start at Pace Clinic This Fall


The farm-to-table movement is coming to law school.


Pace University Elisabeth Haub School of Law in the fall will launch a pilot Food and Beverage Law Clinic—a first-of-its-kind program where law students will help sustainable farmers, food entrepreneurs and nonprofit organizations dedicated to sustainability and ensuring everyone has access to food. The program, funded with a $400,000 donation from Pace law alumnus and Constellation Brands Inc. chief executive officer Rob Sands, is a partnership with the Natural Resources Defense Counsel. We spoke with Pace law professor Margot Pollans, who is overseeing the new clinic, about what types of legal assistance students will be serving up. Her answers have been edited for length.


NLJ: I know there are some food law clinics out there already. How will Pace’s program be different?


Pollans: There are a couple of clinics that are what I would categorize as food law and policy clinics. There’s one at Harvard, and one starting up at [the University of California at Los Angeles]. They’re doing big-picture policy work. They’re writing white papers, they’re working with states on broader legal reform issues, they’re working with food policy councils. But they’re not providing client services. What we’re trying to do is provide transactional legal services to food-system participants: to farmers, to food and beverage entrepreneurs, to nonprofits that are doing food justice-type work. That’s something we saw as a gap in the clinics out there.


NLJ: What are the most common legal issues that these sustainable food and beverage clients face?


Pollans: One is food safety compliance, particularly with a lot of smaller businesses that are trying to do something outside of the norm. They often have challenges with figuring out how to comply with state and federal food safety laws. There are a lot of laws about what kinds of equipment you have to have and what procedures you have to have in place. It can be really expensive for small businesses to invest in, or figure out which of these laws you have to comply with. Labeling issues can be a huge challenge. What claims can you make? What can you put on your packaging? What are you required to say? In the farming context, estate planning is an issue that comes up a lot. How do you make it so our children will be able to keep the farm in the family after you pass?


. . . . 

Continue reading here.


July 2, 2016 | Permalink | Comments (0)

Friday, July 1, 2016

What Law Firms are Giving Major Raises to Newbies?

At least 82 firms are now starting out new attorneys with annual salaries of $180,000. Hard to believe and a bit demoralizing for us academics toiling for far less. When we entered academia, we knew we were giving up the big bucks, but did we expect such a disparity in salaries?

From Law Crossing, here is a chart listing those high paying firms.


July 1, 2016 | Permalink | Comments (0)

Thursday, June 30, 2016

Using Visuals in the Rule Making Process

Probably most of aren’t aware that documents filed in government rulemaking proceedings frequently contain explanatory and persuasive visuals—both illustrations and short videos.

In their article, Visual Rulemaking, Elizabeth G. Porter & Kathryn A. Watts   discuss the use of visuals by government agencies and participants and include many examples. You can access the article here.


June 30, 2016 | Permalink | Comments (0)

Fordham Law expands its experiential learning programs with appointment of new leadership

This from the Fordham Law online news blog:

Fordham’s experiential learning program expands with two new leaders and a renewed sense of innovation.


Two years ago, the American Bar Association issued new standards for law schools to fulfill to remain in good standing. Among them was Standard 304, which requires all law students to satisfy an experiential learning requirement. Beginning this fall, the standard applies to all students entering as 1Ls.


For some students—and for some law schools—this new requirement may seem onerous. Not so for Fordham Law students or Fordham Law School. The School’s Clinical Legal Education program has for decades offered students a host of clinics, externships, and simulations. Recently Fordham Law clinic students have scored many victories: a $185,000 settlement for victims of broker fraud, the release of a Guantanamo detainee, and human rights training with LBGTI advocacy groups in sub-Saharan Africa. The program will only expand under the new leadership of professors Leah Hill and Michael W. Martin ’92.


Hill was recently appointed associate dean for experiential education while Martin has assumed the
title director of clinical education. Together they will be responsible for ensuring Fordham students graduate with real lawyering experience.


“In the first year of law school our students learn the habits of thinking that are unique to the legal profession. Our experiential programs provide them with the opportunity to apply those thinking habits to real-world problems,” Hill says. “In our live-client clinics in particular, students are able to put their critical thinking skills to use on behalf of real clients. We are committed to providing students with a range of experiential learning options that allow them to deepen their understanding of what it means to practice law.”

. . . . .

Continue reading here.



June 30, 2016 | Permalink | Comments (1)

Wednesday, June 29, 2016

A New “Hot Coffee” Case

Twenty years ago, a woman successfully sued McDonald’s for the injuries she suffered from a hot coffee spill. Now, Starbucks is the defendant. From

According to the lawsuit, Katherine Mize claims that in 2014 a Starbucks barista dropped a 20-oz cup of joe on her while she was in the drive-thru. Mize claims she was handed her coffee and the lid wasn't on there right, spilling on her. The coffee allegedly cause second degree burns to the plaintiff's lap area. To add insult to injury, Mize claims Starbucks employees never offered any help.

You can read more here.


June 29, 2016 | Permalink | Comments (0)

Tuesday, June 28, 2016

UMKC seeking to hire a legal skills prof for its 1L program beginning this fall

Due to a sudden retirement at UMKC, they're in the market for a legal skills prof to teach in their 1L program beginning this fall. At present, it's uncertain whether the school will be hiring a full-time prof or a part-timer as explained below in the job posting. You can contact Professor Nancy Levit at for more info.  

Here are the remaining details:

Due to an unexpected retirement, the University of Missouri-Kansas City School of Law is seeking to hire either a full- or a part-time visiting clinical faculty member to teach the first-year Lawyering Skills course, supervise student teaching assistants in the course, and collaborate with other faculty teaching in the first-year program.  If we find it necessary to fill the full-time position, the successful applicant will teach two sections of Lawyering Skills I (3 cr. each) in the Fall as well as two sections of Lawyering Skills II (2 cr.) and an upper level writing course or other elective in the Spring. If instead we fill the part-time position, that will involve teaching one Section of Lawyering Skills I in the Fall and one section in the Spring and will require availability to teach two mornings weekly from August to December 2016 and January to April 2017, the maintenance of regular office hours, grading of several student written assignments throughout the semester and multiple individual conferences.  Previous teaching of legal writing (either as a faculty member at any law school or as a teaching assistant in the UMKC program) is strongly preferred.


A J.D. and recognized expertise in writing in legal practice, as well as an understanding of and commitment to preparing law students for entry into the profession of law, are required.  Salary will be commensurate with experience and qualifications.


A complete application must include a letter detailing desire and qualifications to teach, a curriculum vitae reflecting the highest degree earned and previous teaching, legal research and employment experience, as well as a list of at least three professional references. The letter should clearly indicate whether the applicant is seeking a part time or full time position or would consider either.


Application materials must be submitted online to UMKC Human Resources at  by July 14. For questions about how to apply, please call (816) 235-1621, or if you are experiencing technical problems, please call (855) 523-0002.


If you need additional information, please contact Professor Nancy Levit


UMKC is an equal access, equal opportunity, affirmative action employer that is fully committed to achieving a diverse faculty and staff. The university will recruit and employ qualified personnel and will provide equal opportunities during employment without regard to race, color, religion, national origin, sex, sexual orientation, age, status as a protected veteran or status as a qualified individual with a disability. To request ADA accommodations, please call the Director of Affirmative Action at 816-235-1323. All final candidates will be required to successfully pass a Criminal Background Check prior to beginning employment.


June 28, 2016 | Permalink | Comments (0)

A New Name for the South Texas College of Law

The school is changing its name to the Houston College of Law. The schools says that the name change is “consistent with the law school’s strategic plan and is pivotal to its efforts to further distinguish itself regionally and nationally.”

But wait. Isn’t there another Texas law school with a similar name? From JD Journal:

Houston has another law school not to be confused with. Their crosstown rival, the University of Houston Law Center, is worried. In a statement they said, “The University of Houston is concerned about the significant confusion this creates in the marketplace and will take any and all appropriate legal actions to protect the interests of our institution, our brand and our standing in the communities we serve.”

You can read more here.

In fact, the University of Houston has filed suit against the Houston College of Law for infringing on its intellectual property (here).


June 28, 2016 | Permalink | Comments (0)

Law School Innovation by Phil Weiser and Bryce Wilson

Last week, I talked about some of the innovative classes at the University of Colorado.  Following this up, here is a report written by the dean and a student concerning a roundtable on legal education reforms and how those reforms are being implemented at UC.

Law School Innovation by Phil Weiser and Bryce Wilson.  A sampling:

"On January 4, 2016, as part of its ongoing commitment to exploring law school innovation, Silicon Flatirons brought together thought leaders from academia, private practice, in-house legal departments, and alternative legal service providers to evaluate what is known about this changing education model and what important work lies ahead. Prior discussions hosted by Silicon Flatirons grappled with different elements of the law school innovation opportunity and the “Law 2.0” movement more generally. For this session, in order to develop a foundation for a specific set of reforms to legal education, the Roundtable participants focused on ongoing research efforts and data-driven analyses."

"Law schools and legal professionals have traditionally failed—outside of grades—to articulate specific learning outcomes that predict professional success."

"The Roundtable participants analyzed four principal data sources. First, Alexia Brunet Marks and Scott Moss, Professors of Law at University of Colorado Law School, discussed their findings on holistic admissions and how new metrics can better predict who will succeed in law school. Second, Gallup presented research assessing which educational experiences lead to law school satisfaction and successful career engagement. Third, participants discussed data from the Educating Tomorrow’s Lawyers (“ETL”) initiative of the Institute for the Advancement of the American Legal System (“IAALS”) that focused on the importance of professional skills (as opposed to other competencies) to employers. Finally, Bill Henderson, Professor of Law at Indiana University Maurer School of Law, presented a competency model for how lawyers develop and how law firms should recruit and train lawyers."

"Nonetheless, despite growing evidence that professional skills matter significantly in determining success, too few programs train employees for such skills and too few employers seek to hire employees based on them."

" In short, the research presented and discussed below provides support for the importance of non-GPA-related factors in law school and post-graduation success. Given the importance of experiences that raise the level of professionalism, readiness, and trust with employers, law schools need to think hard about how to design the law school experience."

"This report proceeds in five parts. After this Introduction, Part II reviews the research noted above, highlighting which competencies are most significant in predicting success in law school and the workplace. Part III evaluates strategies for developing key competencies, and Part IV discusses the importance of an ongoing dialogue between law schools and employers. Part V offers a short conclusion."

"V. Conclusion
With a changing legal landscape, the role of legal education needs to change. Unfortunately, many law schools remain locked into a traditional model that is starting to break under growing pressure. Advancements and innovations taking place at Colorado Law and elsewhere are an important phase in the process of bringing legal education in step with developments in the marketplace.

The promise of increased data collection and analysis about the critical competencies that best predict successful careers by law school graduates can point the way to data-driven innovations. The data discussed at the Roundtable suggests that law schools and employers can—and, in some cases, are starting to—determine value by using non-conventional indicators. As Henderson commented at the Roundtable, “It takes just as long to do selection badly as it does todo it well. So just do it well.” In the future, law schools will be able to innovate beyond admissions and developing competency-based learning pedagogies, thereby improving on their ability to select and prepare students for post-graduation employment. This process will take time, but over the next 5-10 years, those law schools and employers who move in this direction will be rewarded for getting out in front of a changing landscape."

(Scott Fruehwald)

June 28, 2016 | Permalink | Comments (0)

Monday, June 27, 2016

Another “Top Hits” Blog Post

Blog Rewind. From 2011l here’s another posting that our readers like and regularly access:

Five Methods of Legal Reasoning

  1. Rule-Based Reasoning:

Rule-based reasoning is the most important type of legal reasoning. In rule-based reasoning, you take a rule (a statute or a case holding) and apply it to a set of facts. (This is a type of deductive reasoning.) Richard Neumann has stated that rules have at least three parts: "(1) a set of elements, collectively called a test; (2) a result that occurs when all the elements are present (and the test is thus satisfied); and (3) . . . a causal term that determines whether the result is mandatory, prohibitory, discretionary, or declaratory." (Richard K. Neumann, Jr., Legal Reasoning and Legal Writing: Structure, Strategy, and Style 16 (2005). In addition, some rules have "one or more exceptions that, if present would defeat the result, even if all the elements are present." (Id.) An example of a rule would be that intentional infliction of emotional harm occurs if 1) the defendant’s conduct is outrageous, 2) the defendant’s conduct is intentional, 3) the defendant’s conduct causes, 4) severe emotional distress. The rule would be satisfied if the facts of the present case satisfies all the elements of the rule. For example, if an ex-boyfriend calls an ex-girlfriend several times in the middle of the night to harass her (outrageous conduct; intentional conduct) and this causes (causation) her severe emotional distress (element 4), intentional infliction of emotional distress has taken place.

  1. Reasoning by Analogy

Reasoning by analogy concerns finding similarities. Reasoning by analogy in the law occurs when one argues that the facts of the precedent case are like the facts of the present case so that the rule of the precedent case should apply to the present case. (A is like B, so the rule from A applies to B.) An example of reasoning by analogy is that the rule that one who keeps a wild animal, like a tiger, on her property is strictly liable for any damage caused by that animal also applies to pit bulls because a pit bull, although not a wild animal, is inherently dangerous just like a wild animal. The two cases are never exact; reasoning by analogy is a question of degree. The writer must convince the reader that the facts of the two cases are similar enough that the rule from the precedent case should apply to the present case.

  1. Distinguishing Cases

Distinguishing cases is the opposite of reasoning by analogy. In distinguishing cases, one argues that the facts of the precedent case are not like the facts of the present case so that the rule from the precedent case does not apply to the present case. For example, a toy poodle is not like a wild animal because toy poodles are not inherently dangerous so that the rule from the wild animal cases that an owner of a wild animal should be strictly liable for any damage caused by that wild animal should not apply to toy poodles.

  1. Reasoning by Policy

With policy based-reasoning, the writer argues that applying a particular rule to a case would create a precedent that is good for society. For instance, in early products liability cases, lawyers argued for strict liability when a product injured a consumer because manufacturers could better spread the cost of injuries than consumers. Policy-based reasoning can also be combined with reasoning by analogy. For instance, one can argue that the policy behind the rule in the precedent case also applies to the present case so the rule in the precedent case should also apply to the present case.

  1. Inductive Reasoning

Inductive reasoning is reasoning from the specific to the general. Lawyers use inductive reasoning to synthesize rules. In other words, lawyers take the holdings from several cases and by synthesizing those specific cases, they come up with a general rule. To synthesize a rule look at the similarities among the facts of the precedent cases and the differences among the facts of the precedent cases. Also, look at the reasoning behind the holdings.

Case 1 holding: A person who owns a tiger that escapes and causes personal injury is strictly liable for that personal injury.

Case 2 holding: A person who owns a tiger that escapes and causes property damage is strictly liable for that property damage.

Case 3 holding: A person who owns a pit bull that escapes and causes personal injury is strictly liable for that personal injury.

Case 4 holding: A person who owns a toy poodle that escapes and causes personal injury is not strictly liable for that personal injury.

Synthesized rule: A person who owns an inherently dangerous animal that escapes and causes personal injury or property damage is strictly liable for that personal injury or property damage.

Reasoning: Tigers, which are wild animal, and pit bulls, which are breed to be aggressive, are inherently dangerous, while toy poodles are not. When two innocent parties are involved, the law usually holds the party liable that keeps dangerous things, like wild animals. The rule applies to both personal injury and property damage.

Update:  ABA Publishing has issued my book, Think Like a Lawyer: Legal Reasoning for Law Students and Business Professionals, which includes many exercises on the Five Methods of Legal Reasoning.  It is available from ABA Publishing, Amazon, and many other outlets.

(Edwin Scott Fruehwald)

You can access the posting here.


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June 27, 2016 | Permalink | Comments (0)

Sunday, June 26, 2016

Our Most Popular Blog Posting

Blog Rewind: Because we have been posting daily since 2010, we have a rich archive. Our readers frequently explore the archive and find some favorites. Here is the posting that receives the most “hits”:

Another Typing Trick: Large & Small Caps

The other day, I posted a very helpful article of typing shortcuts. Please see below. Here's another one that comes in very handy for those who write law review articles and have to deal with large and small caps. Just type the relevant part of the citation, shade it with your mouse, and click Control+Shift+K.

To get out, just reclick that formula. Of course, none of  this goes to the real question: Why in heaven's name  do  law reviews  still use large and small caps?

Handy Keyboard Tricks for Word

A good way to increase your typing efficiency is to keep your hand off the  mouse as much as possible. In an article on Attorney at Work, Deborah Savadra shows us how with a number of “Hotkeys.” Here are a few examples:

  • Boldface: CTRL+B
  • Italicize: CTRL+I
  • Underline: CTRL+U
  • Increase font size: CTRL+SHIFT+.
  • Decrease font size: CTRL+SHIFT+,Finally, if you memorize no other key combination, remember this one: CTRL+S to Save Document. Although you can have Word automatically save an AutoRecover version of your document every few minutes, it never hurts to save the document yourself frequently.You also can access this posting and readers’ comments by clicking here.
  • (ljs)
  • Here’s one that she especially recommends:

        Finally, if you memorize no other key combination, remember this one: CTRL+S to Save Document. Although you can have Word automatically save an AutoRecover version of your document every few minutes, it never hurts to save the document yourself frequently.


You also can access this posting and readers’ comments by clicking here.

June 26, 2016 | Permalink | Comments (0)

Saturday, June 25, 2016

Five Interview Questions Your Students Should Expect

Recently, we interviewed a candidate for a job, and I asked a question that I thought the candidate should have expected. The poor guy froze for almost 30 seconds. At the risk of stating the obvious, students applying for jobs should anticipate predictable questions and prepare responses to them. From JDJournal, here are five predictable questions:

  1. Tell me about yourself.
  2. Why are you interested in this job? 
  3. Tell me about a problem you faced at work and how you handled it.
  4. How would your boss and coworkers describe you?
  5. Do you have any questions for me? 

For guidance on answering these questions, please click here.


June 25, 2016 | Permalink | Comments (0)

ABA Journal: ABA threatened with 1-year suspension of law school accreditation powers

ABA threatened with 1-year suspension of law school accreditation powers by Stephanie Francis Ward.

"A Department of Education panel on Wednesday recommended that the ABA’s accreditation power for new law schools be suspended for one year, on the basis that the organization failed to implement its student achievement standards and probationary sanctions, while also not meeting its audit process and analysis responsibilities regarding students’ debt levels."

(Scott Fruehwald)

June 25, 2016 | Permalink | Comments (0)

Friday, June 24, 2016

University of Texas Affirmative Action Case: Summaries

As you probably know, the Supreme Court has upheld the part of the university’s admissions program that includes diversity as a factor. Here is National Public Radio’s summary. And here is a longer report from the Washington Post.


June 24, 2016 | Permalink | Comments (0)

Proposal for New AALS Section: Leveraging Technology Section

The AALS Clinical Section’s Technology Committee is gathering signatures to petition the AALS to establish this section. From Best Practices for Legal Education, here is a prospectus:

The Leveraging Technology Section will provide space for legal academics to consider and shape how evolving technologies are impacting and could impact law and legal systems.  It will encourage law professors to engage in cutting edge research and scholarship that can help to craft the new normal and create a space to share that scholarship with the broader community. 

The Section hopes to address how law school faculty can understand the rapid and profound technological change that could well remake law practice and how they can be at the forefront of framing a “new normal” for legal practice and lawyering.  The section will also help law professors access materials that will assist them in preparing law students using emerging technologies in the practice of law.

You can read more here (May 24, 2016).


June 24, 2016 | Permalink | Comments (0)

Thursday, June 23, 2016

The Style of Legal Writing

This past May, at Greenhorn Legal, Chelsea Wilson (Wash U.) offered guidance on legal writing—not the “rules,” but thinking about the audience, the tone, and concision.

You can access the posting here.


June 23, 2016 | Permalink | Comments (0)

ABA Journal: Why law schools need to teach more than the law to thrive (or survive) by Chad Asarch & Phil Weiser

Why law schools need to teach more than the law to thrive (or survive) by Chad Asarch & Phil Weiser.

"The ongoing discussion on the future of legal education all too often misses the opportunities for innovation and re-invention."

"At Colorado Law, we are working to engage a range of employers and to develop experiments—on both the curricular and extracurricular fronts—to help students build key competencies and a portfolio of skills that will be valued by employers, including those who traditionally never hired from law schools. This strategy, as explained in this report (PDF), led the two of us to work together to create new nontraditional real estate transactions courses that developed important competencies. The results of this collaboration provide important lessons for the way forward."

"The two new courses—Real Estate Transactions and Advanced Real Estate Transactions—underscore the range of opportunities open to law schools willing to experiment. These courses are important not only because they enabled students to learn through experiences with real-world situations, but also because they were designed to enable students to develop a number of valuable competencies, including how to work well in teams, learn from feedback, and approach their work with a positive attitude."

"In designing both courses, the starting place was that actual real estate deal documents and issues would be front and center. In the foundational class, students began developing the skills necessary to read a real estate transactional document effectively, including an understanding of how the various provisions of the document work together and an appreciation for how different document revisions and additions were necessary to advance the cause of their client."

"In the advanced class, students learned to take their burgeoning understanding of real estate deals to the next level by working on negotiation projects in teams. With respect to both classes, the goal was to build on the traditional “issue spotting” and critical thinking skill set developed in the first year and to focus on practical legal skills (drafting contracts), contextual knowledge (how real estate development works in practice), and professional skills (including working effectively in teams). In so doing, the courses helped students develop as more complete professionals and build key competencies sought after by employers."

"Through this class (and complementary efforts), Colorado Law students discovered the importance of professional skills (including emotional intelligence) that they might not have previously viewed as important to their success."

"The world of legal education needs to move beyond a traditional model that has never worked for many of our students. In that sense, today’s challenging environment for law schools is an overdue wake-up call to ask ourselves what competencies matter for our students—that is, what competencies will help them add value as lawyers, policymakers, and leaders—and how can we best teach and deliver those competencies. With a range of promising experiments in new curricular and extracurricular offerings (some prompted by the ABA’s call to articulate key competencies developed by law schools), there are compelling reasons to believe that a reimagined law school experience is a worthwhile alternative to simply shrinking down the traditional law school model."

(Scott Fruehwald)

June 23, 2016 | Permalink | Comments (0)