Friday, June 24, 2016
It is a rare moment in time when the Supreme Court of the United States contains only 8 members, and this week's decisions deserve close attention. As teachers and mentors to future lawyers, we should watch closely and prepare to analyze, discuss and critique with our students whether they return in early Fall or tomorrow morning.
Over at The Conversation, my Penn State colleague Liliana Garces is blogging about the Fisher decision on race-conscious admissions policies in higher education: https://theconversation.com/after-supreme-courts-fisher-decision-what-we-need-to-know-about-considering-race-in-admissions-59784
At Human Rights at Home, Prof. Irene Schart of U.Mass Law discusses the Court's immigration decision: http://lawprofessors.typepad.com/human_rights/
And at SCOTUSblog, former assistant to the Solicitor General John Elwood explains the mundane but equally important "relist list" of cases, and those the Court announced this week it will remand, grant petitions in, or vacate judgments in: http://www.scotusblog.com/2016/06/once-more-unto-the-relist-watch/
Clinical law teaching may not often involve appellate practice, but lessons from the Court abound if we dig deeper than the outraged or relieved headlines. Lessons on civil procedure, legal writing, and even practice management can be gleaned from the Court's decisions. The Court is no longer in session, but the lessons remain.
Friday, June 3, 2016
Judgment By Social Media and Tweeted "Expertise" - Three Cases From The Cincinnati Zoo, The Forests of Japan, and Amber Heard's Marriage
As lawyers we oftentimes have to suspend our personal judgment of our clients, their choices and their circumstances. As clinicians we regularly train and remind our students on this suspension. Not only does this suspension preserve rapport, but it also allows for better representation of the person, as we just have to take them for who they are, not who we think they should be. Best practices and professional rules also remind us of client-centered representation, directing that choices are the client's choices and not ours, and that's its not all about us. Professionally this suspension of judgment can be a struggle - as a lawyer you may know "what's right" or "what's best" but the client chooses otherwise. And we must accept that.
If only we as a society were charged with this suspension of judgment - but as anyone can tell from the news this week, people are quick to judge others, and their choices, and proffer various social media statements to tout their judgment and expertise. (Ironically we also have a process for declaring and establishing expertise in the legal field, via our rules of evidence, which Twitter appears not to follow). Anyone can judge or be an expert in social media - just take a look at this week's fodder:
1) The Death of Harambe: Let's face it. Everyone loses in this situation. If the zoo didn't kill the gorilla, the child might have died and folks would be standing outside the exhibit with candles and posters in memoriam of the boy. Instead the zoo kills the gorilla, and even though they saved a child, someone must be to blame - distracting iPhones, parents, zoo architecture - you name it. Mom apparently is an administrator at a preschool, leading many to now call for her resignation. Because the two go hand in hand.
2) Abandonment in Hokkaido: To leave or not to leave a seven year old boy on the side of a mountain road in deep bear country forest for throwing stones? That was the question. Parent's call? To leave. Is it neglect or within the boundaries of discipline? You decide. Everyone else is.
3) Let's all kick Amber Heard while she's down: Maybe, in a couple of weeks, we will forget doing so, just like her husband allegedly did. It's times like these that make those us of doing domestic violence work cringe. Who is Amber Heard? If you hadn't heard of her (no pun intended) you certainly have now. Heard is the much younger wife of actor Johnny Depp who filed for, and was granted, a restraining order against him. Various photos of her with injuries have emerged, injuries that were allegedly caused by Depp - but where does the public support lie? Mainly with Depp. Why? Because it's her fault, of course, that this happened. She "exacerbates Depp's 'jealousy issues'" as allegedly Depp is incredibly insecure about her. She's also just in it for the money apparently, there being no prenuptial agreement and their divorce filed in California (the laws in California entitling her to fifty percent of what he has made during the marriage). Lastly, her bringing these issues out publicly just confirms that their marriage, and her involvement in it, have just been "nonstop drama".
As lawyers we have standards for these sorts of judgments and admissible statements. We also have a saying, "innocent until proven guilty". Yet as social media shows us time and time again, judgement is swift, fleeting and generally contained within 140 characters. Perhaps we should remind ourselves that #glasshousesarefullofhotair.
Wednesday, June 1, 2016
"As you may know, when Building on Best Practices: Transforming Legal Education in a Changing World was published by LexisNexis, we had an agreement that it would be available for free as an e-book, on line, with printed copies for sale. However, Carolina Academic Press recently bought out Lexis Nexis’ print inventory, causing some confusion regarding availability. Negotiations are still underway. The book is currently available in hard copy for sale for $50 ($45 internet discount – to order, go to http://www.cap-press.com/books/isbn/9781630443207/Building-on-Best-Practices ) We expect that the ebook will remain available at no cost from Lexis Nexis through the end of 2016. In order to obtain a free copy, the instructions have changed. Please submit a request for a free copy of the eBook by sending your request to ReviewCopy@lexisnexis.com. After December 31, 2016 there will likely be a fee to obtain a copy of the e-book.
We hope you will strongly encourage your Deans, Academic Deans, Experiential Deans, and your school’s curriculum committee members to read the book. The book provides helpful guidance and answers on the most important topics in legal education, even the dreaded learning outcomes and assessment projects that are underway at every law school."
Lisa Radtke Bliss and Carrie Kass and the Best Practices Implementation Committee:
"Greetings from the Section's Technology Committee!!
We write to announce two new initiatives.
First, we are in the midst of creating a new webinar series that will focus on using technology in our teaching and our clinics. The webinar will begin in September and run through the academic year, with one webinar a month. Stay tuned for more details.
Second, we are petitioning the AALS to Establish New AALS Section: Leveraging Technology for the Academy and the Profession. We are seeking signatures of those in the academy who support the creation of this new section. If you are interested in joining the section as a founding member, please add your name to the list, available here. (AALS requires that we obtain at least 50 signatures from full time faculty members and/or professional staff from at least 25 different schools).
The new section would bring together academics and staff who share a common interest in the advancing scholarship and teaching about role that technology is playing and will continue to play in legal education and the practice of law. We believe that it is important that members of the legal academy become familiar with and take a lead in driving the changes being made and affordances provided by technological innovations in the delivery of legal services.
The new Section will work with this committee to advance understanding within the academy of these two topics:
Technology and the practice of law: 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.
Technology and legal education: The Section will (1) lead a conversation about whether educational technologies that have been developed and used successfully in legal education may be able to scale to other law school classes; (2) introduce law professors to new educational technologies being developed for use in other areas of education so as to inspire this group of educational leaders to be at the forefront of change as it relates to technology and the legal academy, and (3) introduce law professors to pedagogies used to expose students to emerging technologies that are being used in the practice of law.
If there are others on your faculty who may be interested in this initiative, please feel free to distribute this to them.
We look forward to working with you to advance this agenda.
Valena Beety (West Virginia)
Warren Binford (Willamette)
Michael Bloom (Michigan)
Alyson Carrel (Northwestern)
Jenny Brooke Condon (Seton Hall)
Ron Lazednik (Fordham)
Michele Pistone (Villanova) Chair
Jeff Ward (Duke)
Leah Wortham (Catholic)"
"This is a reminder that the registration deadline for the Clinical Law Review’s Clinical Writers’ Workshop is June 30, 2016.
The Workshop will take place at NYU Law School on Saturday, September 24, 2016, at NYU Law School. It provides an opportunity for clinical teachers who are writing about any subject (clinical pedagogy, substantive law, interdisciplinary analysis, empirical work, etc.) to meet with other clinicians writing on related topics to discuss their works-in-progress and brainstorm ideas for further development of their articles. Attendees will meet in small groups organized, to the extent possible, by the subject matter in which they are writing. Each group will “workshop” the draft of each member of the group.
Participation in the Workshop requires the submission of a paper because the workshop takes the form of small group sessions in which all members of the group comment on each other’s manuscripts. By June 30, all applicants will need to submit a mini-draft or prospectus, 3-5 pages in length, of the article they intend to present at the workshop. Full drafts of the articles will be due by September 1, 2016.
As in the previous Clinical Law Review Workshops, participants will not have to pay an admission or registration fee but participants will have to arrange and pay for their own travel and lodging. To assist those who wish to participate but who need assistance for travel and lodging, NYU Law School has created a fund for scholarships to help pay for travel and lodging. The scholarships are designed for those clinical faculty who receive little or no travel support from their law schools and who otherwise would not be able to attend this conference without scholarship support. Applicants for scholarships will be asked to submit, with their 3-5 page prospectus, by June 30, a proposed budget for travel and lodging and a brief statement of why the scholarship would be helpful in supporting their attendance at this conference. The Board will review all scholarship applications and issue decisions about scholarships in early July. The scholarships are conditioned upon recipients’ meeting all requirements for workshop participation, including timely submission of drafts, and will be capped at a maximum of $750 per person.
Information about the Workshop – including the Registration form, scholarship application form, and information for reserving hotel rooms – is available on-line at:
If you have any comments or suggestions you would like to send us, we would be very happy to hear from you. Comments and suggestions should be sent to Randy Hertz at email@example.com.
-- The Board of Editors of the Clinical Law Review"