Paul L. Caron
Dean
Pepperdine Caruso
School of Law
Legal Ed Scholarship
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Law Clerk Selection And Diversity: Insights From Fifty U.S. Court Of Appeals Judges
Jeremy Fogel (Berkeley Judicial Institute), Mary Hoopes (Pepperdine) & Goodwin Liu (California Supreme Court), Law Clerk Selection and Diversity: Insights From Fifty Sitting Judges of the Federal Courts of Appeals (more here): Judicial clerkships are key positions of responsibility and coveted opportunities for career advancement. Commentators have noted that the demographics of law clerks do not…
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An Access And Equity Ranking Of America’s 63 Public Law Schools
Christopher L. Mathis (Iowa; Google Scholar), An Access and Equity Ranking of Public Law Schools, 74 Rutgers U.L. Rev. 677 (2022): Over the past few decades, several comprehensive ranking systems, including the influential U.S. News and World Report’s Best Law Schools rankings, have emerged to provide useful information to prospective law students seeking to enroll…
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Genre, Ideological Closure, And The Earned Income Tax Credit
Diane Kemker (Southern), “Cracking Open” the Tax Casebook: Genre, Ideological Closure, and the Earned Income Tax Credit: The Earned Income Tax Credit (EITC) is a large federal grant program that operates as a “negative income tax” for America’s poorest working taxpayers. It also attracts a grossly disproportionate share of IRS enforcement attention, under audit policies…
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Journal Of Legal Education Publishes New Double Issue
The Journal of Legal Education has published Vol. 70, No. 2 & 3 (Winter and Spring 2021): From the Editors Robert Dinerstein (American), Jeremy R. Paul (Northeastern; Google Scholar), Sonia E. Rolland (Northeastern), & Ezra Rosser (American; Google Scholar), From the Editors, 70 J. Legal Educ. 203 (2021) Articles Cass R. Sunstein (Harvard; Google Scholar),…
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Antitrust Implications Of The U.S. News Law School Rankings Boycott
Daniel A. Crane (Michigan), Antitrust Concerns on Firing U.S. News & World Report: My view on the merits is that the USNWR rankings scheme is bad for legal education, for many of the reasons articulated by Deans Gerken, Manning, and Chemerinksy. It’s not that rankings are necessarily bad—giving students, employers, and others information on law…
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What War Did To The Academy, What The Academy Did To War: A 20-Year Retrospective On The Effects Of The Post-9/11 Wars
Deborah N. Pearlstein (Cardozo), What War Did to the Academy, What the Academy Did to War: A 20-Year Retrospective on the Effects of the Post-9/11 Wars, 54 Case W. Res. J. Int'l L. 171 (2022): The history of the legal academy’s impact on the way states fight wars is hardly one of unmixed glory. It…
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Is It Possible To Find Meaning In BigLaw?
Tom Sharbaugh (Penn State), Is It Possible to Find Meaning in BigLaw?: After reading the recently published Servants to the Damned (2022) by investigative reporter David Enrich, which chronicles the role of large law firms in today’s political polarization and wealth disparities, I revisited some earlier psychology materials to consider whether a lawyer could find…
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Taxonomizing Professional Identity Formation: The Soul Of Legal Education
Harmony Decosimo (Suffolk; Google Scholar), Taxonomizing Professional Identity Formation: The Soul of Legal Education, 67 St. Louis U. L.J. __ (2023): Following the ABA’s recent mandate requiring law schools to provide students with opportunities for “professional identity formation,” this is the first article to taxonomize the field of professional identity formation advanced or employed in…
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Front-Line Faculty And Systemic Burnout: Why More Faculty Should Attend To Law Students’ Mental Health And The Inequities Caused By Faculty Who Opt Out
Katie Pryal (North Carolina; Google Scholar), Front-Line Faculty and Systemic Burnout: Why More Faculty Should Attend to Law Students' Mental Health and the Inequities Caused by Faculty Who Opt Out, 27 Legal Writing ___ (2023): Law schools are facing a population shock event, which is a far-reaching traumatic event that has affected a large group…
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Call For Papers: 9th Annual Michigan Junior Scholars’ Conference
Michigan Law School has issued a Call for Papers for its 9th Annual Junior Scholars' Conference: The University of Michigan Law School is pleased to invite junior scholars to attend the 9th Annual Junior Scholars Conference, which will take place in person on April 21-22, 2023, in Ann Arbor, Michigan. The Conference provides junior scholars…
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An Empirical Analysis Of Racial Bias In The UBE: A Law School’s First-Time Bar Pass Rate Decreases As Its Percentage Of Students Of Color Increases
Scott Devito (Ave Maria; Google Scholar), Kelsey Hample (Furman; Google Scholar) & Erin Lain (Drake; Google Scholar), Examining the Bar Exam: An Empirical Analysis of Racial Bias in the Uniform Bar Examination, 55 U. Mich. J.L. Reform 597 (2022): The legal profession is one of the least diverse in the United States. Given continuing issues…
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The Other Bar Hurdle: An Examination Of The Character And Fitness Requirement For Bar Admission
David L. Hudson, Jr. (Belmont) & Andrea Gemignani (Belmont), The Other Bar Hurdle: An Examination of the Character and Fitness Requirement for Bar Admission, 48 Mitchell Hamline L. Rev. 500 (2022): ConclusionCharacter screening is an endemic part of the lawyer licensing process, as it has been for a long time. Some form of screening is…
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I Quit: Lessons For Educators From The Great Resignation
Emily Grant (Washburn; Google Scholar) & Elisabeth Wilder (Washburn), I Quit: Lessons for Educators from The Great Resignation, 85 U. Pitt. L. Rev. ___ (2023): The Great Resignation is the story of millions of Americans who have quit their jobs in search of something different and represents a cultural shift in how people think about…
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Feminist Legal History And Legal Pedagogy
Paula A. Monopoli (Maryland), Feminist Legal History and Legal Pedagogy, 108 Va. L. Rev. Online 91 (2022): Women are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as…
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The Unsung Heroes Of The Desegregation Of American Law Schools
Gail S. Stephenson (Southern; Google Scholar), The Unsung Heroes of the Desegregation of American Law Schools, 51 J. of L. & Educ. 118 (2022): In 1940 seventeen American states prohibited interracial education by force of law. In 1945 the south offered white students sixteen law schools, but African-American students were limited to one segregated law…
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The Professional Responsibility Case For Valid And Nondiscriminatory Bar Exams
Joan W. Howarth (UNLV; Dean Emerita, Michigan State; Google Scholar), The Professional Responsibility Case for Valid and Nondiscriminatory Bar Exams, 33 Geo. J. Legal Ethics 931 (2020): Title VII protects against workplace discrimination in part through the scrutiny of employment tests whose results differ based on race, gender, or ethnicity. Such tests are said to…
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Meditations On Teaching What Isn’t
Kris Franklin (New York Law School), Meditations on Teaching What Isn't, 66 N.Y.L. Sch. L. Rev. 47 (2022): Lawyers reason from facts, but we also reason from absence. The lack of something we might logically expect to be found, but has not been, may be highly and suggestively meaningful. In a culture infused with matters…
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Black Lawyers Matter: Enduring Racism In American Law Firms
Vitor M. Dias (Indiana-Bloomington), Black Lawyers Matter: Enduring Racism in American Law Firms, 55 U. Mich. J.L. Reform 99 (2021): Scholars and practitioners have extensively examined patterns of racial inequality in U.S. corporate law firms. In the corporate bar, pull factors that have long shaped legal professionals’ careers include promotions, outside job offers, and family…
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Judge Ho: Restoring America by Resisting Cancel Culture
Update: Is Yale Law School Turning Over A New Leaf? (Oct. 22, 2022) Judge Ho's Boycott Of Yale Grads For Clerkships Violates The Code Of Judicial Conduct (Oct. 24, 2022) Inside Higher Ed: Free Speech Concerns Prompt Calls To Shun Yale Law Grads (Oct. 25, 2022) Justice Alito Takes Direct Aim At Law Schools For ‘Abysmal’ And…
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What’s (Race In) The Law Got To Do With It: Incorporating Race In Legal Curriculum
Sonia Gipson Rankin (New Mexico; Google Scholar), What’s (Race in) the Law Got to Do With It: Incorporating Race in Legal Curriculum, 54 Conn. L. Rev. 923 (2022): Gen Z is defined as including persons born after 1996 and, in 2018, the first Gen Z would have been twenty-two years old, the historically traditional age…
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How Santa Clara Law’s ‘Tech Edge JD’ Program Improves Admissions Yield, Diversity & Employment Outcomes
Laura Norris (Santa Clara) & Eric Goldman (Santa Clara; Google Scholar), How Santa Clara Law’s ‘Tech Edge JD’ Program Improves the School’s Admissions Yield, Diversity, & Employment Outcomes, 26 Marq. Intell. Prop. L. Rev. __ (2022): In 2018, Santa Clara Law launched an innovative new certificate, called the “Tech Edge JD” (TEJD), for JD students…
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This Is Not A Drill: The War Against Antiracist Teaching In America
Kimberlé Williams Crenshaw (UCLA, Columbia), This Is Not A Drill: The War Against Antiracist Teaching in America, 68 UCLA L. Rev. 1702 (2022): On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In…
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Happiness And The Law: Lifelong Learning As A Path To Meaning And Purpose
Isaac Mamaysky (Albany), Happiness and the Law: Lifelong Learning as a Path to Meaning and Purpose, 62 Santa Clara L. Rev. __ (2022): We begin with the premise that the happiest and most fulfilled attorneys are those who live a life of meaning and purpose. While many in the legal profession have achieved this goal,…
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Independent And Overlapping: Institutional Religious Freedom And Religious Providers Of Social Services
Kathleen Brady (Emory), Independent and Overlapping: Institutional Religious Freedom and Religious Providers of Social Services, 54 Loy. U. Chi. L.J. __ (2022): Roughly two decades ago, scholarly interest in the limits of government involvement in religious institutions exploded. Scholars explored distinctions between the spiritual and temporal dimensions of human activity and identified numerous individual, social,…
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Zoom School Of Law?
Kathryn Hobbis (J.D. 2022, Georgetown), Note, Zoom School of Law?, 34 Geo. J. Legal Ethics 1025 (2021): ConclusionThe Coronavirus pandemic has exposed the inconsistencies in the ABA standards for law school accreditation. Currently J.D. students are not able to earn their degree through fully virtual classes. Students can earn some credits through distance education, but…