Paul L. Caron
Dean
Pepperdine Caruso
School of Law
Legal Ed Scholarship
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Litigation Bias
Adam Eckart (Suffolk), Litigation Bias, 101 Or. L. Rev. __ (2022): There is pervasive litigation bias in law schools. Despite significant interest in transactional law fields among law students, law schools disproportionately teach to the student interested in litigation: litigation-based legal writing assignments outnumber transactional-based ones 19 to 1; litigation-based clinics outnumber transactional ones 9…
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A Supreme Dilemma: Admissions v. Representation In Law School And Legal Profession
Ahmuan Williams (Oklahoma), A Supreme Dilemma: Admissions v. Representation in Law School and Legal Profession: Diversity in the legal profession does not have to be a myth, but we have to put in the effort to do it. A Supreme Dilemma: Admissions v. Representation in Law School and Legal Profession gives you an idea of…
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How COVID-19 Made Me A Better Law Teacher
Amy Soled (Rutgers), How COVID-19 Made Me a Better Teacher, 34 The Second Draft 1 (2021): COVID-19 has caused havoc in the world as we know it, altering every aspect of life, including education. The pandemic forced me and other educators to teach online, and by doing so, it has made me a better teacher.…
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Reflections On Legal Education In The Aftermath Of A Pandemic
Timothy Casey (California Western), Reflections on Legal Education in the Aftermath of a Pandemic, 28 Clinical L. Rev. 85 (2021): This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic.…
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Deo: The End of Affirmative Action
Meera E. Deo (Southwestern), The End of Affirmative Action, 100 N.C. L. Rev. 237 (2021): We have arrived at the end of affirmative action. Now, more than ever, institutions of higher learning must move beyond a single-minded focus on educational diversity, which admits students of color primarily to enrich the classroom experiences of their white…
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Practical Considerations In Starting And Operating An Academic Low-Income Taxpayer Clinic
Amy Spivey (UC-Hastings) & Manoj Viswanathan (UC-Hastings; Google Scholar), Practical Considerations in Starting and Operating an Academic Low-Income Taxpayer Clinic, 76 Tax Law. __ (2022): Low-income taxpayer clinics (“LITCs”) provide legal assistance to underserved clients with active federal tax controversies, conduct educational outreach to low-income and English-as-a-second-language taxpayers, and work to ensure the fairness and…
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Assessing Affirmative Action’s Diversity Rationale: Student-Run Law Reviews
Adam Chilton (Chicago; Google Scholar), Justin Driver (Yale), Jonathan S. Masur (Chicago; Google Scholar) & Kyle Rozema (Washington University; Google Scholar), Assessing Affirmative Action's Diversity Rationale, 122 Colum. L. Rev. 331 (2022): Ever since Justice Lewis Powell’s opinion in Regents of the University of California v. Bakke made diversity in higher education a constitutionally acceptable rationale…
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Augmented Lawyering
John Armour (Oxford; Google Scholar), Richard Parnham (Oxford) & Mari Sako (Oxford; Google Scholar), Augmented Lawyering, 2022 U. Ill. L. Rev. 71: How will artificial intelligence (AI) and associated digital technologies reshape the work of lawyers and structure of law firms? Legal services are traditionally provided by highly-skilled humans — that is, lawyers. Dramatic recent…
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Where Do We Go From Here? International Students, Post-Pandemic Law Schools, And The Possibilities Of Universal Design
Carole Silver (Northwestern; Google Scholar) & Swethaa Ballakrishnen (UC-Irvine; Google Scholar), Where Do We Go From Here? International Students, Post-Pandemic Law Schools, and the Possibilities of Universal Design, 8 CJCCL 313 (2022): Following on our earlier research on the experiences of international students, this article uses the recent global pandemic as a revealing lens to…
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Am I Disabled? Disability Identity And Law Faculty
Katie R. Eyer (Rutgers; Google Scholar), Am I Disabled? Disability Identity and Law Faculty, 71 J. Legal Educ. __ (2022): This short Essay addresses the dilemmas of disability self-identification from the perspective of those who are ambiguously disabled, and calls on greater numbers of law faculty to situate themselves within, rather than outside, the disability…
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Inoculating The Next Generation Of Lawyers: Mandating Substance Use And Mental Health Education For Law Students
Janet E. Stearns (Miami), Inoculating the Next Generation of Lawyers: Mandating Substance Use and Mental Health Education for Law Students, 61 U. Louisville L. Rev. __ (2022): This articles reviews some of the major approaches for mandating an educational requirement for substance use and mental health education (SUMH) for law students, reviews some of the…
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Chronicle Of Higher Education Debate: The Constitutionality Of Required Faculty Diversity Statements
Following up on last month's post, Brian Soucek (UC-Davis; Google Scholar), The Constitutionality Of Required Faculty Diversity Statements (55 U.C. Davis L. Rev. 101 (2022)): Chronicle of Higher Education Op-Ed: How to Protect DEI Requirements From Legal Peril, by Brian Soucek: More and more universities ask or require faculty to describe their contributions to diversity,…
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Law School Pandemic Year 2: Student Perspectives On Distance Learning
Gallup and AccessLex Institute Release Part Two of Study on Law Students’ Views of Distance Learning: A new report released … by Gallup and AccessLex Institute, Law School in a Pandemic Year 2, has found that the gaps in program quality that law students said existed between online and in-person instruction narrowed considerably since 2021…
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Adding More Sharks To The Shark Tank: Strategies For Hiring More Law Professors In Business Schools
David Nows (Central Michigan; Google Scholar), Adding More Sharks to the Shark Tank: Strategies for Allowing More Attorneys to Access Academia in Business Schools, 66 How. L.J. __ (2022): Becoming a law professor in a law school has become a difficult endeavor. For most candidates, the roughly 50% reduction in open positions over the past…
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An Analysis Of The Efficacy Of The Bar Passage Program At Florida International Law School
Raul Ruiz (Florida International), Leveraging Noncognitive Skills to Foster Bar Exam Success: An Analysis of the Efficacy of the Bar Passage Program at FIU Law, 99 Neb. L. Rev. 141 (2020): With falling bar exam passage rates, many law schools have implemented bar exam preparation programs but are still struggling to improve bar exam passage…
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The Bluebook: 2021 v. 1976
Robert A. James (Pillsbury, San Francisco), The Bluebook Nods, 24 Green Bag 2d 335 (2021): Generations of law students have been required to master A Uniform System of Citation, also known as the Bluebook, to pass legal writing classes or progress in coveted law review positions. A long-time practitioner compares the 2021 and 1976 versions…
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Harvard And MIT Offer Free Open-Source Law School Casebooks
MIT News, “Open Casebook” Series Will Make First-Year Law School Texts More Accessible to Students Across the United States: Together, the MIT Press and Harvard Law School Library announce the launch of the Open Casebook series. Leveraging free and open texts created and updated by distinguished legal scholars, the series offers high-quality yet affordable printed textbooks for use in…
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Using Artificial Intelligence In The Law Review Submissions Process
Brenda M. Simon (California Western; Google Scholar), Using Artificial Intelligence in the Law Review Submissions Process, 56 U.C. Davis L. Rev. ___ (2022): The use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls…
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How To Engage Law Students In The Online Learning Environment
Andrele Brutus St. Val (Pittsburgh), Survey Says—How to Engage Law Students in the Online Learning Environment, 70 J. Legal Educ. __ (2021): The pandemic experience has made it clear that not everyone loves teaching or learning remotely. Many professors and students alike are eager to return to the classroom. However, our experiences over the last…
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The Constitutionality Of Required Faculty Diversity Statements
Brian Soucek (UC-Davis; Google Scholar), Diversity Statements, 55 U.C. Davis L. Rev. 101 (2022): Universities increasingly require ‘diversity statements’ from faculty seeking jobs, tenure, or promotion. But statements describing faculty’s contributions to diversity, equity, and inclusion are also increasingly under attack. Criticisms first made in tweets and blog posts have expanded into prominent opinion pieces…
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The Pro Bono Penalty: Extracurricular Activities And Demographic Disparities In Bar Exam Success
Christopher Birdsall (Boise State) & Seth Gershenson (American; Google Scholar), The Pro Bono Penalty: Extracurricular Activities and Demographic Disparities in Bar Exam Success: Demographic disparities in bar exam pass rates are problematic but poorly understood. We investigate a possible explanation: participation in extracurricular activities, which could either distract from bar exam preparation or motivate and…
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Kuehn: The Economic Value Of Law Clinic Legal Assistance
Tax Prof Blog op-ed: The Economic Value of Law Clinic Legal Assistance by Robert Kuehn (Washington University): Each year law school clinics provide free legal assistance to tens of thousands of clients, most of whom would otherwise go unrepresented. The work of clinic students and faculty allows clients to advance or defend their rights or obtain…
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LoPucki: A Comprehensive Theory And Style For Using PowerPoint To Teach Law
Lynn M. LoPucki (UCLA), The PowerPoint Channel, 17 U. Mass. L. Rev. 41 (2022): This Article is the first to present a comprehensive theory and style for using PowerPoint to teach law. The theory is that presentation software adds a channel of communication that enables the use of images in combination with words. Studies have…
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The Deborah Jones Merritt Center For The Advancement Of Justice
Claudia Angelos (NYU), Mary Lu Bilek (Former Dean, CUNY, Massachusetts) & Joan W. Howarth (UNLV; Dean Emerita, Michigan State; Google Scholar), The Deborah Jones Merritt Center for the Advancement of Justice, 82 Ohio St. L.J. 911 (2021): When invited to write an essay on clinical legal education honoring our friend, we were struck by the…
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Law Students Left Behind: Law School’s Role In Remedying The Devastating Effects Of Federal Education Policy
Sandra Simpson (Gonzaga), Law Students Left Behind: Law School's Role in Remedying the Devastating Effects of Federal Education Policy, 107 Minn. L. Rev. __ (2023): Due to the unintended consequences of misdirected federal education policy, students come to law school with underdeveloped critical thinking and cognitive adaptability skills. As the products of the No Child…