Connecticut Law Review Volume 45 - Issue 4

SECOND WIND: A LEGAL AND POLICY-BASED EVALUATION OF THE BLOCK ISLAND WIND FARM AND THE LEGISLATION THAT SAVED IT

Rhode Island has recently attempted to pioneer offshore wind energy development by passing new legislation and partnering with Deepwater Wind, LLC to develop a wind farm off Block Island.  This wind farm will have long-term implications, both as a demonstration project for future offshore wind energy, and as a paradigm for governmental expedition of renewable […]

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IDEOLOGICAL EXCLUSION IN THE POST-9/11 ERA: A CASE FOR INCREASED JUDICIAL OVERSIGHT AND RECOGNITION OF THE RIGHT TO HEAR SPEECH

Following the terror attacks of September 11, 2001, the George W. Bush Administration actively engaged in a policy of ideological exclusion.  During the Bush Administration, the State Department routinely denied visas to foreign nationals whose political views it disfavored.  The primary targets of ideological exclusion during the post-9/11 era were members of the Arab and […]

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Rethinking U.S. Legal Education: No More “Same Old, Same Old”

In this Essay, I suggest that we should think about how to create a curriculum that encourages students to develop a variety of skill sets.  Law students simply don’t need three years of Socratic questioning regarding the fine details of court opinions.  They need a wide range of experiences, preferably building on skill sets (like […]

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The Impact of Rankings and Rules on Legal Education Reform

Legal education is experiencing intense pressures and is undergoing profound changes.  Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association’s accreditation standards.  The push and pull of these forces helps explain why law schools are […]

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What’s Going On? The Psychoanalysis Metaphor for Educating Lawyer-Counselors

In this Essay prepared for the Connecticut Law Review’s 2012 Symposium on legal education reform, I propose an alternative to the dominant metaphor of “lawyer as warrior” for educating the many lawyers whom clients will seek out as counselors even at early stages in their careers.  My preferred metaphor is “lawyer as psychoanalyst” because it […]

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Kim Kardashian and Honey Boo Boo: Models for Law School Success (or Not)

This Article offers two narratives about how we might identify and pursue our law school missions.  The first is a partly satirical and partly serious discussion about the obsessive need for law schools to chase rankings and fame.  It suggests that the stated mission of many law schools is trumped by the real mission—to become […]

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Democratizing Legal Education

Millions of Americans lack representation for their legal problems while thousands of lawyers are unemployed.  Why?  Commentators and academics offer a range of answers to this question, from economic factors to regulatory constraints.  Whatever the root cause, clearly a massive delivery problem exists for personal legal services.  Indeed, most individuals do not even realize when […]

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Jukin’ the Stats: The Gaming of Law School Rankings and How to Stop It

“Jukin’ the stats” means manipulating pertinent information to advance one’s position.  In the case of law schools, manipulation of law school rankings, put forth by U.S. News and World Report, potentially enables the school to gain advantage relative to competitors.  This Article describes the U.S. News Law School rankings methodology followed by prospective law students […]

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Legal Education in Disruption: The Headwinds and Tailwinds of Technology

By harnessing improvements in communications and computational systems, law firms are producing a revolution to the practice of law. Self-help legal manuals have transformed into interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; […]

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Next Phase Pedagogy Reform for the Twenty-First Century Legal Education: Delivering Competent Lawyers for a Consumer-Driven Market

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace.  This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires—a paradigm shift in the methodology […]

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