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es about legal writing and advocacy these are the complete interviews lawprose is making these interviews available as a public service anyone may freely use these videos for educational purposes with appropriate attribution to bryan garner or lawprose hat tips the legal reader march 11 2008 how appealing march 11 2008 how appealing march 10 2008 posted by kierkegaard lives at 9 21 am 1 comments wednesday april 02 2008 updates so it s been slightly less than 1 year since i ve had time and access to post and update but i m really hoping that s going to change if you happen to check out any of the links listed at the right and find any of them to be broken on hiatus or otherwise invalid please post a comment i m working on trying to get through them and do some cleaning but i d appreciate any help and hopefully i m back posted by kierkegaard lives at 3 10 pm 2 comments friday june 08 2007 summertime advice for law students this post concerns a couple of topics i ve meant to post about for some time now but have just not previously gotten around to today s as good a day as any to do it i suppose it s summertime and many law students may be thinking about enjoying their summer clerking positions taking a break from thinking about how to be more successful in the classroom etc nonetheless there have recently in a very relative sense been a couple of topics floating around about how law students can be more successful because i have many friends involved in legal education i thought i d pull these couple of ideas and the related posts together here so they can be shared with those students who might have some time this summer or later this post won t be going anywhere to work on being more successful students next year 1 more effective reading raymond ward over at the new legal writer blog had a post back in march on the subject of the correlation between how law students and other legal readers read and how successful they are whether in terms of better grades or efficiency in legal practice the post was referring to work done by professor leah christensen of st thomas law school in minneapolis st paul professor christensen s papers would be good summer reads for law students to gain an appreciation of this correlation and to consider ways in which their own reading might be more effective in the short term this could translate to improved grades in the long term this could translate to more success in practice both papers are available for free on the social science research network legal reading and success in law school august 2006 the paradox of legal expertise a study of experts and novices reading the law 2007 2 secrets of successful legal writing students also back in march ward posted about a research paper authored by anne enquist of seattle u school of law studying the secrets of successful legal writing students in the paper professor enquist discusses a study done at seattle u comparing several legal writing students their individual habits and practices and their respective levels of succcess in the legal writing class as ward noted the study suggests not surprisingly that a systematic organized approach is the key t he study reveals not only the results of working harder but the specifics of working smarter the secrets to working smarter included note taking and note reviewing strategies how to divide one s time between researching drafting revising editing and proofreading how to research and read cases efficiently strategies for efficient time management techniques for organizing one s research and staying organized while writing and accessing the professor as a primary resource pitfalls to avoid included procrastination poor management of distractions and scapegoating professor enquist s paper is also available on ssrn com unlocking the secrets of highly successful legal writing students march 2007 posted by kierkegaard lives at 10 34 am 1 comments tuesday june 05 2007 update fordham symposium on judicial selection articles published this references a past post on here about a symposium on judicial selection that occurred in april 2006 at fordham law school in new york the articles concerning that symposium have now been published in the fordham urban law journal volume 34 dated january 2007 thanks to norman greene for leaving a comment to let us know see enotes listing of contents for 34 fordham urban law journal posted by kierkegaard lives at 8 09 am 0 comments brian leiter s new rankings of law school faculty citations professor brian leiter of university of texas austin school of law is in the midst of conducting a study to determine the top law schools based on citations to their law school faculty he has done this sort of ranking before see 2005 rankings for example in the 2005 results leiter indicated this is a ranking of the top 30 law faculties based on a standard objective measure of scholarly impact per capita citations to faculty scholarship we looked only at the top quarter of each faculty largely for logistical reasons it made the study more manageable but partly because the scholarly standing of a school depends more on its best faculty than its average on june 3 leiter posted the following bolding in the original on his law school reports blog over the summer i plan to carry out a new citation study and in the fall we may finally undertake a new on line reputational survey to that end we ve compiled draft lists of faculty for 49 law schools that appear likely to rank in the top 35 40 by these different measures we may add a few more faculties to the mix especially for purposes of a reputational survey the faculty lists include only academic faculty an effort has been made to exclude clinical adjunct and legal writing faculty since these studies will focus on scholarly output the ranking study will be per capita across the whole faculty since many have worried that by looking only at the top quarter of the faculty in the past produced distorted results because of one or two very highly cited faculty at certain schools e g chemerinsky at duke or delgado at pittsburgh leiter s call has generated some criticism which he has not handled particularly well specifically the decision to exclude all clinical and legal writing faculty from the study would seem to leave a gaping hole in the credibility of a study about which law school faculty is most oft cited when richard neumann of hofstra law for example pointed out the flawed methodology of completely ignoring all clinical and legal writing faculty leiter responded and referred to professor neumann as someone named richard neumann suggested that professor neumann has a chip on the shoulder and referred to professor neumann s comments as irrational and self serving never mind that professor neumann is nationally known has authored significant text books teaches both clinical and non clinical courses and is likely more recognizable in the community of law school faculty than leiter it s worth noting that leiter is also per his own request for input starting with a list of schools he expects to be the top schools so not only is he ignoring a potentially very large portion of highly cited legal scholarship by clinical and legal writing faculty at law schools he is further beginning with a list of schools he expects to be ranked at the top based in part on past studies that have also ignored significant legal scholarship and then he seems shocked when others point out the flaws in his basic premises it s worth noting that leiter does include part time and adjunct faculty in his evaluations such as judges posner and easterbrook at the university of chicago while again leaving out full time tenured or tenure tracked faculty in clincial and legal writing leiter seems to completely ignore the changing landscape of legal education clinical and legal writing faculty unlike as recently as 10 years ago are now increasingly tenured or tenure tracked and engage in every bit as meaningful scholarship on a variety of legal topics as non clinical faculty most clinical and legal writing faculty are now eligible for summer research grants and studies by the association of legal writing directors alwd indicates that there is a significant trend toward requiring legal scholarship of such faculty it is not difficult to find information about the growing impact of clinical and legal writing faculty in the world of scholarship peruse the sources in this post at the legal writing professors blog for some examples as a final matter it s worth noting some very basic reasons why leiter s study is flawed beyond the seemingly obvious fact that ignoring a significant number of law schools entirely and then ignoring a significant portion of the faculty at the schools that are considered casts doubt on the credibility of the survey results in the comments on leiter s blog dean stephen ellman of the new york law school commented in sum it is probably true that a citation survey of only non clinical faculty would measure the impact of the work of those who are in general the most likely to be the most active authors though not without some striking omissions and no doubt with the inclusion of a number of very unproductive classroom teachers but such a survey would miss not only the work of a sizable number of people who are genuinely and productively committed to scholarship by reason of professional obligation and personal inclination but also the impact of the institutional decisions that have concentrated these people at some schools rather than others it seems fair to add that the task of separating clinical and nonclinical faculty is itself so difficult that undertaking it is bound to generate errors along the way many clinicians of course have titles that are identical to those of their nonclinical colleagues and so they cannot be distinguished by title many also cannot be distinguished by contractual status since they hold full regular tenure in addition many clinicians do not teach only clinically suppose a clinical professor also teaches civil procedure and so his or her teaching time is 1 4 clinical 3 4 nonclinical would this professor count as a clinician what if his or her teaching load was half clinical and half nonclinical or 3 4 nonclinical and 1 4 clinical or suppose that the professor in question is initially a nonclinical faculty member but over time comes to spend a portion of his or her time teaching in a clinic which of these people and i think there are a lot of people who fit one or another of these models would count as clinicians and why i think that figuring out the right time share definition of clinician won t be simple but it s important also to keep in mind that formulating the definition may well be easier than collecting the data with which to apply it one other anomaly bears mentioning a failure to count citations to scholarship by clinicians will mean that citations to otherwise comparable works of scholarship perhaps appearing in the pages of the same law review issue will be counted or omitted depending solely on the identity of their author an issue of the journal of legal education for example might include articles on law school pedagogy by both clinical and nonclinical faculty but only citations to those written by the latter group would be counted clinicians it should be noted write on a great many topics a symposium on torts for instance might feature articles by clinicians and nonclinicians but again only those written by nonclinicians would be accounted for or to take one more example there may be instances where a clinician from one school and a nonclinician from another school co author a piece i m not speaking hypothetically since i know of a book that fits this description precisely citations to the book or article would be credited to the nonclinician and his or her school but not to the clinician and the school he or she taught at like most random law school rankings leiter s must be taken with a grain of salt leiter s failure to recognize the significant contributions that clinical and legal writing faculty make to legal scholarship at least with respect to a good number of schools i think you could look at mary beth beazley at ohio state as one example of a clinical legal writing scholar who is both highly published and very highly cited is reason enough to look at his results with a highly skeptical eye no matter how highly his own school might end up ranking in his study top 10 in 2005 by the way posted by kierkegaard lives at 6 59 am 0 comments wednesday april 18 2007 federal partial birth abortion ban upheld although i don t have time to provide any thoughts or analysis on the ruling other than to say it s a shame that precedent means so little to this supreme court than a simple change of one member means throwing out a very recent decision on identical issues i don t want to fall into a habit of not posting again just because i m busy so instead i ll point to the following other blogs which provide some insight analysis summaries etc of the recent scotus decision upholding the federal partial birth abortion ban acs blog breaking supreme court upholds abortion ban scotus blog court upholds federal abortion ban talkleft alito the chickens come home to roost althouse the federal partial bith abortion ban is upheld 4 19 07 update obviously there is a ton of information on the blawg o sphere about this decision here a couple of the more important followups acs blog wednesday roundup reproductive education acs blog justice ginsburg s summary of dissent 4 19 07 update 2 a couple of more important and valuable links about the decision how appealing with many external links included scotus blog commentary some consequences of carhart ii posted by kierkegaard lives at 12 43 pm 2 comments about me name kierkegaard lives location united states view my complete profile educate yourself about soren kierkegaard s philosophy you can contact me by leaving a comment to any post or by emailing me at imkierkegaard at yahoo dot com kierkegaard lives topic specific archives posts related to criminal law posts related to civil law posts related to misc law posts related to law practice posts related to commentary posts related to politics posts related to non law news posts related to humor posts related to other blawgs posts related to housekeeping other blogs to check out general legal news and commentary jurist wsj law blog wonkette live current la times op ed blawgs blog progressive law blogs aggregator american constitution society federalist society the legal reader may it please the court new infamy or praise talk left the politics of crime firedoglake legal underground overlawyered point of law talking points memo the washington note jonathan b wilson between lawyers i respectfully dissent legal fiction inactive scotus and appellate specific appellate law practice how appealing decision of the day scotus blog medill school of journal...