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The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
Comprehensive history of American legal education. Originally published: Chapel Hill: The University of North Carolina Press, [1983]. xvi, 334 pp. Law School: Legal Education in America from the 1850s to the 1980s examines legal education and its impact on the legal profession and the society it serves. This highly lauded work won a Certificate of Merit from the American Bar Association upon its original publication. Stevens' distinguished career in education and law includes his eight years as Master of Pembroke College, Oxford, seventeen-year term as professor of law at Yale University and nine-year term as president of Haverford College. Well-annotated and indexed, with a thorough bibliography. "the most comprehensive treatment of the subject." --LAWRENCE M. FRIEDMAN A History of American Law, Third Edition (2005) 589
This well-known 'underground' classic critique of legal education is available for the first time in book form. This edition contains commentary by leading legal educations.
This book explores the structure and regulation of the contemporary American legal profession. It introduces students to the rich empirical literature on the profession, teaching them about the profession's overall composition and organization as well as huge variation in the practice settings, types of work, and daily experiences of American lawyers and their clients. It describes powerful economic and cultural forces that are reshaping the legal profession, and it presents the most recent scholarship and commentary on new challenges for the legal profession posed by technology, litigation finance, globalization, access to justice, diversity, and changes to legal education. Suitable for seminars or courses on professional identity and the sociology of the legal profession, the book invites students to reflect on their place in the profession and how they will navigate the turbulent landscape to chart successful, rewarding and responsible careers in almost any type of practice today's law graduates might enter. This book presents materials and questions drawn from recent events highlighting professional ethics issues currently in the news, but it could supplement rather than replace materials on the law of professional responsibility. The book provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for advanced undergraduate or graduate courses, as well as first-year law students, but it also works very well for second and third year courses.
Clinical legal education has revolutionized legal education, from its deepest origins in the nineteenth century to its now-global reach.
John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Heavily classroom-tested by the authors and other instructors, this powerful teaching tool puts an emphasis on vocabulary and solid learning aids to introduce the American legal system to foreign law students. Focusing on constitutional law, the authors provide in-depth coverage of major issues such as the health care mandate, Arizona immigration law, the Defense of Marriage Act, affirmative action, the Supreme Court citation on international authority and more. The American Legal System for Foreign Lawyers uses contract law to show the continued development of common law and considers the role and function of judges, characterizing the differences between common and civil law. Other important issues are highlighted such as the differences between judicial review of legislation under constitutional challenge, judicial interpretation of statutes, and judicial development and application of common law contract and property law principles. Interesting cases and solid case-reading coverage combine with tables, graphical material, and glossaries to help students grasp United States law. Features of The American Legal System for Foreign Lawyers: Heavily class-room tested by the authors and other instructors In-depth coverage of major issues Health Care Mandate Arizona immigration law Defense of Marriage Act Absorption of the Second Amendment Affirmative Action Supreme Court citation on international authority Uses contract law to show continued development of common law Considers the role and function of judges, characterizing the differences between common and civil law Highlights important differences judicial review of legislation under constitutional challenge judicial interpretation of statutes judicial development and application of common law contract and property law principles Teaching and learning aids tables charts and graphical materials chapter and whole book glossaries Interesting cases and coverage of case-reading
An invaluable and fascinating resource, this carefully edited anthology presents recent writings by leading legal historians, many commissioned for this book, along with a wealth of related primary sources by John Adams, James Barr Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn, Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story, John Henry Wigmore and other distinguished contributors to American law. It is divided into nine sections: Teaching Books and Methods in the Lecture Hall, Examinations and Evaluations, Skills Courses, Students, Faculty, Scholarship, Deans and Administration, Accreditation and Association, and Technology and the Future. Contributors to this volume include Morris Cohen, Daniel R. Coquillette, Michael Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro. Steve Sheppard is the William Enfield Professor of Law, University of Arkansas School of Law.
This book makes the case for a more legally literate society and then addresses why and how a law school might contribute to achieving that. Moreover examining what public legal education (PLE) is and the forms it can take, the book looks specifically at the ways in which a law school can get involved, including whether that is as part of an academic, credit-bearing, course or as extra-curricular activity. Divided into five main chapters, the book first examines the nature of PLE and why its provision is so central to the functioning of modern society. Models of PLE are then set out ranging from face-to-face tuition to the use of hard-copy material, including the growing importance of e-based technology. One model of PLE that has proven to be very attractive to law schools – Street Law – is described and analysed in detail. The book then turns to look at the considerations for a law school wishing to incorporate PLE into its offerings be that as part of the formal curriculum or not. The subject of evaluation is then raised – how might we find out if what we do by way of PLE is effective and how it might be improved upon? The final chapter reaches conclusions, some penned by the book’s author and others drawn from key figures in the PLE movement. This book provides a thorough examination of PLE in a law school context and contains a set of templates that can be implemented and/or adapted for use as the situation and jurisdiction dictate. An accessible and compelling read, this book will be of interest to law students, legal academics, practising lawyers, community activists and all those interested in PLE.
There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.