Archive for November, 2012

November 25, 2012

Nelson Wins Derrick A. Bell Award

Janai Nelson

The AALS Section on Minority Groups has just announced that it has awarded the 2013 Derrick A. Bell Award to Janai S. Nelson.

The award is named in honor of Professor Derrick A. Bell, Jr.-the first tenured African-American on the Harvard Law School faculty (then at New York University Law School) honors a junior faculty member (defined as someone pre-tenure, who has served seven years or less in legal academia) who, through activism, mentoring, colleagueship, teaching and scholarship, has made an extraordinary contribution to legal education, the legal system or social justice.

Congratulations to Janai for this well-deserved award.

November 19, 2012

Faculty in the News

Jeff Sovern has a new op-ed in the Pittsburgh Post-Gazette on how infrequently purchasers invoke statutory cooling-off periods to rescind consumer transactions. The op-ed is based on Jeff’s recent paper, Written Notice of Cooling-Off Periods: A Forty-Year Natural Experiment in Illusory Consumer Protection and the Relative Effectiveness of Oral and Written Disclosures (available here).

Leonard Baynes was quoted in Communications Daily on minority ownership of radio and television stations. The article in not available online.

November 11, 2012

Baum on Juvenile Immigrants in the Court System

Jennifer Baum has co-authored with Alison Kamhi (Stanford) and C. Mario Russell (Catholic Charities, and an adjunct professor in our Immigrant and Refugee Rights Clinic) Most in Need But Least Served: Legal and Practical Barriers to Special Immigrant Juvenile Status for Federally Detained Minors. The article appears in the Family Court Review and can be downloaded here.

November 11, 2012

DeGirolami on The Punishment Jurist

Marc O. DeGirolami has a new piece on SSRN called The Punishment Jurist. It will be a chapter in a forthcoming Oxford University Press booked called Foundational Texts in Modern Criminal Law. Here is the abstract:

This is an essay on the critical history of the thought of the Victorian-era judge, Sir James Fitzjames Stephen. It discusses some of the themes in his major work, “The History of the Criminal Law of England.” And it reflects on a cluster of questions involving criminal punishment: whether Stephen had a “theory” of punishment; if not how best to characterize his thought; and whether his views and understanding of the aims and functions of punishment remain relevant. The essay explores Stephen’s positive and critical contributions, and it concludes that Stephen’s major insight was methodological. His view is that the reasons for punishment cannot be separated from the obligations and the nature of the judicial office. He was neither a punishment retributivist nor a punishment consequentialist, but a punishment jurist.

You can download the full piece here.

November 10, 2012

Patricia Grande Montana on Peer Review across the Curriculum

Professor of Legal Writing Patricia Grande Montana’s latest article, Peer Review across the Curriculum, has been accepted for publication in the Oregon Law Review. Here is the abstract:

This paper examines the Carnegie and Best Practices Reports’ recommendation that law schools devote more attention to helping students develop the professional skills they will need in practice and proposes peer review as an attractive option. 

 Peer review, the process in which law students critique each other’s written work, is a powerful tool to teach students the knowledge, skills, and values essential to becoming a competent and professional lawyer.  Through peer review, students improve their legal writing and analysis, enhance their editing skills, learn to cooperate with others, manage and evaluate constructive criticism, and develop a deeper appreciation of audience, among other things.  For professors, it is an opportunity to assess their students’ performance and provide additional, useful feedback on their understanding of the legal doctrine and competence in legal analysis and writing.

 As writing and professional skills instruction throughout the law school curriculum, not just in writing and skills courses, becomes more prevalent, law professors will need to find new and innovative ways to help their students achieve practical proficiency in the skills needed for legal practice.  This paper explores peer review as one effective way.

The paper is not yet available on SSRN.

November 7, 2012

Data on the Fall Law Review Cycle

PrawsBlawg has some interesting (albeit limited) submission data for the fall law review cycle. As we see in other contexts where there is perceived to be a first-mover advantage (e.g., clerkship hiring), submissions and selections have moved forward in time. Based on a sample of one law review (BYU), it looks like the bulk of submissions are occurring in mid to late August. Given the common practice of simultaneous multiple submissions, there is no reason to believe that other law reviews are seeing a substantially different pattern. You should keep this in mind if you are working on an article next summer.

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