Monthly Archives: November 2011

The Urgency of Now–Why We Need to Stop Fighting about Climate Change and Get Serious about Energy Transition

The United Nations Framework Convention Convention on Climate Change has begun its annual conference of the parties in Durban. From the start, the news is depressing, and as Lesley McAlister noted in her blog, has a bit of a deja vu quality, and not in a good way. The Chief Economist of the International Energy Agency, Fatih Birol, indicated that we’re on track for 6 degrees of warming by 2100 if we don’t change our energy use patterns. Meanwhile, Canada, which is failing to meet its Kyoto Protocol commitments, has announced it won’t sign on for another commitment period. While there are many nuanced negotiations going on regarding many important issues, which small groups of people fully understand, the progress on some of these topics since last year’s Cancun negotiations does not address the fundamental problem: we are nowhere any kind of big picture solution to this problem. This is why the soon-to-be-released casebook I’m writing with Lesley McAlister ends with major climate change and geo-engineering as it’s two primary scenarios, and asks our students to try to get us to an alternative future.

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More Response to the New York Times Critique of Legal Education

I actually don’t think we need a major reconfiguration. Clinics are extremely expensive. Extern programs are very often problematic. I would be satisfied if each and every law school teacher would include practice components in every course taught with the possible exception of con law. Every legal principle discussed should be followed with a discussion of how the principle is implemented in the real world. In addition, there should be an advanced course in the curriculum that focuses on practice aspects for each substantive discipline. Finally, I think recruitment committees and faculties as a whole should be reeducated to value practice in the candidate pool and the willingness of candidates to not only teach practice but to get involved in school service that exposes students to practice and helps students make career choices. Continue reading

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Law School is Not Project Runway

I love Project Runway, Work of Art, and Top Chef. Each of these shows uses a similar formula. Challenge ambitious, technically skilled, designers, artists, or chefs with creative tasks without enough time to thoughtfully complete them, forcing them to take shortcuts, and then judge their clothes, paintings, or dishes on their results not how they got there. Contestants get a mid-course critique from someone like Tim Gunn, Simon de Pury, or Tom Colicchio but mostly it’s taking the technical skills of the craft and then having the confidence to “make it work.” Mistakes that are made affect the way a dress falls, a sculpture engages, or a meal tastes. No one is evicted or jailed if a mistake is made. They are just “out.”

Elizabeth who has worked for SALT as my assistant for three years is now a full time graduate student getting a master’s degree in landscape architecture. She still works at SALT on Fridays, and last week over our fish tacos at “Bubba’s Burrito Bar” she described how her program works. As she described grad school, we shared an “ah ha” moment. Every week new projects get thrown at her without enough time or instruction as to technique—designing environments and building models to illustrate them. “It’s just like Project Runway!” Never enough time, feeling like she is winging everything, and relying on self-discovering new technical skills as she goes along.

There are some who believe this is the way we should teach law in the future because it is cheaper than the current models. It’s not so easy. Unlike tailoring, artistry, culinary arts, or landscape architecture, lawyering requires a true understanding of the structures of government and regulation; an ability to interact with people, technology, and systems, like bureaucracies and complex regulatory environments; and an ethical and professional value system that insists on rigor, integrity, and courage in the face of authority. Continue reading

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In Response to David Segal in The New York Times

I think the major problem with David Segal’s November 19, 2011 article in The New York Times, like much of what has been written in the vein lately, is that the perspective is way too narrowly on the large law firms and the elite law schools. While many law schools follow the lead of the elites, many also do not, but most of the schools who do not follow the model as closely are the lower ranked schools. The large law firms could solve some of their problems by recruiting at law schools that actually do produce practice ready graduates. USNews is also a big factor and could change the ranking formula to account for practice ready curriculum and teaching excellence. I realize that there has been a trickle down effect in the legal job market so that all new graduates are likely to find themselves competing with more experienced lawyers for any openings, but that is likely a very short term effect, and many of the newly unemployed former associates from large firms will find that they actually did not get much useful transferable experience during the first couple of years at those firms. Continue reading

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Are the American Psychological Association’s Detainee Interrogation Policies Ethical and Effective? Key Claims, Documents, and Results

“The devastating events of 9-11 brought a tangle of complex issues, dangerous realities, and hard choices.

To help meet these challenges, the United States began interrogating detainees.

The interrogation settings included the Abu Ghraib Prison in Iraq, the Detention Center at Bagram Airbase in Afghanistan, and Camps Delta, Iguana, and X-Ray at Guantanamo Bay Naval Base.

The American Psychological Association (APA) played a key role in supporting detainee interrogations and highlighted psychologists’ contributions to this aspect of national security.

For example, APA submitted a statement on psychology and interrogations to the US Senate Select Committee on Intelligence explaining that “psychologists have important contributions to make in eliciting information that can be used to prevent violence and protect our nation’s security”; that “conducting an interrogation is inherently a psychological endeavor”; and that “psychology is central to this process” (American Psychological Association, 2007b).

U.S. officials also saw a central role for psychologists: “Pentagon officials said . . . they would try to use only psychologists, not psychiatrists, to help interrogators devise strategies to get information from detainees at places like Guantanamo Bay, Cuba. The new policy follows by little more than two weeks an overwhelming vote by the American Psychiatric Association discouraging its members from participating in those efforts” (Lewis, 2006).

APA promoted support for its interrogation policies in its press releases, its journals, its web site, its Internet lists, its conventions, the APA Monitor on Psychology, and other venues. Continue reading

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An American Oligarchy?

by andré douglas pond cummings America’s middle class is disappearing.  The emergence of Occupy Wall Street highlights a growing oligarchy in American society.  An oligarchy is defined by Merriam-Webster as “a government in which a small group exercises control especially … Continue reading

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More History of the Regulation of Legal Education So That We Understand Where We Are and How We Got Here

The first rule of persuasion is to choose when to begin a story. All of this talk about deregulation of legal education and the practice of law as being good for everyone needs some historical context. (This talk sounds dangerously like it was manufactured by the U.S. Chamber of Commerce). I started that examination last week when I posted Deregulation is Just Another Word for … . Today I am moving deeper into history to help us understand how the legal profession became a profession. It’s not a pretty story, because it happened here in the United States: a radical, young, immature, racist, and intolerant place that has always had a hard time living up to its aspirations.

Looking back to the time when the American Bar Association—ABA—first began to influence legal education, I am once again heavily relying on the scholarship of Robert Stevens, Law School: Legal Education in America from the 1850s to the 1980s (University of North Carolina Press 1983). Continue reading

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