bepress Legal Repository
Not a member yet
645042 research outputs found
Sort by
Collaborative Creac Drafting: Co-Creating an Example in Context
The quickest way to a student’s mind is through engagement. As legal writing professors, we can assign pages on how to organize an analysis, provide helpful examples, and orally describe the process. However, some students need a more hands-on approach. In this article, I explain my process of actively engaging students to draft their first CREAC together. By collaboratively working together to assemble this ungraded CREAC over a series of classes, the students develop an understanding of how to properly organize their analysis of a discrete issue based on the assigned facts and law. For each part of the CREAC we draft in class, the students are directed to apply their newfound knowledge to tackling the memorandum’s remaining CREACs on their own. The results of this teaching technique are clearer expectations, increased self-confidence, and higher quality work product
True Group LLC v. Espada
In this nonpayment proceeding, the tenant moved for summary judgment dismissing the petition on the grounds that the building lacked a valid certificate of occupancy in violation of the Multiple Dwelling Law (MDL). The court granted the tenant\u27s motion after finding that, although the building predated certificate of occupancy requirements, substantial alterations converting class B units to class A apartments necessitated a new certificate per MDL § 301. Despite the landlord\u27s claims of compliance with laws during renovations, it failed to refute an open HPD violation requiring legalization and a new certificate or provide any evidence of a valid, even temporary, certificate covering the rental period. Citing precedent, the court held that without a certificate, the nonpayment proceeding was barred by MDL § 302, even if the tenant\u27s unit was not one newly created. As the landlord did not raise a triable issue countering the MDL violations shown, summary judgment dismissing the petition was warranted
And the Results Are in … Reviewing the Results of the First Year Larc Research Exam Wherein Some of the Questions Were Redesigned to Meet the Expectations of the Next Gen Bar Exam Format
In 2010, the faculty of St. Louis University School of Law implemented a research exam to test student competencies after their first year of law school. Since its creation, the exam has helped students feel more secure starting their first legal internships, allowed faculty to identify areas of decreased competency, and helped faculty find “better” ways to teach legal research and writing material. In anticipation of the implementation of the NextGen Bar exam in July 2026, the faculty determined that it was necessary to make some changes to the research exam in order to both gather data on students’ responses to the new question styles as well as expose students to the new question formatting. Professor Chris Rollins utilized NCBE materials and Missouri case law to craft a set of NextGen Bar Exam questions that then appeared in the research exam.
There are several takeaways from the student data for the NextGen Bar questions that appeared on the research exam. First, students must employ critical reading skills and concept retention when they encounter the progression of questions rolled out for any given fact pattern, as they are currently expected to do on the MPT section of the Bar exam. Second, students need a strong handle on time management in order to succeed with these questions. Third, faculty must help students learn how to spot multiple correct answers instead of searching for a singular correct answer. Lastly, students need more opportunities to connect concepts from different class subjects. There are more and more resources available to help address these needs, and with proper planning, faculty can help students succeed with the NextGen Bar requirements
Flattening the Learning Curve for International J.D. Students
Non-U.S. lawyers entering U.S. law schools in accelerated J.D. degree programs (known as the “AJD” – Advanced Juris Doctor Program at Arizona Law) face particular challenges adapting to 1L legal research, analysis, and communication classes. First, English is not the typical lingua franca for AJD students, many of whom come from civil law countries and are faced with the challenge of learning legal writing methods for an American common-law legal system. Second, AJD students earn a U.S. J.D. degree in only two years because these accelerated programs give one year of “credit” for their non-U.S. law degrees. As a consequence, many of these students do not have enough time to master the strong legal research and writing skills that are foundational to academic and bar success. Some of the AJDs floundered in Arizona Law’s fast-paced, mandatory year-long writing course.
To respond to this problem, Arizona Law created the Introduction to Lawyering Skills (“ILS”) course. ILS was designed to provide a successful, scaffolded “on-ramp” to ensure greater academic success for the AJDs who most need an additional year of legal writing, analysis, and communication course work.
This article recounts why we saw the need for ILS, how we created the learning objectives and curriculum, how students were selected for enrollment, and how we addressed expected (and unexpected) challenges along the way. Finally, it argues that a specialized course for certain AJD students not only helps better prepare them to meet the academic rigors of their other law classes and the bar exam, but it also has the side benefit of better connecting the students to a law school’s community and culture
Pitt Law Faculty 1994-95
Photograph of the University of Pittsburgh School of Law Faculty for the 1994-95 academic year.https://scholarship.law.pitt.edu/pitt-law-faculty-photographs-group/1012/thumbnail.jp
The New Gender Perspective: The Dawn of Intersectional Autonomy in Women’s Rights
International human rights jurisprudence has increasingly mandated state action which integrates a gender perspective, taking into consideration the discriminatory norms, harmful social practices, stereotypes, and violence that women have and still suffer. A range of supranational bodies have issued case decisions promoting the adoption of gender-sensitive legislation, policies, programs, and the establishment of administration of justice systems well-trained and equipped to address women’s rights violations.
This article discusses how the conception of this gender perspective has evolved over time and is now centered on the pursuit of autonomy for women. Autonomy is presented as a key ingredient to ensure due respect for women’s self-direction, agency, and dignity. This evolving approach is a move towards intersectional autonomy, which advances the notion that women should be the sole architects of their life plans, based on their identities and different experiences, and meaningfully participate in their societies. Creating the conditions for free and informed choices underpins current women’s rights jurisprudence. This is a break from historical notions of human rights protection solely focused on women as victims, as members of a homogenous group, and a limited binary perspective to their rights. This article discusses illustrative decisions of this tendency from the European Court of Human Rights, the Inter-American Commission and Court of Human Rights, the United Nations Committee on the Elimination of Discrimination against Women, and the United Nations Human Rights Committee, among other bodies.
This article further proposes that intersectional autonomy is treated and interpreted in the future in international jurisprudence as a right, with independent content, offering guidance to states on needed laws, policies, programs, and services at the local and national levels. This human rights development is presented as essential for international law standards concerning women to be impactful and truly transformative at the national level. This article analyzes the main elements of the right of women to intersectional autonomy, and states’ negative and positive obligations in its fulfillment.
The author is currently pursuing a line of research exploring contemporary understandings of the international human rights of women, and how existing legal standards should evolve based on modern scenarios and realities. This article represents a contribution to this line of scholarship. It aims to increase understanding of the connection of the concepts of intersectional discrimination and autonomy, how they can be analyzed by global and regional human rights jurisprudence, and their promise to enhance effectiveness in international law concerning women
Climate Rights in Brazil and the United States: A Convergence in Contrasts
This Article offers three quick takeaways. First is the utility of rights-based approaches to climate change. As evidence of climate change grows, international and domestic law are rushing to keep pace. ...
Second is the value of borrowing. Courts look and listen to other courts. As the political processes at both domestic and international levels have failed to protect against climate change, whether by action or inaction, a growing number of courts—led by those in Brazil, the United States, and elsewhere—have tried to catalyze more robust and effective government responses. ...
Last is implementation. Without a strategy for operationalizing these legal tools, they are pointless. ...
(Abstract consists of excerpts from the article\u27s Conclusion.