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At its best, a J.D. should be a thinking degree. Law school should prepare students not just to practice, but to problem-solve; not just to litigate, but to lead. A legal education should supply graduates with sharp analytics, institutional judgment, and a wide range of literacies.
- Introduction
- Multivalent Beliefs
- Radical Models
- Plaintiff/Defendant Asymmetries
Standards of proof are a simple concept, unless you stop to think about them. At the least, the law is quite clear in stating standards. Here is a pattern civil jury instruction: Plaintiff has the burden in a civil action, such as this, to prove every essential element of plaintiff’s claim by a preponderance of the evidence. If plaintiff should fai...
One must begin by locating the topic of standards of proof within the subject of factfinding. As the very first step, “fact” can include anything that a court, other institution, or a person subjects to a proof process in order to establish what to treat as truth. The subject includes not only yes-or-no facts but also vague and normative terms like...
Most, but not all,123 people who think seriously about this topic realize that traditional probability conflicts with the standards of proof.124 Accordingly, many have proposed a rethinking of the topic that would allow us to live with the accepted paradoxes, puzzles, and problems that accompany traditional probability.125 They try to circumvent th...
I cannot conclude that radical reconception and reform of the standards of proof are unnecessary simply because the multivalent-belief model avoids the difficulties of traditional probability theory in producing accurate results. Other theorists attack the law’s standards on the grounds of fundamental fairness as a process value. They argue that th...
Jul 30, 2022 · This Essay argues that to prepare future lawyers to build a more equitable, inclusive, and just profession, law schools must first relinquish three things: the faculty caste system and the distinction between doctrine and skills that it reflects; high-stakes, summative exams; and the curve.
Dec 1, 2020 · Legal reform in this case requires the objectionable suspension of the demand for epistemic justice, for African law to assume its proper place as “law equal to any law anywhere on our planet Earth”.
- Foluke Adebisi
- 2020
Oct 26, 2017 · Like law itself, law schools have the capacity to retain traditions and to enable change, to protect reliance on past practices and laws and also to inspire reform. Harvard Law School’s bicentennial follows what can be described as three periods of legal education and over a century devoted to debate and rational argument across an expanding ...
Aug 21, 2021 · One theme of all three reports—and many other recent publications and commentary—is that legal education must do better on access, affordability, and innovation. Despite general agreement that reform is needed, change is too slow and halting, in part because law schools face structural barriers that frustrate reform efforts.
People also ask
Do law schools need reform?
Why is law school reform so slow?
Why did the ABA convene a legal education conference?
Do standards of proof work if there is a probabilistic overlay?
Do academics understand the standards of proof?
Do law's standards of proof need a reform?
Feb 4, 2021 · After outlining our understanding of vulnerability theory and summarising what we believe are some of the ills of a neoliberal law school, this paper argues that vulnerability theory allows us to reframe our thinking about academic labour and law schools on a theoretical level.
