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More dialogue over law school cost and curriculum

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Tucked along the hallway in Biolchini Hall of the University of Notre Dame Law School is an office that reflects the new focus – and the new struggle – of legal education. It is the Office of Career Development with a sleek interior of sliding doors, computers and conference rooms, and it is designed to help students get jobs once they get their law degrees.

Retired Indiana Supreme Court Chief Justice Randall Shepard noted the necessity of making a concentrated effort to find employment at a time when the job market is tight and the loan debt is high. Addressing Notre Dame law students during the Clynes Chair Lecture in the McCartan Courtroom, he offered words of reassurance.

ndshepard-15col.jpg Notre Dame 2L Chris Stewart (left) and Associate Dean Mark McKenna (center) listen to retired Chief Justice Randall Shepard. (Photo courtesy Susan Good)

“I don’t doubt for a minute that there are valuable employment opportunities for most people who want to become a lawyer,” Shepard said. “If you find yourself getting across a series of hurdles that law school and the bar exam present, you will, more often than the critics say, have the chance to be a lawyer somewhere doing something.”

Shepard’s remarks on Sept. 25 were his first public comments since the American Bar Association’s Task Force on the Future of Legal Education

released its draft report five days earlier. He is the chair of the committee which has been reviewing the quality of education offered at U.S. law schools and is making recommendations for change.

Notre Dame Law School, which laid the cornerstone to Biolchini Hall in 1930, has spent the past several years thinking about how the curriculum and classroom work has to adjust to meet today’s demands; what skills and competencies students should acquire; and what values they should hold once they become attorneys.

According to Associate Dean for Faculty Research and Development Mark McKenna, the conversations have been hard but beneficial and important to do. Along with reaffirming what the South Bend school does well, the review has highlighted the things that can be done better.

Notre Dame concluded the externship program was one area it needed to improve, McKenna said. Many professors incorporate hands-on activities into their classrooms, but placing students in a workplace where they can apply what they have learned in law school was not happening enough.

The law school has worked to strengthen the externship program by increasing the number opportunities along with providing time for students to think about how the coursework links to their work on the job.

“So you’re trying to take students who have learned a subject matter and then put them in a practice environment where they have to make use of that. Both reinforce what they learned in the classroom, but then it also helps them understand the context that you can’t necessarily get from the pages of a book,” McKenna said.

In the draft report, the task force asserts a key to fixing the current problems in legal education is changing the culture of law schools to become more innovative. The Shepard committee calls for fostering more experimentation by law schools and expanding the opportunities for experiential learning with the end goal of better preparing students for the practice of law.

Shepard told the Notre Dame faculty and students that the model of legal education that has been in place has served the country well. He disputed critics who claim law schools are forced through a meat grinder that makes them all the same. Law schools, he said, occupy all kinds of intellectual niches, geographical objectives and they choose a different mix of faculty and curriculum. They are not cookie cutter institutions.

However, he continued, they are highly regulated. And while the schools say these practices are a sound way to organize instruction and they would implement them regardless of whether the accreditation standards required them to or not, there should be room for innovation.

“Our proposal is in the draft report, that the accreditation system ought not only empower people who have a solid plan that varies from (convention) but to actually invite people to come in with more dramatic options,” Shepard said. “Oblige them to describe why this might be a better system, oblige them to describe how we will know whether it’s better or not … and then let everybody take a look at it and see whether maybe that could be more widely embraced.”

Cost and, in particular, the way law schools fund legal education is another main focus of the task force’s report. Shepard reiterated that under the current system of merit-based scholarships, the students with the best chance of getting a job are accorded a discounted tuition through scholarship but the students who are less qualified do not get as much financial assistance and have to borrow more to pay for their education.

Echoing Shepard’s observation, McKenna said it is nearly impossible for a law school to “unilaterally disarm the way” it funds itself. The problem has gotten worse, McKenna said, as states have cut funding to state-supported schools and thereby shrunk the best way of getting a legal education, especially for students who have a greater need for financial help.

“If (states adequately funded their schools), that would take a lot of the pressure off some of those schools to finance their school entirely through tuition,” McKenna said. “Then, if their price point came down a lot, it wouldn’t be as pressing to figure out how you allocated the tuition dollars. Now, I don’t want to pretend like tuition would come down enough that it would still not be a burden, but it would at least take some of the pressure off of doing that.”

To help Notre Dame students manage debt, in 2001 the law school started the Loan Repayment Assistance Program aimed at covering the education loans of law graduates who go into lower-paying public service or non-profit work.

The repayment program not only eases the financial burden, McKenna said, it widens the job market by giving students the option of working in government or charitable organizations. By putting more lawyers in legal services, this helps tackle the conundrum in the job market of law graduates going without jobs while many non-lawyers are going without legal assistance because they can’t afford it, he said.

McKenna advocated for law schools to get their students thinking more broadly in terms of job opportunities and beyond the prestige firms, but he conceded that can increase the financial burden on the school. The funding mechanism depends on tuition as well as philanthropy so, McKenna said, “you need some students making a lot of money when they get out in order to fuel the machine.”

Among the collection of faculty and students listening to Shepard’s lecture was Geoffrey Bennett, who brought a fresh perspective to the ongoing debate over American legal education. Bennett is an English barrister and the director of the law school’s London Law Programme.

In the United Kingdom, the solicitor and barrister law degrees are taught at the undergraduate level and include a year of apprenticeship. Also, students who have completed their college studies in a different discipline can add a one-year graduate course in law where they are taught the core subjects and are then able to sit for professional exams.

Once they graduate, students trained as solicitors mostly join law firms while barristers mostly open their own offices and, until recently, had to be self-employed.

Bennett was hesitant to detail what American law schools could learn from the UK legal education system, but he did point to law being a post-graduate subject in the U.S. rather than something taught at the undergraduate level. He speculated that adds enormous expense and students coming from college are not functioning at a higher cognitive level because they often do not have any knowledge of law that they can then build on in law school. They start their legal studies from scratch.

“So I think that strikes many of us in the UK as being a colossal extra expense to qualify as a lawyer,” Bennett said. “I think there’s a lot you can say about British lawyers, but I don’t think anyone is able to suggest that they are technically worse than their American counterparts, so it seems to work.”•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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