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Ben Madison

Professor and Co-Director of the Center for Ethical Formation & Legal Education Reform

    Assistant Professor Ching

benjmad@regent.edu
757.352.4586

Biography
Fields
Scholarly Publications
Scholarly Presentations and Conferences

Curriculum Vitae pdf
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J.D., College of William & Mary; Managing Editor, William & Mary Law Review, 1984-85. 

M.A., College of William & Mary.  

B.A., Randolph-Macon College. 

Biography

Professor Madison teaches Civil Procedure and Pretrial Practice and Procedure. His pretrial practice casebook, Civil Procedure for All States: A Context and Practice Casebook (2012), has drawn praise as one of the first casebooks designed according to the recommendations of the Carnegie Institute in its groundbreaking work, Educating Lawyers (2007). 

Educating Tomorrow’s Lawyers, an initiative of the Institute for the Advancement of the Legal Profession, elected Professor Madison a Fellow as a result of his casebook and efforts to improve legal education. Professor Madison was also selected to be a contributing author in the forthcoming Building on Best Practices in Legal Education, a book that evaluates methods to implement the recommendations of the Carnegie study. 

Professor Madison was on the New Law Teachers’ Committee for the Southeastern Association of Law Schools 2013 Conference and will present there on the steps in designing an effective course. 

Professor Madison —along with Professor L.O. Natt Gantt—led the formation and now co-direct the Center for Ethical Formation and Legal Education Reform.  The Center began a mentorship program in the 2012-13 academic year in which first-year law students are paired with judges or lawyers to assist in allowing students to probe those outside of law school with experience in ethical challenges. The Center also organizes presentations, Continuing Legal Education seminars, and workshops focused on the importance of developing ethical boundaries as a professional, and the degree to which that will affect one’s sense of integrity and fulfillment. 

In addition to the casebook and forthcoming Building on Best Practice in Legal Education, Professor Madison has written and continues to write articles on improving legal education.  As a former litigation partner in the law firm of Hunton & Williams, a past bar association president, a long-time member of the James-Kent Inn of Court, and someone who in practice devoted thousands of hours to pro bono cases, Professor Madison brings his diverse experience into both teaching and, in particular, into his exploration with students of the scenarios that test lawyers’ ethical values and—he believes—determine the degree to which they find satisfaction in the legal field.

Fields

Civil Procedure, Torts, Appellate Advocacy, State Procedure

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Scholarly Publications

CIVIL PROCEDURE FOR ALL STATES: A Context and Practice Casebook (Carolina Academic Press 2010).

Color-Blind: Procedure’s Quiet But Crucial Role in Achieving Racial Justice, 78 UMKC L. Rev. 617 (Spring 2010). PDF

The Military Commission Act of 2006: An Unnecessary Scheme for Second-Class Justice or an Essential Means To Prosecute People Who Otherwise Would Escape Accountability?, 55 Naval L. Rev. 213 (2008). PDF

The Elephant in Law School Classrooms: Overuse of the Socratic Method as an Obstacle to Teaching Modern Law Students, 85 U. DET. MERCY L. REV. 293 (2008). PDF

Trial by Jury or by Military Tribunal for Accused Terrorist Detainees Facing the Death Penalty? An Examination of Principles that Transcend the U.S. Constitution, 17 U. FLA. J. L. & PUB. POLICY 347 (2006). PDF

Rico, Judicial Activism, and the Roots of Separation of Powers, 43 BRANDEIS L.J. 29 (2005). PDF

Appeals to the Court of Appeals and the Supreme Court of Virginia, Ch. 2 in APPELLATE PRACTICE: VIRGINIA AND FEDERAL COURTS (Virginia CLE Foundation 5th ed. 2012)

The Implications of Presuming Reliance in Class Action Litigation, CLASS ACTION LITIGATION Vol. I, No. 15 (BNA 2000).

Looking for a Sign on Trade Dress, INTELLECTUAL PROPERTY (Legal Times 2000) (co-authored with Scott Thompson, Esq.).

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Scholarly Presentations and Conferences

"Pedagogical Choice in Teaching Civil Procedure", Southeastern Association of Law Schools 2012 Conference, Amelia Island, FL

"Choices in Course Design and Teaching Methods", Southeastern Association of Law Schools 2012 Conference, Amelia Island, FL.

"Challenging Law Students to Identify Their Values and How They Will Have These Tested in Practice--An Example of Integrating Professional Identity and Value Formation in a Doctrinal Course,"  Southeastern Association of Law Schools, Aug. 25, 2011, Hilton Head, SC

"Integrating Teaching of Professional and Moral Identity throughout Law School," presentation for annual Southeastern Association of Law Schools Conference, August 3, 2010, Palm Beach, FL.

"Integrating Teaching of Professional and Moral Identity throughout Law School," presentation for American Association of Law Schools Mid-Year Meeting Workshop, June 11, 2010, NY, NY.

Ten of the Most Common Ethics Traps for Lawyers, Jan. 16, 2008, at meeting of the James Kent Inn of Court, Norfolk, VA.

How New Law Faculty Can Serve as a Catalyst for Change, Jan. 4, 2008, at Conference of the American Association of Law Schools, New York, NY.

Responding to the Diverse Learning Styles of Law Students, August 2, 2007, at    Conference of the Southeastern Association of Law Schools, Amelia Island, FL.

Electronic Discovery:  The 2006 Amendments to the Federal Rules of Civil Procedure, April 17, 2007, Bench-Bar Conference of the Norfolk-Portsmouth Bar Association, Norfolk, VA.

The Christian Law Practice , Moderator of this program at Christian Pre-Law Advisors' Conference, March 4, 2006, Founders Inn, Virginia Beach, VA.

Bringing Virginia Procedure into the Twenty-First Century: A Review of the Recent Overhaul of Virginia Procedure Designed to Merge Law and Equity, Continuing Legal Education Program sponsored by Virginia Beach Bar Association, March, 2, 2006, Contemporary Arts Center, Virginia Beach, VA.

Highlights of the Merger of Law and Equity in Virginia , Presentation to James Kent Inn of Court, February 15, 2006, Marriott, Norfolk, Virginia

Challenges to Lawyers in Conducting Discovery under the Federal Rules of Civil Procedure , Presentation to James Kent Inn of Court, January 18, 2006, Walter E. Hoffman United States Courthouse, Norfolk, VA.

Should Accused Terrorist Detainees, Facing the Death Penalty, Receive Trial by Jury or by Military Tribunal? An Examination of Principles that Transcend the Constitution, paper to be presented at Southeastern Association of Law Schools Annual Conference, July 31, 2004, Kiawah Island, South Carolina.

How to Get Your Appeal to a Decision on the Merits: The Steps to Perfecting an Appeal and Traps That Ensnare the Unwary, presentation in May 2004 at Richmond, Virginia and at Tyson's Corner, Virginia (and at various other locations by videotape) for Virginia CLE.

Some Biblical Foundations of Constitutional Separation of Powers , presentation in February 2004 to Christian Pre-Law Advisors Conference of 2004, Virginia Beach, Virginia, February 19, 2004.

Practicing in the "Rocket Docket": Jurisdiction and Prefiling Considerations, presentation in Norfolk, Virginia in spring 2002 for Virginia CLE.

Appellate Practice -- Perfecting the Appeal to the Virginia Court of Appeals and Virginia Supreme Court, presentation in May 2001 at Richmond, Virginia and at Tyson's Corner, Virginia (and at various other locations by videotape) for Virginia CLE.

Timely and Important Issues in Federal Court Practice: Jurisdiction and Prefiling Considerations , presentation in Norfolk, Virginia in spring 1998, for Virginia CLE.

Recent Changes to Federal Rules of Civil Procedure , paper distributed in Norfolk, Virginia in March 1996 at CLE Seminar sponsored by Federal Bar Association, Tidewater Chapter.

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