David Cleveland

David R. Cleveland

Visiting Professor of the Practice of Law

Specialization(s)

Lawyering Process

Professional Biography

David Cleveland is a classically trained educator who has taught at the high school, college, and law school levels. He is also an experienced litigator and accomplished scholar, specializing in legal writing, legal ethics, and federal court reform issues. He has been teaching legal research, writing, and analysis in law schools since 2005. Over the years, David’s teaching has included in-person, online, and hybrid instruction. He has taught a variety of J.D. courses including first-year legal writing, upper-level appellate advocacy, legal ethics, administrative law research, and gaming law seminars. He has also taught masters of law courses on federalism issues and business organizations. David is first and foremost an energetic and innovative teacher. He is also a devoted advisor to students, often serving as a co-curricular or academic advisor and as a supervising professor for independent scholarly research. David Cleveland holds a J.D. from Georgetown University Law Center and a B.A. from the College of Education at Western Michigan University.

David is also a nationally recognized expert in federal court structure and reform and a leader in the legal writing community. His widely cited scholarship includes works on federal court reform, legal writing pedagogy and history, and discrimination law. He has served in a variety of leadership roles in the legal writing community, including as a member of the board of the Association of Legal Writing Directors.

David has a history of service and leadership in the law school setting having previously been a Dean, Associate Dean, and Legal Writing Director. In 2017, David was awarded the Jack A. Hiller Distinguished Faculty Award for excellence in teaching, scholarship, and service and in 2020 he was selected for the Legal Writing Institute’s rarely-given Terri LeClercq Courage Award. David lives in Valparaiso, Indiana with his wife and their two adorable dogs, though he will be relocating to Denver for the school year and is excited about teaching at DU.

View CV

Degree(s)

Georgetown University Law Center, J.D., 2002
University of Michigan Law School, Visiting J.D. Student, 2001-2002
Western Michigan University, B.A., College of Education, magna cum laude, 1998
Carl & Winifred Lee Honors College, Honors Graduate, 1998

Job History

Current
Visiting Professor, University of Denver Sturm College of Law, 2020-
Professor of Law, Valparaiso University, 2015-


Past
Dean, Valparaiso University Law School, 2018-20
Interim Dean, Graduate School and Continuing Education, Valparaiso University 2020
Associate Dean for Academic Affairs, Valparaiso University Law School, 2016-2018
Associate Professor of Law, Valparaiso University Law School, 2012-2015
Professor of Law, Nova Southeastern University, Shepard Broad Law Center, 2011-2012

Associate Professor of Law, Nova Southeastern University, Shepard Broad Law Center, 2009-2011
Assistant Professor of Law, Nova Southeastern University, Shepard Broad Law Center, 2005-2009
Intern Teacher, Kalamazoo Central High School, Kalamazoo, MI, Spring Semester 1998

Instructor, English Dept., Western Michigan University, Kalamazoo, MI, Fall Semester 1997

Featured Publications

Law Review Works

Tribute to Valparaiso University Law School: The Dean’s Comment, 53 Valparaiso University Law Review 833 (2020)

Introduction to Leslie W. Abramson’s Article, Recusal Motions: Who Judges the Judges?, 53 Valparaiso University Law Review 1083 (2020)

Book Review: Gambling Under the Swastika, 10 UNLV Gaming Law Journal 283 (2020)

Legal Writing: A History From the End of the Civil War to the 1930s, 24 Leg, Writing 81 (2020) (co-authored with Jeffrey D. Jackson)

Appellate Court Rules Governing Publication, Citation, and Precedential Value of Opinions: An Update, 16 J. App. Prac. & Process 101 (2016)

Discrimination Law’s Dirty Secret: The Equal Opportunity Sexual Harasser Loophole, 58 How. L.J. 5 (2015)

Legal Writing: A History: From the Colonial Era to the End of the Civil War, 19 Leg. Writing 191 (2015) (co-authored with Jeffrey D. Jackson)

Post-Crisis Reconsideration of Federal Court Reform, 61 Clev. St. L. Rev. 47 (2013)

The Decline of Oral Argument in the Federal Appellate Courts: A Modest Proposal for Reform, 13 J. App. Prac. & Process 119 (2012) (co-authored with Steven Wisotsky)

Precedent and Justice, 49 Duq. L. Rev. 35 (2011) (co-authored with William D. Bader)

Clarion Call or Sturm und Drang: A Response to Pierre Schlag’s Spam Jurisprudence, 35 Nova.L.Rev. 503 (2011)

Clear as Mud: How the Uncertain Precedential Status of Unpublished Opinions Muddles Qualified Immunity Determinations, 65 U. Miami L. Rev. 45 (2010)

Local Rules in the Wake of Federal Rule of Appellate Procedure 32.1, 11 J. App. Prac. & Process 19 (2010)

Draining the Morass: Ending the Jurisprudentially Unsound Unpublication System, 92 Marq. L. Rev. 685 (2009)

Overturning the Last Stone: The Final Step in Returning Precedential Status to All Opinions, 10 J. App. Prac. & Process 61 (2009)

The Ermine and Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, and Other Judicial Figures,” Note, 14 Geo. J. Legal Ethics 1037 (2002) (co-authored with Jason Masimore)

Book Chapters

Pedagogical Methods in Legal Research and Writing Courses (co-authored with Olympia Duhart). In: ABA Sourcebook on Legal Writing (3rd ed. 2020), pp. 189-224

American Legal Education: A History of Integrated Instruction (co-authored with Jeffrey D. Jackson). In: The Doctrine-Skills Divide, Linda Edwards (Carolina Academic Press, 2017), pp. 277-294


Other

Appellate Advocacy Blog (Founder/managing editor, 2013-16; Founder emeritus, 2016-) (various posts)

Dean Cleveland on Valparaiso University’s Final Days, Res Gestae, Vol. 63, Issue 9, May 2020

The Perils of Non-Precedential Opinions, Daily Journal, Op-Ed, February 25, 2015

ABA Promulgates Formal Ethics Opinion on Lawyer Websites, AALS Professional Responsibility Newsletter, Fall 2010

Indiscriminate Harasser Liability under Title VII: A Pair of LRW Brief Writing Problems, Legal Writing Institute Idea Bank 2010

High Tech Covenants Not to Compete in Arkansas Law: Three LRW Objective Memo Problems, Legal Writing Institute Idea Bank 2010

Dr. Bloom Goes to Law School, Second Draft, Vol. 25, Issue 1, Fall 2010

Publicizing Your Scholarship, AALS New Law Professors Section Newsletter, Dec. 2009

Title IX Sexual Harassment by a Student Coach: LRW Problems, LWI Idea Bank 2007

Covenants Not to Compete for Dog Trainers in Pennsylvania Law: A Series of Three LRW Memo Problems, Legal Writing Institute Idea Bank 2007

BarCharts, Professional Responsibility 2007-10

Performances

“The History of Legal Writing Part III: Modern Programs Take Shape,” Legal Writing Institute Biennial Conference 2018, July 14, 2018 (with Jeffrey D. Jackson)

“A Response to the ABA Future of Legal Services Report,” Akron University Law School, Miller-Becker Center for Professional Responsibility Lecture, April 21, 2017


"The History of Legal Writing, Part II: The Genesis of the Modern Legal Writing Program," at the Legal Writing Institute Biennial Conference, July 13, 2016

“Professionalism for 1Ls: The Start of Professional Identities as Lawyers,” Sixth Annual Capital Area Legal Writing Conference, March 12, 2016

“The Death of the Common Law,” Professorial Lecture, Valparaiso University, January 21, 2016

“Radical Restructuring: A Skill-Driven 1L Curriculum,” ALWD Biennial, June 5, 2015 (with Susan Stuart, Ruth Vance, and Steven Probst)

“Exercises and Activities for Legal Analysis,” Valparaiso Law Faculty Lunch and Learn, January 14, 2015

“The History of Moot Courts in the Early American Law School,” LWI Moot Court Conference, October 25, 2014 (with Jeffrey D. Jackson)

“The Early History of Legal Writing: Where We Came From and How We Got Here,”
Legal Writing Institute Biennial Conference, July 1, 2014 (with Jeffrey D. Jackson)

“Legal Writing Instruction in America: An Interesting (and Instructive?) History” Capital Area Legal Writing Conference, March 1, 2014

“Student Generated Rubrics: A Tool for Metacognition and Building Student Confidence” Rocky Mountain Legal Writing Conference, March 22, 2013

“Increasing Student Reflection and Buy-In with Student-Generated Rubrics” Third Annual Capital Area Legal Writing Conference, March 1, 2013

“Building a Community of Learners in the LRW Classroom” Rocky Mountain Legal Writing Conference, March 24, 2012

“Live Critiquing: Individual Conferencing Meets Formative Assessment” Second Annual Capital Area Legal Writing Conference, March 10, 2012

“Dr. Strangeread: How I Learned to Stop Worrying and Love Live Critiquing,” Rocky Mountain Legal Writing Conference, March 25, 2011

“Professional Responsibility in the Legal Writing Classroom,” Capital Area Legal Writing Conference, February 25, 2011

“(Not So) New Ideas on Federal Court Reform Options,” Southeastern Association of Law Schools Conference, August 1, 2010

“New Ideas about the Design of Appellate Courts,” Southeastern Association of Law Schools Conference, August 1, 2010 (moderator)

“Empire or Quagmire?” Stetson’s Virtual Writing Conference: Annual Scholarship Highlights in Legal Communication, April 29, 2010

“Unpublished Opinions for Beginners” Rocky Mountain Legal Writing Conference, March 19-20, 2010

“Clarion Call or Sturm und Drang: A Response to Pierre Schlag’s Lecture on the State of Legal Scholarship” NSU Faculty Symposium, March 12, 2010

“Unclearly Established: How Unpublished Opinions Muddle Qualified Immunity Determinations” Florida Junior Faculty Forum, Stetson Law School, November 15, 2008

“Ending the Era of Unprecedential Precedents” Southeastern Association of Law Schools Conference, August 1, 2008

“Teaching about the Changing Value of Unpublished Opinions” Rocky Mountain Legal Writing Conference, March 21-22, 2008

“F.R.A.P. 32.1 and Unpublished Opinions Issues” NSU Faculty Table Talk, Nov. 19, 2007


“Overturning the Last Stone: Taking The Final Step in Returning Precedential Status to All Opinions” Florida Junior Faculty Forum, Stetson Law School, November 2, 2007

Awards

Legal Writing Institute’s Terri LeClercq Courage Award, 2020
            (Legal Writing Institute’s rarely awarded recognition of personal, moral, and civic courage)


Jack A. Hiller Distinguished Faculty Award, 2017
            (Valparaiso Law School’s professor of the year award for teaching, scholarship, and service)


Knaus-Burnham Award, 1998
            (WMU History Department’s award for excellence in scholarship, research, and writing.)


Margaret Macmillan Writing Award, 1997
            (WMU History Department’s highest honor for undergraduate research and writing.)

Phi Alpha Theta Regional History Conference Presentation Certificate
            (For presentation of original professional research and writing.)


WMU Excellence Award Scholarship, 1994-1998