Digital Commons Network^™

Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia Gipson Rankin

Faculty Scholarship

This article fills a critical gap in the family law literature by arguing that teaching doctrinal family law in conjunction with the application of established learning theory and pedagogy yields a deeper engagement with the subject matter and leads to more practice-ready lawyers. ABA Standards 301, 303, and 304 do not clearly articulate the distinction between experiential education and experiential learning; doctrinal law classrooms are often bereft of experiential learning activities. By incorporating active learning and inclusive pedagogy in the doctrinal classroom and following recommendations from the MacCrate Report and Family Law Education Reform Project, students will be better prepared …

Rhetoric, Referential Communication, And The Novice Writer, Barbara P. Blumenfeld

Faculty Scholarship

Classical rhetoric is integral to teaching legal writing, and this essay argues that its use must be enhanced with audience awareness. This is so rhetoric can be successfully applied to teaching and the practice of legal writing.

This essay begins with a very brief overview of the relationship of rhetoric to legal writing and how audience awareness is a key factor in both. This overview leads to a definition of two distinct tasks that must be incorporated into the writing process: first, learning about and understanding specific audiences; second, learning how to implement writing that works for that audience.

A …

Teaching, Thinking, And The Legal Creative Process, Barbara P. Blumenfeld

Faculty Scholarship

The author asks how we can teach student how to think as she reflects on how many students with excellent basic writing skills were not fully developing the reasoning before writing their paper.

Part One of this essay formulates the creative process necessary for developing good legal analysis, arguments, and documents, and suggests its encouragement by non-result oriented teaching. Part Two explains a class the author designed, which succeeds, at least in part, in bringing thinking to the surface for study and discussion.

Can Havruta Style Learning Be A Best Practice In Law School?, Barbara P. Blumenfeld

Faculty Scholarship

Havruta is a traditional Jewish method that seems compatible with legal education because of its focus on process, and so adaptable to law school training in legal reasoning, and because it is based upon dispute and resolution, another aspect that corresponds with the study of law. A unique form of collaborative student centered learning involving pairs of students, this article considers the application of Havruta to the law school setting and whether it should be incorporated into the law school curriculum.

A Photographer's Guide To Legal Writing, Barbara P. Blumenfeld

Faculty Scholarship

The author recounts a photography course that taught the three keys to an effective photograph: determining theme, focusing attention on char theme, and simplifying. This article adapts these three keys to legal writing to teach and remind writers of the necessary components of an effective legal document. This method provides a new way to look at old teachings.