Law Commons^™

Corporations Hybrid: A Covid Case Study On Innovation In Business Law Pedagogy, Seth C. Oranburg, David D. Tamasy

Law Faculty Scholarship

A worldwide pandemic is forcing schools to close their doors. Yet the need to teach students remains. How can faculty – especially those who are not trained in technology-mediated teaching – maintain educational continuity? This Essay provides some suggestions and relatively quick and easy strategies for distance education in this time of coronavirus. While it is written from the perspective of teaching law school, it can be applied to teaching other humanities such as philosophy, literature, religion, political theory, and other subjects that do not easily lend themselves to charts, graphs, figures, and diagrams. This Essay includes an introductory technology …

Distance Education In The Time Of Coronavirus: Quick And Easy Strategies For Professors, Seth C. Oranburg

Law Faculty Scholarship

This essay, written by a law professor and a student teaching assistant, shares suggestions intended to increase student engagement and improve learning outcomes by creating and using digital teaching assets effectively. The essay briefly summarizes the literature on traditional and online law school pedagogy and then explains the Hybrid Corporation class we taught during the Spring 2020 COVID-19 emergency. We report on what worked well in our real-world classroom environment and what worked when we had to shift totally to an online delivery format. We found that good videos are critical, and we explain why and how we created what …

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.

Legal Education Unbundled (And Rebundled), Megan Carpenter

Law Faculty Scholarship

This essay calls for an unbundling of legal education, much like the kind of unbundling we have seen in the cable, music, and print news media. It suggests that the standard legal education "bundle"-the generalized JD-is just one of many forms of legal education that can be packaged appropriately for today's legal education market needs.

Teaching And Assessing Soft Skills, Sophie M. Sparrow

Law Faculty Scholarship

[excerpt from article] It is our job as legal educators to put our law graduates in the best position to succeed as new lawyers.1 And to succeed, law graduates must possess certain qualities or character traits that will enable them to thrive within legal organizations.2 Despite many calls for reform in legal education to include more practice-related skills, including professionalism, many law professors teaching doctrinal courses are reluctant to incorporate teaching professional competencies and behaviors.3 They are unwilling to do so even though they have long decried students’ lack of professional skills.4 Professors complain that students show up late for …

Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi

Law Faculty Scholarship

[Excerpt] The UNH School of Law Intellectual Property Library celebrates its twentieth anniversary this year. It is a fortuitous time for this look back and for strategic considerations for the future. This anniversary comes at a time in the history of legal education when conditions over the past few years have intensified the analysis of mission and resources for law school libraries. This article is a retrospective review of the history and dynamics surrounding the founding and first twenty years of growth. It is also an analysis of the future growth and mission of the IP Library during times that …

Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg

Law Faculty Scholarship

At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the topic. This …

A Little Birdie Said, Seth C. Oranburg

Law Faculty Scholarship

Shareholders are organizing and mobilizing on new social media platforms like Twitter. This changes the dynamics of shareholder proxy contests in ways that favor shareholders over management. Disruptive technology may bring about a shareholder revolution, which may not be in shareholders’ best interests, at least from the perspective of shareholder wealth maximization, and it also has powerful implications for the future of corporate social responsibility.

Ip Basics: Advice On Ip Careers For Those Without Technical Backgrounds, Thomas G. Field Jr.

Law Faculty Scholarship

[Excerpt] If you can spend three more years in school, intellectual property offers a wide range of interesting and rewarding careers. Those without technical backgrounds, however, should not pursue an intellectual property career blindly. Unless your undergraduate degree is in a physical science or engineering -- or you have at least a masters (and probably some experience) in biotechnology, patent opportunities will be slim. As discussed in more detail below, people without technical training are more apt to deal with copyrights, trademarks and special contracts such as licenses or franchise agreements. Yet intellectual property law covering non-technical subjects is often …

Ip Basics: Advice On Ip Careers For Those With Technical Backgrounds, Thomas G. Field Jr.

Law Faculty Scholarship

[Excerpt] Full-time law school takes three years and culminates in the Juris Doctor. A J.D. from a school accredited by the American Bar Association qualifies a person to take the bar exam in any state. As mentioned above, college graduates need not pursue any particular line of study to be accepted into law school. At the University of New Hampshire School of Law, for example, over a third of our students have degrees in engineering or science, and many have had extensive experience or advanced degrees, including M.D.s and Ph.Ds. -- the last being particularly helpful for biotechnology patent careers.

Professor Thomas G. Field, Jr.: Pioneer In Intellectual Property Education, Teacher, Mentor, And Scholar, Jon R. Cavicchi

Law Faculty Scholarship

It is almost an impossible endeavor to summarize the forty plus year career of Thomas G. Field, Jr. Regarding this inquiry, Field might say, "If you want to know what I have done, look at my C. V. on the web!" His ten page, single-spaced "Abbreviated Curriculum Vitae" only sets the factual stage for the incredible career that spanned the entire life of the University of New Hampshire School of Law ("UNH School of Law" or "UNH Law"). The real story is only told by Field himself, his contemporaries, colleagues, and the thousands of students whose life he touched. This …

University Of New Hampshire School Of Law Library, Susan Drisko Zago

Law Faculty Scholarship

Review of The University of New Hampshire School of Law Library, Concord, NH.

Team-Based Learning In Law, Sophie M. Sparrow, Margaret Sova Mccabe

Law Faculty Scholarship

Used for over thirty years in a wide variety of fields, Team-Based Learning is a powerful teaching strategy that improves student learning. Used effectively, it enables students to actively engage in applying legal concepts in every class -- without sacrificing coverage. Because this teaching strategy has been used in classes with over 200 students, it also provides an efficient and affordable way to provide significant learning. Based on the principles of instructional design, Team-Based Learning has built-in student accountability, promotes independent student preparation, and fosters professional skills. This article provides an overview of Team-Based Learning, reasons to adopt this teaching …

Can They Work Well On A Team? Assessing Students' Collaborative Skills, Sophie M. Sparrow

Law Faculty Scholarship

[Excerpt] "Among the many critiques of legal education are criticisms that law students do not graduate with effective emotional intelligence skills-in particular, they have not learned to work well with others. Working with others is an important legal skill; and as law practice increasingly relies on collaboration among lawyers, legal staff, clients, and other individuals, so have legal employers raised the demand for effective collaborative skills among law students and recent graduates.

This essay will focus on ways to engage students in collaborating and assessing that collaboration effectively. Students' interpersonal collaborative skills can be effectively taught and assessed in large …

Using Individual And Group Multiple-Choice Quizzes To Deepen Students' Learning, Sophie M. Sparrow

Law Faculty Scholarship

For years, I was highly skeptical about using multiple-choice questions to assess law students' learning.' Clients, after all, do not ask lawyers to solve multiple-choice problems. I have realized, however, that multiple-choice quizzes can be a highly effective technique to include in any doctrinal class. Well-designed multiple-choice quizzes can help students in any size class learn foundational doctrine, provide feedback to teachers and students, develop students' interpersonal skills, and prepare students for the bar exam. Having used multiple-choice quizzes in first year and upper-level courses for several years, I now value multiple-choice quizzes as an effective first step in preparing …

Practice Writing: Responding To The Needs Of The Bench And Bar In First-Year Writing Programs, Amy Vorenberg, Margaret Sova Mccabe

Law Faculty Scholarship

Do first year legal writing programs really prepare law students for the rigors of practice writing? This article begins to answer this question based on attorney and judge survey results, as well as interviews with judges who had also read student work in preparation for their interview. We found that while legal writing programs do provide a good foundation for legal writing skills, improvement can be made. Important changes that we have made at Pierce Law include shorter, more frequent assignments, variation/flexibility in choice of organizational paradigm, understanding the difference between settled and unsettled areas of law, and increased emphasis …

What Helps Law Professors Develop As Teachers? -- An Empirical Study, Gerald F. Hess, Sophie M. Sparrow

Law Faculty Scholarship

The overall goal of this article is to provide concrete suggestions for how law schools can improve teaching and enrich law student learning. In doing so, it reviews and analyzes the data collected from two national surveys about the kinds of faculty development activities that are most effective in improving law professors’ teaching. One survey was designed to quantify how many law teachers engaged in twenty-two types of teaching development activities over the previous five years and to assess the effectiveness of each of those activities. The other survey focused on the effectiveness of a national conference on teaching and …

When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow

Law Faculty Scholarship

[Introduction]: Intellectual property law courses offer law professors the opportunity to teach a subject area rich with complicated statutory and court-made doctrines about which students do not usually have strong or extensively delineated moral views. I It also gives everyone in the classroom a refreshing break from the traditional partisanship of political party politics. Identification as a Democrat or Republican does not provide too much guidance or create too many expectations about a person's views of intellectual property issues, freeing classroom debates from the constrictions that political loyalties impose in so many other contexts.

Lexis V. Westlaw For Research - Better, Different, Or Same And The Qwerty Effect?, Jon R. Cavicchi

Law Faculty Scholarship

There are synchronistic moments when in the process of writing. While contemplating this article, an email message made its way to my desk, past Pierce Law Center's spam firewall with the following subject line: "Pepsi v. Coke-Tell Us--Get $10." Do IP researchers choose Lexis or Westlaw justified by taste? Surely you jest, some voice said to me. Repressing this message, I proceeded to compare platform content, perform literature searches, and poll students and IP professors.

Yet another synchronistic moment came as the email from those taking the poll steamed into my email. Many IP professors indicated that they made the …

Practicing Civility In The Legal Writing Course: Helping Law Students Learn Professionalism, Sophie M. Sparrow

Law Faculty Scholarship

This Article suggests some concrete ways to teach civility— one component of professionalism—to law students. Professionalism certainly includes much more than civility, incorporating the concepts of ethics, morals, public service, life-long learning, personal integrity, professional identity, and a commitment to selfdevelopment. This Article begins with a brief overview of civility in Part I. Part II provides a few of the many arguments for why we should teach law students to be civil. Part III explores some concrete ways in which we can teach civility within individual classes, using the dynamics of student engagement in the classroom as an opportunity to …

Ip And The Global Public Interest: Challenges And Opportunities, Jon R. Cavicchi, Stanley P. Kowalski

Law Faculty Scholarship

[Excerpt from article] Intellectual property (IP) capacity is essential for economic development, particularly as countries transition into the higher technology sectors, for example biotechnology. For developing countries, a commitment to minimal IP rights protection will determine inclusion in the World Trade Organization (WTO), facilitate access to foreign-direct investment, and accelerate economic development. However, on a more fundamental level, capacity in IP management will affect whether a country can provide basic health and nutritional needs for its citizens. For example, sustainable food security presents a serious challenge in many developing countries; as their economies rapidly emerge, urban centers expand, arable land …

Intellectual Property Research: From The Dustiest Law Book To The Most Far Off Database, Jon R. Cavicchi

Law Faculty Scholarship

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled hundreds of reference and research questions as well as working on countless projects requiring IP information. So I have been faced with challenges and …

Trademark Searching Tools And Strategies: Questions For The New Millennium, Jon R. Cavicchi

Law Faculty Scholarship

The intent of this discussion is to raise questions about trademark searching which will be discussed in future issues of IDEA. I will lead you through the questions raised by my journey through primarily legal literature in treatises and periodicals on the Lexis and Westlaw platforms.

Keeping Up To Date With Ip News Services And Blogs: Drowning In A Sea Of Sameness?, Jon R. Cavicchi

Law Faculty Scholarship

It seems like so many IP related Websites you visit invite you to join their free email list to keep you up to date. Sources span a wide spectrum including governmental organizations, non-governmental organizations, educational institutions, consulting services, law firms, commercial publishers and more. These sources span the spectrum from free, to low fee to premium pricing. With all of this information overload and choices, how do you differentiate and choose news sources?

The goals of this article are twofold. Goal one is to present a survey of types and categories of IP news tools available to IP researchers. Since …

Secondary Sources: Top Ten, Susan Drisko Zago

Law Faculty Scholarship

Secondary sources are a legal researcher's best friend. They are a great place to begin researching a new topic as they provide a framework for understanding the subject. Not only will a good secondary source provide researchers with a way of approaching the topic, but it will also introduce beginning researchers to the language of the subject. Secondary sources also contain expert analysis, references to primary law such as cases, statutes, and regulations, and will also include such other resources as governmental reports, statistics, and other secondary sources. While secondary sources are an incredibly valuable research tool, they can offer …

A National Tax Bar: An End To The Attorney-Accountant Tax Turf War, Katherine D. Black, Stephen T. Black

Law Faculty Scholarship

Although current case law is divided regarding when an accountant is practicing law, this Article will explore different approaches to this problem. Specifically, Part II of this Article explores which entities control the regulation of the legal profession. Next, Part III examines the impact of the state courts on the issue of unauthorized legal practice. Part IV touches on the related issue of privilege and the treatment of attorney-client privilege in the context of tax practice. Further, Part V considers whether tax practice should be considered the practice of law, and Part VI of this Article examines the legal profession's …

Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi

Law Faculty Scholarship

Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce Law. Pierce Law President and Dean, John Hutson summed up what many members of the Pierce Law community …

Describing The Ball: Improve Teaching By Using Rubrics - Explicit Grading Criteria, Sophie M. Sparrow

Law Faculty Scholarship

Assessment is crucial to effective teaching and learning. Carnegie's Educating Lawyers and Roy Stuckey's Best Practices for Legal Education emphasize the importance of assessment. This article explains how detailed, written grading criteria describing what students should learn and how they will be evaluated should be a central part of law teachers' assessment plans. The article details how rubrics can improve law student learning, and contains both detailed, step-by-step directions on creating rubrics and examples of rubrics from many different law school courses.

Notice Students' Similarities - Not Differences [With Previous Generations], Sophie M. Sparrow

Law Faculty Scholarship

This article discusses one law professor’s successful teaching strategies for strengthening the analytical and writing skills of her students.

Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow

Law Faculty Scholarship

Studies show that learners master new material more effectively when it builds upon what they already know. By revisiting assignments from a previous semester, students can focus their efforts on persuading, rather than learning new doctrine or facts. Turning a predictive discussion into a persuasive argument demonstrates that making an argument requires the same rigorous thinking as predicting a result. One way to do this is to assign students to write an argument based on their fall Civil Procedure exam.