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Full-Text Articles in Law

Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli Jan 2012

Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

At least since the 1960s, a “‘two cultures’ phenomenon” has become quite apparent within the legal field in the United States. On one hand, some lawyers, usually those within the university, have been more academically oriented, and, on the other hand, other lawyers, usually those in legal practice or sitting on the bench, have been more pragmatically oriented. Problems arise when these two groups begin to talk differently from each other. In a way, the field of law has developed into at least two different legal professions, and, not surprisingly, scholars and practitioners have experienced tension because of this situation. …


Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli Jan 2012

Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

Prior research has sketched out a picture in which, at least since 1960 and continuing to the present, advocates of the differing personae, or roles, of the U.S. law professor have been sharply divided over such personae. Lawyers have advocated two major personae for the law professor to perform. One major persona is that of the scholar, who is a full-time teacher, researcher, and sometimes public servant, but who often has limited practical experience. The other major persona is that of the practitioner, who has a substantial number of years of practice at the bar and is prepared for hands-on …


On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main Jan 2012

On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main

Scholarly Works

No abstract provided.


Academic Sailers: The Ford Foundation And The Efforts To Shape Legal Education In Africa, 1957-1977, Jayanth K. Krishnan Jan 2012

Academic Sailers: The Ford Foundation And The Efforts To Shape Legal Education In Africa, 1957-1977, Jayanth K. Krishnan

Articles by Maurer Faculty

This study examines a major law-and-development project in Africa undertaken by the New York-based Ford Foundation in the decades following the Second World War. By the 1960s, many countries in Africa freed themselves of colonial rule, and Ford eagerly sought to assist these newly emerging states in the nation-building process. One area towards which Ford contributed considerable resources was legal education. Labeling its program ‘SAILER’ – or the Staffing of African Institutions of Legal Education and Research – Ford engaged in a range of initiatives, including sending American lawyers to teach in several different African countries and bringing Africans to …


Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr. Jan 2012

Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.

Faculty Publications

In the wake of two momentous critiques of legal education, popularly known as the “Carnegie Report” and “Best Practices,” law schools are reconsidering certain basic assumptions about how we educate future lawyers. Even the most forward-thinking reformers, however, struggle with the details of how to implement many of the recommendations of those reports. Providing more formative assessment, for instance, is a laudable objective but one that has serious ramifications in terms of resource expenditures. This article seeks to provide a remedy for many of these struggles: “Academic Support Across the Curriculum.” This piece argues that the reconceptualization of an under-leveraged …


Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver Jan 2012

Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver

Articles by Maurer Faculty

No abstract provided.


A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer Jan 2012

A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer

Faculty Works

This article introduces a clinical systems approach that reframes professional experience as an interaction with a professional environment. The article encourages clinical faculty and other legal educators to contemplate the pedagogy of systemic interaction when teaching from experience and to then expand professional interactive opportunities within the short period of student participation. Clinical systems theory operates on the premise that students should reframe how they look at their surroundings so that the challenges that make up their professional system are not seen as problems but as means to a solution. Reframing by the student is realized in a clinical system …


Teaching Professional Skills And Values: An Alumni Assessment, Stephen Gerst, Maria Bahr Dec 2011

Teaching Professional Skills And Values: An Alumni Assessment, Stephen Gerst, Maria Bahr

Stephen A Gerst

No abstract provided.


States Side Story: Career Paths Of International Ll.M. Students, Or “I Like To Be In America”, Carole Silver Dec 2011

States Side Story: Career Paths Of International Ll.M. Students, Or “I Like To Be In America”, Carole Silver

Carole Silver

This Article draws on an empirical study of the careers of international law graduates who earned an LL.M. in the United States, and considers the role of a U.S. LL.M. as a path for building a legal career in the United States. It identifies the institutional, political, and economic forces that present challenges to graduates who attempt to stay in the United States. While U.S. law schools prize the international diversity of their graduate students, this study reveals that the U.S. legal profession is most accessible to international students from English-speaking common law countries, whose language and background allow them …


It's All About The People: Personal Jurisdiction, Lord Of The Rings And Classroom Community In Civil Procedure I, Jennifer E. Spreng Dec 2011

It's All About The People: Personal Jurisdiction, Lord Of The Rings And Classroom Community In Civil Procedure I, Jennifer E. Spreng

Jennifer E Spreng

This article describes my ongoing experiments with “learning communities” and “spiral curricula” in my Civil Procedure I classes, as influenced by my eight years as a sole practitioner in Western Kentucky. Despite endorsement from many education theorists and classroom teachers and potential effectiveness in combating student disaffection, neither has made more than the shallowest dent in legal education. “Classroom community” implies a less stratified and more culturally respectful education experience that is more rewarding, more honorable and more likely to be urban law school graduates’ professional future. Spiral curriculum design facilitates analytical depth that leads to a sense of the …


Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli Dec 2011

Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Carlo A. Pedrioli

Prior research has sketched out a picture in which, at least since 1960 and continuing to the present, advocates of the differing personae, or roles, of the U.S. law professor have been sharply divided over such personae. Lawyers have advocated two major personae for the law professor to perform. One major persona is that of the scholar, who is a full-time teacher, researcher, and sometimes public servant, but who often has limited practical experience. The other major persona is that of the practitioner, who has a substantial number of years of practice at the bar and is prepared for hands-on …


Accomplishing Your Scholarly Agenda While Maximizing Students’ Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway Dec 2011

Accomplishing Your Scholarly Agenda While Maximizing Students’ Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway

Anna P. Hemingway

In response to the demands of prospective law students, pressure from outside law organizations, and forces from within the legal academy, law schools are offering more skills training for students and more job security for Legal Methods professors. As a result, Legal Methods professors’ primary responsibilities in the legal academy are changing from a single focus of teaching to a dual focus of teaching and scholarship. Although the changes are welcomed, the task of producing scholarship remains especially difficult for Legal Methods professors because in many instances they still lack the necessary funding and time to fulfill this new obligation. …