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Full-Text Articles in Law

The Seventh Letter And The Socratic Method, Sherman J. Clark Oct 2015

The Seventh Letter And The Socratic Method, Sherman J. Clark

University of Michigan Journal of Law Reform Caveat

Law teachers use the phrase “Socratic method” loosely to refer to various methods of questioning students in class rather than merely lecturing to them. The merits of such teaching have been the subject of spirited and even bitter debate. It can be perceived as not only inefficient but also unnecessarily combative—even potentially abusive. Although it is clear that some critics are excoriating the least defensible versions of what has been called the Socratic method, I do not attempt to canvas or adjudicate that debate in this brief essay. Rather, I hope to add to the conversation by looking to a …


Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark Oct 2015

Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark

University of Michigan Journal of Law Reform Caveat

In this essay, I argue that law schools should continue to encourage and support wide-ranging legal scholarship, even if much of it does not seem to be of immediate use to the legal profession. I do not emphasize the relatively obvious point that scholarship is a process through which we study the law so that we can ultimately make useful contributions. Here, rather, I make two more-subtle points. First, legal academics ought to question the priorities of the legal profession, rather than merely take those priorities as given. We ought to serve as Socratic gadflies—challenging rather than merely mirroring regnant …


Peggy Radin, Mentor Extraordinaire, R. Anthony Reese Oct 2015

Peggy Radin, Mentor Extraordinaire, R. Anthony Reese

Michigan Telecommunications & Technology Law Review

I write to celebrate Peggy Radin’s contributions to the legal academy in her role as a mentor. I know that others will speak to her significant scholarly achievements and important contributions across several fields. I want to pay tribute to the substantial time and energy that Peggy has devoted over the course of her career to mentoring students and young academics. I was extremely fortunate to have had a handful of mentors who helped me become a law professor. (I am also extremely fortunate that some of those mentors became generous senior colleagues who occasionally continue to help me navigate …


The Socratic Method And The Mathematical Heuristic Of George Pólya, Robert J. Rhee Sep 2015

The Socratic Method And The Mathematical Heuristic Of George Pólya, Robert J. Rhee

Robert Rhee

A number of commentators have observed the decline of the Socratic method. This is unfortunate as the Socratic method can be an effective teaching tool. But this article recognizes that the Socratic method can be monochromatic. This article argues that the Socratic method should not be conceived simply as a method to teach analytic skills. Rather, once learned, it can be a concrete analytic tool for the students to use without the help of professors. In other words, it is an end to itself rather than a means. To do this, we can adopt George Polya's heuristic for teaching mathematical …


Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan Sep 2015

Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan

Robert Rhee

The remarks by Professor Rhee "The Stand Alone Course Approach to Teaching Business Ethics," Professor Morgan "Teaching Business Ethics in Transactional Skills Courses: An Integrated Approach," and Professors Tamar Frankel and Mark Fagan "Teaching Business Ethics: A Collaborative Approach" were made at the conference on "Transactional Education: What's Next?" held at Emory University School of Law, June 4, 2010.


Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn Jun 2015

Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn

Steven D. Schwinn

In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses. They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …


Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone Apr 2015

Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone

Michele R. Pistone

1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers the …


Wanting To Do More But Bound To Do Less: A Law Librarian's Dilemma, Paul Jerome Mclaughlin Jr. Apr 2015

Wanting To Do More But Bound To Do Less: A Law Librarian's Dilemma, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

The role of the law librarian has changed from managing the contents of a library’s collection of books to knowing how to find information sources located around the world contained in a variety of formats, taking part in instruction, and participating in networking activities. Law librarians are constrained by legal and professional codes. If they are cautious, law librarians can assist, instruct, and reach out to public patrons and students while operating within the professional guidelines that govern them.


Conveying The Merits Of Print Sources To The Google Generation, Paul Jerome Mclaughlin Jr. Jan 2015

Conveying The Merits Of Print Sources To The Google Generation, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

No abstract provided.


Function, Form, And Strawberries: Subverting Langdell, Jeremiah A. Ho Jan 2015

Function, Form, And Strawberries: Subverting Langdell, Jeremiah A. Ho

Faculty Publications

Beyond this Part I Introduction, Part II will briefly summarize why the Langdell tradition is at heart a learning model that intrinsically marginalizes active learning and exalts only a limited experience of skills teaching and acquisition and will conclude that the Langdellian tradition creates a hierarchy that juxtaposes knowledge of legal doctrine over skills. Part III will demonstrate a method for law teachers to incorporate skills teaching actively in the classroom, and do so in a way that legitimizes legal reasoning skills and elevates the teaching and learning of skills. Hopefully, as the Conclusion points out, the new normative in …


Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert M. Linz Jan 2015

Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert M. Linz

Publications

This article describes a method of research analysis and planning for legal problems. It introduces the framework of research plan, log, and product and provides a detailed research plan and log that students can use as a template for learning research. The article suggests how to teach the method in legal research classes, shares some of the author's experiences in teaching the method, and addresses some possible criticisms of this approach.


Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison Jan 2015

Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison

Articles

Legal educators today grapple with the changing dynamics of legal employment markets; the evolution of technologies and business models driving changes to the legal profession; and the economics of operating – and attending – a law school. Accrediting organizations and practitioners pressure law schools to prepare new lawyers both to be ready to practice and to be ready for an ever-fluid career path. From the standpoint of law schools in general and any one law school in particular, constraints and limitations surround us. Adaptation through innovation is the order of the day.

How, when, and in what direction should innovation …


A Message From Your Body: Dream The Answer, Jalae Ulicki Dec 2014

A Message From Your Body: Dream The Answer, Jalae Ulicki

Jalae Ulicki

So, you are sitting in class and listening to the professor’s lecture and pretty soon the professor’s voice starts droning on and on and you find yourself nodding off…your brain activity has started slowing down and you find your body muscles relaxing. As the class disappears around you, you have now entered the first stage of sleep from which you can easily be awakened. Suddenly, you hear your name being called by the professor and you jerk wide awake (called a myclonic jerk) and you ask the professor “Could you please repeat the question?”