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Full-Text Articles in Law

Risks And Rewards Of Externships: Exploring Goals And Methods, Linda F. Smith, Jeff Giddings, Leah Wortham Jan 2017

Risks And Rewards Of Externships: Exploring Goals And Methods, Linda F. Smith, Jeff Giddings, Leah Wortham

Utah Law Faculty Scholarship

This article explored the risks and rewards of designing and teaching in an externship program, the goals one might have, and the methods one might use. We have argued that it is important to pay attention to the principles of intentional design when developing an externship program. In particular, we have identified and challenged the assumption that skills development must be the predominant goal for externships. This is a common assumption on the part of legal education regulators in our respective home countries, the USA and Australia, as well as in England and Wales. Skills development can, but does not …


Get Real: Why And How Clinicians Should Record, Transcribe And Study Actual Client Consultations, Linda F. Smith Jan 2017

Get Real: Why And How Clinicians Should Record, Transcribe And Study Actual Client Consultations, Linda F. Smith

Utah Law Faculty Scholarship

This article will argue that the legal academy has much to learn by recording, transcribing and systematically studying student-client and attorney-client consultations. Clinical faculty can utilize conversation analysis and other social science techniques to do this. Social scientists and medical providers have studied doctor-patient conversations in this way over many years. Through this systematic study researchers have reached conclusions about effective doctor-patient consultations that form the basis for teaching these skills in medical school. This article will highlight some of these studies and their findings. Some have contended that attorney-client conversations simply cannot be recorded and studied in the same …


Report Card On Environmental Dispute Resolution In Utah - Grade: Incomplete But Showing Promise, Michele Straube Mar 2014

Report Card On Environmental Dispute Resolution In Utah - Grade: Incomplete But Showing Promise, Michele Straube

Environmental Dispute Resolution Program

The environmental and natural resource professionals who will be in positions of power and influence for decades into the future are not being introduced to the core values and potential benefits of mediation, collaborative problem solving, community engagement, and the many other aspects of EDR as part of their graduate education. Decisionmakers and the stakeholders affected by their decisions are neither regularly made aware of the variety of available decision-making approaches, nor are they regularly reminded of success stories that exemplify something beyond “business as usual.” Participants in well-designed and well-implemented EDR processes become strong proponents of EDR. Unfortunately, the …


Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez Jun 2006

Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez

Utah Law Review

It really is possible to deliver enough no-cost or low-cost legal problem solving services to provide equal justice. To get there, however, we need to experiment with new strategies and methods to achieve the goal, including the new skill of PIM. My hunch is that if first-year law students can prove to themselves in a clinical setting that public service lawyering can produce a multiplier effect for the greater public good, a new commitment to equal justice will emerge in the legal profession.