Law Commons^™

See One, Do One, Teach One: Dissecting The Use Of Medical Education’S Signature Pedagogy In The Law School Curriculum (Forthcoming 2010), Christine N. Coughlin, Lisa A. Tucker, Sandy Patrick

Lisa T. McElroy

With the recent publication of the Best Practices in Legal Education, and the Carnegie Report on the Advancement of Teaching, law professors today have an opportunity to adopt pedagogies that have been successfully used in other professional disciplines that, like law, integrate skills and theory. In this article, we focus specifically on the “see one, do one, teach one” approach used in medical education because medical students and law students develop early professional reasoning skills in parallel ways.This article dissects medical education’s signature pedagogy by focusing on the use of simulation and samples, active learning exercises, and peer teaching opportunities …

The Use Of International Law In U.S. Constitutional Adjudication, Rex Glensy

Rex Glensy

This Article seeks to untangle part of the debate concerning the use of international law as persuasive authority within the context of constitutional interpretation. It begins by noting that international law is being used comparatively within the framework of constitutional analysis but such usage lacks structure and context. It then posits that U.S. courts should only use international law as persuasive authority when this fits within the goals of the comparative enterprise. By combining comparative theory and historical practice, the Article concludes by proposing a methodology for employing international law as persuasive authority by U.S. Courts.

Constitutional Interpretation Through A Global Lens, Rex D. Glensy

Rex Glensy

This Article seeks to clarify the current debate concerning the use of non-U.S. persuasive authority within the context of constitutional interpretation. It begins by noting that often commentary on comparative constitutional law fails to make any distinction between foreign domestic sources and international law used comparatively, and thus risks evoking parallels between different systems of law that lack context and plausibility. It then draws on various normative theories and underpinnings of both domestic and international legal regimes to show that a proper comparative enterprise must take this distinction into account. The Article concludes by explaining that only when those policy …

Cyber Apocalypse Now: Securing The Internet Against Cyberterrorism And Using Universal Jurisdiction As A Deterrent, Kelly Gable

Kelly Gable

No abstract provided.

Cyber Apocalypse Now: Securing The Internet Against Cyberterrorism And Using Universal Jurisdiction As A Deterrent, Kelly Gable

Kelly Gable

No abstract provided.

From Grimm To Glory: Simulated Oral Argument As A Component Of Legal Education’S Signature Pedagogy, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

When Neighboring States Disagree: Teaching Statutory Interpretation Through Client Letter Writing, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

Conversations On "Community Lawyering": The Newest (Oldest) Wave In Clinical Legal Education, Karen Tokarz, Nancy Cook, Susan Brooks, Brenda Blom

Susan Brooks

No abstract provided.

Using An Attorney Mastery Scale, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

Undue Deference, Richard H. Frankel

Richard H. Frankel

No abstract provided.

The Problem Of The Sports Doctor: Serving Two (Or Is It Three Or Four?) Masters, Barry R. Furrow

Barry R. Furrow

No abstract provided.

The Notion Of Interdependence And Its Implications For Child And Family Policy, Susan L. Brooks, Ya'ir Ronen

Susan Brooks

The authors claim that the recognition of interdependence as a guiding principle of child and family policy has the potential to transform legal systems to make them less punitive and more constructive, less judgmental towards individuals and more empathic to the protection of relationships and self-constructed identities. By embracing the notion of interdependence, our societies can be moved toward greater recognition of our common humanity to the great benefit of children and their families, particularly those who are most vulnerable.

Four lenses are articulated in this paper: Therapeutic jurisprudence, preventive law, family systems theory, and culture. The paper shows how …

The Drifters: Why The Supreme Court Makes Justices More Liberal, Jon Hanson, Adam Benforado

Adam Benforado

No abstract provided.

Which Countries Count?: Lawrence V. Texas And The Selection Of Foreign Persuasive Authority, Rex D. Glensy

Rex Glensy

This Article provides a selection process for foreign persuasive authority within the context of comparative analysis by combining the results of an historical analysis of the use of foreign authority with modern trends in social sciences and legal scholarship. It argues that the ethos of comparative law is one of informed nation selection, and that its proponents should not shy away from this reality but tackle it head on. It describes an approach to such selection process, one which combines historical fact, normative desirability, and contemporary understanding of judicial interpretative techniques, and shows how courts can integrate this approach within …

Quasi-Global Social Norms, Rex D. Glensy

Rex Glensy

This Article describes the emergence and operation of a sub-category of social norm, termed “quasi-global social norm.” It argues that these norms arise slowly through an evolutionary process governed by natural instinct, and that such norms develop by reaching an ever increasing number of adherents who apply these norms to an ever increasing number of situations. It then describes how quasi-global social norms, in light of their hold on society, permeate the legal system and function as a normative force in determining the outcome of many legal decisions, and concludes by drawing upon the quasi-global social norms of liberty and …

Are Norms Efficient? Pluralistic Ignorance, Heuristics And The Use Of Norms As Private Regulation, Alex Geisinger

Alex Geisinger

No abstract provided.

My Best Class: Saving The Astronauts, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

Regulating Patient Safety: Toward A Federal Model Of Medical Error Reduction, Barry R. Furrow

Barry R. Furrow

No abstract provided.

Title Ix: Beyond Equal Protection, David S. Cohen

David S Cohen

The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. First and foremost, the issue has arisen when courts have attempted to determine the scope of Title IX's prohibition of sex discrimination. For instance, in Tara Brady's case, whether she could successfully bring a sex discrimination suit for monetary damages under Title IX, which says nothing on its face about pregnancy,(FN9) requires a determination of whether a plaintiff can bring a claim for monetary damages grounded in Title IX's regulation that prohibits pregnancy-based discrimination. After the Supreme Court's decision in Alexander …

Practicing (And Teaching) Therapeutic Jurisprudence: Importing Social Work Principles And Techniques Into Clinical Legal Education, Susan Brooks

Susan Brooks

No abstract provided.

Rowley Comes Home To Roost: Judicial Review Of Autism Special Education Disputes, Terry Seligmann

Terry Jean Seligmann

No abstract provided.

Why Is A Legal Memorandum Like An Onion: A Student’S Guide To Reviewing And Editing, Terry Jean Seligmann

Terry Jean Seligmann

No abstract provided.

What Gets Me Through: My Top Ten List, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

Limiting Gebser: Institutional Liability For Non Harassment Sex Discrimination Under Title Ix, David S. Cohen

David S Cohen

No abstract provided.

Silence And The Racial Dimension Of Megan's Law, Daniel M. Filler

Daniel M. Filler

No abstract provided.

Whom Are We Teaching? Members Of Communities, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

Filling In The ‘Larger Puzzle’: Clinical Scholarship In The Wake Of The Lawyering Process, Susan L. Brooks, Frank S. Bloch, Alex J. Hurder, Susan L. Kay

Susan Brooks

No abstract provided.

Professor Defend Thyself: The Failure Of Universities To Defend And Indemnify Their Faculty, Kevin Oates

Kevin P. Oates

University professors going about their daily activities of teaching, researching, and writing rarely consider the possibility of being sued. To the extent that the concept of potential liability does cross their minds, educational professionals undoubtedly comfort themselves in the realization that since their activities are job-related, the school that employs them is obligated to provide a defense and indemnity in any suit stemming from those activities. Given the ever-increasing litigious nature of American society, the instances of college faculty members being sued are likely to increase. The American Association of University Professors (AAUP) has recognized this trend. With an increase …

Medical Mistakes: Tiptoeing Toward Safety, Barry R. Furrow

Barry R. Furrow

No abstract provided.

A Belief-Change Theory Of Expressive Law, Alex Geisinger

Alex Geisinger

No abstract provided.