Law Commons^™

An Active Learning Approach To Teaching Tough Topics: Personal Jurisdiction As An Example, Cynthia M. Ho

Cynthia M Ho

No abstract provided.

Groves V. United States (Seventh Circuit Court Of Appeals Brief), T. Keith Fogg

W. Edward "Ted" Afield

No abstract provided.

New Modes Of Assessment, Gregory S. Sergienko

Greg Sergienko

The traditional and dominant mode of formal assessment in law schools is an essay examination administered at the end of the semester. Unfortunately, the essay exam is prone to inaccuracies, some of which can be balanced by other forms of assessment. In addition, essay exams are extremely burdensome to grade.

The purpose of this Article is to call attention to a variety of alternatives to this traditional format that are more accurate and less burdensome than traditional essay exams. Increasing accuracy makes it possible to determine whether the instruction has been effective, allowing the instructor to address areas of weakness …

Measuring Scholarly Impact: A Guide For Law School Administrators And Legal Scholars, Gary M. Lucas Jr

Gary M. Lucas Jr.

The author intends for this Essay to serve as a guide for law deans and legal scholars interested in measuring the impact of legal scholarship. In addition, university administrators should find it helpful for comparing the impact of their own law faculty’s scholarship with the scholarship of law faculties at other universities. The primary obstacle to such comparisons is a dearth of publicly available information. To that end, the Essay recommends that each law school create a Google Scholar profile for its faculty and explains the procedures for doing so. By acting on this recommendation, administrators would dramatically improve our …

Evaluation Of The Hare-Pscan In A Non-Clinical Population, Cristal Elwood, Norman Poythress, Kevin Douglas

Norman Poythress

Using 100 university undergraduates as participants, this study examined the structural reliability and construct validity of Hare and Hervé's P-SCAN (Hare & Hervé, 1999) a 90-item measure that purports to serve as an “… early warning system” or “rough screening device” (p. 1) for identifying individuals with substantial psychopathic features. Internal consistency indices (e.g. Cronbach's α, mean inter-item correlations) for the three P-SCAN subscales (Interpersonal, Affective, Lifestyle) suggested excellent reliability. Statistically significant, though modest correlations (range 0.21–0.33) were obtained in 5 of 6 comparisons with the self-report Primary psychopathy and Secondary psychopathy scales developed by Levenson, Kiehl, and Fitzpatrick (1995) …

Assessment Of Eco-Labelling Schemes For Pacific Tuna Fisheries, David Kirby, Candice Visser, Quentin Hanich

Quentin Hanich

Developments in fisheries governance in recent decades—notably the1982 United Nations Convention on the Law of the Sea and its implementing agreements—have established a framework o fprinciples, standards, institutions and regulations that is broade rand more complex than traditional fisheries management, which has generally focused o nindividual target species. As this framework has evolved, a number of seafood eco-labelling schemes have also developed. These schemes aim to identify well- managed fisheries and give competitive advantage to their products, thus translating the environmental awareness of consumers into direct support for sustainable fishing practices.This paper evaluates a number of these schemes in the …

The Trading Card Effect, Adam Epstein

Adam Epstein

The purpose of this article is to demonstrate a teaching method that I have used for the last several years and have found to be effective particularly during the challenging final weeks of the semester. I reward students with trading cards for answering questions currently during an unannounced quiz to provide positive reinforcement in an engaging way. Students ultimately form teams and receive a relevant and classic football, baseball, basketball, hockey, or other trading card that they can keep as a souvenir to the class and the course. The intent is to give something to the students directly relevant to …

The Responsibility To Protect In Oceania: A Political Assessment Of The Impact And Influence Of R2p On Police Forces, Andrew Goldsmith, Charles Hawksley, Nichole Georgeou

Charles M Hawksley

The project ‘R2P in Oceania’ is a political assessment of the impact and influence of R2P principles on the developing police forces of three states, Timor-Leste, Solomon Islands and Papua New Guinea (PNG). It links most strongly with the Centre’s priority concept two: supporting states to build their capacities to protect their own populations from abuses of human rights, including genocide and mass atrocities. This articulates with the Responsibility to Assist, the least studied aspect of the UNSG’s ‘Three Pillars’ Approach to R2P. Our research provides empirical findings surrounding the process of police-building in these states. It points to the …

The Elephant In The Law School Assessment Room: The Role Of Student Responsibility And Motivating Our Students To Learn, Cassandra L. Hill

Cassandra L. Hill

THE ELEPHANT IN THE LAW SCHOOL ASSESSMENT ROOM:

THE ROLE OF STUDENT RESPONSIBILITY AND

MOTIVATING OUR STUDENTS TO LEARN

Cassandra L. Hill

The American Bar Association’s proposed new accreditation standards call for law schools to assess the effectiveness of their academic programs. Law schools are now doing so, quickly giving rise to an assessment movement that closely examines desired educational outcomes and professors’ efforts to attain them. But assessment has to date focused on the professor, who is just one part of the professor-student partnership. All but ignored are the contributions and motivation of the other critical component—the student.

This …

Answering Legal Problem Questions In A Grid Format, Alex Steel, Dominic Fitzsimmons

Alex Steel

The development of legal reasoning skills is a fundamental aspect of legal education. What has sometimes been called “learning to think like a lawyer” is a threshold competency that students must acquire before they can progress to more complex analysis of broader legal issues. This chapter discusses the use of problem-based scenarios to both engage students and to develop legal analysis. It outlines the threshold difficulties students must overcome in order to read texts as a lawyer and explains how use of a grid format answer – rather than an essay format – can both assist students to overcome these …

Law Firm Mergers: Finding The Right Fit, Mark E. Pickering

Mark E Pickering

Mergers and acquisitions (M&A) can be an extremely valuable tool to transform organisations and to accelerate growth strategies. However, poorly conceived and implemented acquisitions can result in significant distraction, substantial financial write-offs and, in extreme cases, put the acquirer’s future in jeopardy. Directors play an important role in the M&A decision process and should delve into key components of proposed acquisitions to improve M&A outcomes.

Reduce, Reuse, And Recycle: How Using “Recycled” Simulations In An Lrw Course Benefits Students, Lrw Professors, And The Relevant Global Community, Rita F. Barnett

Rita Barnett-Rose

Unlike theory-based first year doctrinal courses, an LRW course typically teaches law students how to think, analyze, research, and write like lawyers through the use of real-world “simulations.” Drafting these simulations is one of most challenging and time-consuming aspects of an LRW professor’s job. Yet, despite the effort involved in both creating and teaching new simulations, controversy continues within the legal academy about whether reusing simulations is appropriate – or is simply an invitation for students to cheat. This article is the first to address head-on the ongoing debate over “recycling” LRW simulations, and describes not only how concerns over …

Environmental Impact Assessment And The Precautionary Principle: Legislating Caution In Environmental Protection, Warwick Gullett

Warwick Gullett

A noteworthy feature of international environmental discourse since the late-1980s has been the shift toward anticipatory policies. Precaution is the leading policy approach that has emerged to guide environmental decision-makers confronted with inadequate information. The "precautionary principle" has found expression in Australia in the 1992 Intergovernmental Agreement on the Environment, various Commonwealth environmental management strategies and a number of pieces of Commonwealth and State legislation. It also has been accepted tentatively by the courts as a factor which should be taken into account in appropriate circumstances. However, existing Australian environmental management approaches fail to advance precaution in a substantive manner. …

Use Your Words: Providing Informational Feedback As A Means To Support Self-Determination And Improve Law Student Outlook And Outcomes, Paula J. Manning

Paula J Manning

When law school faculty neglect to make careful and informed choices about the words we use, ignoring the impact of those words on our students’ potential for success in law school, law practice and life, we contribute to our students’ psychological distress and decline in motivation and performance—which may well carry forward to the legal profession and justice system. This article uses the lens of self-determination theory to explore a simple and concrete step law school faculty can take to improve students’ outlook and outcomes, by making changes in feedback practices that contribute to the autonomy thwarting educational environment that …

Student Affairs Program Evaluation: A Factor Analytic Solution, Oscar T. Mcknight

Oscar T McKnight Ph.D.

This program and presentation addresses the use of factor analysis in program evaluation. Specific focus will highlight the development and selection of marker items. The goal is to label and interpret factors according to targeted questions of interest. Therefore, results are not only descriptive, but predictive - with practical application to student retention and satisfaction. Process is useful for benchmarking best practices; measuring student satisfaction and learning; tracking student participation; evaluating program results; determining future program or service needs; and, assessing effectiveness of delivered programs.

Cleveland Schools Social Skills Training Program Showing Positive Results, David Volosin, Oscar T. Mcknight, John Sikula

Oscar T McKnight Ph.D.

This article reports on research conducted in the Cleveland Metropolitan School District by the Society for Prevention of Violence (SPV). A total of 1500 students and 150 teachers participated in a social skills training program. Statistically significant positive results were found over the course of the 2009 - 2010 school year. A positive change in the school environment was documented via a thirty-five item learning survey. Because of the positive results, during the 2010 - 2011 school year, SPV's social skills training program is being implemented in all three Parma middle schools.

Power And The Morality Of Grading - A Case Study And A Few Critical Thoughts On Grade Normalization, Deborah Waire Post

Deborah W. Post

No abstract provided.

Strategic Marketing For Economic Development: A Comparative Study, Megan Polak, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

This study surveyed economic development directors from 118 cities from within the continental United States. The research concern was their strategic economic development plan. Electronic surveys asked participants to identify strategic components of their economic development plan; first, by intent of focus and second by rank-order. Designated areas of economic development included: Retail, Commercial, Residential or Industrial. In addition, the survey inquired as to their planned marketing communication channel and expected reach (i.e. footprint). Findings suggested that most cities were seeking to promote "all areas equally" - industrial development surfaced as the area of economic development listed with the highest …

Designing Research Assignments To Encourage Critical Thinking And Creative Problem-Solving Skills, Linda Kawaguchi

Linda Kawaguchi

Advanced legal research (ALR) courses are unique in that they provide continual and immediate feedback to both students and teachers over the course of the semester. Unlike traditional doctrinal courses, ALR typically employs a variety of teaching methods and students receive multiple forms of assessment. This level of interaction allows teachers to respond quickly when students are struggling with specific concepts or need clarification. This article analyzes lessons learned from two assignments.

Assessing Ourselves: Confirming Assumptions And Improving Student Learning By Efficiently And Fearlessly Assessing Student Learning Outcomes., Lori Roberts

Lori A Roberts

The American Bar Association’s (ABA) proposed accreditation standards for law schools that would require faculty to not only assess individual student performance, but also to assess themselves as legal educators to ensure they are meeting their institutions’ goals of student learning, have stirred a debate among legal educators regarding the justification for assessment and a scramble to figure out how to comply. This article contends that assessment is justified as an ABA accreditation standard given the history of questionable quality and unaccountability in post secondary education, and the increasing reliance on accreditation as a form of consumer protection. Furthermore, cognitive …

Peer Editing: A Comprehensive Pedagogical Approach To Maximize Assessment Opportunities, Integrate Collaborative Learning, And Achieve Desired Outcomes, Cassandra Hill

Cassandra L. Hill

This Article examines an underused teaching strategy—collaborative peer editing—through the lens of student learning outcomes and assessment measures. The American Bar Association (“ABA”) recently proposed sweeping changes to law school accreditation standards that focus less on input measures, such as the school’s facility, faculty size and budget, and more on output measures, such as the school’s bar passage and employment rates. This shift will require law schools—and law professors—to articulate student learning goals and assess their achievement. To do so, law professors must find efficient techniques to assess students’ performance. Peer editing presents such an opportunity.

This Article shows how …

Teaching Professional Ethics To Lawyers And Mediators Using Active Learning Techniques, Paula M. Young

Paula Marie Young Prof.

The Massillon Artful Living Project: Some Positive Results Are Evident, Oscar T. Mcknight, John Sikula, Gary Zoldesy

Oscar T McKnight Ph.D.

The Massillon Artful Living Project (ALP) was created to immerse developing minds in the fine arts and to enhance the creativity, social skills, and academic achievement of preschool children. The data analyses to date support program expansion. Also, feedback by teachers, parents, administrators and community arts providers are positive.

Parental Assessment Of College Character: Brand Identity And Consumer Behavior In Higher Education, Oscar T. Mcknight, Ronald Paugh, Emily Newton

Oscar T McKnight Ph.D.

The concept of character development in higher education enjoys considerable professional support. Moreover, commercial marketers are aggressively promoting brand image and brand character to differentiate their products and services. However, there is a paucity of research on the marketing of a university's brand character. This exploratory research examines parental assessment of college character , its conceptual components and hierarchical factor structure. A discussion highlights practical implications for the marketing of a college's brand character.

Assessing Expectations Of The First Year Student - Asap, Oscar T. Mcknight

Oscar T McKnight Ph.D.

No abstract provided.

A Rapid Assessment Model For Student Affairs: A Paradigm, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann

Oscar T McKnight Ph.D.

The Unification Of Marketing And Assessment In Higher Education: A Model, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

A marketing assessment model that includes university outcome measures is presented. The model incorporates consumer expectations theory and marketing strategy. Findings indicate that student expectations vary among the undergraduate population. Marketing implications for student recruitment and retention efforts are offered

A Comparison Of Likert Response Formats In Student Affairs: The Abc's Of Assessment, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann

Oscar T McKnight Ph.D.

No abstract provided.

Are Teaching Evaluation Questionnaires Valid? Assessing The Evidence, Larry D. Barnett

Larry D Barnett

No abstract provided.