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Full-Text Articles in Law
Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan
Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan
Faculty Publications
At the time it was introduced, andragogy did offer benefits over “chalk and talk;” where most law students passively took notes while one student at a time actively engaged with their professor in a Socratic dialogue. While andragogy has sustained several modifications and revisions over the last fifty years, it does not reflect the life stage or life experiences that blur the boundaries of childhood and adulthood for over half the current student body in most law schools. Andragogy, designed as a teaching methodology for traditional adults seeking continuing education or to gain credentials for upward mobility in their current …
Law As Instrumentality, Jeremiah A. Ho
Law As Instrumentality, Jeremiah A. Ho
Faculty Publications
Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …
Function, Form, And Strawberries: Subverting Langdell, Jeremiah A. Ho
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 …
The Kids Aren’T Alright: Rethinking The Law Student Skills Deficit, Rebecca Flanagan
The Kids Aren’T Alright: Rethinking The Law Student Skills Deficit, Rebecca Flanagan
Faculty Publications
This article examines empirical research on the changes in undergraduate education since the 1960’s and discusses the challenges facing law schools admitting underprepared students.
Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss
Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss
Faculty Publications
The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …