Law Commons^™

Editing And Interleaving, Patrick Barry

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This essay suggests that a powerful learning strategy called "interleaving"--which involves strategically switching between cognitive tasks--is being underused. It can do more than make study sessions more productive; it can also make editing sessions more productive.

Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri J. Krishna, Kelly Pfeifer, Dana Thompson

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Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …

How Serving Jobless Workers During The Pandemic’S Economic Recession Grounded Students: A Reflection From Michigan’S Workers’ Rights Clinic, Rachael Kohl, Nancy Vettorello

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The COVID-19 pandemic drastically changed the delivery of legal education. Many courses switched to remote instruction, and that change was particularly complicated for clinical courses. For Michigan's Workers' Right Clinic (WRC), however, the pandemic brought more than a change in course delivery - it brought a huge influx of new cases and community need with rapidly and continually changing laws. This article describes how the WRC navigated and thrived, despite the rapid changes brought about by the pandemic, and how the clinic provided an opportunity for students to engage in more complex work that benefited students both academically and mentally. …

A Virtue Ethics Approach To Professional Identity: Lessons For The First Year And Beyond, Patrick Emery Longan, Daisy Hurst Floyd, Timothy Floyd

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We have been teaching, writing, and speaking about professional identity formation for many years. Over that period, we have arrived by various routes at a virtue ethics approach to professional identity formation. In this article, we will share our approach and include lessons for the first year of law school and beyond.

Our commitment to a virtue ethics approach did not emerge overnight. It evolved over the years and comes from our varied experiences. Pat Longan's path emerged from his experience as a teacher and scholar of professional responsibility who was asked in 2002 to develop a stand-alone course on …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

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This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long

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The Future Of The Land Grant Law School, Johanna Kalb

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Tradition And Change At The University Of Idaho College Of Law, Richard Henry Seamon

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Random Thoughts On Access To Justice In Idaho, Anne-Marie Fulfer

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Did The Pandemic Change Legal Education For Better Or Worse?, Linda Jellum

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Technology And The (Re)Construction Of Law, Christian Sundquist

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Innovative advancements in technology and artificial intelligence have created a unique opportunity to re-envision both legal education and the practice of law. The COVID-19 pandemic has accelerated the technological disruption of both legal education and practice, as remote work, “Zoom” client meetings, virtual teaching, and online dispute resolution have become increasingly normalized. This essay explores how technological innovations in the coronavirus era are facilitating radical changes to our traditional adversarial system, the practice of law, and the very meaning of “legal knowledge.” It concludes with suggestions on how to reform legal education to better prepare our students for the emerging …

The Virtual Law School, 2.0, A. Michael Froomkin

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Just over twenty years ago I gave a talk to the AALS called The Virtual Law School? Or, How the Internet Will De-skill the Professoriate, and Turn Your Law School Into a Conference Center. I came to the subject because I had been working on internet law, learning about virtual worlds and e-commerce, and about the power of one-to-many communications, and it struck me that a lot of what I had learned applied to education in general and to legal education in particular.
It didn't happen. Or at least, it has not happened yet. In this essay I want …

The Folly Of The Embedded Full Citation: How The Bluebook And Alwd Manuals Encourage Weak Legal Writing, Ben Bratman

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Unfortunately, the two most prominent citation guides for legal writing, the Bluebook and the ALWD Guide to Legal Citation, include provisions allowing legal writers to embed a full citation to legal authority as a grammatical element of a textual sentences. As a result, both beginning and experienced legal writers do not hesitate to burden their sentences with the clutter of full citations. Most dubiously, legal writers far too often begin the topic sentence of a paragraph with the phrase “In [case name],” followed by an embedded citation, thereby wrongly emphasizing the case name instead of the legal principle that the …

Building On The Legacy Of The University Of Idaho's Immigration Clinic During The Pandemic, Geoffrey Heeren

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Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

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LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra

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How I Finally Overcame My Apprehension About Peer Review, Beth H. Wilensky

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I’ll admit it: I was afraid to try peer review in my Legal Practice class. I’ve been teaching legal analysis, writing, and research for 17 years. I know all of the benefits of peer review. I’ve read plenty of scholarship about why and how to do it well. I have space in my syllabus to incorporate it into my teaching. But I’ve been reluctant. I worried that students would be averse to sharing their work with a classmate. I worried that the exercise would embarrass students who felt self-conscious about their writing. And I worried that the truly excellent writers …

What Will (Or Might?) Law School Look Like This Fall?: Teaching In The Midst Of A Pandemic, Ted Becker

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January 2020 marked the start of a new semester for Michigan law schools. There was little reason to suspect it wouldn’t be a semester like any other: for 3Ls, the start of the stretch run to graduation; for 1Ls, a chance to begin anew after the stress of their first set of law school final exams; for law school faculty, administrators, and staff, a return to the excitement and activity of crowded hallways and classrooms after the brief interlude of winter break. Classes began and proceeded as normal.

To Outgrow A Mockingbird: Confronting Our History—As Well As Our Fictions—About Indigent Defense In The Deep South, Sarah Gerwig-Moore

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To Kill a Mockingbird occupies a beloved space in law school classrooms and curricula, especially in its portrayal of Atticus Finch. Frequently held up as the model or “hero-lawyer,” Atticus’s character is powerful in fiction, but problematic in practice. His work is lauded, rather than scrutinized, despite his questionable ability to represent his client in life-or-death circumstances—specifically, a racially charged sexual assault case in the Deep South. Through considering examples of historical lawyers and texts which explore similar themes without the lens of fiction, those engaged in legal education and legal practice can and should look to others to study …

Using Transactional Practice Competitions To Introduce Students To Key Deal-Making Skills, Ted Becker, Eric Zacks

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Law school moot court competitions are everywhere. That is a bit of an exaggeration, to be sure, but not by much. At last count, students with an interest in litigation had more than 60 interschool appellate advocacy competitions to choose from, ranging in topics from admiralty to space law to veterans law. Toss in trial advocacy competitions, and the number of opportunities to hone litigation skills increases significantly. And seemingly every law school has its own intraschool litigation competitions, ranging from part of a 1L legal writing program to school-wide appellate advocacy competitions whose final rounds attract prominent judges or …

Foreword: The Dispossessed Majority: Resisting The Second Redemption In América Posfascista (Postfascist America) With Latcrit Scholarship, Community, And Praxis Amidst The Global Pandemic, Sheila I. Velez Martinez

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As LatCrit reaches its twenty-fifth anniversary, we aspire for this symposium Foreword to remind its readers of LatCrit’s foundational propositions and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. Working for lasting social change from an antisubordination perspective enables us to see the myriad laws, regulations, policies, and practices that, by intent or effect, enforce the inferior social status of historically- and contemporarily-oppressed groups. In turn, working with a perspective and principle of antisubordination can inspire us to …

In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey Baker, Christine Cerniglia, Davida Finger, Luz Herrera, Jonel Newman

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No abstract provided.

Law Students And Cell Phone Use: Results Of A Six-School Survey, Hugh D. Spitzer, Robert M. Jarvis, Cindy I.T. Archer, Linda Galler, Jodi L. Wilson, Mark E. Wojcik

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The sight of a law student using his or her cell phone now is so common that law professors do not give it a second thought. But what, exactly, is the student doing? Texting with friends? Shopping? Watching a movie? To try to find out, during the Fall 2019 semester we asked our six diverse law schools to take an online survey consisting of eighteen questions. To our knowledge, this is the first phone survey of law students.

This paper presents the results of the survey, exploring applications used (text, social media, email, etc.) and differences by audience (e.g., whether …

A Tribute To Professor Monique Lillard, John E. Rumel

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Mark D. Anderson: A Teacher's Teacher And A Scholar's Scholar, Wendy Gerwick Couture

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Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Dylan R. Hedden-Nicely

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Festschrift In Honor Of University Of Idaho Distinguished Professor Emeritus Dale Goble, Barbara Cosens

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A Tribute To Maureen Laflin, Elizabeth Brandt

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Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

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Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Theater And Revolution In Clinical Legal Education, Jonel Newman, Fergus Lawrie, Donald Nicolson, Melissa Swain

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Why does a revolutionary theatre method developed in the 1960s and 1970s by Brazilian intellectual and activist Augusto Boal belong in clinical legal education? Use of the transformative Forum Theatre method can greatly enhance legal education. Boal, a colleague and disciple of Paulo Freire (Pedagogy of the Oppressed), developed Forum Theatre as a democratic, participatory, and collaborative production between the actors and the audience, to revolutionize traditional sit-and-watch theatre. Spectators in the audience become spect-actors, halt the oppressive element in a scenario, take the place of the actors, and eliminate oppression. The over-arching goal of Forum Theatre is to illuminate …