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Articles 1 - 20 of 20
Full-Text Articles in Law
Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond
Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond
Faculty Publications
The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.
Two Rules For Better Writing, Amy E. Sloan
Two Rules For Better Writing, Amy E. Sloan
All Faculty Scholarship
No abstract provided.
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
Scholarly Publications
All lawyers negotiate, and all negotiators deliberate. This article addresses the pervasive but unrefined use of emotional insight by deliberating and negotiating lawyers, and suggests that legal education could improve lawyering by adopting a fuller model of legal thinking that takes account of this "epistemological emotionality." In forming the beliefs that underlie choices made during deliberation and negotiation, people rely on insights informed by past and present emotional experience. Such epistemological emotionality fuels a pre-linguistic, quasi-inductive reasoning process that enables us to draw on stored information about emotional phenomena to hypothesize about motives, behavior, and potential consequences. As deliberation moves …
Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills
Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills
UF Law Faculty Publications
No abstract provided.
Sometimes You Have To Be The Guide On The Side, David I.C. Thomson
Sometimes You Have To Be The Guide On The Side, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
A saying in the literature of collaborative learning scolds us teachers for being too fond of the sound of our own voices: “You need to be less of the ‘Sage on the Stage’ and more of the ‘Guide on the Side.’” The night of my “best class” this saying really hit home to me. I was the Guide on the Side, and the students took over the teaching– and the learning.
"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp
"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp
Faculty Scholarship
This article is based on a presentation that was first assembled for the Southeastern Regional Legal Writing Conference in September 2003. The theme of that conference was "The Basics and Beyond: Building Solid Skills on Flawed Foundations." As legal writing professions with nine years of teaching experience between us, we immediately honed in on "reading" as a core lawyering skill--though it is the one that seemed most flawed in the first-year legal writing class. We determined that case analysis, statute analysis, synthesis, and application were not possible unless students critically read the material with which they were working. Many students …
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Curtis
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Curtis
Faculty Scholarship
With increased frequency, attention is being given to the methods and style of teaching the law, and to the educational knowledge of law teachers necessary for their development. While teachers in many other areas of higher education are required to take credit hours in education courses, that requirement or focus on pedagogy itself has not yet fully spilled over to legal education professionals. In addition, although law professions, have been encouraged to think and learn about the law, they generally have long since accepted the Socratic method as a primary method of teaching. Recently information about students' learning styles, and …
Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens
Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens
Faculty Scholarship
Personal satisfaction and fine lawyering go hand in hand. Legal education and the legal system, however, do damage to that coupling. The author suggests that lawyers and law students can thwart personal dysfunction and professional dissatisfaction if we allow ourselves to express joy and sadness. To avoid being depleted by grief and rage, which cannot nourish satisfying law work over time, the article suggests that we attend to connections with others (all others). Lawyers who connect with their own communities may have more tools for crafting solutions for clients whose problems often implicate community. As teachers, the best way to …
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Faculty Publications
The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …
Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman
Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman
Faculty Scholarship
David Hoffman (1784-1854) has been cast as America's first legal ethicist and as the founder of one of the nation’s first original methods of legal instruction. While these interpretations of his life are certainly true, Hoffman’s life and career encompassed so much more than that. With few exceptions researchers have focused on Hoffman’s legal career and have left historians to wonder about his other pursuits. This article will review, in individual sections, the many facets of Hoffman's life and career in an effort to provide a more complete picture than has previously existed.
Teaching Tax Stories, Ajay K. Mehrotra
Teaching Tax Stories, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
The Challenge And Promise Of Public Legal Education, Lauren K. Robel
The Challenge And Promise Of Public Legal Education, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Separate And Not Equal: Integrating Civil Procedure And Adr In Legal Academia, Jean R. Sternlight
Separate And Not Equal: Integrating Civil Procedure And Adr In Legal Academia, Jean R. Sternlight
Scholarly Works
Traditionally, academics specializing in ADR and civil procedure have not tended to deal with each other's issues. The typical civil procedure course focuses on litigation, and at best throws in a few classes on mediation and negotiation. Similarly, the typical ADR course devotes little or no attention to litigation, law, courts, or administrative institutions. Thus, the two disciplines are taught quite separately. Further, this separation is not equal. While students are required to learn about litigation, and are also offered many additional litigation electives, the ADR curriculum is almost always purely elective, and the classes are much smaller. Yet, the …
A Dedication To Dean Joseph P. Tomain: Educator, Scholar, And Leader, Donna M. Nagy, Barbara G. Watts
A Dedication To Dean Joseph P. Tomain: Educator, Scholar, And Leader, Donna M. Nagy, Barbara G. Watts
Articles by Maurer Faculty
No abstract provided.
Expanding Our Classroom Walls: Enhancing Teaching And Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, Alison Craig
Expanding Our Classroom Walls: Enhancing Teaching And Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, Alison Craig
Faculty Scholarship
The authors examine the reasons why law faculty should implement technology into the legal education experience, provide a brief overview of the learning theory supporting technology, discuss the thoughtful use of technology, and describe four specific projects they have used in their classrooms to aid in student learning.
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
All Faculty Scholarship
Despite dramatic technological change, the thick, attractively bound casebook remains ensconced as the written centerpiece of legal education. That will soon change - but its replacement has not been established. This paper argues that the legal academy should take this opportunity to implement an open source approach to future course materials. Guided by analysis and examples of commons-based peer production such as open source software, professors could establish electronic commons casebooks with a myriad of materials for every course. These joint databases would unshackle individual creativity while engendering collaboration on levels previously impossible. Although there may be concerns that such …
Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham
Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
Controversy surrounding scholastic rankings arises, in part, because of complexities associated with measuring academic contributions. Legal researchers use various methodologies to assess scholarly production and impact but all suffer from inherent limitations and none provides data useful to scholarly self-reflection. The 10-year old Legal Scholarship Network (LSN) offers potential to improve considerably on both scores of public and personal assessment. This Essay critically evaluates approaches to conceptualizing scholarly profit margins, explores how LSN can enhance these conceptions, and opens new frontiers for this innovative Web-based repository of legal writing.
Words, Words, Words!!! Teaching The Language Of Tax, Stephen B. Cohen
Words, Words, Words!!! Teaching The Language Of Tax, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
The basic course in federal income tax is usually a challenge for both teacher and student because so many different and difficult things are being taught at once: a prolix and opaque statute; complex financial transactions; and economic, political, and social analysis of the effects of the tax law. In addition, I believe that a teacher of tax must be a teacher of language, focusing explicitly and self-consciously on the ambiguous, imprecise, and confusing words that are embedded in tax law and discourse and that constitute a significant obstacle for students taking the basic course in federal income taxation.
Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley
Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley
Scholarly Works
No abstract provided.
The Role Of Foreign Languages In Educating Lawyers For Transnational Challenges, Vivian Grosswald Curran
The Role Of Foreign Languages In Educating Lawyers For Transnational Challenges, Vivian Grosswald Curran
Articles
In a world in which every other country seems intent on teaching English to their youth, and in which the United States educational system does not place a high priority on teaching foreign languages, the American law student, dean and professor may doubt if foreign language knowledge is anything more than marginally helpful to law graduates. Similarly, educators at the primary school level may not be likely to assess foreign language education as warranting a greater allocation of scarce public resources.
The usefulness of foreign languages to the United States lawyer gradually has been gaining increased recognition in the profession, …