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Full-Text Articles in Law

Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande Oct 2013

Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande

Faculty Publications

This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.


Peer Review Across The Curriculum, Patricia G. Montana Jan 2013

Peer Review Across The Curriculum, Patricia G. Montana

Faculty Publications

(Excerpt)

In 2007, two very influential institutes published reports that challenged legal educators to reconsider how they design courses, deliver instruction, assess their students’ learning and explore new ways to prepare students for the profession of law. The Carnegie Foundation for the Advancement of Teaching published its report, Educating Lawyers: Preparation for the Profession of Law (“Carnegie Report”), and the Clinical Legal Education Association published its study, Best Practices for Legal Education (“Best Practices Report”) (collectively, the “Reports”). Both Reports came to the same conclusion: law schools must devote more attention and resources to helping students develop the professional skills …


Cat, Cause, And Kant, Richard J. Peltz-Steele Jan 2013

Cat, Cause, And Kant, Richard J. Peltz-Steele

Faculty Publications

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.


Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande Jan 2013

Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande

Faculty Publications

This article synthesizes major points in the October 2012 symposium of the University of Missouri School of Law Center for the Study of Dispute Resolution, entitled "Overcoming Barriers in Preparing Law Students for Real-World Practice." There is a growing consensus that American law schools need to do a better job of preparing students to practice law. Teaching students to think like a lawyer is still necessary but it is not sufficient for students to act like a lawyer soon after they graduate.


Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams Jan 2013

Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams

Faculty Publications

Historian Henry Steele Commager said, “History is useful in the sense that art is useful--or music or poetry or flowers; perhaps even in the sense that religion and philosophy is useful .... For without these things life would be poorer and meaner.” For law students who anticipate a career representing private and public clients and participating in public discussion, however, study of legal history carries rewards beyond intellectual stimulation and personal satisfaction. Law students contemplating client representation should ponder Justice Holmes's advice that “[h]istory must be a part of the study [of law], because without it we cannot know the …