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Legal education

Faculty Scholarship

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Articles 1 - 30 of 127

Full-Text Articles in Law

Teaching Communication Skills In Transactional Simulations, Eric J. Gouvin, Katherine M. Koops, James E. Moliterno, Carol E. Morgan, Carol D. Newman Jan 2019

Teaching Communication Skills In Transactional Simulations, Eric J. Gouvin, Katherine M. Koops, James E. Moliterno, Carol E. Morgan, Carol D. Newman

Faculty Scholarship

This Article describes the role of communication exercises in transactional law and skills education, and provides several examples of such exercises. After a discussion of fundamental differences between communication in the context of litigation and transactional law, the Article discusses exercises designed to improve written communication skills, including the use of e-mail, in the context of transactional law. It follows with a similar discussion of exercises focusing on oral communication skills, including listening, interviewing, counseling, negotiation, and presentations. The Article concludes with examples of exercises combining oral and written communication skills in the context of simulated transactions.


Foreword, Sudha Setty Jan 2019

Foreword, Sudha Setty

Faculty Scholarship

In this Article, the Author reflects on legal education and the role of law reviews. Law reviews not only serve as an educational opportunity, but offer potential legal reforms to help legal scholars, practitioners, and the public understand possible shortcomings of the current state of the law and help law and policy makers contemplate potential improvements.


If International Law Is Not International, What Comes Next? On Anthea Roberts’ Is International Law International?, Rebecca Ingber Jan 2019

If International Law Is Not International, What Comes Next? On Anthea Roberts’ Is International Law International?, Rebecca Ingber

Faculty Scholarship

I am thrilled that the editors of the Boston University Law Review have chosen to review Anthea Roberts’ recent book, Is International Law International?, for their annual symposium. In order to answer the title’s question, Roberts develops a research project to scrutinize a world she knows well: the field of teaching international law, her colleagues, and their students. The result is a rigorous disaggregation of the multifarious ways that international law is taught across the globe, thus demonstrating the lack of universality in the study of international law.


The Rise Of The Creative Law School, Gregory W. Bowman Jan 2019

The Rise Of The Creative Law School, Gregory W. Bowman

Faculty Scholarship

No abstract provided.


The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles Jan 2018

The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles

Faculty Scholarship

No abstract provided.


Mini-Law School: Civic Education Making A Difference In The Community, Pat Newcombe, Beth Cohen Jan 2018

Mini-Law School: Civic Education Making A Difference In The Community, Pat Newcombe, Beth Cohen

Faculty Scholarship

Western New England’s Mini-Law School Program increases civic engagement and awareness and provides opportunities for law schools and educators to help non-lawyers better understand the legal system. This article will discuss the Mini-Law School Program, a creative and extremely successful five-week community outreach program focused on demystifying the law. Our society is in dire need of greater civic education. Public policy surveys consistently reveal disturbing statistics about the public’s lack of civic awareness (e.g., 15 percent of the public knew that John Roberts is Chief Justice of the Supreme Court, but 66 percent could name an American ...


Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter Jan 2018

Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter

Faculty Scholarship

Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet.

Though we have these laudable teaching and service goals – and a vast literature describing the role of clinics in both the teaching and service dimensions – we have scant empirical ...


Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen Jan 2017

Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen

Faculty Scholarship

This article follows up on Liying Yu’s 2008 survey exploring the state of legal research instruction in Chinese law schools. The updated survey revisits the state of legal research instruction in China, explores several aspects not previously addressed, and discusses broader issues relevant to law librarianship in China such as management models, funding, staffing, and law librarian faculty status.


Seeking Inclusion From The Inside Out: Towards A Paradigm Of Culturally Proficient Legal Education, Anastasia M. Boles Jan 2017

Seeking Inclusion From The Inside Out: Towards A Paradigm Of Culturally Proficient Legal Education, Anastasia M. Boles

Faculty Scholarship

No abstract provided.


Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter Jan 2017

Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter

Faculty Scholarship

Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet.

Though we have these laudable teaching and service goals – and a vast literature describing the role of clinics in both the teaching and service dimensions – we have scant empirical ...


Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich Jan 2017

Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich

Faculty Scholarship

This article provides an overview of the Drafting for Public Policy course offered at the Texas A&M University School of Law. The article addresses the theoretical and pedagogical underpinnings of the course, including how such a course easily encompasses the teaching of cultural context and awareness, as well as professional identity, and encourages students to engage deeply in the policymaking process. It also explores the continued relevance of the work of Harold D. Lasswell, as well as that of Myres McDougal and Anthony Kronman. These works, from 1943 and 1993 respectively, resonate now because they called on law schools ...


The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler Oct 2016

The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler

Faculty Scholarship

The number of empirical legal studies published by academic journals is on the rise. Given theory’s dominance over the last few decades, this is a welcome development. This movement, however, has been plagued by a lack of rigor and a failure of editors to require disclosure of data and procedures that allow for easy replication of published results. Law journals, the editorial boards of which are manned solely by law students, might face the toughest hurdles in ensuring publication of only high quality empirical studies and in implementing and enforcing disclosure policies. While scholars in other fields including economics ...


The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or “Why Johnny And Jane Cannot Research”, Caroline L. Osborne Jul 2016

The State Of Legal Research Education: A Survey Of First-Year Legal Research Programs, Or “Why Johnny And Jane Cannot Research”, Caroline L. Osborne

Faculty Scholarship

None available.


The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites Jan 2016

The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites

Faculty Scholarship

No abstract provided.


What Legal Writers Can Learn From Paint Nite, Beth Cohen, Pat Newcombe Jan 2016

What Legal Writers Can Learn From Paint Nite, Beth Cohen, Pat Newcombe

Faculty Scholarship

Paint Nite activities and adult coloring have captured the nation’s interest and gone mainstream. Creating something on our own is what drives similar trends like the popular Do It Yourself movement and the resurgence of knitting after 9/11. At the same time, these fun, creative activities can provide us with a window into the process of legal writing. Using Paint Nite as a reference point throughout a legal writing course allows faculty to present a holistic view of the writing process and provides a useful analogy for faculty as well as an accessible context for students. Legal writing ...


How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic Jan 2016

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Faculty Scholarship

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and ...


Teaching And Assessing Professional Communication Skills In Law School, Denitsa R. Mavrova Heinrich Jan 2015

Teaching And Assessing Professional Communication Skills In Law School, Denitsa R. Mavrova Heinrich

Faculty Scholarship

No abstract provided.


Synergy And Tradition: The Unity Of Research, Service, And Teaching In Legal Education, Frank A. Pasquale Jan 2015

Synergy And Tradition: The Unity Of Research, Service, And Teaching In Legal Education, Frank A. Pasquale

Faculty Scholarship

Most non-profit law schools generate public goods of enormous value: important research, service to disadvantaged communities, and instruction that both educates students about present legal practice and encourages them to improve it. Each of these missions informs and enriches the others. However, technocratic management practices menace law schools’ traditional missions of balancing theory and practice, advocacy and scholarly reflection, study of and service to communities. This article defends the unity and complementarity of law schools’ research, service, and teaching roles. (For those short on time, the chart on pages 45-46 encapsulates the conflicting critiques of law schools which this article ...


Legal Education In Transition: Trends And Their Implications, Michael A. Millemann, Sheldon Krantz Jan 2015

Legal Education In Transition: Trends And Their Implications, Michael A. Millemann, Sheldon Krantz

Faculty Scholarship

This is a pivotal moment in legal education. Revisions in American Bar Association accreditation standards, approved in August 2014, impose new requirements, including practice-based requirements, on law schools. Other external regulators and critics are pushing for significant changes too. For example, the California bar licensing body is proposing to add a practice-based, experiential requirement to its licensing requirements, and the New York Court of Appeals, New York’s highest court, is giving third-year, second semester students the opportunity to practice full-time in indigent legal services programs and projects. Unbeknown to many, there have been significant recent changes in legal education ...


Foreword—Establishing A Firm Foundation For The Small Law Practice, Eric J. Gouvin Jan 2015

Foreword—Establishing A Firm Foundation For The Small Law Practice, Eric J. Gouvin

Faculty Scholarship

On March 26, 2014, the Western New England Law Review sponsored a symposium entitled "Firm Foundations: Managing the Small Firm and Individual Practitioner." The symposium presentations provided perspectives on the often-overlooked world of small firm practice.

A few influential books about the state of legal education and the future of the legal profession prompted public outcry from bar associations across the country to weigh in on the perceived problems of American legal education. The debate has resulted in some real changes in law school programs.

Legal education is in the midst of major changes. For decades, law schools have been ...


Law School Based Incubators And Access To Justice, Patricia Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek Jan 2015

Law School Based Incubators And Access To Justice, Patricia Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek

Faculty Scholarship

At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-selected others gathered at California Western School of Law for the Second Annual Conference on Law School Incubators and Residency Programs. The incubators that are the subject of this article tend to focus on transition to law practice and access to justice, and some are also working to incorporate technology for the practice of law as a means of enhancing access to justice. As more law schools decide to host, sponsor or offer an incubator, and following our panel discussion at the February 2015 incubator ...


Client Problem-Solving: Where Adr And Lawyering Skills Meet, Katherine R. Kruse, Bobbi Mcadoo, Sharon Press Jan 2015

Client Problem-Solving: Where Adr And Lawyering Skills Meet, Katherine R. Kruse, Bobbi Mcadoo, Sharon Press

Faculty Scholarship

Influenced by critiques of legal education, law schools are scrambling to offer more and better opportunities for experiential education. To fulfill the new demands for experiential education, one obvious place to turn is clinic pedagogy, which has developed methodologies for teaching students in the real-practice settings of in-house clinics and externships. As the interest in experiential education broadens, a wider spectrum of teaching methodologies comes under the experiential tent, creating opportunities to tap new sources of guidance for reshaping legal education.

This article turns the spotlight on one of these other, less obvious resources within legal education: the alternative dispute ...


Judging Statutes, Peter L. Strauss Jan 2015

Judging Statutes, Peter L. Strauss

Faculty Scholarship

Chief Judge Robert Katzmann has written a compelling short book about statutory interpretation. It could set the framework for a two- or three-hour legislation class, supplemented by cases and other readings of the instructor's choosing. Or it might more simply be used as an independent reading assignment as law school begins, to apprise 21st-century law students just how important the interpretation of statutes will prove to be in the profession they are entering, and how unsettled are the judiciary's means of dealing with them. It should be required reading for all who teach in the field.


Robert Katzmann's "Judging Statutes", Peter L. Strauss Jan 2015

Robert Katzmann's "Judging Statutes", Peter L. Strauss

Faculty Scholarship

Chief Judge Robert Katzmann has written a compelling short book about statutory interpretation, stressing the importance to sensible interpretation of knowing Congress as an institution (as few judges do). Both as a resource for teaching, and as a useful compendium of the current literature, it is a very welcome addition to the genre. Though he is careful and fair to both, readers will not be surprised to find his views on the purposive rather than the textualist side of the current disputes. The book could set the framework for a two or three hour legislation class supplemented by cases and ...


The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen Jan 2015

The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen

Faculty Scholarship

This essay reframes the debate over the "growing disjunction" between legal scholarship and legal practice. Law review articles continue to make the world a better place, the essay stipulates. But are judicial opinions becoming less useful to students and scholars? A rigorous analysis and concrete prescriptions follow.


Is This The Law Library Or An Episode Of The Jetsons?, Ronald Wheeler Jan 2015

Is This The Law Library Or An Episode Of The Jetsons?, Ronald Wheeler

Faculty Scholarship

In this brief essay penned for the inaugural online edition of the Journal of the Legal Writing Institute, Professor Wheeler discusses his vision for the future of law libraries and the future of legal research, legal research instruction, law teaching, and law related technologies.


Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Eliza Vorenberg, Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Lisa Bliss, Robin Boyle, Conrad Johnson, Susan Schechter, David Udell Jan 2015

Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Eliza Vorenberg, Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Lisa Bliss, Robin Boyle, Conrad Johnson, Susan Schechter, David Udell

Faculty Scholarship

This chapter of Building on Best Practices: Transforming Legal Education in a Changing World has contributions from many authors:

  • Section A, Professional Identity Formation, includes:
    • Teaching Knowledge, Skills, and Values of Professional Identity Formation, by Larry O. Natt Gantt, II & Benjamin V. Madison III,
    • Integrating Professionalism into Doctrinally-Focused Courses, by Paula Schaefer,
    • Learning Professional Responsibility, by Clark D. Cunningham, and
    • Teaching Leadership, by Deborah L. Rhode.
  • Section B, Pro Bono as a Professional Value, is by Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Susan Schechter, David S. Udell & Eliza Vorenberg.
  • Section C, The Relational Skills of the Law, includes ...


Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli Jan 2014

Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli

Faculty Scholarship

This article explains how, from 1920 to 1960, the role, or persona, of the law professor in the United States remained the situs of considerable rhetorical controversy that the role had been in the fifty years before 1920. On one hand, lawyers used rhetoric to promote a persona, that of a scholar, appropriate for the law professor situated within the university, a context suitable for the professionalization of law. On the other hand, different lawyers like Judge Jerome Frank used rhetoric to critique, often in a scathing manner, the scholar persona and put forth their own persona, that of a ...


One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene Jan 2014

One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene

Faculty Scholarship

Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening law students’ and new attorneys’ knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close ...


"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin Jan 2014

"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin

Faculty Scholarship

The sky is falling on legal education say the pundits, and preparing “practice ready” graduates is one of the best strategies for surviving the fallout. This is a millennialist version of the argument for clinical legal education that dominated discussion in the law schools in the 1960s and 1970s. The circumstances are different now, as are the people calling for reform, but the two movements are alike in one respect: both view skills training as legal education’s primary purpose. Everything else is a frolic and detour, and a fatal frolic and detour in hard times such as the present ...