Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Legal education

2016

Discipline
Institution
Publication

Articles 1 - 30 of 40

Full-Text Articles in Law

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 ...


Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach Jul 2016

Learning Intentionally And The Metacognitive Task, Patti Alleva, Jennifer A. Gundlach

Hofstra Law Faculty Scholarship

This article serves both to frame The Pedagogy of Procedure symposium it introduces and to itself explore the importance of metacognition and learning about learning to legal education and lawyering. The authors begin by suggesting why Civil Procedure doctrine is so challenging to teach and learn, noting how the symposium pieces help to tackle those challenges. They then join the growing number of law professors who advocate that learning how to learn deserves greater attention in the law school curriculum, suggesting that law schools should do more to demonstrate respect for the process of learning as an end in itself ...


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.


"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson May 2016

"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson

Law Faculty Publications

Review of R. H. Helmholz's book, Natural Law In Court: A History of Legal Theory in Practice (2015); and David M. Rabban's book, Law's History: American Legal Thought and the Transatlantic Turn to History (2013).


Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue May 2016

Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

Law Faculty Publications

Review of Carel Stolker's book, Rethinking the Law School.


Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg Apr 2016

Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg

Faculty Publications

Among the more important decisions a law teacher makes when preparing a new course is what materials to assign. Criminal procedure teachers are spoiled for choice, with legal publishers offering several options written by teams of renowned scholars. This Article considers how a teacher might choose from the myriad options available and suggests two potentially overlooked criteria: weight and price.


Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Mar 2016

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places ...


One Model Of Collaborative Learning For Medical And Law Students At The University Of Baltimore And Johns Hopkins University, Gregory Dolin, Natalie Ram Mar 2016

One Model Of Collaborative Learning For Medical And Law Students At The University Of Baltimore And Johns Hopkins University, Gregory Dolin, Natalie Ram

All Faculty Scholarship

Medicine, like law, is sometimes referred to as a “conservative” profession, as both can change slowly, stifling innovation. While the art of medicine has produced important advances, there is at least one part of medicine that has not changed much in more than 100 years. Nearly all American medical schools have followed much the same educational model since Abraham Flexner published his famous report on the state of American medical education in 1910. The educational model promoted by that report emphasizes teaching students the science of medicine, but it is not well equipped for teaching students about the practicalities of ...


Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin Mar 2016

Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin

Faculty Journal Articles

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: Praise For Our Faculty In 'Princeton Review': 02-03-2016, Michael Yelnosky Feb 2016

Trending @ Rwu Law: Dean Yelnosky's Post: Praise For Our Faculty In 'Princeton Review': 02-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.


The Future Of Work: Apps, Artificial Intelligence, Automation And Androids, David R. Barnhizer Jan 2016

The Future Of Work: Apps, Artificial Intelligence, Automation And Androids, David R. Barnhizer

Law Faculty Articles and Essays

The analysis offered here is not a Neo-Luddite rage against “the machine.” As with the oft-stated reproach about paranoia, there sometimes really are situations in which people are “out to get you.” In our current situation the threat is not from people but from the convergence of a set of technological innovations that are and will increasingly have an enormous impact on the nature of work, economic and social inequality and the existence of the middle classes that are so vital to the durability of Western democracy. The fact is that developed nations’ economies such as found in Western Europe ...


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.


A Missing Link For Producing Practice-Ready Law Graduates And For Narrowing The Expectations-Reality Gap: 1l Judicial Internships, Inti Martinez-Aleman Jan 2016

A Missing Link For Producing Practice-Ready Law Graduates And For Narrowing The Expectations-Reality Gap: 1l Judicial Internships, Inti Martinez-Aleman

Student Scholarship

Mitchell Hamline School of Law (MHSL) is in a privileged position to help redefine legal education in the United States. Its two predecessor schools, William Mitchell College of Law and Hamline University School of Law, were regarded as practice-focused and devoted to public service. As it goes through its first year since the law schools combined, MHSL’s new Dean and President, Mark C. Gordon, is positioned to carve out a bright future for the school’s next 100 years. If the model MHSL implements proves to be groundbreaking—as the Langdellian model was for American legal education starting in ...


Criminal Defense Clinic, Legal Clinic Program Jan 2016

Criminal Defense Clinic, Legal Clinic Program

Course Descriptions and Information

This clinic focuses on the representation of indigent clients charged with misdemeanor criminal offenses in county courts in the Ninth Judicial Circuit of Florida. Students will represent low-income clients charged with misdemeanor criminal offenses from the surrounding community as well as those defendants appointed by the court who qualify for free legal services.


Community Economic Development, Legal Clinic Program Jan 2016

Community Economic Development, Legal Clinic Program

Course Descriptions and Information

This clinic emphasizes transactional practice skills. This clinic provides short term counseling in a broad range of small business matters such as corporations, limited liability companies, partnerships, intellectual property, copyright, trademark, privacy law, nonprofit organizations, art groups as well as the legal requirements for starting a small business. Students provide direct legal assistance, counseling, representation, community legal education, and informational materials to new and mature for-profit and non-profit organizations, individuals and community groups seeking to better the economic, social, equitable and cultural well-being of low income communities.


Homelessness And Legal Advocacy, Legal Clinic Program Jan 2016

Homelessness And Legal Advocacy, Legal Clinic Program

Course Descriptions and Information

This clinic offers a comprehensive set of legal services focused on assisting and empowering low income individuals in their interaction with the legal system. Students explore the facets of homelessness and the role of legal advocacy in addressing its causes and alleviating its consequences.


Public Defender Externship, Legal Clinic Program Jan 2016

Public Defender Externship, Legal Clinic Program

Course Descriptions and Information

Students represent indigent clients through various Public Defender offices in Central Florida in all phases of the criminal justice system under the direct supervision of Assistant Public Defenders.


Prosecution Externship, Legal Clinic Program Jan 2016

Prosecution Externship, Legal Clinic Program

Course Descriptions and Information

The Prosecution Externship offers students the opportunity to practice criminal law as a certified legal intern under the direct supervision of an on-site supervising Assistant State Attorney. The student extern observes and participates in a range of prosecutorial duties, namely: recommending appropriate charges for new cases; negotiating pleas; drafting and arguing pre-trial motions; and participating in trials.


Mediation, Legal Clinic Program Jan 2016

Mediation, Legal Clinic Program

Course Descriptions and Information

Students will learn and develop skills crucial to the role of mediators and legal professionals. By focusing and implementing mediation methodologies, students will learn skills of active listening and communications; conflict, issue and interests spotting, information gathering and negotiations techniques; problem-solving strategies and approaches; and effective mediation settlement agreement drafting.


Housing, Legal Clinic Program Jan 2016

Housing, Legal Clinic Program

Course Descriptions and Information

Students in this clinic help protect the rights of low-income tenants who are faced with an immediate threat of losing their homes due to an eviction or foreclosure. In addition, students assist housing applicants who are requesting a return of their security deposit, seeking to avoid utility shut-offs and lock-outs, termination of public and subsidized housing , loan modifications and loss mitigation and landlord tenant disputes.


Guardian Ad Litem, Legal Clinic Program Jan 2016

Guardian Ad Litem, Legal Clinic Program

Course Descriptions and Information

GUARDIAN AD LITEM (GAL): This clinic focuses on legal advocacy on behalf of children, while providing students with a strong foundation in lawyering skills and values. This clinic addresses constitutional, statutory, and common laws impacting children, the legal interests of parents, and the government and the law’s evolving conception of children’s rights.


"No Country For Old Men": Junior Associates And The Real-World Practice Of Law, Ian Gallacher Jan 2016

"No Country For Old Men": Junior Associates And The Real-World Practice Of Law, Ian Gallacher

College of Law Faculty - Scholarship

Law schools are designed to teach students about the doctrine of law and to help them prepare their skills to practice law. There are some practical aspects of law practice, though, that are rarely if ever discussed in law school. Perhaps this is because of an assumption that law firms will make these issues clear to the students they hire as associates, or perhaps it is because of a belief that such information has no place in the curriculum of an academic institution.

Whatever the reason, this is information law students should have as they begin to think about where ...


Practicing Practical Wisdom, Deborah J. Cantrell, Kenneth Sharpe Jan 2016

Practicing Practical Wisdom, Deborah J. Cantrell, Kenneth Sharpe

Articles

Wisdom is not an innate character trait; no one automatically is wise; wisdom is learned and acquired. More importantly, one can learn and acquire wisdom intentionally and skillfully — one can practice it. And, if the practice is structured in particular ways, the practice will improve one’s capacities to act with wisdom. This article clarifies theoretical muddiness and pedagogical imprecision by bringing together two important and robust strands of legal ethics literature. The first strand focuses on what the appropriate role of a lawyer is in a just society, while the second focuses on how a lawyer learns to be ...


Against Professing: Practicing Critical Criminal Procedure, Mae C. Quinn Jan 2016

Against Professing: Practicing Critical Criminal Procedure, Mae C. Quinn

UF Law Faculty Publications

I continue to “teach” Criminal Procedure as one of my core courses. I do so while trying my best to stay true to my values and commitments, surfacing the tensions and deficits I have described, and using concrete examples to drive home the many disparities and dysfunctions that still exist in this country despite the development of decades of criminal procedure doctrine. I try to encourage students to embrace their roles and responsibilities both as representatives of clients and change agents in this deeply imperfect system—urging them to consider what it might take to be an effective advocate for ...


Teaching Cost-Effective Research Skills: Tips For Effective And Efficient Legal Research, Rebecca Mattson, Theresa K. Tarves Jan 2016

Teaching Cost-Effective Research Skills: Tips For Effective And Efficient Legal Research, Rebecca Mattson, Theresa K. Tarves

Law Library Faculty Works

Being a cost-effective researcher is not necessarily just about the legal research resources available where an attorney practices. Budgetary concerns are prevalent across all legal markets, from solos and public interest to large law firms. As the legal field struggles with clients who want greater efficiencies from their attorneys and alternative fee arrangements, many of which state that attorneys will not bill clients for legal research database fees, it is becoming more important than ever to teach law students and attorneys how to use alternative resources effectively and efficiently.


Why Can't I Just Use Lexis Or Westlaw? Promoting Lesser Known Legal Research Platforms To Law Students, Theresa K. Tarves Jan 2016

Why Can't I Just Use Lexis Or Westlaw? Promoting Lesser Known Legal Research Platforms To Law Students, Theresa K. Tarves

Law Library Faculty Works

It can be difficult to convince law students to try new resources outside of Westlaw and Lexis, especially when these two resources seemingly have it all from a law student’s perspective. How do we expose law students to lesser known legal research resources so that they can be well-informed researchers who do not become dependent on only a few resources to carry them through their entire legal careers?


Do We Need Subject Matter-Specific Pedagogies?, Kris Franklin Jan 2016

Do We Need Subject Matter-Specific Pedagogies?, Kris Franklin

Articles & Chapters

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 ...


What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss Jan 2016

What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss

Articles

Despite the rise of “big data” empiricism, law school admission remains heavily impressionistic; admission decisions rely on anecdotes about recent students, idiosyncratic preferences for certain majors or jobs, or mainly the Law School Admission Test (LSAT). Yet no predictors are well-validated and studies of the LSAT or other factors fail to control for other factors. The lack of evidence for what actually predicts law school success is especially surprising since, after the 2010s downturn, law schools now compete for fewer applicants. We fill this gap with a two-school, 1,400-student, 2005--2011 longitudinal study. We coded nondigitized applicant data and used ...


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 ...