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Articles 1 - 19 of 19
Full-Text Articles in Law
Take An Active Role In Improving Legal Education, Wes R. Porter
Take An Active Role In Improving Legal Education, Wes R. Porter
Publications
As a law professor, catching up with classes, scholarship, and other work after a conference is always challenging. Last month, I returned to San Francisco from the first gathering of the previously-only-virtual community connected through the Educating Tomorrow’s Lawyers Initiative (ETL) and website. ETL, through a conference entitled "The Development of Professional Identity in Legal Education," brought together teams from its consortium schools, its ETL fellows, and many other legal education reform advocates. Upon my return, I was confronted with yet another demand on my time (and on my brain). Ideas. Many, many ideas.
Use Of Role Play And Interview Modes In Law Clinic Case Rounds To Teach Essential Legal Skills And To Maximize Meaningful Participation, Helen Kang
Publications
Case rounds are a common feature of the seminar component of clinical programs. This article describes using in the case rounds setting multiple design elements, including role plays and formalized interviews, to enhance student learning and engagement. In the rounds described here, a student presenter is asked to adopt the role of her opponent in her clinic case and to explain succinctly the opponent's case, followed by an informational session in which the student presenter is allowed only to give short answers in response to questions from her clinic peers; and after the question-and-answer session, students and their professors debrief …
Beyond The Shelves: Westlawnext Vs. Lexis Advance, Jodi Collova
Beyond The Shelves: Westlawnext Vs. Lexis Advance, Jodi Collova
Publications
WestlawNext and Lexis Advance — the new generation of legal research systems from Thomson Reuters and LexisNexis — have a new interface with a single search box like Google, a new search engine and other new features. While they share many similar new attributes, the two systems differ in several ways.
So Your Paralegal Is Applying To Law School, Angela Dalfen
So Your Paralegal Is Applying To Law School, Angela Dalfen
Publications
More than 40,000 individuals will apply to law school this fall. Some of them no doubt work in your law office, and may be asking you to write a letter of recommendation to add to their application materials. You may be surprised to learn that these letters do get read. In fact, a strong letter of recommendation from someone familiar with the applicant's strengths and level of exposure to the realities of day-to-day legal practice can make a big impact. These letters often tip the scales when an admissions committee is uncertain whether to admit a candidate with a perceived …
An Early Exercise In Trial Ad: Advocacy Personality Presentations, Wes R. Porter
An Early Exercise In Trial Ad: Advocacy Personality Presentations, Wes R. Porter
Publications
'What is the "most productive" early exercise in trial advocacy? Through experimentation, I think I may have found it. Let's call it "Advocacy Personality Presentations."
Book Review: The Oxford Handbook Of Empirical Legal Rearch, William T. Gallagher
Book Review: The Oxford Handbook Of Empirical Legal Rearch, William T. Gallagher
Publications
The Oxford Handbook of Empirical Legal Research, edited by Peter Cane and Herbert M. Kritzer, is an excellent scholarly resource that is especially timely given the recent resurgence of interest by (mostly) legal academics in the empirical study of law. As the editors suggest, it is precisely because of this resurgent interest that it is important to understand contemporary empirical legal research in the context of its historical and institutional roots and in light of ongoing scholarly debate about the most appropriate methodologies for conducting this type of research.
The Aspiring Attorney With Adhd: Bar Accommodations Or A Bar To Practice?, Neha M. Sampat, Esme V. Grant
The Aspiring Attorney With Adhd: Bar Accommodations Or A Bar To Practice?, Neha M. Sampat, Esme V. Grant
Publications
This Article is the first in the academic literature to examine how a strict application of the childhood history requirement reduces the likelihood that applicants will receive ADHD accommodations on the bar exam based on race, sex, socioeconomic status, location, and age. Part One provides an introduction to ADHD, explaining the diagnostic framework and its limitations, specifically with regard to childhood diagnosis and adult ADHD. Part Two describes the legal and policy framework applicable to bar examiner agencies, focusing on the Americans with Disabilities Act ("ADA"). The Article sets forth, in Part Three, state bar policies and practices regarding ADHD …
Text Is Still A Noun: Preserving Linear Text-Based Literacy In An E-Literate World, Mark Yates
Text Is Still A Noun: Preserving Linear Text-Based Literacy In An E-Literate World, Mark Yates
Publications
In this Article, I will argue that, as legal educators, we must balance our use of technology for pedagogical purposes against the importance of preserving linear, text-based literacy. In Part I, I examine recent works that examine the societal impact of digital technology and the Internet. Three important books in particular, by Nicholas Carr, Mark Bauerlein, and Steven Johnson, warrant in-depth discussion because they frame the broader debate about the costs and benefits of new technology. In Part II, I will examine the discussion among legal educators about the use of technology in the classroom and how we have responded …
The Legal Clinic Is More Than A Sign On The Door: Transforming Law School Education In Revolutionary Egypt, Stephen A. Rosenbaum
The Legal Clinic Is More Than A Sign On The Door: Transforming Law School Education In Revolutionary Egypt, Stephen A. Rosenbaum
Publications
There is little consensus on what the January 25, 2011 Revolution in Egypt stands for, or whether Egyptians are living through the Revolution or in a post-Revolutionary State. Skeptics say that what occurred is the overthrow of an autocratic President, the retention of an Old Guard military and civil service establishment, and the potential for free and fair national elections. They contend, however, that this seminal event in the Arab Spring produced no revolutionary leadership and no clear platform or message. Is there a role for law schools in the revolutionary transformation?
In this article, the author describes the changes …
Clinique Togo: Changing Legal Practice In One African Nation In Six Days, Stephen A. Rosenbaum
Clinique Togo: Changing Legal Practice In One African Nation In Six Days, Stephen A. Rosenbaum
Publications
In this essay, the author looks at the role of the short-term rule of law consultant in a developing country. The setting is Togo in francophone Africa and the State Department's mandate for the consultant is to help establish a pro bono indigent legal aid program with participation by the national bar association and the country's principal law school — in one week's time. Using the device of a daily journal, the author describes (1) the background for the visit, (2) the series of exchanges with his hosts from the US Embassy, bar association and Université de Lomé, (3) the …
Teaching For Lifelong Learning: Improving The Metacognitive Skills Of Law Students Through More Effective Formative Assessment Techniques, Anthony S. Niedwiecki
Teaching For Lifelong Learning: Improving The Metacognitive Skills Of Law Students Through More Effective Formative Assessment Techniques, Anthony S. Niedwiecki
Publications
Part II of this article focuses on the need to prepare law students to be expert learners because they will be constant learners in the practice of law. Part III details the concept of metacognition and its role in preparing students to be self-regulated learners. It discusses the components of metacognition, its role in law school, and the current push to include better metacognitive training in law school. Part IV details how formative assessment can be better utilized in improving the metacognitive skills of students. Specifically, it explains the best practices of formative assessment and how professors can adjust their …
The Crisis Of The American Law School, Paul Campos
The Crisis Of The American Law School, Paul Campos
Publications
The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
Publications
Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.
David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter
David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter
Publications
No abstract provided.
The Faculty Workshop, Pierre Schlag
The Faculty Workshop, Pierre Schlag
Publications
This essay explores the ubiquitous law school institution, “The Faculty Workshop,” as an entrée into and manifestation of contemporary American legal thought. The Faculty Workshop is examined both as a regulator and expression of legal thought - at once governance system and symptom. We close by discussing “Stage 4.”
A Shift To Narrativity, Derek H. Kiernan-Johnson
A Shift To Narrativity, Derek H. Kiernan-Johnson
Publications
Slipshod, inconsistent use of core Applied Legal Storytelling terminology muddles its discourse and hampers its growth. Refining the field’s vocabulary is essential, but insufficient, as exclusive focus on the field’s objects of inquiry, such as story and narrative, and the means of creating or conveying them, such as storytelling and narrating, risks losing the “A” in ALS. We need a new focus, one unburdened by the ambiguities and negative associations of existing options that more accurately reflects Applied Legal Storytelling scholars’ unique contributions. A shift to narrativity. Narrativity, as imagined here, is a top-level quality of a legal text or …
From Tiger Mom To Panda Parent, Peter H. Huang
From Tiger Mom To Panda Parent, Peter H. Huang
Publications
This response to Yale Law Professor Amy Chua’s book, Battle Hymn of the Tiger Mother, complements a much longer and related article that is also in part a response to Chua’s book: Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting, 1 British Journal of American Legal Studies 297 (2012). This brief essay discusses the cultural differences between Chinese and Western views about education, learning, and parenting. This editorial draws on research in social psychology to analyze the stereotype of Asians and Asian Americans as being competent yet unsociable. Finally, this reflection draws …
Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang
Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang
Publications
I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have gamed the U.S. …
"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss
"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss
Publications
There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …