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The Way Of Colorinsight: Understanding Race And Law Effectively Through Mindfulness-Based Colorinsight Practices., Rhonda Magee Dec 2015

The Way Of Colorinsight: Understanding Race And Law Effectively Through Mindfulness-Based Colorinsight Practices., Rhonda Magee

Rhonda V Magee

Most of us know that, despite the counsel of the current Supreme Court, colorblindness is not, by itself, an effective remedy against racism. This is so because it does not comport with our cognitive (or social) experience of the real world. Thus, legal scholars, backed by cognitive scientists, have called for a move from colorblindness to color insight -- defined as an understanding of race and its pervasive operation in our lives and in the law. This Article is the first to explore the role of research-grounded mindfulness-based contemplative practices in enhancing what may be called ColorInsight, and to suggest specific ...


"Of Law And The River," And Of Nihilism And Academic Freedom, Peter Martin, Robert Gordon, Paul Carrington, Paul Brest, Phillip Johnson, William Van Alstyne, Guido Calabresi, Owen Fiss Dec 2015

"Of Law And The River," And Of Nihilism And Academic Freedom, Peter Martin, Robert Gordon, Paul Carrington, Paul Brest, Phillip Johnson, William Van Alstyne, Guido Calabresi, Owen Fiss

Phillip Johnson

No abstract provided.


Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears Dec 2015

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears

David C. Brown

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition ...


Interactive Group Learning In The Legal Writing Classroom: An International Primer On Student Collaboration And Cooperation In Large Classrooms, Roberta Thyfault, Kathryn Fehrman Feb 2015

Interactive Group Learning In The Legal Writing Classroom: An International Primer On Student Collaboration And Cooperation In Large Classrooms, Roberta Thyfault, Kathryn Fehrman

Kathryn Fehrman

Research has long shown that students who work in small groups learn and retain more than students who are taught by other techniques. This crucial bit of information has led many scholars and educators to explore a variety of models for supporting and involving students in group learning. Part II of this article will provide an overview of the scholarship of collaborative and cooperative learning and the associated definitions and techniques. Part III discusses the application of collaborative and cooperative learning techniques in the law school classroom and special considerations and suggestions for international and large law school classrooms. Finally ...


How Not To Be Jaded When The World Is Going To The Bad Place In A Hand Basket, Kathryn Fehrman Feb 2015

How Not To Be Jaded When The World Is Going To The Bad Place In A Hand Basket, Kathryn Fehrman

Kathryn Fehrman

Five proactive steps for lawyers to take to prevent callous and jaded attitudes.


Making Lawyers Out Of Law Students: Shifting The Locus Of Authority, Kathryn Fehrman, Tim Casey Feb 2015

Making Lawyers Out Of Law Students: Shifting The Locus Of Authority, Kathryn Fehrman, Tim Casey

Kathryn Fehrman

This article proceeds in three parts. Recent critiques of legal education have centered on two main themes: the cost of legal education and the need for curricular reform (to teach law students to be lawyers rather than legal theorists). In the first and second sections of this article, we address the call for curricular reform and describe the innovative curricular design of the STEPPS Program at California Western School of Law as an answer to that call. The STEPPS Program, a required second-year course in ethics and skills, provides a unique forum for teaching the knowledge, skills, and values necessary ...


Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez Dec 2014

Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez

Rhonda V Magee

Chapter from the forthcoming book "Building on Best Practices: Transforming Legal Education in a Changing World" (2015). addresses the need of legal education to prepare cross-culturally competent lawyers. Outlines techniques and educational outcomes to develop law students' intercultural awareness.


On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball Dec 2014

On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball

Daniel R. Coquillette

Harvard Law School is the oldest and, arguably, the most influential law school in the nation. U.S. presidents, Supreme Court justices, and foreign heads of state, along with senators, congressional representatives, social critics, civil rights activists, university presidents, state and federal judges, military generals, novelists, spies, Olympians, film and TV producers, CEOs, and one First Lady have graduated from the school since its founding in 1817.
During its first century, Harvard Law School pioneered revolutionary educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic ...


The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles Collier Nov 2014

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles Collier

Charles W. Collier

No abstract provided.


The Maccrate Report: Of Loaves, Fishes, And The Future Of American Legal Education, John Costonis Mar 2014

The Maccrate Report: Of Loaves, Fishes, And The Future Of American Legal Education, John Costonis

John J. Costonis

No abstract provided.


The Louisiana State University Law Center’S Bijural Program, John Costonis Mar 2014

The Louisiana State University Law Center’S Bijural Program, John Costonis

John J. Costonis

No abstract provided.


Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan Jacobowitz Dec 2013

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan Jacobowitz

Jan L Jacobowitz

"Life isn't about finding yourself. Life is about creating yourself." - George Bernard Shaw.

"When students realize that everyone has a philosophy of how to conduct their lives - even those…[who] are unconscious of the philosophy have one, just not a sound one - they can understand the importance of engaging in the process of developing a philosophy that will guide them in life and in their jobs as lawyers." - Benjamin V. Madison III.

Students enter law school to become lawyers, but what does that really mean? What are a student’s values, hopes and dreams upon entering law school? Essentially ...


Mindful Ethics—A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan Jacobowitz, Scott Rogers Dec 2013

Mindful Ethics—A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan Jacobowitz, Scott Rogers

Jan L Jacobowitz

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation—an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation’s Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate ...


A Technological Trifecta: Using Videos, Playlists, And Facebook In Law School Classes To Reach Today’S Students, Dionne Anthon, Anna Hemingway, Amanda Smith Dec 2013

A Technological Trifecta: Using Videos, Playlists, And Facebook In Law School Classes To Reach Today’S Students, Dionne Anthon, Anna Hemingway, Amanda Smith

Anna P. Hemingway

This essay examines how law school education can be modernized through the use of technology. First, the essay acknowledges that the current use of technology in most law school classrooms lacks appeal to today’s students. It briefly explores the use of PowerPoints, podcasts, and clickers and suggests that students have grown bored with this technological trio because of overuse and familiarity. Second, the essay proposes that today’s students will be better served in class if professors would use the technology that students more typically use. It advocates for the addition of internet videos, music playlists, and Facebook groups ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Aug 2013

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Four Ways To Fix Law School, Vincent Rougeau Feb 2013

Four Ways To Fix Law School, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


Seasons & Sea Changes: Weathering The Storm, An Encouraging Tale, Linda Ammons Dec 2012

Seasons & Sea Changes: Weathering The Storm, An Encouraging Tale, Linda Ammons

Linda L. Ammons

Legal education is not immune to the realities of the marketplace. With declining applications, fewer jobs, and more and more demands from students, accrediting bodies, politicians, and employers (to name just a few), law schools and law deans are adjusting their expectations and programs to stay competitive and relevant. Managing the demands (realistic or not) of all of the constituencies who are a part of the greater law school universe, in good times, can be tricky. Trying to do so, when resources—some of which you control and others which you do not—are scarce can be complicated.

One thing ...


Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy Dec 2012

Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy

R. Michael Cassidy

The legal profession is facing profound and perhaps irreversible changes. Whether you view these striking demographics as a “crisis” likely depends on the location of your perch. If you are a tenured professor at a T14 law school or a senior partner at an NLJ 250 firm, you may view the trends we have been discussing today as cyclical corrections. If you are an unemployed graduate looking for work or an untenured professor at a lower-tier school that is struggling to stay afloat, you may be more likely to view these trends as permanent and paradigm shifting.

While applications to ...


Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz Dec 2012

Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz

Nancy Schultz

Advocacy skills are crucial to law students and lawyers. One of the ways law students develop those skills is in the context of lawyering skills competitions. Coaching advocacy teams is something many of us do by instinct and experience. This article explores whether there is any psychological research that might offer more systematic guidance for advocacy coaches. Positive psychology does offer some principles that suggest useful approaches to coaching. Taken together with the aforementioned instinct and experience, these principles can help coaches be more effective in training young lawyers for litigation and dispute resolution practice.


Thinking Outside The Box: Publication Opportunities Beyond The Traditional Law Review, Susan Chesler, Anna Hemingway, Tamara Herrera Dec 2012

Thinking Outside The Box: Publication Opportunities Beyond The Traditional Law Review, Susan Chesler, Anna Hemingway, Tamara Herrera

Anna P. Hemingway

Traditionally, legal scholarship within the academy has been defined somewhat by its heft and placement. There is value, however, in seeking diverse audiences found in often overlooked venues. This article presents several publication opportunities organized by intended audience: practitioners, law students and professors, and the general public.


Keeping It Real: Using Facebook Posts To Teach Professionalism And Professional Responsibility, Anna P. Hemingway Dec 2012

Keeping It Real: Using Facebook Posts To Teach Professionalism And Professional Responsibility, Anna P. Hemingway

Anna P. Hemingway

This Article examines how Facebook posts can be used to teach professionalism and professional responsibility in law schools. By providing graphic Facebook examples, it demonstrates and discusses the need to include instruction on professionalism and professional responsibility as the concepts relate to social networking. The Article suggests that today’s Generation Y law students develop and define their professionalism ideals and understand their professional responsibility, in part, in conjunction with the development of their online personas and their use of Facebook. It provides an in-depth analysis of four Facebook posts made by lawyers, clients, judges, and law students. It proposes ...


Beyond Practical Skills: Nine Steps For Improving Legal Education Now, R. Michael Cassidy Aug 2012

Beyond Practical Skills: Nine Steps For Improving Legal Education Now, R. Michael Cassidy

R. Michael Cassidy

It has been five years since the Carnegie Report “Educating Lawyers” called upon law schools to adopt an integrated approach to professional education that teaches practical skills and professionalism across the curriculum. Yet so far, very few schools have responded to this clarion call for wholesale curricular reform. Considering the inertial effect of traditional law school pedagogy and the institutional impediments to change, this delay is not surprising. A fully integrated approach to teaching professional skills (such as the medical school model) would require major resource reallocations, realignment of teaching responsibilities, redesign of courses, and a change to graduation requirements ...


Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado Mar 2012

Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado

Richard Delgado

The author, Professor Richard Delgado, takes as his point of departure a remark by the chair of the Colorado committee that voted academic sanctions against Ward Churchill. This essay explores the role of retaliatory motives in academic misconduct cases. In Churchill’s case, Colorado authorities delved deeply and painstakingly into Churchill’s publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 9/11 tragedy. What bearing should the investigation’s relation to the hue and cry that led to it have on its own ...


Learning Law While Walking The Dog: The Pedagogical Potential Of Podcasting, Kenneth Kristl Feb 2012

Learning Law While Walking The Dog: The Pedagogical Potential Of Podcasting, Kenneth Kristl

Kenneth T Kristl

The typical law school classroom for a doctrinal course utilizes a learning structure that limits opportunities for students to learn directly from the professor. Time constraints inherent in the need for coverage and the desire to keep the class engaged encourages movement through the material. Cognitivist learning theory views learning as involving the movement of information from sensory memory (perception) into short-term, working memory for analysis and organization, and then into long-term memory for storage. This process of information movement suggests that the typical law school classroom creates impediments to student learning. Distracted students who fail to capture the concept ...


Accomplishing Your Scholarly Agenda While Maximizing Students’ Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway Dec 2011

Accomplishing Your Scholarly Agenda While Maximizing Students’ Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway

Anna P. Hemingway

In response to the demands of prospective law students, pressure from outside law organizations, and forces from within the legal academy, law schools are offering more skills training for students and more job security for Legal Methods professors. As a result, Legal Methods professors’ primary responsibilities in the legal academy are changing from a single focus of teaching to a dual focus of teaching and scholarship. Although the changes are welcomed, the task of producing scholarship remains especially difficult for Legal Methods professors because in many instances they still lack the necessary funding and time to fulfill this new obligation ...


The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Heminway Oct 2011

The Best Of Times, The Worst Of Times: Securities Regulation Scholarship And Teaching In The Global Financial Crisis, Joan Heminway

Joan M Heminway

This short piece is an annotated version of remarks that I gave to introduce a roundtable discussion on securities regulation scholarship at the University of Maryland School of Law program on “Corporate Governance and Securities Law Responses to the Financial Crisis” held on April 17, 2009. The piece represents my current thoughts about what it is like to teach, research, and write in the area of securities regulation. Ultimately, the message I deliver is a positive one; there is much opportunity for securities regulation teachers and scholars in an environment like the one we have been wrestling with since at ...


Educating Lawyers With A Global Vision, Phoebe Haddon Feb 2011

Educating Lawyers With A Global Vision, Phoebe Haddon

Phoebe A. Haddon

This article is based on a presentation made at Justice & the Global Economy, a conference celebrating the appointment of Phoebe A. Haddon as the ninth Dean of the University of Maryland School of Law, October 3, 2009.


Back To The Future In Law Schools, William Reynolds Feb 2011

Back To The Future In Law Schools, William Reynolds

William L. Reynolds

This paper first argues for the maintenance of the traditional first-year curriculum. It does so in the context of an examination of what most lawyers do in practice and, therefore, what most lawyers should know. This portion includes a defense of the Socratic Method. The paper then addresses contemporary concerns about legal education, including the devaluation of courses in the private law curriculum, and considers why legal academics are not interested in private law.


Educating Lawyers To Meditate?, Rhonda Magee Dec 2010

Educating Lawyers To Meditate?, Rhonda Magee

Rhonda V Magee

No abstract provided.


Growin’ Up: An Assessment Of Adult Self-Image In Clinical Law Students, Judith Ritter Dec 2010

Growin’ Up: An Assessment Of Adult Self-Image In Clinical Law Students, Judith Ritter

Judith L Ritter

My thesis is that a majority of law students do not view themselves as adult professionals. When upper-class law students participate in live-client clinical programs, their lack of an adult self-image presents a barrier to effectiveness.

This article draws upon theories of psychological and moral development to explore the ingredients of being an adult and having an adult self-image. It examines the obstacles to development confronted by contemporary law students. The article explains the ways in which having an adult self-image is so important to the success of the student lawyer and how lacking an adult self-image can diminish the ...