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Full-Text Articles in Law

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

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

Boston College Law School Faculty Papers

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 changes to graduation requirements. While ...


Education For The Law: Reflective Education For The Law, Filippa M. Anzalone Jan 2010

Education For The Law: Reflective Education For The Law, Filippa M. Anzalone

Boston College Law School Faculty Papers

No abstract provided.


A Methodology For Mentoring Writing In Law Practice: Using Textual Clues To Provide Effective And Efficient Feedback, Jane Kent Gionfriddo, Daniel Barnett, E. Joan Blum Jan 2009

A Methodology For Mentoring Writing In Law Practice: Using Textual Clues To Provide Effective And Efficient Feedback, Jane Kent Gionfriddo, Daniel Barnett, E. Joan Blum

Boston College Law School Faculty Papers

Becoming a successful legal writer is a process that begins in law school and continues intensively during the beginning years of a lawyer's career. Throughout this process, in both contexts, a writer benefits enormously from feedback on his analysis, and how that analysis is conveyed, from those more experienced. Much has been written about how legal educators should respond to student written work, yet little addresses the role that supervising attorneys can play in mentoring the writing of less experienced colleagues. This article therefore proposes a methodology to help supervisor-mentors provide, in an efficient manner, effective feedback on junior ...


Conversation In Aid Of A “Conspiracy” For Truth: A Candid Discussion About Jesuit Law Schools, Justice, And Engaging The Catholic Intellectual Tradition, Gregory A. Kalscheur S.J. Jun 2008

Conversation In Aid Of A “Conspiracy” For Truth: A Candid Discussion About Jesuit Law Schools, Justice, And Engaging The Catholic Intellectual Tradition, Gregory A. Kalscheur S.J.

Boston College Law School Faculty Papers

This essay responds to the critique of Jesuit legal education developed by John Breen in two recent articles. I endorse Breen’s call for a candid discussion of how Jesuit Catholic law schools might go about embodying a characteristic that should be at the heart of their mission: a commitment to engaging the Catholic intellectual tradition in the intellectual life of the law school. Law schools that wish to be taken seriously as Jesuit law schools must in fact be places where engagement with the Catholic intellectual tradition is part of the air that gives life to the academic mission ...


The Academic Doctorate In Law: A Vehicle For Legal Transplants?, Gail J. Hupper Apr 2008

The Academic Doctorate In Law: A Vehicle For Legal Transplants?, Gail J. Hupper

Boston College Law School Faculty Papers

In our current era of globalization, there has been considerable writing about the ways in which U.S. ideas about law are diffused to other countries. While some of this literature refers to graduate degrees for foreign lawyers, most authors ignore the nature of the degree itself and the complexity of the U.S. legal educational environment in which the degree is pursued. This article argues that the academization and internationalization of U.S. legal education, combined with the growing dominance of U.S. legal models worldwide, has produced an unprecedented level of interest in U.S. S.J.D ...


Beyond The Ada: How Clinics Can Assist Law Students With “Non-Visible” Disabilities To Bridge The Accommodations Gap Between Classroom And Practice, Alexis Anderson, Norah Wylie Apr 2008

Beyond The Ada: How Clinics Can Assist Law Students With “Non-Visible” Disabilities To Bridge The Accommodations Gap Between Classroom And Practice, Alexis Anderson, Norah Wylie

Boston College Law School Faculty Papers

This article examines how best to educate law students with disabilities so that they can successfully transition from classroom to practice. At the very time that the importance of experiential learning is being trumpeted as critical to the preparation of all law students for practice, all too little attention has been given to the role of clinical education in helping students with non-visible disabilities succeed in their chosen careers. Increasingly, law students are seeking accommodations for a range of mental health, cognitive, and learning disabilities. Law schools have become more adept at providing accommodations in academic classes to qualified students ...


Teaching In Practice: Legal Writing Faculty As Expert Writing Consultants To Law Firms, E. Joan Blum, Kathleen E. Vinson Apr 2008

Teaching In Practice: Legal Writing Faculty As Expert Writing Consultants To Law Firms, E. Joan Blum, Kathleen E. Vinson

Boston College Law School Faculty Papers

As experts in the pedagogy and substance of legal writing, full-time legal writing faculty who serve as writing consultants to law firms help fill an increasing need for training and support of lawyers. In addition to providing a direct benefit to lawyers and their firms, this practice benefits the legal academy by providing fresh ideas for teaching and scholarship. This article discusses generally the practice of legal writing consulting in law firms by full-time legal writing faculty. The article provides background in theory and practice, addressing why law firms seek outside consultants for this type of training and support and ...


Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Kent Gionfriddo Dec 2007

Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction’s law at a particular point in time; in reality, however, many lawyers aren’t able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don’t necessarily use ...


Form Ever Follows Function: Using Technology To Improve Feedback On Student Writing In Law School, Daniel Barnett Oct 2007

Form Ever Follows Function: Using Technology To Improve Feedback On Student Writing In Law School, Daniel Barnett

Boston College Law School Faculty Papers

Critiquing student writing is an important responsibility of many law professors. While the focus of a teacher's critique should be on the substance of the feedback, teachers should also consider the form of the critique to ensure that they are providing the necessary guidance to students effectively and efficiently. When choosing the critique format, teachers have a variety of options, including several electronic techniques. Unfortunately, many teachers have not considered the use of technology to comment on student writing. However, advances in technology coupled with the technological savvy and comfort level of today's student, may eventually dictate that ...


Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay Apr 2007

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Boston College Law School Faculty Papers

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns ...


The Rise Of An Academic Doctorate In Law: Origins Through World War Ii, Gail J. Hupper Mar 2007

The Rise Of An Academic Doctorate In Law: Origins Through World War Ii, Gail J. Hupper

Boston College Law School Faculty Papers

The rise of the academic doctorate in law (a degree most U.S. scholars have either ignored or deprecated) is an important chapter in the story of law’s coming of age as an academic discipline in the first half of the 20th century. Drawing in part on continental European models, the architects of the degree shaped it into a vehicle for training a new class of law teachers, producing research into the nature and functioning of the legal system, and spreading emerging conceptions of law to a broader national audience. Notable among these conceptions were the “sociological jurisprudence” of ...


The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette Dec 2006

The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette

Boston College Law School Faculty Papers

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance ...


Triage In The Trenches Of The Legal Writing Course: The Theory And Methodology Of Analytical Critique, Daniel Barnett Oct 2006

Triage In The Trenches Of The Legal Writing Course: The Theory And Methodology Of Analytical Critique, Daniel Barnett

Boston College Law School Faculty Papers

Providing feedback to written work is one of the most important and challenging aspects of teaching legal writing. Legal writing professors spend a great deal of time and energy critiquing and grading student work. However, few legal writing professionals begin teaching with any formal training on providing feedback to novice legal writers. Fortunately, giving useful comments on student writing is a skill that can be learned. To begin, teachers must learn to prioritize feedback on the most important analytical problems on draft assignments. Focusing on analytical deficiencies helps students understand that substantive problems must be corrected before writing and stylistic ...


The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette May 2006

The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette

Boston College Law School Faculty Papers

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance ...


"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay Jan 2006

"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay

Boston College Law School Faculty Papers

This Article describes an alternative model for the process of legal counseling, a model applicable to a very common counseling experience ignored by the conventional Interviewing and Counseling texts—the experience of obtaining negotiating and settlement authority from a client. Counseling is, of course, a basic lawyering skill taught in law school clinics and in simulation courses. It is one of the most critical elements of good lawyering, and it is a skill which can be taught, and taught through the use of models. Every lawyering skills book available includes instruction about effective counseling. But when one reviews the available ...


Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham Sep 2005

Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

Accounting textbooks for law or business schools invariably provide secondary narrative presentations of materials in the authors’ own words. A better approach to learning this subject is to present thematically arranged original accounting pronouncements. In so designing this innovative book, readers appreciate how accounting is a tool that provides conceptual organization to economic exchange. The tool facilitates analyzing legal, business and public policy aspects of the transactions that accounting addresses. The original accounting standards, as well as SEC enforcement actions, presented in this book illuminate why transactions are pursued and related decisions made, economic aspects of transactions, and the conceptual ...


Why I Teach (A Prescription For The Post-Tenure Blues), R. Michael Cassidy Sep 2005

Why I Teach (A Prescription For The Post-Tenure Blues), R. Michael Cassidy

Boston College Law School Faculty Papers

In this brief essay from a collection of articles designed to demonstrate the scope and breadth of issues in legal pedagogy, Professor Michael Cassidy explores an important psychological event for many in the legal academy - the post-tenure blues. He offers reasons to keep doing what we do - teach with joy, inspiration and a sense of purpose for the next generation. He encourages us to think of our own reasons for what keeps us going in an occupation that many of us think is one of the best in the world.


"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy Jun 2005

"I See And I Remember; I Do And Understand": Teaching Fundamental Structure In Legal Writing Through The Use Of Samples, Judith B. Tracy

Boston College Law School Faculty Papers

A first-year legal reasoning and writing curriculum is designed to introduce students to the analytical skills and organizational tools needed for the preparation of effective objective and then persuasive documents. This article describes how to use samples to enable students to self-identify a general, logical structure for a document, considering its content, its audience and purpose, and the realities of legal practice.


Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng Apr 2005

Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng

Boston College Law School Faculty Papers

Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client’s culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to people who are different from him- or herself unconsciously in ways that may be culturally insensitive and discriminatory and that this human reaction occurs despite awareness of the general values, attitudes, and beliefs of the client’s culture. It therefore suggests that multicultural lawyering training should ...


'The Reasonable Zone Of Right Answers': Analytical Feedback On Student Writing, Jane Kent Gionfriddo Mar 2005

'The Reasonable Zone Of Right Answers': Analytical Feedback On Student Writing, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

This article develops the theory behind and practice of written analytical feedback on student writing for law practice. After Section I, which provides an introduction, Section II discusses the theory. It begins by addressing the function of legal writing classes in teaching students how to produce the kind of accurate and precise analysis that is the necessary foundation for documents useful in law practice. The section then goes on to discuss how this focus on analysis requires legal writing teachers to play a dual role—that of a legal educator as well as reader in law practice—in providing written ...


Ethics In Externships: Confidentiality, Conflicts, And Competence Issues In The Field And In The Classroom, Alexis Anderson, Arlene Kanter, Cindy R. Slane Oct 2004

Ethics In Externships: Confidentiality, Conflicts, And Competence Issues In The Field And In The Classroom, Alexis Anderson, Arlene Kanter, Cindy R. Slane

Boston College Law School Faculty Papers

Law school faculty engaged in externship teaching have long recognized that the tripartite nature of externship practice, which joins law students, field supervisors, and faculty supervisors in the common enterprise of providing students with opportunities to observe, participate in, and reflect on the work that lawyers do in various practice settings, gives rise to ethical issues that are in some ways distinct from the ethical issues commonly encountered in in-house clinical settings. This article explores the challenges facing each of the externship players with respect to a number of such issues, all clustering around three central professional obligations lawyers owe ...


"The Purer Fountains": Bacon And Legal Education, Daniel R. Coquillette Mar 2004

"The Purer Fountains": Bacon And Legal Education, Daniel R. Coquillette

Boston College Law School Faculty Papers

Today, the classical underpinnings of American legal education are under intense critical review. The dominant pedagogy, the case book and the Socratic method, were established by Christopher Columbus Langdell (1806-1906) at Harvard Law School more than a century ago. Together with Langdell's first year curriculum, which was exclusively focused on Anglo-American common law doctrine, and his emphasis on a competitive, anonymous graded meritocracy, this system still exercises an incredible grip on elite American law schools. But Langdell's 19th Century model has now been challenged by many rivals, including critical legal studies, law and economics empiricism, global curriculums, and ...


An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgram Fillings., Mary Ann Chirba, Carolyn M. Welshhans Jan 2004

An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgram Fillings., Mary Ann Chirba, Carolyn M. Welshhans

Boston College Law School Faculty Papers

Trying to buy a mercury thermometer at the local pharmacy these days will result in a deluge of information regarding the risks of mercury and the proper disposal protocol for mercury thermometers as hazardous waste. Yet, inquiring about the risks of placing mercury in one’s mouth, in the form of a dental filling, is likely to meet with resounding assurances of safety from the dental profession. While such comforting disclaimers are meant to ease patient concerns, many continue to worry about the safety of dental mercury. This article will begin by describing the many safety concerns that surround the ...


Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater Jan 2002

Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

In this Essay, the proposition the author draws from the narrative of the endangered species litigation is derivatively Aristotelian – that we must consciously, actively, and explicitly integrate an informed consideration of human politics into what we teach and do in environmental law. The proposition is not that we should steep ourselves in party politics, although there are interesting observations aplenty that could be made on the direct consequences that the two major parties (and occassionally their wistful smaller incarnations) have on the evolution of environmental law. The proposition offered here operates at two different levels: practical politics and political overview ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

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

Boston College Law School Faculty Papers

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 ...


Why You Should Use A Course Web Page, E. Joan Blum Oct 2001

Why You Should Use A Course Web Page, E. Joan Blum

Boston College Law School Faculty Papers

No abstract provided.


The Place Of Workers In Corporate Law, Kent Greenfield Jan 2001

The Place Of Workers In Corporate Law, Kent Greenfield

Boston College Law School Faculty Papers

This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is despite the fact that workers provide an essential input to a corporation's productive activities, and that the success of the business enterprise quite often turns on the success of the relationship between the corporation and those who are employed by it. Black letter corporate law requires directors to place the interests of shareholders above the interests of all other "stakeholders," including workers. This article ...


It All Begins With You: Improving Law School Learning Through Professional Self-Awareness And Critical Reflection, Filippa M. Anzalone Jan 2001

It All Begins With You: Improving Law School Learning Through Professional Self-Awareness And Critical Reflection, Filippa M. Anzalone

Boston College Law School Faculty Papers

From the author's introduction: This paper grows out of my reflections on my own introduction to learning theory. In it, I hope to accomplish two things. First, I present a modest proposal for becoming a better teacher. My thesis is simple: by knowing more about ourselves and our own learning processes, preferences, and inclinations, we will become better teachers. We will discover why we have elected to teach as we do, and we will also uncover when we have been on automatic pilot, blithely accepting the role of law professor, as conceived by our institutions, our students' expectations, and ...


Why Pragmatism Works For Me, Catharine P. Wells Nov 2000

Why Pragmatism Works For Me, Catharine P. Wells

Boston College Law School Faculty Papers

In this Article the author explores the growth of her interest in pragmatic legal theory. Pragmatism is often portrayed as a kind of black hole in the philosophical universe. It is defined not by the weight of its theories but instead by the counterweight of its anti-theoretical teachings. Whatever the reason, pragmatism’s lack of adherents has resulted in a number of misconceptions about its limitations. Among them are: (1) Pragmatism is banal in the sense that it only tells us to continue with our common sense practices (2) Pragmatism is relativistic in that it reduces everything to viewpoint and ...