Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Law
Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J.
Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J.
Gregory A. Kalscheur, S.J.
Conventional wisdom holds that the principal task of a law school is to teach law students to "think like lawyers." However, law school can be experienced as a form of narrow training that diminishes something central to the human person: the fundamental drive to question and to follow those questions wherever they lead. This Article will explore the ways in which the thought of two scholars, Bernard Lonergan and James Boyd White, can usefully inform our understanding of this crisis of meaning and value within the context of a conception of law as a social and cultural activity. First, this …
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Paul R. Tremblay
This Article explores the professional responsibilities of progressive lawyers representing the poor and disadvantaged. The author argues that lawyers representing the poor are generally good, energetic lawyers committed to social justice and lessening the pain of poverty. Subsequently, the defects found in poverty lawyering are structural, institutional, political, economic, and ethical. Therefore, the author posits that the mission of teachers and practitioners should be to develop practice patterns and proposals that account for the street-level experiences of legal services lawyers on the front lines. By examining the notions of rebellious and regnant lawyering, the author seeks to illuminate how these …
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The day-to-day realities of different systems of government can be discerned in the way they handle, in theory and practice, clashes between the individual and the collective will. The structure of contemporary American democracy is no exception. It is comprised of a variegated assortment of judicial formulae for balancing the interests of the individual and the state, most of these formulae tracing back with differing degrees of directness to textual bases in the first nine amendments to the federal Constitution or their state constitutional equivalents. One of these basic structural balancings, encountered early on by every student of American law …
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Zygmunt J.B. Plater
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 …
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
The theory and practice of law have been separated in legal education to their detriment since the turn of the twentieth century. As history teaches us and even the 2007 Carnegie Report perhaps suggests, teaching practice without theory is as inadequate as teaching theory without practice. Just as law students should learn how to draft a simple contract from taking Contracts, they should learn the theory of persuasion from taking a legal writing course. In an economy where law apprenticeship has reverted from employer to educator, legal writing courses should do more than teach analysis, conventional documents, and the social …
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow Kleinhaus
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus
No abstract provided.
Reflections On Teaching Law, Michael Lp Lower
Reflections On Teaching Law, Michael Lp Lower
Michael LP Lower
This essay reflects on the goals of law teaching. It suggests that a commitment to scholarship and to inspiring others to become scholars is at the heart of law teaching. It makes suggestions as to how this can be achieved effectively and on the way that web 2.0 technologies can help. It also points out that a commitment to open access is not also consistent with the University's mission but can also be of economic benefit to the University.
Outcomes & Assessment: A Golden Opportunity For Lrw Professors, David I.C. Thomson
Outcomes & Assessment: A Golden Opportunity For Lrw Professors, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
The American Bar Association is currently discussing drafts of a proposal to shift the law school accreditation standards from inputs measurements (such as numbers of books, faculty student ratios, etc.) to outcomes assessment. While still in discussion, this shift has the potential to create profound change in legal education. For the first time, law schools may be held accountable – beyond the bar exam – for what and how they teach their students. Law schools all across the country are busy trying to determine what this will mean, and how to go about meeting the new ABA standard.
New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler
New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler
Sturm College of Law: Faculty Scholarship
As foreign as it can seem to not be in a physical classroom with bodies sitting in the chairs listening, it is a very different way of teaching but it can be very effective. If you go through this process of developing and dividing outcomes, dividing modules, and selecting the right technology, it can work. And that is kind of a scary thought to some people. Perhaps not people who have come to this section today or to this conference about What's Next, but for many of our colleagues, this is kind of a scary thought – that you might …
Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin
Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin
Faculty Scholarship
This article is an outgrowth of the author’s participation in a July 29, 2009 panel presentation, “Change in Legal Education: Practical Skills,” at the Symposium, YES WE CArNegie: Change in Legal Education after the Carnegie Report. The article responds to the Carnegie Report’s call to “bridge the gap between analytical and practical knowledge” by presenting two models for integrating skills with doctrine in the first-year curriculum. The first model, built into the curriculum at the University of Maryland School of Law, involves teaching the first semester Legal Analysis & Writing course by pairing it with another required first-semester course, Torts, …