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Full-Text Articles in Legal Education

Intellectual Diversity In The Legal Academy, Nicholas Quinn Rosenkranz Jan 2014

Intellectual Diversity In The Legal Academy, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Elite law faculties are overwhelmingly liberal. Jim Lindgren has proven the point empirically. The author adds his impressions from Georgetown Law School to reinforce the point. Georgetown Law School is a faculty of 120, and, to the author's knowledge, the number of professors who are openly conservative, or libertarian, or Republican or, in any sense, to the right of the American center, is three—three out of 120. There are more conservatives on the nine-member United States Supreme Court than there are on this 120-member faculty. Moreover, the ideological median of the other 117 seems to lie not just left of …


Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler Jun 2013

Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …


Foreword: Academic Influence On The Court, Neal K. Katyal Oct 2012

Foreword: Academic Influence On The Court, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The months leading up to the Supreme Court’s blockbuster decision on the Affordable Care Act (ACA) were characterized by a prodigious amount of media coverage that purported to analyze how the legal challenge to Obamacare went mainstream. The nation’s major newspapers each had a prominent story describing how conservative academics, led by Professor Randy Barnett, had a long-term strategy to make the case appear credible. In the first weeks after the ACA’s passage, the storyline went, the lawsuit’s prospects of success were thought to be virtually nil. Professor (and former Solicitor General) Charles Fried stated that he would “eat a …


Using Discourse Analysis Methodology To Teach "Legal English", Craig Hoffman Jan 2011

Using Discourse Analysis Methodology To Teach "Legal English", Craig Hoffman

Georgetown Law Faculty Publications and Other Works

In this study, I propose a curriculum focused on raising students’ linguistic awareness through rigorous discourse analysis and reflective writing in a legal context. Students analyze authentic, full-text legal documents using discourse analysis methodology. By carefully analyzing the language in legal opinions, appellate briefs, law review articles, law school exams, typical commercial contracts, and statutes, students become experts in analyzing and evaluating legal texts. Students learn to manipulate legal language to achieve various desired linguistic and legal effects. This approach has three primary advantages. First, it forces the students to carefully read authentic legal texts. Second, it gives students the …


Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet Jan 2008

Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

This article addresses the author's experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database. She used audiovisual materials extensively in class to allow students to see the subject matter of the cases rather than just reading verbal descriptions and enable them to apply the principles they read about to new, concrete examples. Many students in IP courses have special interests in music, film, or the visual arts, and the database allows her--and other teachers--to present materials that engage them. She found that students are more willing to speak up in class when they can see or hear …


Constructing A Clinic, Philip G. Schrag Jan 1996

Constructing A Clinic, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The author addresses some basic structural questions that the clinic's supervisor or supervisors might think about when beginning to design or renovate a program. These include the goals of the proposed clinic; the number and qualifications of its teaching and support staff; the desired relationships among staff members; the subject matter of the clinic's cases; the duration of the clinic, the amount of course credit that students should receive for taking it, and the caseload per student; the grading system; the relationships between the students and the tribunals or other fora in which they will be practicing; how the clinic …


The Serpent Strikes: Simulation In A Large First-Year Course, Philip G. Schrag Jan 1989

The Serpent Strikes: Simulation In A Large First-Year Course, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

Simulation in legal education has come of age. Once confined to moot court exercises and trial practice offerings, simulation is now accepted, in principle, as a legitimate method of instruction in many types of courses. Every recent volume of the Journal of Legal Education has included at least one article on simulation, and in the past few years published works have offered the community of law teachers advice on using simulation to teach administrative law, contracts, constitutional law, bankruptcy, civil procedure, pretrial litigation, legislation, the "lawyering" process, and, of course, negotiation. These writings have helped to make simulation an accessible …