Legal Education Commons^™

Listening To Our Students: Fostering Resilience And Engagement To Promote Culture Change In Legal Education, Ann N. Sinsheimer, Omid Fotuhi

Articles

In this Article, we describe a dynamic program of research at the University of Pittsburgh School of Law that uses mindset to promote resilience and engagement in law students. For the last three years, we have used tailored, well-timed, psychological interventions to help students bring adaptive mindsets to the challenges they face in law school. The act of listening to our students has been the first step in designing interventions to improve their experience, and it has become a kind of intervention in itself. Through this work, we have learned that simply asking our law students about their experiences and …

Law School Exams During A Pandemic: One Law School’S Experience, Beth Parker

Seattle Journal of Technology, Environmental & Innovation Law

In 2020, toward the end of the spring semester, the COVID-19 pandemic disrupted life across the globe. Institutions, including law schools, felt the widespread effects of this public health crisis. Law schools were forced to move entire curriculums online in record time and consider how they were going to administer final exams. There is no precedent or manual for how to do this successfully. Law school exams are inherently stressful events in a law student’s career because their performance on the exam inordinately influences their grades and class rankings. Typically, law students are already on edge during final exams without …

(Systems) Thinking Like A Lawyer, Tomar Pierson-Brown

Articles

This Article discusses systems thinking as an innovative approach to contextualizing legal advocacy. Systems thinking, a paradigm that emphasizes universal interconnectivity, provides a theoretical basis for parsing the structural environment in which law-related problems emerge and are addressed. From the array of conceptions about what it means to engage in systems thinking, this Article identifies four key tenets to this perspective: (1) every outcome is the product of some structure; (2) these structures are embedded within and connected to one another; (3) the structure producing an outcome can be discerned; and (4) these structures are resilient, but not fixed. This …

Improv & Internships: Using Improvisation Techniques To Teach Vital Lawyering Skills, Leah Young, Alison Lintal

Alison Lintal

How students choose to collaborate and communicate can have a significant impact on the outcome of a workplace project as well as their legal career. Additionally, the importance of face-to-face communication, body posture, and learning to interpret body language cues is crucial for building professional relationships. Through these interactive exercises, students get the opportunity to practice responses in a setting that fosters student development and growth. Furthermore, improvisation provides the legal profession with tools that can be used to enhance communication, active listening, collaboration, agility, trust, authenticity, and resilience.

An important emphasis in externship courses is a focus on cultivation …

Legal Education Unbundled (And Rebundled), Megan Carpenter

Law Faculty Scholarship

This essay calls for an unbundling of legal education, much like the kind of unbundling we have seen in the cable, music, and print news media. It suggests that the standard legal education "bundle"-the generalized JD-is just one of many forms of legal education that can be packaged appropriately for today's legal education market needs.

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article concludes that …

Click Here: Externship Data Management Tools To Increase Productivity (And Promote Sanity), Jodi S. Balsam, Lauren N. Donald, Carolyn Young Larmore, Sarah Shalf

Externships (X) Conferences

The most significant challenge externship programs face is “insufficient administrative support,” followed closely by “other demands on the faculty’s time,” according to the CSALE survey. And the pressure is only getting worse. The increased record keeping requirements of Standard 304(c), increased student participation due to the ABA’s 6-credit experiential learning requirement and new paid externship positions, plus the ever-present pressure of tight budgets, together are driving the need to find innovative approaches to these mounting administrative burdens.

For many of us, the answer to these challenges is finding online data management tools that can manage vast amounts of data efficiently …

Improv & Internships: Using Improvisation Techniques To Teach Vital Lawyering Skills, Leah Young, Alison Lintal

Externships (X) Conferences

How students choose to collaborate and communicate can have a significant impact on the outcome of a workplace project as well as their legal career. Additionally, the importance of face-to-face communication, body posture, and learning to interpret body language cues is crucial for building professional relationships. Through these interactive exercises, students get the opportunity to practice responses in a setting that fosters student development and growth. Furthermore, improvisation provides the legal profession with tools that can be used to enhance communication, active listening, collaboration, agility, trust, authenticity, and resilience.

An important emphasis in externship courses is a focus on cultivation …

Seize The Data! Using Evidence From Externship Courses To Measure Law School Learning Outcomes, Christine Zellar Church, Robert L. Jones Jr., Kendall L. Kerew, Kelly S. Terry

Externships (X) Conferences

With the adoption of ABA Standards 302 and 315, law schools are now required to establish institutional learning outcomes for their graduates and measure whether their graduates are achieving competency in those outcomes. Given this mandate, all law schools will need to determine the best method to measure whether they are meeting these articulated outcomes. This session will focus on the role that clinical education and externships, specifically, can have in the assessment of institutional learning outcomes. The goal of the session is to provide attendees with guidance on the role that student performance data from externship courses can play …

Teaching The Tough Stuff: The Opportunities And Challenges In Teaching Implicit Bias, Diversity And Inclusion To Supervising Attorneys, Kinda Abdus-Saboor, Gillian Dutton, Rachel Reeves, Marjorie Silver

Externships (X) Conferences

We entrust supervising attorneys with the critical responsibility of providing law students with a meaningful experiential learning experience. Supervising attorneys ultimately control the nature of work students receive, the delivery of feedback, and the work environment that the student inhabits. Thus, it is vital that we equip our supervising attorneys with the basic skills necessary to navigate student supervision effectively. Among those basic skills is the ability to traverse the cross-cultural complexities inherent in working with students whose cultural identities may differ from the supervising attorney. Equally important are the cross-cultural issues that may arise among students and the clients …

Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman

Publications and Research

Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …

Trending @ Rwu Law: Michael Bowden's Post: Come & Celebrate Roger On The Block 08/31/2016, Michael Bowden

Law School Blogs

No abstract provided.

Oh What A Tangled Web We Weave: Mind Mapping As Creative Spark To Optimize Transactional Clinic Assignments, Brett C. Stohs

Nebraska College of Law: Faculty Publications

Client assignments are among the most important factors that affect a student's experience in a live-client transactional law clinic. Student "attorneys" are presented with meaningful opportunities to engage with and learn from clients by applying their still-developing professional bona fides to real people with legal challenges. As a result, decisions regarding allocation and distribution of client matters are among the most important pedagogical decisions transactional clinical faculty make. By taking into account the unique and sometimes complex individual characteristics of each client and student, clinical faculty can optimize these allocations and maximize achievement of important objectives. Mind mapping can help …

International Adoption & International Comity: When Is Adoption Repugnant, Malinda L. Seymore

Malinda L. Seymore

Do judges have the authority to recognize decrees of foreign adoption? Since 1989, over 167,000 parents of children adopted in other countries have needed to know the answer to that question. Adoption creates a parent-child relationship that is not legally different from a biologically created parent-child relationship. Parents are entitled to the same rights and owe the same obligations to adopted children as they do to biological children, and adopted children are entitled to the same benefits as biological children. Adopted children are entitled to the financial support of their parents to the same extent as biological children. Thus, in …

Experiential Education As Critical Pedagogy: Enhancing The Law School Experience, Spearit, Stephanie Ledesma

Articles

This article examines the shift to greater experiential education in law school through the lens of critical pedagogy. At its base, critical pedagogy is about devising more equitable methods of teaching, helping students develop consciousness of freedom, and helping them connect knowledge to power. The insights of critical pedagogy are valuable for a fuller understanding of experiential education and its potential to affect students in profound ways, particularly as a means of empowerment. Although this is an understudied area of pedagogical scholarship, power relations are at the heart of legal education. Critical pedagogy offers a frame for considering how experiential …

A Middle School Guide To Debate, Mock Trial And Critical Thinking, Gary W. Levvis

Torrington Articles

This book is a guide for middle school students trying to navigate the rules and strategies of debate and mock trial. Hopefully, it will also serve as a valuable tool for teachers and coaches and, in particular, for college students who are assisting middle school debate teams as a form of community engagement.

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Donald J. Kochan

As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …

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 …

Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer

Stephen Messer

From day one of law school aspiring lawyers are taught that information shared in confidence between a lawyer and his client is confidential. Although all lawyers are well aware of this, surprisingly few know that conversations with a client and someone else's lawyer can also be privileged. This is what happens when a joint defense agreement is created; Joint defense agreements extend the attorney client privilege throughout the entire defense camp in cases where multiple defendants and their counsel have common interests in the litigation. This often overlooked, yet highly effective legal strategy may serve as a valuable tool for …

Global Law School: Teaching/Studying Abroad, Bringing It Home, Malinda Seymore

Malinda L. Seymore

Practicing Civility In The Legal Writing Course: Helping Law Students Learn Professionalism, Sophie M. Sparrow

Law Faculty Scholarship

This Article suggests some concrete ways to teach civility— one component of professionalism—to law students. Professionalism certainly includes much more than civility, incorporating the concepts of ethics, morals, public service, life-long learning, personal integrity, professional identity, and a commitment to selfdevelopment. This Article begins with a brief overview of civility in Part I. Part II provides a few of the many arguments for why we should teach law students to be civil. Part III explores some concrete ways in which we can teach civility within individual classes, using the dynamics of student engagement in the classroom as an opportunity to …

Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi

Articles

This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was …