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The Catholic University of America, Columbus School of Law

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Full-Text Articles in Legal Education

A Bibliography Of Faculty Scholarship, Law Library Jan 2018

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke Nov 2017

Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke

Catholic University Law Review

This Article presents the results of the first empirical research project to investigate law students’ use of defensive pessimism. Previous researchers have suggested that defensive pessimism may benefit law students academically. Defensive pessimism is a strategy that involves setting low expectations and reflecting extensively on what could go wrong in connection with a future event in order to manage anxiety and improve performance. However, up until now, law students’ use of defensive pessimism has not been empirically studied.

We investigated law students’ use of defensive pessimism. Contrary to the suggestions of other scholars, we did not find statistically significant relationships ...


Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles Jan 2017

Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles

Scholarly Articles and Other Contributions

A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.

This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if ...


Risks And Rewards Of Externships: Exploring Goals And Methods, Leah Wortham, Linda F. Smith, Jeff Giddings Jan 2017

Risks And Rewards Of Externships: Exploring Goals And Methods, Leah Wortham, Linda F. Smith, Jeff Giddings

Scholarly Articles and Other Contributions

This article grew from a presentation relating externship clinical programs to the theme of the July 2016 International Journal of Clinical Legal Education and Association of Canadian Legal Education conference: The Risks and Rewards of Clinical Legal Education Programmes. Externships or field placement programs involve students placed away from the law school and supervised by a person who is not employed by the law school. Externships offer many potential rewards for students as well as other stakeholders, including especially community institutions. But there are also risks—risks that the externship will be expected to accomplish too much with too few ...


Law Student Mediators Wear A Triple Crown: Skilled, Sellable, & Successful, Laurie A. Lewis Jan 2016

Law Student Mediators Wear A Triple Crown: Skilled, Sellable, & Successful, Laurie A. Lewis

Scholarly Articles and Other Contributions

This Article considers several trends that converge to make it a highly favorable time for law students to obtain mediation training and work as mediators prior to graduating. Part I summarizes a brief history of the modern ADR movement, and mediation's emergence as the ADR methodology of choice. Part II discusses the proliferation of live clinics in law schools, with a special emphasis upon mediation clinics and their role in teaching unique practice-ready skills. Part III focuses on the practicalities of community mediation training as well as state requirements for mediators. Finally, Part IV considers the tight legal job ...


Marketable And Mobile: Ube Recommended, Veryl Victoria Miles Jan 2016

Marketable And Mobile: Ube Recommended, Veryl Victoria Miles

Scholarly Articles and Other Contributions

The first administration of the Uniform Bar Examination (UBE) occurred just five years ago in Missouri and North Dakota. At that time, the concept of a bar examination with a test score that was portable among participating jurisdictions was an exciting development for longtime proponents of a uniform bar exam. And while there were only two participating jurisdictions on board in 2011, NCBE was well on its way in making the case for the UBE as an attractive test alternative throughout the nation. Today there are 25 jurisdictions that have adopted the UBE, and by July 2018 all 25 jurisdictions ...


The Legal Academy Under Erasure, Richard E. Redding Apr 2015

The Legal Academy Under Erasure, Richard E. Redding

Catholic University Law Review

We hear much about the “crisis” in legal education: steep declines in law school enrollments and graduates unprepared for practice who cannot find jobs. Proposals to address the crisis enjoy wide support and are poised to dramatically change the landscape of legal education. These reforms are harmful to law students and the legal profession, placing the legal academy “under erasure,” as Jacques Derrida would say. They erase the academic nature of law school by: (1) reorienting it from an academically-grounded legal education towards vocational training, (2) requiring just two years of study for the J.D. degree, (3) allowing graduates ...


Beyond Curricular Tinkering: Real Reform Of Legal Education (Broadly Considered), J.P. "Sandy" Ogilvy Jan 2015

Beyond Curricular Tinkering: Real Reform Of Legal Education (Broadly Considered), J.P. "Sandy" Ogilvy

Scholarly Articles and Other Contributions

We are familiar with the reports documenting the downturn in legal employment of new law graduates and the downturn in recent years both in the number of students sitting for the Law School Admission Test (LSAT) and the number of students applying to and being admitted to law school. The National Association for Law Placement (NALP) has reported that the overall employment rate for new law school graduates has fallen for five years in a row since 2008. The twenty-four-year high point was 2007, when 91.9% of new graduates had some form of employment nine months after graduation. Of ...


William Pincus: A Life In Service – Government, Philanthropy And Legal Education, J.P. "Sandy" Ogilvy Jan 2015

William Pincus: A Life In Service – Government, Philanthropy And Legal Education, J.P. "Sandy" Ogilvy

Scholarly Articles and Other Contributions

This article memorializes the life and accomplishments of William “Bill” Pincus. The article brings the reader through Mr. Pincus’s career accomplishments, from his humble beginnings in New York City, to his impressive career in civil service, culminating in his work with the Ford Foundation and the Council on Legal Education for Professional Responsibility (CLEPR), where he spearheaded reforms in legal education. Mr. Pincus’s efforts were critical in establishing clinical legal education, drawing from his experiences both in law and government. Much of this article is derived from interviews of Mr. Pincus, conducted by the author, and provides an ...


Guidelines For The Self Evaluation Of Legal Education Clinics And Clinical Programs, J.P. "Sandy" Ogilvy Jan 2014

Guidelines For The Self Evaluation Of Legal Education Clinics And Clinical Programs, J.P. "Sandy" Ogilvy

Scholarly Articles and Other Contributions

This volume is an effort to present a comprehensive set of guidelines for the self-evaluation of legal clinics and programs. The last time that guidelines were developed for legal clinics was in 1980 when a joint AALS and ABA Committee on Guidelines for Clinical Legal Education published its Guidelines for Clinical Legal Education. The present guidelines trace their lineage to the efforts of a group of clinicians working under the auspices of the CLEA-AALS Section on Clinical Legal Education Joint Task Force on Clinical Standards, which was formed in 1995 and was active for several years. These guidelines also draw ...


Narrowing The Gap Between Rights And Resources: Finding A Role For Law Students In Court-Annexed Resource Centers, Faith Mullen Jan 2014

Narrowing The Gap Between Rights And Resources: Finding A Role For Law Students In Court-Annexed Resource Centers, Faith Mullen

Scholarly Articles and Other Contributions

This article relates the experience of law students from The Catholic University of America providing assistance in the Small Claims Resource Center during the past eight years. During this time, the District of Columbia Bar Pro Bono Program has played a pivotal role in the development and the ongoing success of court-annexed resource centers in the District of Columbia. They have recruited law firms and legal services providers (including law school clinics) to staff the resource centers, sought changes in the rules of professional responsibility, and developed intake forms and model pleadings. Their steady oversight, provided by knowledgeable and resourceful ...


Beyond Langdell: Innovation In Legal Education, Beverly Peterson Jennison Jan 2013

Beyond Langdell: Innovation In Legal Education, Beverly Peterson Jennison

Catholic University Law Review

No abstract provided.


On "Unease" And "Idealism": Reflections On Pope Benedict Xvi's Educating Young People In Justice And Peace And Its Message For Law Teachers, Lucia A. Silecchia Jan 2013

On "Unease" And "Idealism": Reflections On Pope Benedict Xvi's Educating Young People In Justice And Peace And Its Message For Law Teachers, Lucia A. Silecchia

Scholarly Articles and Other Contributions

Pope Benedict XVI recently wrote about the challenges facing those who have the responsibility for the education of the next generation. His insights, expressed last year, were addressed not simply to a Catholic audience but to all who look to the future and see the obligation to train young people "in justice and peace" to be a noble vocation and one solution to some of the difficulties that face the modern world. Although it was not directed to, or intended primarily for, law professors, the document has much to say to those whose vocation lies in legal education. This essay ...


The Fun Of Teaching American Legal History, Geoffrey R. Watson Jan 2013

The Fun Of Teaching American Legal History, Geoffrey R. Watson

Scholarly Articles and Other Contributions

I teach a pair of two-credit legal history courses: History of Early American Law and History of Modern American Law. I teach a variety of other courses, but none is more fun to teach than legal history.


Beyond Langdell: Innovating In Legal Education, Beverly Petersen Jennison Jan 2013

Beyond Langdell: Innovating In Legal Education, Beverly Petersen Jennison

Scholarly Articles and Other Contributions

No abstract provided.


Electronic Discovery And Sanctions For Spoliation: Perspectives From The Classroom, Robert A. Weninger Jan 2012

Electronic Discovery And Sanctions For Spoliation: Perspectives From The Classroom, Robert A. Weninger

Catholic University Law Review

No abstract provided.


Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator Jan 2012

Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator

Catholic University Law Review

No abstract provided.


Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Karn, Margaret E. Johnson, Catherine F. Klein, Lisa Vollendorf Martin Jan 2012

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Karn, Margaret E. Johnson, Catherine F. Klein, Lisa Vollendorf Martin

Scholarly Articles and Other Contributions

There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering.

The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed ...


Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu Jan 2012

Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu

Scholarly Articles and Other Contributions

Sudeb Basu (J.D., Catholic University, 2011) and Professor J.P. “Sandy” Ogilvy (Catholic University) report on the results of a 2007-2009 national survey of externship programs at American law schools and compare many of the data points to previous surveys of externship programs, the 2007-2008 CSALE survey, and some ABA/LSAC data, to chart the growth and increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include limits on the number of externship credits or externship courses, student involvement in externships, the distribution of credits awarded for externship courses, the average number ...


The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Faith Mullen Jan 2012

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Faith Mullen

Scholarly Articles and Other Contributions

This project is part of Professor Mullen's larger Bellow Scholars research agenda, which concerns access-to-justice issues at the OAH more generally. This project tried to ascertain whether self-represented parties (both employees3 and employers) in unemployment insurance (UI) appeals perceive a need for more legal assistance. For three weeks in November of 2009, law students from The Catholic University of America administered a survey that asked self-represented parties in UI appeals whether, based on their experiences in the hearing, they perceived a need for more legal assistance and whether there were aspects of the hearings that they found particularly challenging ...


Autonomy-Mastery-Purpose: Structuring Clinical Courses To Enhance These Critical Goals, Leah Wortham, Catherine F. Klein, Beryl Blaustone Jan 2012

Autonomy-Mastery-Purpose: Structuring Clinical Courses To Enhance These Critical Goals, Leah Wortham, Catherine F. Klein, Beryl Blaustone

Scholarly Articles and Other Contributions

Part I describes the difference in extrinsic and intrinsic motivation and reviews the negative effects of business and educational models assuming extrinsic motivation to be most effective rather than seeking to stimulate intrinsic motivation. Part II describes the Carnegie Foundation's Preparation for the Professions project's call for law schools to focus on law students' sense of identity and purpose as part of their professional education, as well as noting the similar goal that students learn "how to be" as articulated by the Tuning Project of the Bologna process regarding higher education in Europe. Part III provides basics on ...


First-Year Law Faculty Are Uniquely Poised To Mentor Stellar Students For Elbow Employment With Judges, Laurie A. Lewis Jan 2012

First-Year Law Faculty Are Uniquely Poised To Mentor Stellar Students For Elbow Employment With Judges, Laurie A. Lewis

Scholarly Articles and Other Contributions

Judicial clerkships are in high demand for new law graduates. In this tight job market, applicants must possess outstanding applications. Applicants must be not only practice-ready, but also clerkship-ready. They must be people-oriented, with superb oral communication skills. They must be outstanding researchers and writers. And they must have a passion for discovering truth and promoting justice.

Students should embark on a clerkship-ready path during their first year of law school. First-year faculty members are uniquely poised to identify students with skills and traits inherent to successful clerks. Such students demonstrate intellectual excellence, superior work habits, and an ability to ...


Saving The Lrw Professor: Using Rubrics In The Teaching Of Legal Writing To Assist In Grading Writing Assignments By Section And Provide More Effective Assessment In Less Time, Beverly Petersen Jennison Jan 2011

Saving The Lrw Professor: Using Rubrics In The Teaching Of Legal Writing To Assist In Grading Writing Assignments By Section And Provide More Effective Assessment In Less Time, Beverly Petersen Jennison

Scholarly Articles and Other Contributions

No abstract provided.


Winning The Game Of Appellate Musical Shoes: When The Appeals Band Plays, Jump From The Client’S To The Judge’S Shoes To Write The Statement Of Facts Ballad, Laurie A. Lewis Jan 2011

Winning The Game Of Appellate Musical Shoes: When The Appeals Band Plays, Jump From The Client’S To The Judge’S Shoes To Write The Statement Of Facts Ballad, Laurie A. Lewis

Scholarly Articles and Other Contributions

An appellate brief's Statement of Facts is critical to a successful appeal. The client trusts the attorney with his or her story. To fully hear it, the attorney must actively listen and demonstrate empathy in the initial interview. The attorney needs to step into the client's shoes to retell the story at trial. On appeal, however, the attorney needs to step into the appellate judge's shoes. The story must be recast for an audience knowing nothing about the client. It must be interesting, and appeal to the judge's spirit of justice. If the client suffered an ...


Telling Tales In School: Storytelling For Self-Reflection And Pedagogical Improvement In Clinical Legal Education, Faith Mullen Jan 2011

Telling Tales In School: Storytelling For Self-Reflection And Pedagogical Improvement In Clinical Legal Education, Faith Mullen

Scholarly Articles and Other Contributions

In the past twenty years, there has been a surge in legal scholarship that recognizes the value of story in law, and law schools are beginning to tap into the extraordinary power of story. Largely absent from this mix are stories told by law students about their own experiences with the law. The authors used class time formerly devoted to clinic rounds to offer students the opportunity to tell stories about their cases outside the presence of their supervising attorneys. Clinical faculty then compared their own, recorded version of the story of a case with the student’s version. This ...


Lawyering Outside Lawsuits: Incorporating Negotiations, Settlements, And Mediations Into The Legal Writing Curriculum, Olivia Farrar, A.G. Harmon Jan 2010

Lawyering Outside Lawsuits: Incorporating Negotiations, Settlements, And Mediations Into The Legal Writing Curriculum, Olivia Farrar, A.G. Harmon

Scholarly Articles and Other Contributions

Legal education is built around a core irony: almost no human disputes are resolved via trials, and yet we dedicate years to teaching law students how to resolve disputes via litigation. To remedy this incongruity between legal education and the reality of lawyering, the two of us have begun integrating negotiations, settlements, and mediation into our 1L legal writing curriculum. This article describes why and how we have introduced our students to these non-litigation skill sets, starting to train them in what we believe may be their most powerful dispute resolution skills when they enter the legal world.


When Learning Styles Are Different: Suggestions For Teaching Law Students With Attention Deficit Disorder, Beverly Petersen Jennison Jan 2010

When Learning Styles Are Different: Suggestions For Teaching Law Students With Attention Deficit Disorder, Beverly Petersen Jennison

Scholarly Articles and Other Contributions

No abstract provided.


The Stellar Parenthetical Illustration: A Tool To Open Doors In A Tight Job Market, Laurie A. Lewis Jan 2010

The Stellar Parenthetical Illustration: A Tool To Open Doors In A Tight Job Market, Laurie A. Lewis

Scholarly Articles and Other Contributions

The carefully crafted parenthetical illustration can be a powerful tool in persuasive legal analysis. It can also reflect five areas of a student’s practice-ready skills. These skills include research, use of mandatory and persuasive authorities, rule synthesis and application, clarity and conciseness in writing, and citation form. The student who achieves competency not only in formatting citations but also in drafting clear, concise, illustrative parentheticals demonstrates an understanding of rule permutations. This competency can open doors for opportunities both within and outside law school. Doors can open to better grades, journal invitations, publication offers, internship and externship placements, and ...


Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Lisa Vollendorf Martin Jan 2010

Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Lisa Vollendorf Martin

Scholarly Articles and Other Contributions

Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law, The Earle Mack School of Law at Drexel University, Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents ...


The Uniform Bar Examination: A Benefit To Law School Graduates, Veryl Victoria Miles Jan 2010

The Uniform Bar Examination: A Benefit To Law School Graduates, Veryl Victoria Miles

Scholarly Articles and Other Contributions

No abstract provided.