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Full-Text Articles in Legal Education

What Did They Know And When Did They Know It? Pretesting As A Means Setting A Baseline For Assessing Learning Outcomes, Jeffrey L. Harrison Jan 2018

What Did They Know And When Did They Know It? Pretesting As A Means Setting A Baseline For Assessing Learning Outcomes, Jeffrey L. Harrison

UF Law Faculty Publications

Are legal rules intuitive or, at least, consistent with common sense? In this study, 260 law students at five law schools who had not taken contract law, were presented with eight questions based on specific contracts cases or common contracts issues. They were asked what they felt was the fair or right answer to each question and to formulate the rule they would apply. The purposes of the study were to 1) determine whether contract law is what the untrained person believes it is or should be and 2) experiment with a strategy of pretesting to determine what topics within ...


Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah Jan 2018

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Faculty Scholarship

This essay considers the role of empathy and humility in the professional practices of physicians and lawyers and in those who prepare students for these professions. Beginning with an overview of the goals and methods of legal education, it compares similar goals in medical education and the value of practicing law (and medicine) with empathy and humility. The essay then describes exercises used in the law school classroom designed both to teach law students about end-of-life law and also to allow them to practice counseling clients. Through these exercises, law students can experience firsthand the challenges of advising a client ...


The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade Dec 2017

The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade

John Wade

Legal educators have often developed courses with the purported goal of teaching students to “think like lawyers.” Yet little is known about the ways various classes of lawyers think or behave. This paper offers some insights through anecdotal observations of the behaviour of family lawyers in Sydney. It must be conceded, however, that even beginning to demystify lawyerly behaviour does little to resolve current debates about the goals and methods of legal education.


Trending @ Rwu Law: Dean Yelnosky's Post: Show, Don't Tell 12-1-2017, Michael Yelnosky Dec 2017

Trending @ Rwu Law: Dean Yelnosky's Post: Show, Don't Tell 12-1-2017, Michael Yelnosky

Law School Blogs

No abstract provided.


Student Perspectives On Talking About Sexual Assault In Australian Law Classes, Anna Belgiorno-Nettis Dec 2017

Student Perspectives On Talking About Sexual Assault In Australian Law Classes, Anna Belgiorno-Nettis

Legal Education Review

Much of the academic literature on how to talk about sexual assault in law classrooms is written by lecturers, however it is often in reaction to student viewpoints. This paper responds to lecturer approaches by representing student perspectives on talking about sexual assault in Australian law classes, and how student experiences might inform teaching methods. I suggest that the student anecdotes that are recounted in the paper highlight two aims in teaching sexual assault law beyond a learning outcome involving knowledge of substantive law. The first is to acknowledge the perspective of students that have experienced sexual assault, and the ...


As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy Nov 2017

As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy

Maine Law Review

There is an adage among doctors that “as a last resort, ask the patient.” It is a not so facetious reference to the observation that because doctors are so highly educated and trained, they can start to believe they know what’s best for their patients better than the patients themselves. Consequently, these doctors may discount, or altogether ignore, the opinions of the very people they are suppose to be helping. The same observation could be made about the law professor-student relationship. Unlike doctors, though, our relationship with students is hierarchical, and thus we may be even less inclined to ...


Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons Nov 2017

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices.

Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion ...


Law Library Blog (October 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2017

Law Library Blog (October 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary S. Gildin Oct 2017

New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary S. Gildin

Dickinson Law Review

No abstract provided.


Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons Sep 2017

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Joel Pruce

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices. Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion ...


Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law Sep 2017

Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone Aug 2017

Teaching Gender As A Core Value In The Firstyear Contracts Class, Kerri Lynn Stone

Kerri Stone

No abstract provided.


A Novel Tool For Teaching Property: Starting With The Questions, Tim Iglesias Jul 2017

A Novel Tool For Teaching Property: Starting With The Questions, Tim Iglesias

Tim Iglesias

For most Property Law professors teaching Property Law is both a joy and a challenge. We are convinced of the importance of the subject for law practice and society at large, but we face numerous challenges in the classroom. Our pedagogical objectives vary, but most of us want to teach some doctrine, some policy and some theory. Engaging fruitfully in policy and theoretical debates requires some grasp of doctrine, but many of the doctrines are complex and not intuitive. This essay offers Property Law professors a new tool that will help them teach doctrine more efficiently so that they can ...


Thinking About Students' Learning: Metacognition Across The Disciplines, Saryn R. Goldberg, Jennifer Gundlach, Amy M. Masnick, Jennifer A. Rich, Jessica R. Santangelo Apr 2017

Thinking About Students' Learning: Metacognition Across The Disciplines, Saryn R. Goldberg, Jennifer Gundlach, Amy M. Masnick, Jennifer A. Rich, Jessica R. Santangelo

Hofstra University Distinguished Faculty Lecture Series

The ability to think about one’s own thinking—metacognition—is identified as one of the keys to subject mastery in most, if not all, disciplines. It is clear that being able to be one’s own critic — assessing and reassessing one’s understanding — is of critical importance to learning. Rarely, however, is metacognition explicitly taught or discussed as a centerpiece of learning in a content-heavy classroom, even with the best intentions of the professors.

A panel of Hofstra faculty from the disciplines of psychology, biology, law, engineering and writing studies will share results from their ongoing research about the ...


Law As Instrumentality, Jeremiah A. Ho Apr 2017

Law As Instrumentality, Jeremiah A. Ho

Faculty Publications

Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant ...


The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer Jan 2017

The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer

Washington University Journal of Law & Policy

This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.


The Student Experience In Second Year Programmes In New Zealand Law Schools, Lynne Taylor, Erik Brogt, Ursula Cheer, Natalie Baird, John Caldwell, Debra Wilson Jan 2017

The Student Experience In Second Year Programmes In New Zealand Law Schools, Lynne Taylor, Erik Brogt, Ursula Cheer, Natalie Baird, John Caldwell, Debra Wilson

Legal Education Review

This paper reports the experiences of a self-selected cohort of students enrolled in second year law programmes at three New Zealand universities. The cohort experienced a very similar teaching and learning experience as a result of the New Zealand legal education regulatory regime and the teaching and assessment programmes adopted by the participating law schools. What students say about the time that they devote to their studies is reported, as is what students say that they do during scheduled classes and periods of self-study. The type and frequency of the contact that students have with their teachers and peers is ...


Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University Sep 2016

Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University

School of Law Conferences, Lectures & Events

No abstract provided.


Doug Kahn: Class Master, Dennis E. Ross Jun 2016

Doug Kahn: Class Master, Dennis E. Ross

Michigan Business & Entrepreneurial Law Review

Doug has always been a bit of a departure from the professorial norm. Teaching for Doug was no accommodation to the job, no activity collateral to his true ambition, but rather an openly genuine attempt to engage his students and pull them into a subject that he obviously loved. His evident joy when in front of a class closed any distance with his students, no small feat considering the subject matter. Tax is forbidding territory for many, and Doug was justifiably known for his refusal to dumb the material down. Thus, much of his class may have been there reluctantly ...


The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn Jun 2016

The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn

Michigan Business & Entrepreneurial Law Review

In the fall semester of 1964, a young Douglas Kahn joined the faculty of the University of Michigan Law School. During the spring semester of 2016, he will teach his final course as a full-time faculty member. For the interim fifty two years, he has been a fixture of the Michigan law school community. As a tax professor, former student, and his son, I am pleased and honored to write this introduction for an edition of the Michigan Business & Entrepreneurial Law Review honoring Professor Kahn’s tenure at the University of Michigan.


A Grateful Testimonial To Doug Kahn, Terrence G. Perris Jun 2016

A Grateful Testimonial To Doug Kahn, Terrence G. Perris

Michigan Business & Entrepreneurial Law Review

It is difficult for me to accept the reality that Doug Kahn is about to retire after a triumphant fifty-two year tenure as a professor at the University of Michigan Law School. For much of the nearly forty-seven years of my association with the Law School, first as a student and then as an alumnus, Doug has practically symbolized the Law School for me, as he went from being a revered teacher, to a valued mentor, to a dear friend, to a colleague and co-author, and, dare I say, to virtually a member of the family. But I am only ...


A Note, Robert T. Pelinka Jr. Jun 2016

A Note, Robert T. Pelinka Jr.

Michigan Business & Entrepreneurial Law Review

I find it quite meaningful that heartwarming reflections about Douglas Kahn come very naturally to me. Perhaps that, in and of itself, says something about this incredible man. For context, my time in physical proximity to Professor Kahn came during my years as a student-athlete at the University of Michigan, where I graduated from the Ross School of Business, and the Law School. I was also a member of The Michigan Wolverines Basketball Team, where I participated in three NCAA Final Fours, and earned an NCAA Championship Title. I mention these things, not to tout my own accomplishments, but rather ...


Doug Kahn - A Personal Appreciation, Patricia D. White Jun 2016

Doug Kahn - A Personal Appreciation, Patricia D. White

Michigan Business & Entrepreneurial Law Review

Doug Kahn has a booming laugh and an infectious enthusiasm for his subject. I am one of the legions of students who were infected by the tax bug—thanks to Doug. It is appropriate that, on the occasion of his retirement, some of us who were most infected reflect on Doug’s influence in our lives. In my case this is easy. I owe the basic contours of my career to Doug. I graduated from Michigan Law in 1974. Times were different then. I graduated never having had a female instructor. There were no women on the faculty. Only thirteen ...


Achieving Better Outcomes For Chinese Law Students Studying Overseas, Yulan Xiang Jun 2016

Achieving Better Outcomes For Chinese Law Students Studying Overseas, Yulan Xiang

Owen Dixon Society eJournal

The internationalization of tertiary education has resulted in an influx of Chinese students studying in Australia. This movement brings invaluable advantages to Chinese law students studying overseas as well as challenges to host universities and their teaching staff. Much of these relate to social, cultural and educational differences, which have not been adequately acknowledged by the current teaching methodologies of host university law schools.

This article discusses the main difficulties experienced by Chinese law students and the main efforts that have been made to help them overcome their difficulties. Although efforts to improve the situation have been made by host ...


Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg Apr 2016

Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg

Faculty Publications

Among the more important decisions a law teacher makes when preparing a new course is what materials to assign. Criminal procedure teachers are spoiled for choice, with legal publishers offering several options written by teams of renowned scholars. This Article considers how a teacher might choose from the myriad options available and suggests two potentially overlooked criteria: weight and price.


What Is Criminal Law About?, Guyora Binder, Robert Weisberg Apr 2016

What Is Criminal Law About?, Guyora Binder, Robert Weisberg

Michigan Law Review

In “The Changing Market for Criminal Casebooks,” Jens David Ohlin offers an appreciative, but nevertheless critical review of established criminal law casebooks. He then introduces his own offering by describing “a vision for a new casebook” that will better serve the needs and wants of contemporary students. Ohlin begins with the arresting claim that criminal law professors are passionate about their subject because they are fascinated by human depravity. Then, throughout his essay, he stresses efficient, consumer-focused delivery of doctrinal instruction as the defining task of a successful casebook. Moreover, he argues, casebooks should devote less attention to academic theories ...


The Changing Market For Criminal Law Casebooks, Jens David Ohlin Apr 2016

The Changing Market For Criminal Law Casebooks, Jens David Ohlin

Michigan Law Review

Criminal law is a nasty business. The field takes as its point of departure the indignities that human beings visit upon each other—each one worse than the one before. A book or article about criminal law often reads like a parade of horribles, an indictment of humanity’s descent into moral weakness. For those who teach criminal law, everything else pales in comparison. Neither the business disputes of contract law nor the physical injuries described in a torts casebook can compare with the depravity of what we teach in criminal law. Criminal law professors are often addicted to their ...


Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Mar 2016

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places ...


Critical Legal Reading: The Elements, Strategies And Dispositions Needed To Master This Essential Skill, Alex Steel, Kate Galloway, Mary Heath, Natalie Skead, Mark Israel, Anne Hewitt Jan 2016

Critical Legal Reading: The Elements, Strategies And Dispositions Needed To Master This Essential Skill, Alex Steel, Kate Galloway, Mary Heath, Natalie Skead, Mark Israel, Anne Hewitt

Legal Education Review

Law is a text-based discipline. The comprehension and interpretation of the written word lies at the core of legal reasoning and underpins legal writing. This article argues that developing the skills of critical legal reading is fundamental to all aspects of legal education and ultimately, to the practice of law. Law teachers have mastered and internalised the processes of legal reading, and sometimes therefore overlook the need to teach them explicitly to law students, who are novices. This paper examines the necessary mechanics, techniques and dispositions of critical legal reading in an overall taxonomy, contending that teaching these aspects in ...


Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai Dec 2015

Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai

Stephen E Henderson

In this invited contribution to the Law Journal's annual Teaching Issue, we pay some homage to the great philosopher whose spirit allegedly guides our classrooms, in service of two concrete goals. One, we employ dialogue to describe the “nuts and bolts” of teaching Criminal Procedure, most of which are equally relevant to any doctrinal law school course (including course description, office hours, seating charts and attendance, class decorum and recording, student participation, laptops, textbooks, class preparation and presentation, and exams). Two, we explain the benefits of using multimedia in the classroom, including a few of the many modules found ...