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Culture, Postmodernism, And Canadian Legal Hermeneutics: A Comment On Reference Re Secession Of Quebec, John Rice

Dalhousie Journal of Legal Studies

When I was an undergraduate, I recall having heard Canada described as the world's "first postmodern state" in a history seminar. The professor who made this contention based this opinion on the fact that Canada is unlike most of the world's nation-states in that it was founded and structured to accommodate the needs and aspirations of two founding "peoples," instead of one. At the time, I was quite taken with this idea. I return to it now in order to explore and interrogate the "postmodernity" of the Canadian polity and Canadian law. In the years since that history seminar, Quebeckers …

Environmental Law And Policy, 2nd Ed., Gloria Chao

Dalhousie Journal of Legal Studies

Book review of Environmental Law and Policy, 2nd ed. by E.L. Hughes, A.R. Lucas & W.A. Tilleman, eds. and published by Emond Montgomery (Toronto), 1998. (630 pp.)

Police Race And Ethnicity: A Guide For Law Enforcement Officers, Janet Burt-Gerrans

Dalhousie Journal of Legal Studies

Book review of Police Race and Ethnicity: A Guide for Law Enforcement Officers by B.K. Cryderman, C.N. O'Toole & A. Fleras and published by Butterworths (Toronto), 1998.

Introduction To The Symposium On Developments In Legal Externship Pedagogy, J.P. Ogilvy

Clinical Law Review

On March 5-8, 1998, in celebration of the centenary of The Catholic University of America's Columbus School of Law, the law school sponsored a conference on legal education devoted entirely to legal externships. The conference, entitled "Developments in Legal Externship Pedagogy," brought together over 170 participants, including more than 40 speakers, who represented over 100 different law schools. Some of the papers presented at the conference appear in this issue of the Clinical Law Review; others will appear in the next issue; and still others have been or will be published in other journals. In recent years there has been …

Designing And Teaching The Large Externship Clinic, Mary Jo Eyster

Clinical Law Review

The focus of this article is the design and teaching of the externship clinic, with a particular focus on the large and diverse program with a variety of placements. I will first review some of the traditional conceptions (and possibly misconceptions) of clinical programs, including both externship and other clinics. In Section I, I consider the range of goals that might be adopted, and how this choice will affect the overall design of the clinic, including choices of host offices and seminar design. Next, in Section II, I discuss a number of teaching methods that might be used in the …

Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, American University, Peter Jaszi, Ann Shalleck, Marlana Valdez, Susan Carle

Clinical Law Review

In this article we analyze the historical development of a supervised externship program at American University, Washington College of Law ("WCL"). We trace the origins of our particular pedagogic goals and program design to the history and culture of our institution, in the hopes that this form of self-reflection will be useful to others making their own choices about these matters. Through this self-study we have realized that - contrary to the way clinical literature often conceives of program development - we did not start by articulating a complete set of goals, around which we then built a program. Instead, …

Using Faculty Tutorials To Foster Externship Students' Critical Reflection, Harriet N. Katz

Clinical Law Review

"Supervision" is an issue of concern in externship pedagogy. Clinicians have focused over many years on the relationship between supervisor and student as a critical aspect of clinical legal education. Among the educational goals of clinical legal education, supervision is believed to have an important, though not uncomplicated relationship to teaching students to think critically about legal practice. Externships tend to separate the supervision functions between the placements and the campus, making coherent supervision challenging. In addition, externship faculty often have relatively large numbers of students. This essay explores one aspect of the resulting supervision/critique puzzle. Can student understanding of …

Writing, Reflecting And Professionalism, Michael Meltsner

Clinical Law Review

In this article, I present an approach to stimulating reflective writing that may interest law teachers looking to raise issues of professional values and clinicians seeking an alternative to the use of openended journal writing. The students whose experience will be described were enrolled in an experimental course on the legal profession, but the method employed may work equally well in a variety of clinical settings, whether externship or in-house clinics, or for that matter in other law school courses.

Not Quite Grown Up: The Difficulty Of Applying An Adult Education Model To Legal Externs, Linda Morton, Janet Weinstein, Mark Weinstein

Clinical Law Review

For several decades, clinical teachers have searched for a central theory or model to distinguish, and perhaps legitimize within the academic community, the experience-based method of teaching. One theory popular with clinicians is "andragogy" or adult education, developed by educational psychologist Malcolm Knowles. In 1982 Knowles' theory of adult education, based in humanistic precepts, was popularized in the clinical field through Professor Frank Bloch's groundbreaking article, "The Andragogical Basis of Clinical Legal Education." Clinicians embraced Knowles' theories of "self-directed learning," "facilitated learning," and "competency-based education" as justifications for their teaching methodology. Such concepts contrasted sharply with more traditional pedagogical models …

Designing An Extern Clinical Program: Or As You Sow, So Shall You Reap, Linda F. Smith

Clinical Law Review

The idea of offering an Extern (or Field Placement) Clinical Program can arise in one of three ways: 1) students may want certain "work" experiences for their educational or career advancement; 2) law offices or agencies in the community may seek students to do "volunteer work" with them; or 3) the faculty may conceive of experiences in the legal community as offering educational benefits that will complement or augment the existing curriculum. Whatever way the idea of an extern program arises, all three of the above contingencies must be fully considered and coordinated. Designing a field placement clinical program should …

Re-Framing Empathy In Clinical Legal Education, Peter Margulies

Clinical Law Review

There are two important things to remember about empathy - it is necessary, and it is impossible. Without some degree of empathy, which I define here as imagining the mutuality and difference reflected in someone else's standpoint, people could not live together. Even conservatives, who generally disdain government obligations to assist people living in poverty, tend to concede that private charity fueled by some form of empathy constitutes a moral imperative. Yet, because conservatives eschew most governmental efforts to help the poor, they typically argue that enforcing that moral imperative is a job for the next world, not for this …

Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell

Clinical Law Review

By nature I am a somewhat skeptical person. I do not trust much of what is in the papers, except perhaps the box scores contained in the sports section. Nor am I tempted to send away $19.95 plus shipping and handling for some cream which, when rubbed over the surface of my faded and rust-pitted car, is promised to magically restore the paint to its original condition. Yet when it comes to theories of Narrative and Client-Centered Representation, I believe with all my heart and soul. In fact, it is probably fair to say that these theories provide the two …

Learning To Fish, Fishing To Learn: Guided Participation In The Interpersonal Ecology Of Practice, Brook K. Baker

Clinical Law Review

My earliest memory of fishing is watching a bobber in the water. It's red and white, resting on the surface of the shimmering lake - and I'm watching it intently. I'm staring at the bobber because my father has told me that the bobber will let me know when a fish bites my worm. My father has impaled a ruddy brown night crawler on my fishhook - a gross but compelling piece of surgery to a five-year old. He then threw the hook, line, and sinker - plus bobber and worm - into the lake fifteen feet from the shore. …

Lawyer For Empowerment: Community Development And Social Change, Daniel S. Shah

Clinical Law Review

Since legal scholarship first portrayed community development as a paradigmatic field for lawyers to participate in affecting collective empowerment, lawyers in legal service organizations, law firms, and law school clinics have increasingly engaged in community development practice. Through the representation of community based organizations working to combat the conditions of urban poverty, community development law practice seeks to affect social change for inner city residents through neighborhood revitalization, affordable housing development, and community economic development. How do the processes of community development affect its intended beneficiaries? To what extent does the involvement of lawyers affect the practice, structure, and goals …

Unwritten Laws And Customs, Local Legal Cultures, And Clinical Legal Education, Andrea M. Seielstad

Clinical Law Review

As a clinical teacher I have the opportunity each semester to witness third-year law students discover, in many cases for the first time in their lives, what it means to be a practitioner of law. Through representation of real clients, student interns have the opportunity to engage in a variety of typical lawyering activities, such as interviewing and counseling of clients and witnesses, case planning, preparation of written pleadings and other documents, negotiation, and trial advocacy. Informed by a law school education that emphasizes the litigation process and the study of the written law, including certain areas of substantive law …

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Clinical Law Review

In the summer before their first semester, most law schools encourage students to read a host of books to prepare for the enterprise ahead. While their friends are lying on the beach reading escape novels, prospective law students are reading such classics as The Nature of the Judicial Process and lighter fare about lawyering like The Buffalo Creek Disaster and A Civil Action. Come late August, first semester students are already tarrying to assimilate the lawyer's tools of logical analysis and seeking to absorb The Rule of Reason. Meanwhile, their friends are still at the beach, perhaps reading pop psychology. …

Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff

Clinical Law Review

Romanians eat our Big Macs, wolf down pizza slices at Pizza Hut, and guzzle Coca-Cola. They wear baseball caps, Nike clothing, and tennis shoes. They listen to American rap and pop music, see American movies with Romanian subtitles, and watch all of our old television shows. Romanians of all ages, but especially the young, hunger and thirst for all things Western, particularly from the United States. Doesn't it follow, then, that Romanian law schools ought to have - and, indeed, Romanian law professors would want - that symbol of an innovative, modern American law school curriculum: a live client clinical …

Mirabile Dictu: The Bryn Mawr College Library Newsletter 3 (1999), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

Windfalls, Eric Kades

Faculty Publications

No abstract provided.

The American Courtroom Trial: Pop Culture, Courthouse Realities, And The Dream World Of Justice, David Ray Papke

Faculty Publications

No abstract provided.

Review Essay: R. B. Dobson And J. Taylor. Rymes Of Robyn Hood: An Introduction To The English Outlaw, Julian Wasserman

Quidditas

R. B. Dobson and J. Taylor. Rymes of Robyn Hood: An Introduction to the English Outlaw. Gloucestershire: Sutton Publishing, Ltd., 1997. 332 pp.

Stephen Knight and Thomas Ohlgren. Robin Hood and Other Outlaw Tales. Kalamazoo, MI: Medieval Institute Publications, 1997. 723 pp.

Review Essay: Arthur Marotti, Ed. Catholicism And Anti-Catholicism In Early Modern English Texts, Eugene R. Cunnar

Quidditas

Arthur Marotti, ed. Catholicism and Anti-Catholicism in Early Modern English Texts. New York: St. Martin’s Press, 1999. 266 pp.

Milan And The Development And Dissemination Of Il Ballo Nobile: Lombardy As The Terpsichorean Treasury For Early Modern European Courts, Katherine Tucker Mcginnis

Quidditas

"Le mosche d'Italia in una poppa, Volando in Francia, per verder i ragni...." In these lines, titled "Di Pompeo Diabone," the Milanese artist and poet Giovanni Paolo Lomazzo celebrated the Italian dancing masters who, lured like flies to the web of the spider, served in the courts of France. In the sixteenth century there were many Italians in France, including a large number of influential and prosperous dancing masters. In spite of obvious connections with Florence via Catherine de’ Medici, the majority came from Lombardy, an area long considered the center of il ballo nobile, the formalized social …

The Life And The Literary Reputation Of Margaret Cavendish, James Fitzmaurice

Quidditas

It might be said of the œuvre of Margaret Cavendish (1623–1673) and in loose, jocular paraphrase of Sigmund Freud that biography has been destiny. Certainly a great many people who study British literature today pay as much attention to the various, often brief, assessments of the life of the woman as to what she wrote. For those scholars who concentrate on canonical male writers of the seventeenth century, she remains as she has for the last fifty years or so—a colorful eccentric who goes by the nickname “Mad Madge.” She is, thus, sufficiently represented by the few poems, the snippet …

End Matter, Byu Studies

BYU Studies

No abstract provided.

Russia And The Restored Gospel Gary Browning, Kahlile Mehr

BYU Studies

Gary Browning. Russia and the Restored Gospel. Salt Lake City: Deseret Book, 1997. xxii, 377 pp. Index, chronology. $11.99.

Toward The Folkloristic Study Of Latter-Day Saint Conversion Narratives, Eric A. Eliason

BYU Studies

Frequently told among Latter-day Saints, conversion stories—both one's own or those of one's ancestors—constitute an important and overlooked genre at the core of Mormon narrative folklore.

Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss

Publications

Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …

What Explains Wage Differences Between Union Members And Covered Nonmembers?, Edward J. Schumacher

Health Care Administration Faculty Research

An individual covered by a collective bargaining agreement but who is not a union member is estimated to earn about 13% lower wages than a union member. Sectors with relatively few covered nonmembers are associated with a large coverage differential, while sectors with high proportions of covered nonmembers are associated with small differentials. This suggests freeriders either weaken the bargaining position of the union or weak bargaining positions increase the incentive to freeride. Only a modest amount of this differential is accounted for by unmeasured ability, the probationary period associated with newly hired union workers, or union status misclassification.

Stratigraphy And Tectonics Of Tertiary Strata Of Southern Cache Valley, North-Central Utah, R. Q. Oaks Jr., K. A. Smith, Susanne U. Janecke, M. E. Perkins, W. P. Nash

Geosciences Faculty Publications

Southern Cache Valley occupies one of several large north-trending valleys in the northeastern part of the Basin and Range Province. It lies between the Wellsville Mountains in the west and the Bear River Range in the east. Paleozoic rocks exposed in the two mountain ranges dip easterly adjacent to the north part of the study area and in a narrow horst along the valley center in the south, but curve to a northerly dip in the southwest. A complex depositional and tectonic evolution of Tertiary strata in southern Cache Valley was determined in this study. Detailed photogeologic and field mapping, …