Education Commons^™

Identification Of Unsuccessful Students In General Chemistry, G. Robert Shelton, Joseph M. Simpson, Diana Mason

All Faculty Scholarship

The Networking for Science Advancement (NSA) team collected data from multiple general chemistry courses at nine universities within a broad geographic setting in a majority-minority US state. Data include diagnostic scores on the Math-Up Skills Test (MUST), quantitative literacy/quantitative reasoning (QL/QR) quiz, along with student demographics, and overall course grades. From these data the team determined how automaticity skills in procedural arithmetic and quantitative literacy and reasoning can be used to predict success in lower-division chemistry courses. By expanding this dataset, we extended our investigations to discover what characterizes successful and unsuccessful students in general chemistry, first and second semesters …

Predictability Of The Must (Math-Up Skills Test), Diana Mason, G. Robert Shelton

All Faculty Scholarship

In the USA for the most part, completion of a first-semester general chemistry (Chem I) course lays the foundation deemed necessary for understanding second-semester general chemistry (Chem II) topics. Successful completion of Chem I and II gives students permission to progress to organic chemistry I (O-Chem). A series of studies undertaken by the NSA (Networking for Science Advancement) Texas team began in 2016. Texas is one of five majority-minority states in the USA and hosts a significant Hispanic population. The purpose of this research line is to evaluate the influence of basic arithmetic automaticity (what students can do without a …

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

All Faculty Scholarship

No abstract provided.

Internet Connectivity Among Indigenous And Tribal Communities In North America - A Focus On Social And Educational Outcomes, Christopher S. Yoo, Leon Gwaka, Muge Haseki

All Faculty Scholarship

Broadband access is an important part of enhancing rural community development, improving the general quality of life. Recent telecommunications stimulus projects in the U.S. and Canada were intended to increase availability of broadband through funding infrastructure investments, largely in rural and remote regions. However, there are various small, remote, and rural communities, who remain unconnected. Connectivity is especially important for indigenous and tribal communities to access opportunities for various public services as they are generally located in remote areas. In 2016, the FCC reported that 41% of U.S. citizens living on tribal lands, and 68% of those in the rural …

Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis

All Faculty Scholarship

In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats among a new generation of leaders at Penn Law from a diverse demographic. This exploration looked at individual patterns of conduct, institutional policies and organizational behavior that could combat a new generation of structural and systemic biases. Thirty years after the landmark study by Lani Guinier, we look …

When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl

All Faculty Scholarship

Technology lawyers, intellectual property (IP) lawyers, or even any corporate lawyer with technology clients must understand standard essential patents (SEPs) and how their licensing works to effectively counsel their clients. Whether the client’s technology is adopted into a voluntary standard or not may be the most important factor in determining whether the company succeeds or is left behind in the market. Yet even though understanding SEPs is critical to a technology or IP practice, voluntary standards and specifically SEPs are generally not taught in law school.

This article aims to address this deficiency and create more practice-ready law school graduates. …

Reviewing Inter Partes Review Five Years In: The View From University Technology Transfer Offices, Cynthia L. Dahl

All Faculty Scholarship

With the implementation of the inter partes review (IPR) proceeding under the America Invents Act in 2012, university technology transfer offices (TTOS) were worried that the value of their patents might be irreparably harmed. With IPR proceedings making patent challenges easy, relatively inexpensive, and a threat extending over the lifetime of a patent, TTOs wondered if IPRs might do nothing short of undermining their licensing business model.

However, although IPRs have irreparably changed the patent infringement landscape outside of the university setting, the effect on university patents has not been nearly as severe. This chapter explores why that might be …

Defined Contribution Plans And The Challenge Of Financial Illiteracy, Jill E. Fisch, Annamaria Lusardi, Andrea Hasler

All Faculty Scholarship

Retirement investing in the United States has changed dramatically. The classic defined-benefit (DB) plan has largely been replaced by the defined contribution (DC) plan. With the latter, individual employees’ decisions about how much to save for retirement and how to invest those savings determine the benefits available upon retirement.

We analyze data from the 2015 National Financial Capability Study to show that people whose only exposure to investment decisions is by virtue of their participation in an employer-sponsored 401(k) plan are poorly equipped to make sound investment decisions. Specifically, they suffer from higher levels of financial illiteracy than other investors. …

Intellectual Property: Ownership And Protection In A University Setting, Cynthia L. Dahl

All Faculty Scholarship

Before an academic entrepreneur may protect or commercialize an invention, they must understand if they own the rights to it. This short chapter helps the inventor to consider the various scenarios that occur in a university setting. It advises the inventor how to seek a waiver from the university if they believe they are the true owner of the invention. If the facts indicate that the invention should be owned by the university, the chapter also discusses how a university decides to formally protect the invention through patent or copyright. Finally, the chapter advises the inventor how to stay involved …

Intellectual Property: Commercializing In A University Setting, Cynthia L. Dahl

All Faculty Scholarship

If an academic entrepreneur wants to commercialize their invention, they must first clarify who owns the invention, and then decide on the best commercialization possibility. This short chapter describes the various scenarios that might occur in a university setting. In most cases, a university will own the invention created by its researchers and faculty because of their employment. A university may then either license out the entrepreneur’s invention to a third-party company to further develop and commercialize, or may license the invention back to the entrepreneur so that they may commercialize it themselves through a start-up. Such license agreements will …

Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass

All Faculty Scholarship

No abstract provided.

Flipping The Classroom To Teach Workplace Adr In An Intensive Environment, Martin H. Malin, Deborah Ginsberg

All Faculty Scholarship

No abstract provided.

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

All Faculty Scholarship

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of …

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker

All Faculty Scholarship

No abstract provided.

From The Technical To The Personal: Teaching And Learning Health Insurance Regulation And Reform, Allison K. Hoffman, Whitney A. Brown, Lindsay Cutler

All Faculty Scholarship

In the Fall of 2016, I taught Health Law and Policy for the fourth consecutive semester. Over time, one thing has become increasingly clear: the aspect of this course that I work with most closely as a scholar—the regulation of health care financing and insurance, including the Patient Protection and Affordable Care Act (ACA)—is also the material that I find the most challenging to teach. Every time I reflect on teaching this material, and hear from students about how they learn this material, the thing that stands out is how critical it is that my students understand the profound impact …

Review Of Environmental Education In China By Gerald A. Mcbeath And Jenifer Huang Mcbeath, Denise M. Glover

All Faculty Scholarship

Book Review

The Legal Limits Of “Yes Means Yes”, Paul H. Robinson

All Faculty Scholarship

This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …

Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan

All Faculty Scholarship

This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …

Teaching Would-Be Ip Lawyers To "Speak Engineer": An Interdisciplinary Module To Teach New Intellectual Property Attorneys To Work Across Disciplines, Cynthia Laury Dahl

All Faculty Scholarship

More than ever before, law school graduates interested in business law enter a workforce where they must effectively interface with professionals from other disciplines. Yet there are precious few opportunities in law school for students to practice the skills required to perform on an interdisciplinary team. This is especially true regarding mixed teams of law and technical students.

This essay explores a model for integrating an interdisciplinary practicum module into a free-standing class. The module challenges teams of law and engineering students to work together to perform a prior art search, interview an inventor, and draft patent claims over a …

Engaging Children’S Spontaneous Questions About Social Diversity, Amy E. Ryken

All Faculty Scholarship

In this article the author shares conversations she has had with elementary students inquiring about her gender identity to make visible the daily-ness of conversations about sameness and difference and to surface her own struggles with, and pedagogical deliberations about, these conversations. The conversations are conceptualized as both the unit of participation and analysis. Analyzing transcripts of conversations creates a tool for teacher reflection and proactively surfaces discussions about identity and social participation.

Beyond Gilson: The Art Of Business Lawyering, Praveen Kosuri

All Faculty Scholarship

Thirty years ago, Ronald Gilson asked the question, “what do business lawyers really do?” Since that time legal scholars have continued to grapple with that question and the implicit question of how business lawyers add value to their clients. This article revisits the question again but with a more expansive perspective on the role of business lawyer and what constitutes value to clients.

Gilson put forth the theory of business lawyers as transaction cost engineers. Years later, Karl Okamoto introduced the concept of deal lawyer as reputational intermediary. Steven Schwarcz attempted to isolate the role of business lawyer from other …

Toward A Closer Integration Of Law And Computer Science, Christopher S. Yoo

All Faculty Scholarship

Legal issues increasingly arise in increasingly complex technological contexts. Prominent recent examples include the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), network neutrality, the increasing availability of location information, and the NSA’s surveillance program. Other emerging issues include data privacy, online video distribution, patent policy, and spectrum policy. In short, the rapid rate of technological change has increasingly shown that law and engineering can no longer remain compartmentalized into separate spheres. The logical response would be to embed the interaction between law and policy deeper into the fabric of both fields. An essential step would …

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Kehner, Mary Ann Robinson

All Faculty Scholarship

This Article identifies common characteristics of effective professionalism instruction to provide guidance in how to design innovative professionalism instruction. After introducing the topic in Part I, Part II of this Article describes the origins and development of the professionalism education movement in American Law schools. Part III of this Article explains our methods for collecting information and identifies and summarizes the predominant trends, and provides examples of noteworthy programs or initiatives. Part IV concludes by describing our method for assessing successful programs and identifying the characteristics of effective professionalism instruction.

Losing My Religion: The Place Of Social Justice In Clinical Legal Education, Praveen Kosuri

All Faculty Scholarship

Many law school clinics presume a “social justice” mission—that is, representation of the indigent and under-represented about poverty law issues—as the only legitimate goal for clinic clients and matters. This article contends that social justice should not be presumed, but rather should be considered an option—among many—to include in a clinic’s pedagogy. If increased experiential learning opportunities for students are a real objective, and clinics are the pinnacle of those opportunities, then broadening the portfolio of clinical offerings to include those that are not focused on social justice should be a valid proposition. The modern clinical legal education movement that …

Because It’S A Girl Cake!: Fostering Dialogue About Gender Identity In Elementary Classrooms, Amy E. Ryken, Niko Wacker

All Faculty Scholarship

In this documentary account, a kindergarten teacher and teacher educator describe our efforts to explore how young children think and reason about gender expression in and beyond the classroom. We describe our ongoing collaboration to develop a framework for teacher-initiated and student-initiated conversations about gender, which often result from students’ spontaneous remarks and questions about gender norms. We explore the question, How can educators create relevant and engaging learning opportunities to invite young learners to discuss gender norms within the classroom? In this paper we share kindergartners’ conversations about gender and three examples of their writing about this topic. We …

“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri

All Faculty Scholarship

In speaking about “impact” clinical legal education, it is almost always exclusively as litigation—innocence projects, representing Guantanamo detainees, human rights concerns, environmental issues. Though these clinical efforts target different societal ills, all try to use the legal system as a catalyst for change. Rarely do clinicians invoke the word “impact” in the same manner in discussing transactional legal work much less transactional clinics. Yet transactional clinics can and do perform impact work. This article describes the current landscape of transactional clinics, the distinct evolution of community economic development clinics from small business and organizations clinics and argues that both can …

Silence = Bullying And Death, Conversation = Relationships And Life, Amy E. Ryken

All Faculty Scholarship

Keynote address examining schools' responses to bullying and the kinds of questions young children pose about identity given by Amy E. Ryken at the Lavender Graduates Celebration on May 13, 2011 at the University of Puget Sound.

What Matters Is Mutual Investment And Evidence-Based Dialogue Designing Meaningful Contexts For Teacher Learning, Amy E. Ryken, Fred Hamel

All Faculty Scholarship

How might teachers be supported as professional learners, in activities and conversations that assist, rather than distract from, the complex work they do each day? In this article we describe a public school/university partnership model designed to support practice-oriented communication among educators– where professionals from various roles, institutional affiliations, and experience levels, communicate together about the details of their teaching. We outline the principles behind our approach and describe the specific practices we use to promote communication that engages teachers’ pedagogical thinking. We share how teachers’ own practice can become a centerpiece of professional development, and how authentic questions and …

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

All Faculty Scholarship

No abstract provided.