Law Commons^™

A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer

Faculty Works

This article introduces a clinical systems approach that reframes professional experience as an interaction with a professional environment. The article encourages clinical faculty and other legal educators to contemplate the pedagogy of systemic interaction when teaching from experience and to then expand professional interactive opportunities within the short period of student participation. Clinical systems theory operates on the premise that students should reframe how they look at their surroundings so that the challenges that make up their professional system are not seen as problems but as means to a solution. Reframing by the student is realized in a clinical system …

Opposition To Clinics Tests Attorney-Client Privilege; Students Working On Pro Bono Cases Leave Schools Vulnerable To Confidentiality Challenges, Patrick C. Brayer

Faculty Works

This National Law Journal article draws attention to past attempts by government and private parties to pierce the protections of the attorney client relationship, specifically confidentiality, when it comes to the representation of clients by law school clinics. Several law school clinics and innocence projects have defended themselves against actions by prosecuting attorney offices and opposing parties who have attempted to obtain information that is traditionally protected by state and federal confidentiality rules. Law school clinics, public interest organizations, innocence projects, government agencies and Public Defender organizations can better protect themselves from future attempts by opposing parties to invade the …

Can Do: Training Lawyers To Be Effective Counselors To Entrepreneurs, Anthony J. Luppino

Faculty Works

This Report is the result of a grant to the University of Missouri-Kansas City from the Ewing Marion Kauffman Foundation to research and describe current methods of training law students and lawyers destined to represent entrepreneurs, and to identify promising pedagogy in pursuit of the goal of educating effective counselors to entrepreneurial clients. Entrepreneurs clearly need help in dealing with a multitude of increasingly complex laws and regulations. They may also require counsel in obtaining financing and negotiating their transactions, within the bounds of the applicable rules, to achieve their goals. The research reflected in this Report indicates that there …

Calling For Stories, Nancy Levit, Allen Rostron

Faculty Works

Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …