Law Commons^™

Becoming Global Lawyers? A Comparative Study Of Civic Professionalism, John Bliss

Sturm College of Law: Faculty Scholarship

Through their professional education and training, new lawyers are generally encouraged to adopt a civic vision of professional identity. This article explores convergences and diverges in how new lawyers entering an increasingly globalized legal profession conceive of their civic roles in different national contexts. In particular, I examine corporate lawyers-in-training in the U.S. and China, drawing on interviews and a cross-cultural identity mapping method to compare their accounts of the lived experiences of civic professionalism. I find that professional identity formation in the U.S. sample is largely marked by role distancing and a sense of constrained public-interest expression. In contrast, …

What We Do: The Life And Work Of The Legal Writing Professor, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

The life of the legal writing professor in today’s law schools is a challenging yet rewarding one. Out of necessity, over the last thirty years the pedagogy of legal writing has expanded to include much more than just writing skills—it has become every law student’s introduction to a broad set of basic lawyering skills and is more appropriately styled the Lawyering Process (LP). The increasing gravity and responsibility of the Lawyering Process course has led to expansion of credits given to the course and gradually to greater status and equity to the faculty who teach it, although most of us …

Looking Back: A Case Study Of Career Interest And Experiential Learning In Law School, David I.C. Thomson, Stephen Daniels

Sturm College of Law: Faculty Scholarship

This article is divided into four parts. First, some general observations on what led us to think about our research differently-the importance of career relevance with attention to students interested in a business-related career. Second, an overview of our ongoing study of students and experiential learning at Denver Law-a study designed to follow an incoming class as it goes from first year to last and into the practice of law. Third, through the lens of career interest, an analysis of 1L Denver Law students' preferred style of learning and their views on experiential learning. Fourth, a corresponding analysis of Denver …

If You Build It, They Will Come: What Students Say About Experiential Learning, David I.C. Thomson, Stephen Daniels

Sturm College of Law: Faculty Scholarship

Our purpose here is to explore one of the “natural experiments” cited by the Task Force: the Experiential Advantage (EA) program at the University of Denver’s Sturm College of Law (Denver Law). EA was developed as a part of a greater general focus on experiential learning and is built upon the three “Carnegie Apprenticeships” – “the intellectual or cognitive,” “the forms of expert practice,” and “identity and purpose.” It was implemented at Denver Law starting with students entering in August 2013. To explore this natural experiment, we took a particular route and did so for what we see as good …

Divided Selves: Professional Role Distancing Among Law Students And New Lawyers In A Period Of Market Crisis, John Bliss

Sturm College of Law: Faculty Scholarship

In the terms of Erving Goffman’s classic role distancing analysis, newly admitted law students often aspire to an “embraced” lawyer role that directly expresses their personal and political values. Empirical research has suggested that during law school these students are instructed in an amoral and apolitical vision of professionalism. The literature has paid less attention to how students internally experience these norms within their continual processes of self-construction. This article takes an exploratory microdynamic look at professional identity formation drawing on longitudinal interviews and identity mapping with three student cohorts. I find that over the course of their legal education …

Skills & Values: Discovery Practice, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Skills & Values: Discovery Practice, Third Edition, is designed to serve as an introduction to the practical application of the discovery rules. The book introduces each discovery topic briefly and then provides a context and structure for exercises and self-study. Skills & Values: Discovery Practice can be used by a professor teaching a full pre-trial course, or one focused just on discovery law. It can be used alone or in conjunction with another pre-trial text, and it can be used with the problem set provided in the appendix or with a professor's own problem set. It also can be …

Skills & Values: Lawyering Process, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

This legal writing text is unlike others in that it is a hybrid text, with a smaller portion in print and the rest available to professors as supplemetary materials. This offers several advantages over other books. First, it is somewhat less expensive than a traditional text, and with the significant burden of textbook costs on our students, this is an advantage they appreciate. Second, it is based on the belief that students today need to read less and do more, and be active, rather than passive, in their learning.

It is no secret to educators that our students are changing, …

Fred Cheever - The Denver Law Ideal, Martin J. Katz

Sturm College of Law: Faculty Scholarship

Fred was a mythical figure at Denver Law. Truly. I arrived at the school in the fall of 2000, while Fred and his family were overseas on sabbatical. From the first day I arrived, people would say, ""You have to meet Fred. He is the greatest."" He was billed as the greatest mentor, the greatest teacher, the greatest scholar, and the most thoughtful addition to any endeavor we might be contemplating. As the accolades for Fred-in-absentia piled up, I became convinced that Fred did not actually exist; that he was a mythic hero created by my colleagues to describe their …

The Experiential Course Book I Have Been Waiting For, Martin J. Katz

Sturm College of Law: Faculty Scholarship

There is an exciting movement toward practical legal education in U.S. law schools. There are many good reasons for this movement, including demand from students and potential students, as well as demand from the employers and clients that will hire those students. Additionally, a plethora of compelling studies strongly suggest that adults learn best through practical, contextual, experiential education.

Yet, many professors in U.S. law schools continue to teach using more traditional methods. There are a number of reasons for this. Perhaps the most widespread reason why professors hesitate to engage in experiential, or problem-based, teaching is the amount of …

Encouraging This Particular Form Of (Very Fun) Madness – Roles For Deans And Faculty Members, Martin J. Katz, Phoenix X. F. Cai

Sturm College of Law: Faculty Scholarship

Our broader goal is to encourage experiential learning in the transactions curriculum. I know that all of you are here and do not need convincing. So my goal for this session is to try and provide some persuasive tools to help you convince people at your schools about both the value and the possibility of this type of teaching and learning.

"Teaching" Formation Of Professional Identity, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

This Article is my attempt to provide a guide to what professional identity formation is—as distinct from more familiar concepts of professionalism and ethics—and what legal educators are doing, and could do in the future, to foster this sort of professional formation in their courses and curricula. In Part I, I offer some background and history of the topic, which supports a new definition provided in the Article for lawyer professional identity formation. I describe in Part II what some schools are doing to “teach” formation of professional identity and argue that those efforts have some significant limitations. I argue …

Defining Experiential Legal Education, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

This article offers in Part I the major sources for a possible new definition of experiential learning, and describes the limitations of the definitional elements that we currently have. Part II argues that the definitions we currently have are not only limited but their limitations are being further exposed by the growth and variety in experiential learning opportunities currently being offered in many law schools. Part III offers a new definition for experiential learning in law, together with a series of questions that can be used in applying the definition. Finally, Part IV offers application of the new definition to …

Understanding The Costs Of Experiential Legal Education, Martin J. Katz

Sturm College of Law: Faculty Scholarship

Law schools across the country are under pressure to do two seemingly contradictory things. First, we must do a better job of preparing our graduates for practice. Most commentators, including me, believe that this requires law schools to increase the quantity and quality of experiential education we provide. At the same time, law schools are under pressure to control costs. If we do not do so, we risk pricing a large and growing segment of the population out of our market. Can law schools meet both of these mandates simultaneously? The received wisdom seems to be that experiential education is …

When The Aba Comes Calling, Let’S Speak The Same Language Of Assessment, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

There has been much discussion recently in legal education circles about the need for improvements in assessment. Recently, the American Bar Association has responded by adding an assessment requirement to the accreditation standards, making the subject even more urgent. Because most of us in the legal academy are new to the language and methods of assessment, there have been misunderstandings. And further, because there are different levels of assessment and each level usually has different goals, sometimes the discussion can become confused. It is imperative that we understand the different levels and goals of assessment projects, so we may communicate …

The M Word, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

The push to incorporate mindfulness into the practice of law is gaining traction. Defined as "paying attention, on purpose, to the present moment, non-judgmentally," mindfulness can be both a state of being (a reaction to a given situation or moment in time as a calm observer of what is happening within it) as well as a trait of being (a larger approach to all of life's moments; a perspective). This Idea more fully defines mindfulness and its value to the practice and teaching of law, and it shows how clinical law professors in particular have embraced mindfulness as a core …

Analyzing Carnegie’S Reach: The Contingent Nature Of Innovation, Stephen Daniels, Martin J. Katz, William Sullivan

Sturm College of Law: Faculty Scholarship

Our interest is curricular innovation, with a focus on the recommendations of the 2007 Carnegie report – Educating Lawyers. Recognizing that meaningful reform requires an institutional commitment, our interest also includes initiatives in the areas of faculty development and faculty incentive structure that would support curricular innovation. Additionally, we are curious as to what might explain change and whether certain school characteristics will do so or whether external factors that challenge legal education offer an explanation. To explore these issues we surveyed law schools (a 60.5% response rate). The results show that while there is much activity in the area …

Good-Bye Christopher Columbus Langdell?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The call of this Article was to take "A Prospective Look" at Environmental and Natural Resources Law for the next 40 years with a special focus on law school teaching. Daunted by the hubris involved in prognosticating so far into the future, this piece more modestly explores three areas in which law school teaching is currently changing: I. Methods of Presentation; II. Use of Skills Exercises; and III. Influence of Digital Technologies and the Internet. To add an empirical component, the author canvassed AALS members about pedagogies they used both in class and outside of classroom time, as well as …

Using Student Evaluation Data To Examine And Improve Your Program, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

At many schools, directing a legal writing program today is quite different than it was even 10 years ago. As LRW faculties mature and the individual faculty members grow in the profession, the need for a “top-down” director is lessening or going away in many programs. However, in many schools there remains a valuable leader/coach sort of role for a director, whether that person rotates, coordinates, or however it works in practice that is best for the school. This new sort of director is ideally someone who is able to encourage and support a culture of programmatic excellence and is …

Facilitating Better Law Teaching – Now, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Essay is about solutions—real solutions that law schools can deploy right now to improve the education we provide. And it is about how to overcome obstacles to implementing those solutions right now. This is how change happens.

Teaching Professional Identity In Law School, Martin J. Katz

Sturm College of Law: Faculty Scholarship

Law schools are in the business of teaching students legal doctrine. Since the introduction of the case method at Harvard Law School in the late 1800s, law schools regularly have taught students how to find doctrine (research); how to identify doctrine (reading cases and other legal texts); how to understand doctrine (exploring the limits of legal texts, and applying rules from old texts to new facts); and how to critique doctrine (discussing whether a particular rule is a good one, based on the goals the rule might seek to accomplish). In more recent times, law schools’ stakeholders—including clients, firms, judges, …

Practice-Ready: The False Dichotomy Between Theory And Practice, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The leaders in education reform understand that the goal is to create multi-faceted and balanced graduates – those who not only understand the law at a deep level, but also know how to use the law to solve their clients’ problems. Yes, it is probably important for a future litigator to understand how to take a deposition. But if we teach that skill, it is not instead of teaching the doctrine that will support the theory of the case (and the ability to research and understand that doctrine), or even the theory behind the doctrine, which would allow the graduate …

Response To The David Segal Article, November 19, 2011, In New York Times, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As David Segal’s November 19 article accurately reflects, the legal market is changing. Clients are no longer willing to foot the bill for young lawyers’ training, and thus law firms are increasingly looking to the law schools to produce practice-ready graduates.

The good news is that there are clear solutions to the problem, and they are already in motion. A report published in 2007 by the Carnegie Foundation entitled "Education Lawyers" identified precisely the problem described in Mr. Segal’s article and suggested that law schools should address it by developing courses that educate law students on three levels: knowledge, practice …

Why This Time Is Different: The Perfect Storm And The Future Of Legal Education, Martin J. Katz

Sturm College of Law: Faculty Scholarship

When we discuss legal education reform, some of the more jaded members of our community often ask, “Why is this time any different?” They rattle off a list of dust-covered reports about proposed reforms for legal education, often dating back several decades, and wonder how we can be optimistic about the prospects for meaningful reform now.

The answer is that we are in the midst of a perfect storm; one in which several powerful forces are driving law schools toward reform.

Outcomes & Assessment: A Golden Opportunity For Lrw Professors, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

The American Bar Association is currently discussing drafts of a proposal to shift the law school accreditation standards from inputs measurements (such as numbers of books, faculty student ratios, etc.) to outcomes assessment. While still in discussion, this shift has the potential to create profound change in legal education. For the first time, law schools may be held accountable – beyond the bar exam – for what and how they teach their students. Law schools all across the country are busy trying to determine what this will mean, and how to go about meeting the new ABA standard.

New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler

Sturm College of Law: Faculty Scholarship

As foreign as it can seem to not be in a physical classroom with bodies sitting in the chairs listening, it is a very different way of teaching but it can be very effective. If you go through this process of developing and dividing outcomes, dividing modules, and selecting the right technology, it can work. And that is kind of a scary thought to some people. Perhaps not people who have come to this section today or to this conference about What's Next, but for many of our colleagues, this is kind of a scary thought – that you might …

Professor's Paper Targets Klan Reference On University Of Texas Dorm... And Gets Action, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

Ten weeks ago, my 48-page legal history paper started a Texas-sized controversy about a University of Texas dormitory named for a Klan leader. UT first admitted African-American students in 1950 after the NAACPʼs Legal Defense Fund lawyers beat Texas before the US Supreme Court in Sweatt v. Painter. Four years later, the great NAACP lawyers won Brown v. Board of Education. Just a few weeks after the Brown decision, UT put a Klansmanʼs name on a brand-new dormitory for law and graduate students.

Law School 2.0: Legal Education For A Digital Age, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

Legal education is at a crossroads. As today's media-saturated students enter law school, they find themselves thrust into old style lecture-orientated, casebook modes of instruction, much of which is over 100 years old. Over those years legal education has resisted many studies recommending change, most recently from the Carnegie Foundation for the Advancement of Teaching and the Clinical Legal Education Association. . .

U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column concludes a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. The justices discussed usage and grammar issues, as well as their own pet peeves as readers of legal writing.

U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column continues a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. In addition to discussing the elements of effective legal writing, the justices talked about their own writing processes.

U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column begins a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. This first part explores the two aspects of good legal writing that were the most often mentioned by the justices during their interviews: clarity and conciseness.