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Lessons And Opportunities For Negotiation Teachers Following The Covid-19 Pandemic, Ana Lenard Jan 2021

Lessons And Opportunities For Negotiation Teachers Following The Covid-19 Pandemic, Ana Lenard

LL.M. Essays & Theses

In 2020-2021, and resulting from the Covid-19 pandemic, I taught and studied university negotiation courses online. In this essay I reflect on my experiences of teaching and learning online, ground them in pedagogical research, and distil key lessons and opportunities for negotiation teachers across three topics (creating inclusive classrooms, the role of technology, and equipping our students to meet the demands of the modern world). Teaching online has led to a collective upskilling in our understanding of our students, of what matters in life, and of how technology can enhance our teaching. We have agency in our classrooms to help ...


Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm Jan 2019

Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm

Faculty Scholarship

Effective lawyering requires the ability to manage contradictory yet interdependent practices. In their role as traditionally understood, lawyers must fight, judge, debate, minimize risk, and advance clients’ interests. Yet increasingly, lawyers must ALSO collaborate, build trust, innovate, enable effective risk-taking, and hold clients accountable for adhering to societal values. Law students and lawyers alike struggle, often unproductively, to reconcile these tensions. Law schools often address them as a dilemma requiring a choice or overlook the contradictions that interfere with their integration.

This Article argues instead that these seemingly contradictory practices can be brought together through the theory and action of ...


Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter Jan 2018

Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter

Faculty Scholarship

Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet.

Though we have these laudable teaching and service goals – and a vast literature describing the role of clinics in both the teaching and service dimensions – we have scant empirical ...


Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter Jan 2017

Measuring Law School Clinics, Colleen F. Shanahan, Jeffrey Selbin, Alyx Mark, Anna E. Carpenter

Faculty Scholarship

Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet.

Though we have these laudable teaching and service goals – and a vast literature describing the role of clinics in both the teaching and service dimensions – we have scant empirical ...


Triumphs Of Commission, Eric L. Talley Jan 2017

Triumphs Of Commission, Eric L. Talley

Faculty Scholarship

Willis L.M. Reese Prize commencement address to the Columbia Law School class of 2017.


Christopher Columbus Langdell And The Public Law Curriculum, Peter L. Strauss Jan 2016

Christopher Columbus Langdell And The Public Law Curriculum, Peter L. Strauss

Faculty Scholarship

Teaching materials in public law courses typically rely almost wholly on judicial opinions as their primary materials, amplified by selections from the secondary literature. Constitutional text may appear independently, but statutory text rarely does, and the materials of the legislative process are generally absent. In administrative law course books, administrative opinions and the materials of rulemaking rarely fever appear. Yet these are primary materials with which lawyers must deal with increasing frequency. Lawyers encounter statutes, rules, administrative policies, and administrative disputes without judicial guidance, looking forward and not backward in time. The growth of courses in legislation and the regulatory ...


A Crib Sheet For Contracts Profs, Victor P. Goldberg Jan 2015

A Crib Sheet For Contracts Profs, Victor P. Goldberg

Faculty Scholarship

Over the last two decades I have been digging into the facts on a number of contracts cases, many of them featured in casebooks. I have collected the material in two books; one appeared in 2006 and the other is hot off the presses. This brief paper provides a roadmap for professors who might want more depth on the cases than is provided in the decisions or the casebooks. A recurring theme in the two books is that parties designing their contractual relationships must deal with change. This shows up in the manner in which they price the option to ...


Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Eliza Vorenberg, Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Lisa Bliss, Robin Boyle, Conrad Johnson, Susan Schechter, David Udell Jan 2015

Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Eliza Vorenberg, Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Lisa Bliss, Robin Boyle, Conrad Johnson, Susan Schechter, David Udell

Faculty Scholarship

This chapter of Building on Best Practices: Transforming Legal Education in a Changing World has contributions from many authors:

  • Section A, Professional Identity Formation, includes:
    • Teaching Knowledge, Skills, and Values of Professional Identity Formation, by Larry O. Natt Gantt, II & Benjamin V. Madison III,
    • Integrating Professionalism into Doctrinally-Focused Courses, by Paula Schaefer,
    • Learning Professional Responsibility, by Clark D. Cunningham, and
    • Teaching Leadership, by Deborah L. Rhode.
  • Section B, Pro Bono as a Professional Value, is by Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Susan Schechter, David S. Udell & Eliza Vorenberg.
  • Section C, The Relational Skills of the Law, includes ...


Jerry Mashaw And The Public Law Curriculum, Peter L. Strauss Jan 2015

Jerry Mashaw And The Public Law Curriculum, Peter L. Strauss

Faculty Scholarship

Written for a Yale Festschrift celebrating Professor Jerry Mashaw’s extraordinary life of scholarship, this essay takes his first published teaching materials as the jumping off place for an essay on the impact of early choices about the teaching of public law courses on the materials and issues our students see, and the changes that might be in the wind as new materials on Legislation and the Regulatory State emerge. With Richard Merrill, Jerry 40 years ago designed “The American Public Law System” for the first year of law school, treating legislation and administrative action as subjects worthy of serious ...


Robert Katzmann's "Judging Statutes", Peter L. Strauss Jan 2015

Robert Katzmann's "Judging Statutes", Peter L. Strauss

Faculty Scholarship

Chief Judge Robert Katzmann has written a compelling short book about statutory interpretation, stressing the importance to sensible interpretation of knowing Congress as an institution (as few judges do). Both as a resource for teaching, and as a useful compendium of the current literature, it is a very welcome addition to the genre. Though he is careful and fair to both, readers will not be surprised to find his views on the purposive rather than the textualist side of the current disputes. The book could set the framework for a two or three hour legislation class supplemented by cases and ...


The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen Jan 2015

The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen

Faculty Scholarship

This essay reframes the debate over the "growing disjunction" between legal scholarship and legal practice. Law review articles continue to make the world a better place, the essay stipulates. But are judicial opinions becoming less useful to students and scholars? A rigorous analysis and concrete prescriptions follow.


(Anti)Canonizing Courts, Jamal Greene Jan 2014

(Anti)Canonizing Courts, Jamal Greene

Faculty Scholarship

Within U.S. constitutional culture, courts stand curiously apart from the society in which they sit. Among the many purposes this process of alienation serves is to “neutralize” the cognitive dissonance produced by Americans’ current self-conception and the role our forebears’ social and political culture played in producing historic injustice. The legal culture establishes such dissonance in part by structuring American constitutional argument around anticanonical cases: most especially “Dred Scott v. Sandford,” “Plessy v. Ferguson,” and “Lochner v. New York.” The widely held view that these decisions were “wrong the day they were decided” emphasizes the role of independent courts ...


An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty Jan 2014

An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty

Faculty Scholarship

The authors first met in 2000, and have collaborated in conferences, workshops, and other projects since then. We also represent two sides of an international exchange that has frequently occurred in the past 15 years: a European law teacher who attends training sessions, networks with colleagues from other European universities, learns about American models of clinical education, and possibly receives some outside funding; and an American law teacher who is graciously hosted by Europeans, promotes American models of clinical education, and, one hopes, observes, listens and learns about the European system. We are also experienced teachers within our own universities ...


Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan Jan 2014

Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan

Faculty Scholarship

In thinking about education, teachers may spend more time considering what to teach than how to teach. Unfortunately, traditional teaching techniques have limited effectiveness in their ability to help students retain and apply the knowledge either in later classes or in their professional work. What, then, is the value of our teaching efforts if students are unable to transfer the ideas and skills they have learned to later situations?

Teaching for transfer is important to the authors of this article, four clinical professors and one psychologist. The purpose of this article is to provide an introduction to some of the ...


Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James P. Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan Jan 2014

Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James P. Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan

Faculty Scholarship

In thinking about education, teachers may spend more time considering what to teach than how to teach. Unfortunately, traditional teaching techniques have limited effectiveness in their ability to help students retain and apply the knowledge either in later classes or in their professional work. What, then, is the value of our teaching efforts if students are unable to transfer the ideas and skills they have learned to later situations? Teaching for transfer is important to the authors of this article, four clinical professors and one psychologist.

The purpose of this article is to provide an introduction to some of the ...


Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily A. Benfer, Colleen F. Shanahan Jan 2013

Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily A. Benfer, Colleen F. Shanahan

Faculty Scholarship

Each new generation of law students presents its own set of challenges for law teachers seeking to develop competent and committed members of the legal profession. This article aims to train legal educators to recognize their students’ generational learning style and to deliver a tailored education that supports the development of skilled attorneys. To help legal educators better understand the newest generation of law students, this article explores the traits associated with the Millennial Generation of law students, including their perspective on themselves and others, on education and on work. It then provides detailed and specific strategies for teaching millennial ...


Adaptive Clinical Teaching, Colleen F. Shanahan, Emily Benfer Jan 2013

Adaptive Clinical Teaching, Colleen F. Shanahan, Emily Benfer

Faculty Scholarship

Teaching is an exercise in adaptation and clinical legal teaching is no exception. Clinical teachers develop effective approaches through instinct, training, pedagogy, skill, and trial and error. Building on the trials, errors, and instincts of clinical teachers, this article offers a more intentional approach: "adaptive clinical teaching" (ACT). ACT is a structured method of guided analysis and reflection that applies to any clinical teaching situation, allowing a clinician to make her teaching choices based on as much knowledge and with as much intentionality as possible. ACT provides clinicians with an approach for new issues as they arise and builds a ...


Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan Jan 2013

Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan

Faculty Scholarship

Each new generation of law students presents its own set of challenges for law teachers seeking to develop competent and committed members of the legal profession. This article aims to train legal educators to recognize their students' generational learning style and to deliver a tailored education that supports the development of skilled attorneys. To help legal educators better understand the newest generation of law students, this article explores the traits associated with the Millennial Generation of law students, including their perspective on themselves and others, on education and on work. It then provides detailed and specific strategies for teaching millennial ...


Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip Genty Jan 2012

Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip Genty

Faculty Scholarship

In his 1916 work The Law: Business or Profession?, Julius Henry Cohen describes an American legal system in which uniform standards for regulating, disciplining, and educating the profession are just beginning to be developed, albeit unevenly. In discussing the differences between a business and a profession, he argues that a profession requires a uniform set of standards to guide it in matters of ethics, as well as a system of rigorous legal education that includes a firm grounding in these ethical principles.

Perhaps most surprising for a book written in the early twentieth century – long before the study of ...


Adaptive Clinical Teaching, Colleen F. Shanahan, Emily A. Benfer Jan 2012

Adaptive Clinical Teaching, Colleen F. Shanahan, Emily A. Benfer

Faculty Scholarship

Legal education has a clear mission – to develop competent and committed members of the legal profession – but this goal can be an elusive one to meet. This is because legal educators often develop their most effective approaches to teaching through trial and error and instinct. A microcosm of this struggle for effective legal teaching is clinical legal education’s distinct set of commitments, pedagogy and teaching methodologies. Building on the trials, errors, and instincts of clinical teachers, this article offers a more intentional approach for designing, teaching, and supervising in a clinic: “adaptive clinical teaching” (ACT). ACT is a structured ...


Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan Jan 2011

Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan

Faculty Scholarship

The combination of current economic conditions and recent changes in the United States’ welfare system makes representation of unemployment insurance claimants by clinic students a timely learning opportunity. While unemployment insurance claimants often share similarities with student attorneys, they are unable to access justice as easily as student attorneys, and as a result, face the risk of severe poverty. Clinical representation of unemployment claimants is a rich opportunity for students to experience making a difference for a client, and to understand the issues of poverty and justice that these clients experience along the way. These cases reveal that larger lessons ...


On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss Jan 2009

On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss

Faculty Scholarship

At a recent conference, a new judge from one of the federal courts of appeal – for the United States, the front line in judicial control of administrative action-made a plea to the lawyers in attendance. Please, he urged, in briefing and arguing cases reviewing agency actions, help us judges to understand their broader contexts. So often, he complained, the briefs and arguments are limited to the particular small issues of the case. We get little sense of the broad context in which it arises – the agency responsibilities in their largest sense, the institutional issues that may be at stake, how ...


Overcoming Cultural Blindness In International Clinical Collaboration: The Divide Between Civil And Common Law Cultures And Its Implications For Clinical Education, Philip Genty Jan 2008

Overcoming Cultural Blindness In International Clinical Collaboration: The Divide Between Civil And Common Law Cultures And Its Implications For Clinical Education, Philip Genty

Faculty Scholarship

This essay reflects upon the work that U.S. clinical teachers have done in helping to bring clinical methodology to law schools in European civil law jurisdictions. The essay examines some of the differences between the U.S. common law and European civil law systems with respect to the conception, teaching, and practice of law. The essay suggests that U.S. clinical teachers have not been sufficiently sensitive to these differences in legal culture. The essay describes five core differences between the two systems and their implications for effective clinical education in civil law systems. The essay concludes with recommendations ...


The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan Sturm, Lani Guinier Jan 2007

The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan Sturm, Lani Guinier

Faculty Scholarship

Law school reform is in the air. Many reformers agree that the prevailing law school model developed in the nineteenth century does not adequately prepare students to become effective twenty-first century lawyers. Langdell's case method, designed around private domestic law, appellate cases, and the Socratic method, increasingly fails to teach students "how to think like a lawyer" in the world students will occupy. The curriculum over-emphasizes adjudication and discounts many of the important global, transactional, and facilitative dimensions of legal practice. Law school has too little to do with what lawyers actually do and develops too little of the ...


The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan P. Sturm, Lani Guinier Jan 2007

The Law School Matrix: Reforming Legal Education In A Culture Of Competition And Conformity, Susan P. Sturm, Lani Guinier

Faculty Scholarship

The recent energy for reforming legal education focuses on curricular changes that expand students' understanding of what law is, move beyond adjudication and the courtroom, introduce broader forms of knowledge, and develop a wider range of skills. These well-intentioned and carefully analyzed programmatic initiatives may nevertheless founder because of the cultural mismatch between these proposals and the institutions they seek to change.

In this essay we argue that successful reform requires taking account of the culture of competition and conformity that permeates law schools. By culture we mean the incentive structures and peer pressure, dominant rituals and unspoken habits of ...


Crafting A Scholarly Persona: A Panel Discussion, Ian Ayres, Paul H. Robinson, Carol Sanger, Kimberly Kessler Ferzan Jan 2007

Crafting A Scholarly Persona: A Panel Discussion, Ian Ayres, Paul H. Robinson, Carol Sanger, Kimberly Kessler Ferzan

Faculty Scholarship

This is an edited transcript of Crafting a Scholarly Persona, the Scholarship Section's program from the AALS Annual Meeting in 2007. During this program, three established scholars, Ian Ayres, Paul Robinson, and Carol Sanger, discussed their individual career paths – How they chose their article topics, what the goals of their scholarship are, how they view their research agendas, etc. The discussion was intended roughly to mirror Bravo's Inside the Actor's Studio.


Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss Jan 2006

Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss

Faculty Scholarship

Late in the 19th century, as our economy was transformed into a truly national one, legal education was transformed by the adoption of a teaching technique – Langdell's Socratic Method – that succeeded in creating law graduates confident of their capacity to be professionals in ANY American common law jurisdiction – national lawyers even in the absence of a national common law. Today, as the economy is once again transforming, now internationally, lawyers have an equivalent need to be confident of their capacity to perform across national boundaries. The paper briefly describes the way in which McGill University's Faculty of Law ...


Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss Jan 2006

Transsystemia – Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss

Faculty Scholarship

To start, I'd like you to imagine an agglomeration of twenty to thirty jurisdictions experiencing a profound change in the nature of their economic realities. Their economies, and thus the transactions within them and the businesses that conduct them, have been predominantly local in character. Now, political and economic developments are producing businesses and transactions increasingly trans-jurisdictional in character. Increasingly the counseling, drafting, and litigating that goes on in lawyers' offices involves not one jurisdiction but two or three. What happens to legal education?

As the United States emerged from the Civil War and a truly national economy began ...


Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier Jan 2003

Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier

Faculty Scholarship

In 1992 had been teaching for four years at the University of Pennsylvania Law School. I taught voting rights and criminal procedure, subjects related to what I had done as a litigator. Preparing for class meant reading many of the same cases I had read preparing for trial. Some were even cases I had tried. Teaching offered me a fresh chance to read those cases with new interest. I could see the subtle linkages between cases that I had not previously noticed. From the distance of the academy, I observed the evolution of the doctrine without feeling overcome by the ...


Twenty-Five Years Through The Virginia Law Review (With Gun And Camera), Robert E. Scott Jan 2001

Twenty-Five Years Through The Virginia Law Review (With Gun And Camera), Robert E. Scott

Faculty Scholarship

It is a great honor to be asked to offer a few remarks to such an august gathering. But I must confess to having had a certain puzzlement when the invitation to speak to the Law Review banquet first came. I asked one of my colleagues, "Why would they have asked me?" "It's obvious," he replied. "Their first three choices turned them down."

With that in mind, I asked my secretary, "What do they want me to talk about?" "The Future of Legal Education," she replied (somewhat portentously). This suggestion didn't ring quite true to me. I have ...