Law Commons^™

Closing The Feedback Gap: Reflections As Diagnostic Resource, Jaclyn Celebrezze

Presentations

Providing students with helpful, actionable feedback is a perennial challenge. This presentation identifies an additional data source for instructors when drafting feedback: digital student reflections. This process has a dual benefit for both instructors and students. For instructors, digitized reflections unlock an understanding of why a student drafted a certain way, minimizing guesswork and ensuring more targeted feedback. For students, this process directs the instructor’s gaze to a concrete concern or discomfort for immediate response. While not a solution for all feedback problems, digitizing student reflections allows instructors and students to work together to close the gap.

Conditions Of Participation: Incorporating The History Of Hospital Desegregation, Sallie Sanford

Articles

Our students ought to know about the history of formal hospital segregation and desegregation. To that end, this article urges those who teach foundational health law and policy courses to do three things. First, to teach the Simkins case. Second, to swap out the usual Medicare signing ceremony picture for one that includes W. Montague Cobb, M.D., Ph.D. Third, to highlight how the implementation of that program for the elderly led, in a matter of months, to the desegregation of hospitals throughout the country.

Exploring Anti-Racism In The First Year Legal Writing Classroom, Amanda K. Maus Stephen

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at SU, where the theme of the workshops was "Teaching Values in the Legal Writing Classroom." This presentation explores assignments and activities that legal writing professors can use to introduce and reinforce ant-racism as a critical professional value.

Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at CWRU, where the theme of the workshops was "Preparing Students for the Modern Practice of Law." This presentation discusses how to prepare students for a modern, globalized client base, and provides tips and tools to help create a shared understanding between clients and future practitioners.

Using A Mindfulness And Gratitude Practice To Improve Student Wellness, Amanda K. Maus Stephen

Presentations

The University of Oregon School of Law hosted the annual, two-day conference for legal writing professors to share ideas and research on topics related to legal writing and legal writing instruction. This presentation described two experimental semester-long mindfulness activities—mindfulness minutes and gratitude journaling—and student reactions to them.

Using Therapeutic Principles In The Legal Writing Classroom, Lauren E. Sancken, Mireille Butler, Phil Lentz

Presentations

Research for over 50 years on the experience of students and teachers supports the use of therapeutic principles to promote a classroom space that fosters cooperation, interaction, diversity, and responsibility. By understanding communication, social interactions, and cognition principles, teachers teach more effectively and students learn more easily. The converse is true, however. Poor communication, assumptions, lack of mindfulness, or fixed mindsets all lead to lack of motivation, poor teaching, and poor learning. Unlike school teachers, most law professors do not have any training with these psychological principles. Thus, legal teaching can be rigid, competitive, harsh, and ill-suited to students facing …

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

Articles

This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …

Korean Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee

Washington International Law Journal

In 2009, Korea implemented a law school educational system, which not only changed the legal education system, but the legal landscape as a whole. This has led to rapid growth in the number of attorneys. Although the increased number of attorneys has resulted in lower barriers to accessing justice, it has also brought the unintended consequence of cut-throat competition. With the number of disciplinary actions rising by four-fold in the last three years, the current version of the Korean Code of Ethics for Attorneys is certainly a step in the right direction but may not be enough to strengthen attorneys’ …

Law Students And Cell Phone Use: Results Of A Six-School Survey, Hugh D. Spitzer, Robert M. Jarvis, Cindy I.T. Archer, Linda Galler, Jodi L. Wilson, Mark E. Wojcik

Articles

The sight of a law student using his or her cell phone now is so common that law professors do not give it a second thought. But what, exactly, is the student doing? Texting with friends? Shopping? Watching a movie? To try to find out, during the Fall 2019 semester we asked our six diverse law schools to take an online survey consisting of eighteen questions. To our knowledge, this is the first phone survey of law students.

This paper presents the results of the survey, exploring applications used (text, social media, email, etc.) and differences by audience (e.g., whether …

Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Articles

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed white supremacist reaction to the nation’s first black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Uwlaw, Fall 2016, Vol. 70

Alumni Magazines

Cover story: Why Law Matters: Why Justice and the Rule of Law Are Fundamental and Important to Us All

Welcome from the Dean, page 5

Around Gates Hall: News and Updates from UW Law

• Expanding the Husky Experience: Office of Student & Career Services Driven to Support Student Needs, page 8, photo
• A Powerful Voice for Justice (Michele Storms), page 9, photo
• Promoters of Positive Change: Support Turns Student Ideas into Solutions for a More Livable World (Mariah Hanley '16 and 3L Robert Franceschini), page 9
• Leading a Public Dialogue in Indian Law: UW Law Draws on Rich 29-Year Heritage …

Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins

Washington Journal of Law, Technology & Arts

There has been considerable discussion in academic circles about the possibility of moving toward open educational materials—those which may be shared, copied and altered freely, without permission or fee. Legal education is particularly ripe for such a transition, as many of the source materials—including federal statutes and cases—are in the public domain. In this article, we discuss our experience producing an open casebook and statutory supplement on Intellectual Property Law, and answer many of the frequently asked questions about the project. Obviously, open coursebooks are less expensive and more convenient for students. But we found that they also offer pedagogical …

Can Law Students Disrupt The Market For High-Priced Textbooks?, Jane K. Winn

Washington Journal of Law, Technology & Arts

The Center for Computer-Assisted Legal Instruction (CALI) is a non-profit organization whose mission is to advance legal education through technological innovation and collaboration. With its eLangdell Press project, CALI publishes American law school textbooks in open access, royalty-free form, offering faculty authors compensation equivalent to what most law school textbook authors would earn in royalties from a traditional full-price publisher. I am writing a new sales textbook and “agreements supplement” based on contemporary business practice that I will publish in open access form with CALI’s eLangdell Press. Relatively few other American legal academics publish in open access form, however, suggesting …

The Idea Of The Casebook: Pedagogy, Prestige, And Trusty Platforms, Joseph Scott Miller, Lydia Pallas Loren

Washington Journal of Law, Technology & Arts

Independently published, electronically delivered books have been the future of the law school casebook for some time now. Are they destined to remain so? We sketch an e-casebook typology then highlight some features of law professor culture which suggest that, although e-casebook offerings will surely expand, the trust credential that the traditional publishers provide plays a durable, central role in the market for course materials that law professors create.

Self-Publishing An Electronic Casebook Benefited Our Readers—And Us, Eric Goldman, Rebecca Tushnet

Washington Journal of Law, Technology & Arts

Self-publishing our electronic casebook, Advertising and Marketing Law: Cases & Materials, wasn’t some grand ambition to disrupt legal publishing. Our goal was more modest: we wanted to make available materials for a course we strongly believe should be widely taught in law school. Electronic self-publishing advanced that goal in two key ways. First, it allowed us to keep the price of the materials low. Second, we bypassed gatekeepers who may have degraded the casebook’s content and slowed the growth of an advertising law professors’ community.

Libraries And Legal Education, Jonathan Franklin

Librarians' Chapters in Books

Academic law libraries are in the midst of radical change, probably more so than at any time in the past 100 years. Two factors are converging that make business as usual no longer viable for academic law libraries: transition of legal resources from print to digital formats and economic changes in legal education.

Best Practices for Legal Education did not address the role of law libraries in the delivery of legal education. The changes facing law schools suggest now is the time to articulate how libraries can best contribute to the endeavor. How can best practices for law libraries be …

Pathways, Integration, And Sequencing The Curriculum, Deborah Maranville, Cynthia Batt

Books

Law school course offerings have proliferated in recent decades. This development reflects the addition of specialized doctrinal courses, a growing emphasis on interdisciplinary knowledge, and the incorporation of practice-oriented courses. From the perspective of the individual student, an expanded curriculum may create exciting educational opportunities while posing trade-offs between a generalist education and specialization.

Law schools face two key challenges. First, they must structure the curriculum so that the experiences of individual law students have some coherence, or, if you will, seem integrated. Second they must incorporate the full range of what the Carnegie Reports referred to as the apprenticeships …

The Socratic Method, Elizabeth G. Porter

Books

The Socratic method, one of Langdell’s most well-entrenched reforms to legal education, remains the law’s signature pedagogical technique. Although the term means different things to different people, its essence in the law school classroom is student analysis of cases led by a teacher, who calls on students to articulate gradually deeper understandings of a legal doctrine or theory.

Socratic learning requires students to think on the spot, answer precisely, and take intellectual risks. For over a decade now, the Socratic method has been out of fashion among those who write about legal pedagogy. In addition, the method’s critics describe what …

Incorporating Experiential Education Throughout The Curriculum, Deborah Maranville, Cynthia Batt, Lisa Radtke Bliss, Carolyn Wilkes Kaas

Books

In discussing experiential education, Best Practices for Legal Education focused primarily on the three traditional types of separate experiential courses: in-house clinics, externships, and simulations, and treated them in a separate chapter. These courses were defined as those where “experience is a significant or primary method of instruction” rather than a secondary method, and where “students must perform complex skills in order to gain expertise.”

Arguably, this separate treatment reinforced what has too often been a divide between doctrinally-focused teaching and practice-focused teaching. Best Practices recognized that “experiential education can be employed as an adjunct to traditional methodologies regardless of …

Faculty Status And Institutional Effectiveness, Deborah Maranville, Ruth Anne Robbins, Kristen K. Tiscione

Books

Legal education has expanded to incorporate practice-oriented topics and courses over the past several decades, and student academic support services have multiplied in response to changing student populations. As a consequence of these changes, law schools are overdue to address the issue of the status of the individuals they hire to fill the multiple and ever expanding needs and interests of students.

Should law schools hire new personnel as teachers, staff, or administrators? If hired as teachers, what titles and governance rights should they be given? Should they be eligible for tenure, presumptively renewable long-term contracts, or short-term contracts? What …

Have Fun With Strategic Planning, Kellye Y. Testy

Articles

No abstract provided.

"Nowhere To Run; Nowhere To Hide": The Reality Of Being A Law Library Director In Times Of Great Opportunity And Significant Challenges, Penny A. Hazelton

Articles

Edited remarks presented at a program on January 5, 2015 at the Association of American Law Schools Annual Meeting in Washington, DC.

‘Truth And Reconciliation’: A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, Tamara F. Lawson, Angela Mae Kupenda

Articles

“All is fair in love and war,” and . . . tenure battles? However, even in war there are rules of engagement. In “tenure wars” rules apply too. The American Bar Association requires law schools to employ clear rules of engagement in “tenure wars,” akin to how the United Nations collectively proscribes rules of war between nation states as well as punishes violations committed on the battlefield. When innocent nations are attacked by illegal acts of aggression, a coalition of the willing allies within the United Nations defends against the aggression.

Even if all is fair in love, war, and …

Pathways, Integration, And Sequencing The Curriculum, Deborah Maranville, Cynthia Batt

Chapters in Books

Law school course offerings have proliferated in recent decades. This development reflects the addition of specialized doctrinal courses, a growing emphasis on interdisciplinary knowledge, and the incorporation of practice-oriented courses. From the perspective of the individual student, an expanded curriculum may create exciting educational opportunities while posing trade-offs between a generalist education and specialization.

Law schools face two key challenges. First, they must structure the curriculum so that the experiences of individual law students have some coherence, or, if you will, seem integrated. Second they must incorporate the full range of what the Carnegie Reports referred to as the apprenticeships …

A Conscious Institutional Strategy For Expanding Experiential Education, Lisa Radtke Bliss, Deborah Maranville

Chapters in Books

As law schools seek to better prepare students for the profession, they are expanding experiential education in traditional contexts such as theory and practice simulation skills courses, clinics, and externships. At the same time, they are also searching for opportunities to expose students to practical learning opportunities during the entire course of their legal education by incorporating experiential education throughout the curriculum. It is a best practice to develop conscious strategies for pursuing this effort. While Best Practices for Legal Education called for the integration of teaching theory, doctrine, and practice, it did not address strategies for integrating experiential education …

Faculty Status And Institutional Effectiveness, Deborah Maranville, Ruth Anne Robbins, Kristen K. Tiscione

Chapters in Books

Legal education has expanded to incorporate practice-oriented topics and courses over the past several decades, and student academic support services have multiplied in response to changing student populations. As a consequence of these changes, law schools are overdue to address the issue of the status of the individuals they hire to fill the multiple and ever expanding needs and interests of students.

Should law schools hire new personnel as teachers, staff, or administrators? If hired as teachers, what titles and governance rights should they be given? Should they be eligible for tenure, presumptively renewable long-term contracts, or short-term contracts? What …

Business And Financial Literacy, Dwight Drake

Chapters in Books

Law practice continues to become more complex and demand a broader range of specialized knowledge. Business and financial literacy skills, once viewed as only important in business school or for law students who intend to become lawyers representing business owners or entities, are being viewed differently by legal educators who desire to ensure that law students are prepared for practice.

The world is driven by business, and core business and financial issues routinely surface in various types of legal disputes, transactions, and planning challenges. At a minimum, knowledge of basic business and financial concepts will help a lawyer deal with …

Cross-Boarder Teaching And Collaboration, Kimberly D. Ambrose, William H.D. Fernholz, Catherine F. Klein, Dana Raigrodski, Stephen A. Rosenbaum, Leah Wortham

Chapters in Books

Since the publication of Best Practices for Legal Education, the globalization of both legal education and law practice has exploded. Today’s lawyers increasingly serve border-crossing clients or clients who present with transnational legal issues. As law schools expand their international programs, and enroll increasing numbers of non-U.S. law students, law students transcend cultural and legal borders. As a result, they deepen their understanding of—and sharpen their critical perspective on—their own national systems. Similarly, U.S. law teachers are increasingly called to engage in border-crossing teaching and other academic pursuits. Best Practices did not address these issues. The primary aim of …

Transfer Of Learning, Deborah Maranville

Chapters in Books

A key characteristic of effective education is that students are able to retain and build on the information, skills, and values they learn in their work in later courses and in the world. Doing so is known as transfer of learning. Ultimately, for law students that means they are able to transfer what they learn into the work they do as professionals. Best Practices for Legal Education did not delve deeply into the educational literature on transfer of learning.

Underlying its preparation for practice theme, however, was an implicit recognition that both individual law teachers and law schools as institutions …

Institutionalizing The Uspto Law School Clinic Certification Program For Transactional Law Clinics, Jennifer S. Fan

Articles

With 188 transactional law clinics nationwide and the United States Patent and Trademark Office (“USPTO”) Law School Clinic Certification Program (“Program”) recently established as a statutory program of the USPTO, this Article argues that every transactional clinic that works on trademark and patent applications should apply to become part of the Program. In satisfying the participation requirements of the Program, transactional law clinics will usher in a new, uniform way to educate aspiring intellectual property attorneys. As a result, the law students will not only be “practice ready,” but also more effective attorneys once they are in practice. Participating in …