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Articles 1 - 14 of 14

Full-Text Articles in Law

From Sagebrush Law To A Modern Profession, Kristina J. Running Nov 2018

From Sagebrush Law To A Modern Profession, Kristina J. Running

Articles

No abstract provided.


Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky Oct 2018

Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky

Articles

When legal writing professors introduce CREAC (or IRAC, TREAT, etc.), our examples necessarily use some area of substantive law to demonstrate how the pieces of legal analysis fit together. And when we ask students to try drafting a CREAC analysis, they also have to learn the relevant substantive law first. Students might be asked to analyze whether a worker is an employee or independent contractor or whether the elements of a tort claim are satisfied. But that means that students need to learn the relevant substantive doctrine while they are also grappling with the basics of CREAC. In the language ...


Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely Sep 2018

Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto May 2018

Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto

Articles

Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In ...


Dethroning The Hierarchy Of Authority, Amy J. Griffin Jan 2018

Dethroning The Hierarchy Of Authority, Amy J. Griffin

Articles

The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet ...


Character Flaws, Frederic Bloom Jan 2018

Character Flaws, Frederic Bloom

Articles

Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies and investigates those flaws through the lens of a single, sensational case: United States v. Henthorn. By itself, Henthorn is a tale worth telling—an astonishing story of danger and deceit, malice and murder. But Henthorn is more than just a stunning story. It is also an example and an opportunity, a chance ...


Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang Jan 2018

Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang

Articles

This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach ...


An Invitation Regarding Law And Legal Education, And Imagining The Future, Michael J. Madison Jan 2018

An Invitation Regarding Law And Legal Education, And Imagining The Future, Michael J. Madison

Articles

This Essay consists of an invitation to participate in conversations about the future of legal education in ways that integrate rather than distinguish several threads of concern and revision that have emerged over the last decade. Conversations about the future of legal education necessarily include conversations about the future of law practice, legal services, and law itself. Some of those start with the somewhat stale questions: What are US law professors doing, what should they be doing, and why? Those questions are still relevant and important, but they are no longer the only relevant questions, and they are not the ...


Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang Jan 2018

Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang

Articles

Many important decisions can be difficult; require focused, cognitive attention; produce delayed, noisy feedback; benefit from careful and clear thinking; and quite often trigger anxiety, stress, and other strong, negative emotions. Much empirical, experimental, and field research finds that we often make decisions leading to outcomes we judge as suboptimal. These studies have contributed to the popularity of the idea of nudging people to achieve better outcomes by changing how choices and information are framed and presented (also known as choice architecture and information architecture). Although choice architecture and information architecture can nudge people into better outcomes, choice architecture and ...


Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart Jan 2018

Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart

Articles

Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and ...


What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe Jan 2018

What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe

Articles

Promoting the value of technical services librarians in the digital age.


The Economics Of American Higher Education In The New Gilded Age, Paul Campos Jan 2018

The Economics Of American Higher Education In The New Gilded Age, Paul Campos

Articles

No abstract provided.


Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden Jan 2018

Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Articles

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?


Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber Jan 2018

Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws ...