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Articles 1 - 7 of 7
Full-Text Articles in Law
There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin
There's A Dyin Voice Within Me Reaching Out Somewhere: How Tj Can Bring Voice To The Teaching Of Mental Disability Law And Criminal Law, Michael L. Perlin
Articles & Chapters
In this article, I discuss my historical involvement with therapeutic jurisprudence (TJ), how I use it in my classes (both in the free-standing TJ class and in all the others that I teach), its role in my written scholarship, and its role in conferences that I regularly attend. Although this is all positive and supportive of all efforts to widen the appeal of TJ as well as its applicability in the classroom, in scholarship and in “real life,” I also share some information that is far from optimistic with regard to the way that TJ is being reacted to by …
Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman
Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman
Articles & Chapters
Can teaching students in doctrinal courses, using traditional case-oriented materials, convey some of the skills lawyers need to practice law effectively? While the recent interest in and debate over training practice-ready lawyers makes this a timely question, my thinking about this harks back to the mid-1990s, when Harry Wellington, then dean of New York Law School, suggested that faculty members consider teaching law from the lawyer’s perspective rather than from the perspective of either the judge or the legal scholar.
In traditional doctrinal courses in law school, like my own in family law, coverage is broad and time is short. …
Redefining Professionalism, Rebecca Roiphe
Redefining Professionalism, Rebecca Roiphe
Articles & Chapters
Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …
The Practice Value Of Experiential Legal Education: An Examination Of Enrollment Patterns, Course Intensity, And Career Relevance, Margaret Reuter, Joanne M. Ingham
The Practice Value Of Experiential Legal Education: An Examination Of Enrollment Patterns, Course Intensity, And Career Relevance, Margaret Reuter, Joanne M. Ingham
Articles & Chapters
How will law schools meet the challenge of expanding their education in lawyering skills as demanded from critics and now required by the ABA? This article examines the details of the experiential coursework (clinic, field placement, and skills courses) of 2,142 attorneys. It reveals that experiential courses have not been comparably pursued or valued by former law students as they headed to careers in different settings and types of law practice. Public interest lawyers took many of these types of courses, at intensive levels, and valued them highly. In marked contrast, corporate lawyers in large firms took far fewer. When …
Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why Just Be It Works And Just Do It Doesn't, Heidi K. Brown
Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why Just Be It Works And Just Do It Doesn't, Heidi K. Brown
Articles & Chapters
For law students experiencing extreme public speaking anxiety, which can manifest from variations of introversion, shyness, social anxiety, or social phobia, the Socratic method of intellectual discourse — either in the classroom or in the first-year oral argument experience — can trigger such a high level of apprehension that it may threaten even an otherwise strong student’s confidence in his or her future as an attorney. Extreme public speaking anxiety can pose a serious impediment to processing and comprehending legal concepts, and engaging with professors, classmates, and substantive material. Unless the anxious law student takes steps to address the roots …
How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison Lynch
How Teaching About Therapeutic Jurisprudence Can Be A Tool Of Social Justice, And Lead Law Students To Personally And Socially Rewarding Careers: Sexuality And Disability As A Case Example, Michael L. Perlin, Alison Lynch
Articles & Chapters
Therapeutic jurisprudence (TJ) asks us to look at law as it actually impacts people’s lives and focuses on the law’s influence on emotional life and psychological well-being. It suggests that law should value psychological health, should strive to avoid imposing anti-therapeutic consequences whenever possible, and — when consistent with other values served by law — should attempt to bring about healing and wellness. The ultimate aim of TJ is to determine whether legal rules and procedures or lawyer roles can or should be reshaped to enhance their therapeutic potential while not subordinating due process principles. An inquiry into therapeutic outcomes …
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Articles & Chapters
Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …