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Full-Text Articles in Law

More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner Feb 2008

More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner

All Faculty Scholarship

Foreign experiences remind us that legal education is not just law school. They inform us that we should seek for ways not just to integrate theoretical and practical teaching, but to assure that our students or our graduates get real experience with practice. The assumption that law schools are the exclusive place for preparation for the profession of law is bad for students, bad for bar, bad for law schools, bad for the legal system and bad for society. We should look to see what we can do best and should encourage other institutions to do what they can do …


Clinical Legal Education And The Public Interest In Intellectual Property Law, Joshua Sarnoff, Christine Farley, Peter Jaszi, Ann Shalleck, Victoria Phillips Jan 2008

Clinical Legal Education And The Public Interest In Intellectual Property Law, Joshua Sarnoff, Christine Farley, Peter Jaszi, Ann Shalleck, Victoria Phillips

College of Law Faculty

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …


I'D Just As Soon Flunk You As Look At You?: The Evolution To Humanizing In A Large Classroom, Justine A. Dunlap Jan 2008

I'D Just As Soon Flunk You As Look At You?: The Evolution To Humanizing In A Large Classroom, Justine A. Dunlap

Faculty Publications

Initially, this article sets forth my own progress in becoming a teacher who incorporates humanizing principles. Next, the article analyzes some of the theory behind the humanizing legal education principles. The article will then present some specific teaching techniques for those interested in adding a humanizing dimension to their teaching, focusing primarily on the large classroom setting. The article will also note the barriers to adopting humanizing techniques, as well as possible ways to overcome those barriers.


The Juris Doctor Is In: Making Room At Law School For Paraprofessional Partners, Stephen A. Rosenbaum Jan 2008

The Juris Doctor Is In: Making Room At Law School For Paraprofessional Partners, Stephen A. Rosenbaum

Publications

The 60th anniversary of the United States’ oldest continuous legal clinic presents an opportunity to reexamine the pedagogical machinery, reshape the curriculum, reflect on advice not taken, and reignite the “movement for change” in (clinical) legal education. The author recommends a modest retooling: Law schools should offer a degree program for non-lawyer advocates. This would capitalize on the many attributes that paralegals bring to the profession.

The author's focus is on how teaching paralegals or lay advocates in law schools can foster less costly non-adversarial dispute resolution, sensitivity to human and cultural aspects of client rapport, and co-education between members …


Conversations On "Community Lawyering:" The Newest (Oldest) Wave In Clinical Legal Education, Karen Tokarz, Nancy L. Cook, Susan Brooks, Brenda Bratton Blom Jan 2008

Conversations On "Community Lawyering:" The Newest (Oldest) Wave In Clinical Legal Education, Karen Tokarz, Nancy L. Cook, Susan Brooks, Brenda Bratton Blom

Faculty Scholarship

This Article explores the pedagogical and professional challenges and rewards of community lawyering and clinical legal education. The authors are clinical law faculty who self-identify as community lawyers and teachers of community lawyering clinics. They have gathered in recent years with a larger group of similarly engaged colleagues to discuss what is meant by community lawyering, how it is taught, and how it is practiced. This Article seeks to capture some of those conversations, crystallize some of the ideas that have arisen out of the discussions, and examine the implications of these ruminations for future directions in clinical legal education.


The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson Jan 2008

The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson

All Faculty Scholarship

Clinical legal education is currently undergoing a surge of interest and development in Japan. This raises numerous opportunities as well as difficulties. One of the most vexing issues concerns the scope of work a clinic student in Japan can do. This issue is particularly difficult given that in Japan there are currently no "student practice rules" so common in the United States.

The norms and rules governing what activities law students can perform in the United States might assist those interested in clinical education in Japan as they work through these issues. This article will attempt to do this. I …


In Re Gault And The Promise Of Systemic Reform, Kate Kruse Jan 2008

In Re Gault And The Promise Of Systemic Reform, Kate Kruse

Faculty Scholarship

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …


Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck Jan 2008

Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …


Justice Education And The Evaluation Process: Crossing Borders, Margaret Martin Barry, Martin Geer, Catherine F. Klein, Ved Kumari Jan 2008

Justice Education And The Evaluation Process: Crossing Borders, Margaret Martin Barry, Martin Geer, Catherine F. Klein, Ved Kumari

Scholarly Articles

If social justice is a teaching goal, how do we effectively assess it? An analysis of a multi-cultural teaching workshop and lessons learned and unanswered.


Justice Education And The Evaluation Process: Crossing Borders, Martin A. Geer, Margaret Martin Barry, Catherine F. Klein, Ved Kumari Jan 2008

Justice Education And The Evaluation Process: Crossing Borders, Martin A. Geer, Margaret Martin Barry, Catherine F. Klein, Ved Kumari

Scholarly Works

If social justice is a teaching goal, how do we effectively assess it? An analysis of a multi-cultural teaching workshop and lessons learned and unanswered.