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Articles 31 - 60 of 64
Full-Text Articles in Law
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
Enlivening Election Law, Joshua A. Douglas
Enlivening Election Law, Joshua A. Douglas
Law Faculty Scholarly Articles
Election law cases are often lengthy and include complex discussion of constitutional doctrines. Moreover, there is rarely a clear-cut answer to a tricky election law question. The field is full of balancing tests, competing interests to weigh, and ever-shifting standards. A challenge for Election Law teachers, then, is to ensure that the long judicial opinions and difficult constitutional doctrines undergirding the field of election law do not bury the vibrancy of the topic. One way to keep an Election Law course student-friendly is to make frequent use of electronic media. Election law is well-suited to the adoption of images, videos, …
Learning Law While Walking The Dog: The Pedagogical Potential Of Podcasting, Kenneth Kristl
Learning Law While Walking The Dog: The Pedagogical Potential Of Podcasting, Kenneth Kristl
Kenneth T Kristl
The typical law school classroom for a doctrinal course utilizes a learning structure that limits opportunities for students to learn directly from the professor. Time constraints inherent in the need for coverage and the desire to keep the class engaged encourages movement through the material. Cognitivist learning theory views learning as involving the movement of information from sensory memory (perception) into short-term, working memory for analysis and organization, and then into long-term memory for storage. This process of information movement suggests that the typical law school classroom creates impediments to student learning. Distracted students who fail to capture the concept …
Training Law Students To Be International Transactional Lawyers-Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Gary Finkelstein
Training Law Students To Be International Transactional Lawyers-Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Gary Finkelstein
The Journal of Business, Entrepreneurship & the Law
The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing agreement and a long-term supply contract. The students, who attend either the American University Washington College of Law or the Centre for Energy Mineral and …
Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke
Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
It is true that the recession of 2008–2009 seriously undermined the job market for both new and experienced lawyers. It is also true that legal education is expensive, and many students pay for it through loans that have to be repaid after graduation. And it is well documented that some law schools misstated employment and other statistics in the tight, competitive job market of recent years. But connecting the dots in this case does not lead to a conclusion that our system of legal education is bankrupt or that law school is not an excellent career choice for many students. …
How Derrick Bell Helped Me Decide To Become An Educator, Not Just A Faculty Member, Vanessa Merton
How Derrick Bell Helped Me Decide To Become An Educator, Not Just A Faculty Member, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
Way ahead of the current chorus of critique of American legal education, Derrick Bell was a fierce, but lucid and incisive, critic of every aspect of American legal education, from law professors’ inadequacies, to the repetitive passivity of the law school classroom, to the financial exploitation of students, to the negative consequences of the tenure system. Dean Bell did not merely voice these concerns, he creatively structured his own courses to make them more relevant, effective, and student-centered. The author’s chance encounter with Dean Bell’s 1982 article, The Law Student as Slave, which presaged later calls for wholesale reform of …
Clinique Togo: Changing Legal Practice In One African Nation In Six Days, Stephen A. Rosenbaum
Clinique Togo: Changing Legal Practice In One African Nation In Six Days, Stephen A. Rosenbaum
Publications
In this essay, the author looks at the role of the short-term rule of law consultant in a developing country. The setting is Togo in francophone Africa and the State Department's mandate for the consultant is to help establish a pro bono indigent legal aid program with participation by the national bar association and the country's principal law school — in one week's time. Using the device of a daily journal, the author describes (1) the background for the visit, (2) the series of exchanges with his hosts from the US Embassy, bar association and Université de Lomé, (3) the …
Teaching For Lifelong Learning: Improving The Metacognitive Skills Of Law Students Through More Effective Formative Assessment Techniques, Anthony S. Niedwiecki
Teaching For Lifelong Learning: Improving The Metacognitive Skills Of Law Students Through More Effective Formative Assessment Techniques, Anthony S. Niedwiecki
Publications
Part II of this article focuses on the need to prepare law students to be expert learners because they will be constant learners in the practice of law. Part III details the concept of metacognition and its role in preparing students to be self-regulated learners. It discusses the components of metacognition, its role in law school, and the current push to include better metacognitive training in law school. Part IV details how formative assessment can be better utilized in improving the metacognitive skills of students. Specifically, it explains the best practices of formative assessment and how professors can adjust their …
Navigating The Uncharted Waters Of Teaching Law With Online Simulations, Ira Steven Nathenson
Navigating The Uncharted Waters Of Teaching Law With Online Simulations, Ira Steven Nathenson
Ira Steven Nathenson
The Internet is more than a place where the Millennial Generation communicates, plays, and shops. It is also a medium that raises issues central to nearly every existing field of legal doctrine, whether basic (such as Torts, Property, or Contracts) or advanced (such as Intellectual Property, Criminal Procedure, or Securities Regulation). This creates tremendous opportunities for legal educators interested in using the live Internet for experiential education. This Article examines how live websites can be used to create engaging and holistic simulations that tie together doctrine, theory, skills, and values in ways impossible to achieve with the case method. In …
Renovating Or Innovating? The Current Curriculum Reforms At Unsw, Alex Steel
Renovating Or Innovating? The Current Curriculum Reforms At Unsw, Alex Steel
Alex Steel
This conference paper outlines the curriculum review process at UNSW as it was in 2012. The paper reflects on the history of the law school and the success of the review processes.
Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli
Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli
Faculty Scholarship
American legal education is in the grip of what some have called an “existential crisis.” The New York Times proclaims the death of the current system of legal education. This is attributed, in part, to the incentivizing of faculty to produce increasingly abstract scholarship and the costs this imposes on pedagogy and the mentoring of students. At the same time, despite women graduating from law schools in significant numbers since the 1980s, they continue to lag behind in the most prestigious positions in academia—tenured, full professorships: From academic year 1998-99 to academic year 2007-08, the percentage of women full professors …
Female Law Students, Gendered Self-Evaluation, And The Promise Of Positive Psychology, Dara Purvis
Female Law Students, Gendered Self-Evaluation, And The Promise Of Positive Psychology, Dara Purvis
Journal Articles
For the last several decades, studies and surveys have shown that female law students perform worse and feel worse about their experiences in law school than do male students. Hidden in average figures, however, is a subgroup of female students who thrive. Positive psychology, focusing on what traits make people happy rather than how to alleviate depression, provides novel ideas of how to improve legal education for women without making accommodations specifically targeting gender.
Talking In The Dark: Using Technology For Basic Academic Support, Ian Gallacher
Talking In The Dark: Using Technology For Basic Academic Support, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
How Are Law Schools Addressing Major Changes In The Practice Of Law And In Accrediting Standards For Legal Education?, Margaret Ivey Bacigal
How Are Law Schools Addressing Major Changes In The Practice Of Law And In Accrediting Standards For Legal Education?, Margaret Ivey Bacigal
Law Faculty Publications
There was a consensus at the first panel discussion on how law schools are addressing major changes in legal practice and accrediting standards for legal education, that law schools are doing a good job teaching critical thinking and legal analysis. A recurring theme was that more experiential legal education is needed to help students become "practice ready." Deficits in legal writing, problem solving, and understanding the various contexts within which legal problems arise were concerns. A major issue is how do schools enhance legal education given the unsustainable costs and changes in the legal profession?
The Challenges To Legal Education In 1973 And 2012: An Introduction To The Anniversary Issue Of The Hofstra Law Review, Nora V. Demleitner
The Challenges To Legal Education In 1973 And 2012: An Introduction To The Anniversary Issue Of The Hofstra Law Review, Nora V. Demleitner
Scholarly Articles
Not available.
Equipping Our Lawyers: Mitchell's Outcomes-Based Approach To Legal Education, Gregory M. Duhl
Equipping Our Lawyers: Mitchell's Outcomes-Based Approach To Legal Education, Gregory M. Duhl
Faculty Scholarship
It is timely that the William Mitchell Law Review has decided to dedicate an issue to outcomes in legal education. As a long-time innovator in pedagogy, professional skills education, and experiential learning, William Mitchell has once again emerged as a leader in its outcomes-based approach to course and curricular design. Amid the current climate of uncertainty in legal education and the legal profession, and as a relative newcomer to Mitchell’s history, I believe in Mitchell’s future – tied to the past, but innovative and distinct. In this essay, I share our vision for increasing emphasis on outcomes, expanding experiential learning …
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
Articles
No abstract provided.
Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman
Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman
Faculty Publications
In a law review article entitled "The Changing Cultures and Economics of Large Law Firm Practice and Their Impact on Legal Education," DLA Piper partner Neil J. Dilloff details recent changes in the way that BigLaw does business. He then suggests a number of improvements in legal education ostensibly compelled by the new economic realities of large firm practice. While many of Attorney Dilloff's suggestions make very good sense, several problems exist. In this short essay, we take the position that law schools should not pattern current reforms solely on the needs of BigLaw. Instead, we suggest that reforming legal …
The Crisis Of The American Law School, Paul Campos
The Crisis Of The American Law School, Paul Campos
Publications
The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …
Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver
Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver
Touro Law Review
By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.
Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill
Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill
Articles
No abstract provided.
Educating Lawyers For Community, Anthony V. Alfieri
Educating Lawyers For Community, Anthony V. Alfieri
Articles
This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …
Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus
Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus
Touro Law Review
No abstract provided.
The Law School Bubble: Federal Loans Inflate College Budgets, But How Long Will That Last If Law Grads Can't Pay Their Bills?, William D. Henderson, Rachel M. Zahorsky
The Law School Bubble: Federal Loans Inflate College Budgets, But How Long Will That Last If Law Grads Can't Pay Their Bills?, William D. Henderson, Rachel M. Zahorsky
Articles by Maurer Faculty
No abstract provided.
Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger
Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger
Law Faculty Scholarly Articles
In the past three years, the American Bar Association, several major state bar associations, the Association of American Law Schools, the New York Times, law students, and many legal educators have called for fundamental changes in the way we educate new lawyers. Some critics have suggested that legal education faces a crisis that will be exacerbated by rising tuitions, declining enrollments, and a precipitous drop in the demand for new lawyers. Most of those calling for change have relied on the critical analysis of modem legal education presented in a 2007 report by the Carnegie Foundation for the Advancement …
Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator
Legal Education’S Perfect Storm: Law Students’ Poor Writing And Legal Analysis Skills Collide With Dismal Employment Prospects, Creating The Urgent Need To Reconfigure The First-Year Curriculum, James Etienne Viator
Catholic University Law Review
No abstract provided.
Standard Lawyer Behavior? Professionalism As An Essential Standard For Aba Accreditation, Nicola A. Boothe-Perry
Standard Lawyer Behavior? Professionalism As An Essential Standard For Aba Accreditation, Nicola A. Boothe-Perry
Journal Publications
This article addresses the ABA as a source of pressure to encourage and foster professionalism education in law schools. The ABA holds a uniquely powerful position in the American legal community, and with it the ABA enjoys the attendant ability to influence professionalism training and awareness. The principal tool at the ABA's disposal considered in this article is the ABA's ability to promulgate standards for professionalism as a requirement for law school accreditation. This article argues that this is the proper time for the ABA to institute a specific standard in an effort to increase professionalism in the legal profession.
Gaining From The System: Lessons From The Law School Survey Of Student Engagement About Student Development In Law School, Carole Silver, Louis Rocconi, Heather Haeger, Lindsay Watkins
Gaining From The System: Lessons From The Law School Survey Of Student Engagement About Student Development In Law School, Carole Silver, Louis Rocconi, Heather Haeger, Lindsay Watkins
Articles by Maurer Faculty
This paper considers the factors that influence law students' assessment of their professional and academic development during law school. It uses responses of 5,612 third- and fourth-year law students to the Law School Survey of Student Engagement to identify student activities and behaviors that relate to professional and academic gains; individual and law school characteristics also are examined. Four aspects of the law school experience emerge as integral parts of students' professional and academic development.
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Scholarly Works
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang
Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang
Publications
I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have gamed the U.S. …