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Articles 1 - 30 of 2092
Full-Text Articles in Law
Legal Education And The Threat Response, Jane Mitchell
Legal Education And The Threat Response, Jane Mitchell
The Journal of Law Teaching and Learning
Law students struggle with disproportionately high rates of depression, anxiety, addiction, and disconnection. This paper offers a novel explanation for these negative outcomes that thus far has been absent from conversations on the subject: Law schools fuel students’ sense of threat. According to psychology’s well-established cognitive appraisal model, students “appraise” stressful situations as either challenging or threatening. Educational environments appraised as threatening consistently lead to negative outcomes—lower student performance, decreased student engagement, and increased anxiety. Situations appraised as challenging lead to positive outcomes—improved academic performance, increased participation, and better overall health.
Law schools facilitate students’ threat response rather than a …
The Year Of Magical Teaching: Lessons Learned From One Class In Three Modalities, Debra Moss Vollweiler
The Year Of Magical Teaching: Lessons Learned From One Class In Three Modalities, Debra Moss Vollweiler
The Journal of Law Teaching and Learning
No abstract provided.
Empower The Imposters In The Legal Field: Teaching & Practicing Mindfulness For Letting Go Of Unproductive Thoughts, Katerina Lewinbuk, Kurstin Grady
Empower The Imposters In The Legal Field: Teaching & Practicing Mindfulness For Letting Go Of Unproductive Thoughts, Katerina Lewinbuk, Kurstin Grady
Northern Illinois University Law Review
Imposter syndrome, initially coined “imposter phenomenon” by psychologists Pauline Clance and Suzanne Imes, refers to “a psychological experience of intellectual and professional fraudulence.” Those who suffer from imposter syndrome typically experience an all-encompassing fear they are not as intelligent, successful, or accomplished as their qualifications suggest, and thus are bound to ultimately be exposed as “frauds.” To counter these feelings, those who struggle with imposter syndrome set unrealistically high goals for themselves, only to be dissatisfied with any performance that is short of perfection. Over time, this ongoing psychological pressure leads to poor emotional well-being, decreased senses of self-confidence and …
With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University
With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University
Gonzaga School of Law With Pride Summit
Event program for the 2024 With Pride Summit held by the Center for Civil & Human Rights at Gonzaga Law.
The program includes the summit schedule and bios for panelists and moderators, including the keynote speaker, Kellye Testy. Featured speakers include:
- Luke Boso
- Stewart Chang
- Ashlyn Hannus
- Sarah Harmon
- Heather L. Johnson
- Courtney Joslin
- Sheldon Lyke
- Dallas Martinez
- Ikál Nico Quintana
- Brad Sears
- Sarah Steadman
- Kyle Velte
- Danaya C. Wright
- Mary Yu
Teaching "Is This Case Rightly Decided?", Steven Arrigg Koh
Teaching "Is This Case Rightly Decided?", Steven Arrigg Koh
Faculty Scholarship
“Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay thus advocates that law professors should present students with a three-part framework: whether a case is rightly decided legally, morally, or sociologically.
Additionally, this Essay argues that disaggregating the question exposes deeper deficiencies in legal education. Many law professors do not provide students with serious grounding to engage in rigorous thinking about the relationship between law, morality, and justice, not to …
Anticipating The Needs Of Future Law Students Based On Current Post-Pandemic National Reading Comprehension Test Scores, Nicole R. Chong, J.D.
Anticipating The Needs Of Future Law Students Based On Current Post-Pandemic National Reading Comprehension Test Scores, Nicole R. Chong, J.D.
Lincoln Memorial University Law Review Archive
The current state of education in the elementary, middle, and high school levels regarding students’ reading comprehension skills is bleak. Post-pandemic scores are showing up to a thirty-year backslide in reading comprehension testing scores. These concerning decreases do not bode well for students who may enter law schools one day. Let’s anticipate those needs by thinking ahead of ways to remedy potential shortcomings. Reading comprehension is tied closely to the skills of critical reading and thinking. Other scholars have written extensively in the legal academia field about critical reading and thinking. In fact, no one likely would dispute that critical …
Deconstructing Burglary, Ira P. Robbins
Deconstructing Burglary, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
The law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one’s personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them.
However, the law of burglary has expanded and caused so many problems …
Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd
Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.
The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.
Why Equity Follows The Law, Adam J. Macleod
Why Equity Follows The Law, Adam J. Macleod
Faculty Articles
Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …
Institutional Antiracism And Critical Pedagogy: A Quantum Leap Forward For Legal Education And The Legal Academy, Danielle M. Conway
Institutional Antiracism And Critical Pedagogy: A Quantum Leap Forward For Legal Education And The Legal Academy, Danielle M. Conway
Faculty Scholarly Works
A fundamental launchpad for redeeming American society is to look to the historical and contextual goals of the Second Founding—the Reconstruction Amendments—and grasp the lessons about justice and equality for all by focusing on the principles of institutional antiracism. While our nation should deploy teaching and learning strategies at all levels of the American system of education, legal education must be out front leading the way to incorporate institutional antiracism through critical pedagogy.
This article provides the historical context in which legal education developed in the antebellum and postbellum periods and up to what might be deemed the “Third Founding” …
Keynote Address: Law Schools Need Curricular Reform: Time To Address Transactional Students' Needs, Stephanie Hunter Mcmahon
Keynote Address: Law Schools Need Curricular Reform: Time To Address Transactional Students' Needs, Stephanie Hunter Mcmahon
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Having Fun While Learning: Pedagogical Techniques For Teaching Contract Drafting, Robin Boyle
Having Fun While Learning: Pedagogical Techniques For Teaching Contract Drafting, Robin Boyle
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Transactional Skills For Tomorrow, Adam Eckart
Transactional Skills For Tomorrow, Adam Eckart
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Teaching Transaction Planning And Project Management, Michelle Sonu
Teaching Transaction Planning And Project Management, Michelle Sonu
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Teaching The Choice Between Vagueness And Precision In Contracts, Naveen Thomas
Teaching The Choice Between Vagueness And Precision In Contracts, Naveen Thomas
Transactions: The Tennessee Journal of Business Law
No abstract provided.
The Empty Space In The Teaching Of Commercial Law: An Argument For Including Article 7 Of The Ucc In The Commercial Law Curriculum, Glenys Spence
The Empty Space In The Teaching Of Commercial Law: An Argument For Including Article 7 Of The Ucc In The Commercial Law Curriculum, Glenys Spence
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff
Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff
Transactions: The Tennessee Journal of Business Law
No abstract provided.
One Semester, One Deal: A Transactional-Practice Focused Syllabus, Kari Sanderson
One Semester, One Deal: A Transactional-Practice Focused Syllabus, Kari Sanderson
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Raising The Bar: The Nextgen Bar Exam And Contract Drafting, Susan M. Chesler, Karen J. Sneddon
Raising The Bar: The Nextgen Bar Exam And Contract Drafting, Susan M. Chesler, Karen J. Sneddon
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Ok, Computer: Harnessing Ai In Contracts To Change How Our Students Will Practice And How We Will Teach, Mark E. Need
Ok, Computer: Harnessing Ai In Contracts To Change How Our Students Will Practice And How We Will Teach, Mark E. Need
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Training Law Students For Cybersecurity Practice, Stephen Black
Training Law Students For Cybersecurity Practice, Stephen Black
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Teaching Transactional Business Law Through Campus And Community Partnerships, Joan Macleod Heminway, Brian Kingsley Krumm
Teaching Transactional Business Law Through Campus And Community Partnerships, Joan Macleod Heminway, Brian Kingsley Krumm
Transactions: The Tennessee Journal of Business Law
No abstract provided.
How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law’S Innovative Approach, Marcia Narine Weldon, Ian Nelson
How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law’S Innovative Approach, Marcia Narine Weldon, Ian Nelson
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Introducing Law Students To Transactional Practice: From Using Precedent To Closing The Deal, Ben Fernandez
Introducing Law Students To Transactional Practice: From Using Precedent To Closing The Deal, Ben Fernandez
Transactions: The Tennessee Journal of Business Law
No abstract provided.
The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton
The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton
Scholarly Works
American law schools have pulled out of what looked like a death spiral. From 2008-18 job placement and bar passage cratered and applications and JD enrolment followed. Some law schools found themselves trapped between Scylla and Charybdis – if they did not loosen admissions, they would not have the funds to keep the doors open. But if they loosened admissions too much bar passage and placement suffered, prompting a possible closure via disaccreditation by the ABA (or the DOE).
There are (broadly speaking) two models of profitable higher education in the United States. The first is the old school, classic …
Beyond "Hard" Skills: Teaching Outward - And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)'S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz
Beyond "Hard" Skills: Teaching Outward - And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)'S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz
Faculty Scholarship
In this article, we share some ways in which we have adjusted our teaching to comply with Standard 303(b)(3) by addressing professional identity formation through the vehicles of outward-facing and inward-facing character-based skills. We believe that if law students do not intentionally start *811 exploring their professional identities as soon as they step foot into law school, they run the risk of believing that legal education and practice are somehow separate from their inner, personal identities as lawyers when, of course, they are, and ought to be, enmeshed. By injecting skills into the 1L curriculum that force both the development …
Teaching Stare Decisis To First-Year Law Students In Higher Education: A Pedagogical Blind Alley?, Kenneth Yin, Carmela De Maio
Teaching Stare Decisis To First-Year Law Students In Higher Education: A Pedagogical Blind Alley?, Kenneth Yin, Carmela De Maio
Research outputs 2022 to 2026
The doctrine of stare decisis is often explained in first-year law studies as synonymous with the doctrine of precedent and dichotomised into ratio decidendi and obiter dicta. This explanation of stare decisis is frequently supplemented by an exercise where the novice law student is provided with a case and directed to identify the ratio decidendi of the case, and to appreciate the distinction between ratio and obiter dicta in it, the latter being persuasive only. It is argued that this pedagogy is limited and unrealistic because stare decisis is a dynamic process whereby, applying the precepts of formal legal logic, …
The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, Rachel F. Moran
The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, Rachel F. Moran
Scholarly Works
On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …
Closing The Feedback Gap: Reflections As Diagnostic Resource, Jaclyn Celebrezze
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.
Belonging Matters: One School’S Strategy For Fostering Community And Confidence Among Students From Historically Excluded Groups, Alexi Freeman, Caley Carlson
Belonging Matters: One School’S Strategy For Fostering Community And Confidence Among Students From Historically Excluded Groups, Alexi Freeman, Caley Carlson
Northwestern Journal of Law & Social Policy
For generations, law students from historically excluded and underrepresented groups—including but not limited to students of color, students with disabilities, gender diverse and gender non-conforming students, and students who identify as LGBTQIA+—have been expected to navigate their legal educations “successfully” despite the many challenges they encounter. This article describes Denver Law Ascent, a program at the University of Denver Sturm College of Law that is designed to provide critical supports to such students and cultivate a sense of belonging early on as well as throughout students’ educational journeys. Drawing from evidence-based research and best practices, Denver Law Ascent is one …