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Articles 1231 - 1260 of 1896
Full-Text Articles in Law
Introduction, Barbara J. Pariente
Introduction, Barbara J. Pariente
St. Thomas Law Review
Attorneys as collaborators and counselors. Judges who promote resolution of conflict. Law as a healing agent and court proceedings that minimize rather than exacerbate harm. Problem-solving courts. Restorative justice. Collaborative law.
Reflections On The Therapeutic Jurisprudence, Creative Problem Solving, And Clinical Education In The Transactional Curriculum, Edward A. Dauer
Reflections On The Therapeutic Jurisprudence, Creative Problem Solving, And Clinical Education In The Transactional Curriculum, Edward A. Dauer
St. Thomas Law Review
No abstract provided.
Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright
Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright
St. Thomas Law Review
The Interprofessional Center for Counseling and Legal Services (the "Center" or "Interprofessional Center") is a joint effort by the School of Law, the School of Social Work and the Graduate School of Professional Psychology at the University of St. Thomas' in Minneapolis, Minnesota. In the Center, law, social work and psychology students gain practice skills by working with clients under the supervision of experienced supervisors. The Center provides pro bono professional services to low-income, working poor and other underserved populations who would otherwise have no access to such assistance. The same can be said of many clinical programs. In addition, …
Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza
Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza
St. Thomas Law Review
In order to place this article in context, I will first describe Tennessee's practice rule for attorneys representing children as Guardians ad Litem. It is an example of the "Elephant," the many component parts of a child's life that the child's lawyer is required to bring together to represent the child holistically. In Part II, I will describe and apply three developing jurisprudential movements that embrace the techniques I utilize: interdisciplinary practice, creative problem-solving and Therapeutic Jurisprudence. In Part III, I will provide an overview of ecomaps and genograms as they are commonly used in the social sciences. In Part …
George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter
George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter
St. Thomas Law Review
In recent years, the Therapeutic Jurisprudence and preventive law model has begun to penetrate legal education. As this article attempts to show, this model has much to offer clinical legal education and child advocacy clinics, in particular. This article describes how Therapeutic Jurisprudence and the Therapeutic Jurisprudence/preventive law model are used in the Children & Youth Law Clinic, and demonstrates their value in the context of representing one foster care client of the Clinic. Specific examples of our activity are rewound to analyze the strategies or techniques the Clinic used or, in retrospect, should have used, to address or prevent …
The Birth Of A Therapeutic Courts Externship Program: Hard Labor But Worth The Effort, Gregory Baker, Jennifer Zawid
The Birth Of A Therapeutic Courts Externship Program: Hard Labor But Worth The Effort, Gregory Baker, Jennifer Zawid
St. Thomas Law Review
In this article, we focus on the use of externships to introduce law students to the concepts of Therapeutic Jurisprudence and problem solving courts (also referred to herein as therapeutic courts). We begin with an examination of the birth of William & Mary Law School's therapeutic courts practice externship, arguably the most comprehensive externship of its kind. Next, we will focus on an alternative model of a therapeutic court externship clinic, still in its infancy, at the University of Miami School of Law. Our goals are both simple and lofty. We want as many law students as possible to be …
Validation Through Other Means: How Immigration Clinics Can Give Immigrants A Voice When Bureaucracy Has Left Them Speechless, Evelyn H. Cruz
Validation Through Other Means: How Immigration Clinics Can Give Immigrants A Voice When Bureaucracy Has Left Them Speechless, Evelyn H. Cruz
St. Thomas Law Review
To better frame this discussion, I will first describe the immigration process and its anti-therapeutic effects on immigrants in some detail. I will then proceed to discuss the use of community presentations and contextual representation practices to preserve a client's voice and validation in the immigration process. Throughout this article, and more specifically in my conclusion, I will examine how students who understand the need to address "psycho-legal soft spots" naturally gravitate to client-centered representation, thereby becoming empathetic and competent practitioners.
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Curtis
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Curtis
Faculty Scholarship
With increased frequency, attention is being given to the methods and style of teaching the law, and to the educational knowledge of law teachers necessary for their development. While teachers in many other areas of higher education are required to take credit hours in education courses, that requirement or focus on pedagogy itself has not yet fully spilled over to legal education professionals. In addition, although law professions, have been encouraged to think and learn about the law, they generally have long since accepted the Socratic method as a primary method of teaching. Recently information about students' learning styles, and …
It's All About The Benjamins: Economic Obstacles Plugging The Diversity Pipeline Into The Practice Of Law , Vanessa Johnson
It's All About The Benjamins: Economic Obstacles Plugging The Diversity Pipeline Into The Practice Of Law , Vanessa Johnson
The Modern American
No abstract provided.
The Challenge And Promise Of Public Legal Education, Lauren K. Robel
The Challenge And Promise Of Public Legal Education, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens
Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens
Faculty Scholarship
Personal satisfaction and fine lawyering go hand in hand. Legal education and the legal system, however, do damage to that coupling. The author suggests that lawyers and law students can thwart personal dysfunction and professional dissatisfaction if we allow ourselves to express joy and sadness. To avoid being depleted by grief and rage, which cannot nourish satisfying law work over time, the article suggests that we attend to connections with others (all others). Lawyers who connect with their own communities may have more tools for crafting solutions for clients whose problems often implicate community. As teachers, the best way to …
Heart And Soul: A New Rhythm For Clinical Externships, Leslie Larkin Cooney
Heart And Soul: A New Rhythm For Clinical Externships, Leslie Larkin Cooney
St. Thomas Law Review
The message of Therapeutic Jurisprudence is simple - focus on emotional life and psychological well-being and practice law as a healing profession - but the application of Therapeutic Jurisprudence to clinical teaching can have far ranging results. "Lawyers trained to be professionals have not been trained in how to respond to the anxiety, hurt feelings, and other emotions ... ," Law students arriving today in our clinical education settings require extra attention to the development of interpersonal skills for a variety of reasons. This article explores the concepts and development of Therapeutic Jurisprudence and outlines the benefits derived from incorporating …
Therapeutic Jurisprudence And Preventative Law In The Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic, Cindy E. Faulkner
Therapeutic Jurisprudence And Preventative Law In The Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic, Cindy E. Faulkner
St. Thomas Law Review
Gertrude Smith phones the SixtyPlus, Inc., Elderlaw Clinic ("Clinic") to schedule an appointment. She informs the receptionist that she wants to come to the Clinic so she can "get a trust." Ms. Smith is scheduled for an intake appointment to meet with two student legal interns ("interns"). Ms. Smith arrives for her appointment, is introduced to the interns, and agrees to be interviewed. The senior intern (a student in her second term at the Clinic) begins the interview by asking Ms. Smith what brought her to the Clinic. Ms. Smith reiterates that she "wants a trust because it is the …
From Violence And Victimization To Voice And Validation: Incorporating Therapeutic Jurisprudence In A Children's Law Clinic, Carolyn S. Salisbury
From Violence And Victimization To Voice And Validation: Incorporating Therapeutic Jurisprudence In A Children's Law Clinic, Carolyn S. Salisbury
St. Thomas Law Review
This article discusses our Clinic's Voice Project and examines the application of Therapeutic Jurisprudence principles to the group of foster children who created the Trapped mural: girls who are victims of abuse and who are committed to psychiatric facilities. In their self-expression, an overwhelming number of the girls focused on their experiences of being sexually abused and feeling re-victimized within the psychiatric and legal systems. Unfortunately, "[u]nlike most victims of other sexualized violence, the victims of child sexual abuse have had little or no voice, creating a literal as well as figurative absence of narrative about the harm." In this …
Therapeutic Jurisprudence And The Law School Asylum Clinic, Ingrid Loreen
Therapeutic Jurisprudence And The Law School Asylum Clinic, Ingrid Loreen
St. Thomas Law Review
This paper will explore how law school clinics in general, and asylum clinics in particular, can prepare students for healthier, more satisfied careers in the law by introducing them to one of the comprehensive law movements which has gained popularity in the last decades. By understanding the effects of trauma on their clients and by explicitly addressing issues of empathy, emotional intelligence, and cross-cultural communication, law school clinics, which already complement the traditional legal curriculum in significant ways, will improve and enrich the experience for both the client and the law student.
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Faculty Publications
The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …
The Establishment Of The Pennsylvania State Board Of Law Examiners, 1895-1902, Joel Fishman
The Establishment Of The Pennsylvania State Board Of Law Examiners, 1895-1902, Joel Fishman
Law Faculty Publications
As the Commonwealth of Pennsylvania recently celebrated the one hundredth anniversary of the origins of the State Board of Law Examiners, it is useful to examine how the board came about in the early twentieth century. Pennsylvania had a long history of local county control over admission to the bar, and it was during the reform period that Pennsylvania joined with many other states to create a state board to oversee admission to its Supreme Court and tried to regulate admission to the local bars. This article will review chiefly the eighteenth and nineteenth century background to admission to the …
Incorporating Literature Into A Health Law Curriculum, Stacey A. Tovino
Incorporating Literature Into A Health Law Curriculum, Stacey A. Tovino
Faculty Articles
Literature has had a long relationship with medicine through literary images of disease, literary images of physicians and other healers, works of literature by physician-writers, and the use of literature as a method of active or passive healing. Literature also has had a long relationship with the law through literary images of various legal processes, lawyers, and judges, works of literature by lawyer-writers, and the use of literature as therapy. How can the field of law and literature inform the study of health law? And how can the field of literature and medicine help the field of law and literature …
A Dedication To Dean Joseph P. Tomain: Educator, Scholar, And Leader, Donna M. Nagy, Barbara G. Watts
A Dedication To Dean Joseph P. Tomain: Educator, Scholar, And Leader, Donna M. Nagy, Barbara G. Watts
Articles by Maurer Faculty
No abstract provided.
Teaching Tax Stories, Ajay K. Mehrotra
Teaching Tax Stories, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman
Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman
Faculty Scholarship
David Hoffman (1784-1854) has been cast as America's first legal ethicist and as the founder of one of the nation’s first original methods of legal instruction. While these interpretations of his life are certainly true, Hoffman’s life and career encompassed so much more than that. With few exceptions researchers have focused on Hoffman’s legal career and have left historians to wonder about his other pursuits. This article will review, in individual sections, the many facets of Hoffman's life and career in an effort to provide a more complete picture than has previously existed.
Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham
Scholarly Profit Margins And The Legal Scholarship Network: Reflections On The Web, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
Controversy surrounding scholastic rankings arises, in part, because of complexities associated with measuring academic contributions. Legal researchers use various methodologies to assess scholarly production and impact but all suffer from inherent limitations and none provides data useful to scholarly self-reflection. The 10-year old Legal Scholarship Network (LSN) offers potential to improve considerably on both scores of public and personal assessment. This Essay critically evaluates approaches to conceptualizing scholarly profit margins, explores how LSN can enhance these conceptions, and opens new frontiers for this innovative Web-based repository of legal writing.
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
The Future Of The Casebook: An Argument For An Open-Source Approach, Matthew T. Bodie
All Faculty Scholarship
Despite dramatic technological change, the thick, attractively bound casebook remains ensconced as the written centerpiece of legal education. That will soon change - but its replacement has not been established. This paper argues that the legal academy should take this opportunity to implement an open source approach to future course materials. Guided by analysis and examples of commons-based peer production such as open source software, professors could establish electronic commons casebooks with a myriad of materials for every course. These joint databases would unshackle individual creativity while engendering collaboration on levels previously impossible. Although there may be concerns that such …
Words, Words, Words!!! Teaching The Language Of Tax, Stephen B. Cohen
Words, Words, Words!!! Teaching The Language Of Tax, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
The basic course in federal income tax is usually a challenge for both teacher and student because so many different and difficult things are being taught at once: a prolix and opaque statute; complex financial transactions; and economic, political, and social analysis of the effects of the tax law. In addition, I believe that a teacher of tax must be a teacher of language, focusing explicitly and self-consciously on the ambiguous, imprecise, and confusing words that are embedded in tax law and discourse and that constitute a significant obstacle for students taking the basic course in federal income taxation.
Expanding Our Classroom Walls: Enhancing Teaching And Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, Alison Craig
Expanding Our Classroom Walls: Enhancing Teaching And Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, Alison Craig
Faculty Scholarship
The authors examine the reasons why law faculty should implement technology into the legal education experience, provide a brief overview of the learning theory supporting technology, discuss the thoughtful use of technology, and describe four specific projects they have used in their classrooms to aid in student learning.
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
Animal Law Review
No abstract provided.
Separate And Not Equal: Integrating Civil Procedure And Adr In Legal Academia, Jean R. Sternlight
Separate And Not Equal: Integrating Civil Procedure And Adr In Legal Academia, Jean R. Sternlight
Scholarly Works
Traditionally, academics specializing in ADR and civil procedure have not tended to deal with each other's issues. The typical civil procedure course focuses on litigation, and at best throws in a few classes on mediation and negotiation. Similarly, the typical ADR course devotes little or no attention to litigation, law, courts, or administrative institutions. Thus, the two disciplines are taught quite separately. Further, this separation is not equal. While students are required to learn about litigation, and are also offered many additional litigation electives, the ADR curriculum is almost always purely elective, and the classes are much smaller. Yet, the …
Schooling Expectations, James Boyd White
Schooling Expectations, James Boyd White
Journal of Legal Education
No abstract provided.
Teaching Talking: Oral Communication Skills In A Law Course, Jane Korn
Teaching Talking: Oral Communication Skills In A Law Course, Jane Korn
Journal of Legal Education
No abstract provided.
Law Student Field Projects In Community Law, Fran Ansley
Law Student Field Projects In Community Law, Fran Ansley
Scholarly Works
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