Law Commons^™

A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn

University of Cincinnati Law Review

This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a var­­­­iety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …

Maurer School Of Law Hosting Icleo Summer Institute Through July, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Research Across The Curriculum: Using Cognitive Science To Answer The Call For Better Legal Research Instruction, Tenielle Fordyce-Ruff

Dickinson Law Review (2017-Present)

The American Bar Association (ABA), law students, and employers are demanding that law schools do better when teaching legal research. Academic critics are demanding that law professors begin to apply the lessons from the science of learning to improve student outcomes. The practice of law is changing.

Yet, the data shows that law schools are not changing their legal research curriculum to respond to the need of their students or to address the ABA’s mandate. This stagnation comes at the same time as an explosion in legal information and a decrease in technical research skills among incoming students. This article …

Decision Making Models In 2/2 Time: Two Speakers, Two Models (Maybe), Sharon Bradley, Tim Tarvin

Presentations

Our students have to learn so many new skills to be successful in law school and law practice. Legal research, client interviewing, and case analysis just for starters. Our teaching methods have to engage our students while preparing them to “think like a lawyer.” We also have the responsibility to familiarize students in evaluating the “benefits and risks associated with relevant technology” and to develop efficient practices and processes. The speakers will look at decision making models that are practical and useable.

One speaker will discuss his experiences in a clinical setting using decision trees, teaching his students to visualize …

The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne

Law Faculty Scholarship

This paper reviews the current status of the concept of the legal research plan. It summarizes the basic elements of the legal research plan, reviews the current literature and recommends a design of a plan for use in first year legal research programs and by novice researchers. Also, it considers the use of the research log in the research process.

Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise

Faculty Scholarly Works

No abstract provided.

The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites

Faculty Scholarship

No abstract provided.

From The Editor, Susan Nevelow Mart

Publications

No abstract provided.

Cases And Case-Lawyers, Richard A. Danner

Faculty Scholarship

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …

Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Forty-Two: The Hitchiker's Guide To Teaching Legal Research To The Google Generation, Ian Gallacher

Akron Law Review

This article is a meditation on contemporary legal research and possible changes in the way the subject should be taught. Absent from this article is any mention of the importance of teaching students about the mechanical workings of the various tools lawyers use to conduct legal research. It seems so resoundingly obvious that law schools should be doing this that any discussion of the issue would appear contrived and sterile. The much more interesting, and more difficult, questions to answer are what else law students should learn, who should teach it to them, and why they should learn it. These …

Toward A Writing-Centered Legal Education, Adam Lamparello

Adam Lamparello

The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent about …

Flying The Flag, Aaron S. Kirschenfeld

AALL/LexisNexis Call for Papers

This paper analyzes the accuracy with which descriptions of subsequent negative treatment are applied by an online citator system that employs a hierarchical controlled vocabulary -- Shepard's Citations -- as opposed to one that does not -- KeyCite. After a contextual review of the citator's history, a framework for assessment is proposed and employed to test the hypothesis that a citator employing a hierarchical controlled vocabulary would produce more accurate descriptions. The study's results suggest that a system making use of a hierarchical controlled vocabulary does apply descriptions of subsequent negative treatment in a marginally more accurate way. A discussion …

Answering The Call: Flipping The Classroom To Prepare Practice-Ready Attorneys, Alex Berrio Matamoros

Alex Berrio Matamoros

In the rough and changing landscape of the legal job market, legal employers have called on law schools to prepare “practice ready” attorneys — newly minted members of the bar with better honed practical skills than the first year lawyers of the past. The increasing emphasis on legal skills sheds light on an interesting paradox within legal education; in legal skills courses, those that best lend themselves to active learning experiences, instructors frequently fill valuable classroom time with passive lectures to convey the related theory and best practices. Recently, several legal skills instructors have adopted a flipped classroom model to …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCE Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

More Than Decisions: Reviews Of American Law Reports In The Pre-West Era, Richard A. Danner

Faculty Scholarship

In the early nineteenth century, both general literary periodicals and the first American legal journals often featured reviews of new volumes of U.S. Supreme Court and state court opinions, suggesting their importance not only to lawyers seeking the latest cases, but to members of the public. The reviews contributed to public discourse through comments on issues raised in the cases and the quality of the reporting, and were valued as forums for commentary on the law and its role in American society, particularly during debates on codification and the future of the common law in the 1820s. James Kent saw …

Is This The Law Library Or An Episode Of The Jetsons?, Ronald E. Wheeler

Faculty Scholarship

In this brief essay penned for the inaugural online edition of the Journal of the Legal Writing Institute, Professor Wheeler discusses his vision for the future of law libraries and the future of legal research, legal research instruction, law teaching, and law related technologies.

Experiential Legal Writing: The New Approach To Practicing Like A Lawyer, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Law students engage in various types of “experiential” learning activities while in school, such as clinics and externships, but they graduate without the experience necessary to practice law. This is traceable to a glaring deficiency at most law schools: a writing program that is comprehensive, properly sequenced, and integrated across and throughout the law school curriculum.

First, most graduates have never drafted the documents they will encounter in law practice. Additionally, they have not drafted and re-drafted such documents while also participating in real-world simulations as they would in actual practice. Instead, students graduate having drafted an appellate brief, a …

Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One—It’S Not What You Offer; It’S What You Require – Part Ii (In A Three-Part Series), Adam Lamparello, Charles Maclean

Adam Lamparello

This essay (part two of a three-part series) strives to begin a collaborative discussion with legal writing, clinical, and doctrinal faculty about what “change” in legal education should mean. In Part I, the authors rolled out a blueprint for transformative change in legal writing pedagogy, which includes: (1) more required skills courses that mirror the actual practice of law; (2) a three-year program that includes up to four writing credits in every semester; and (3) increased collaboration between legal writing professors and doctrinal faculty. In this essay, we get more specific, and propose a three-year legal writing curriculum that builds …

Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean

Adam Lamparello

So, why didn’t they teach me this in law school?” The problem has nothing to do with ‘bad’ or uncaring teachers, but with a pedagogical approach that mistakenly divorces the acquisition of legal knowledge—and practical skills training—from their functional roles in the real world. In law school, students are typically required to write a memorandum or an appellate brief, but without knowing how each document fits into the broader context of actual law practice, the student’s ability to put that knowledge to practical use is limited. Every litigation document, whether it is, for example, a legal memorandum, complaint, motion to …

What About The Majority? Considering The Legal Research Practices Of Solo And Small Firm Attorneys, Joseph D. Lawson

AALL/LexisNexis Call for Papers

Solo and small firm practitioners account for the majority of attorneys practicing in the United States. However, they are regularly underrepresented in studies of attorneys’ research practices, which tend to focus on attorneys in larger practice settings. This article reports the results of a local survey in which more than 80 percent of respondents fell into this forgotten demographic. Comparison of the local study with a recent national survey demonstrates that greater consideration of smaller firms could lead to a different understanding of fee-based online resource usage among the demographic, which may have widespread implications for public and academic law …

Law Firm Legal Research Requirements And The Legal Academy Beyond Carnegie, Patrick Meyer

Patrick Meyer

What types of research resources must new hires know how to use, and in which format(s)? To answer this question, this article starts by identifying the historical research deficiencies of new attorneys. The author goes on to summarize four recent and regarded law firm practice skills studies, as well as results of the author's 2010 law firm survey. This article concludes by identifying a three part plan to improve the lacking research skills of new attorneys.

Influences Of The Digest Classification System: What Can We Know?, Richard A. Danner

Faculty Scholarship

Robert C. Berring has called West Publishing Company’s American Digest System “the key aspect of the new form of legal literature” that West and other publishers developed in the last quarter of the nineteenth century. Berring argued that West’s digests provided practicing lawyers not only the means for locating precedential cases, but a “paradigm for thinking about the law itself” that influenced American lawyers until the development of online legal research systems in the 1970s. This article discusses questions raised by Berring’s scholarship, and examines the late nineteenth and early twentieth century legal environment in which the West digests were …

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker

Articles

Since I started teaching drafting, I would like to think that I have continued to learn some lessons about teaching both the substance and the skills of transactional drafting. One of those lessons that I am going to be talking about today is one that I stumbled across by happy accident rather than one that I consciously sought. Specifically, I want to talk about and highlight the ways that law students can use law firm marketing materials to increase their understanding of both drafting and lawyering skills in law school and, hopefully, in practice.

The Inevitability Of Theory, Richard O. Lempert

Articles

I wrote this Article in response to an invitation to deliver the keynote address at Berkeley Law School’s Jurisprudence and Social Policy conference Building Theory Through Empirical Legal Studies. Lauren Edelman, the intellectual mother of the conference, gently brushed aside my suggestion that I present one of my own attempts to synthesize the results of empirical research to generate theory, and asked that I directly address the conference topic. I am glad that she did.

Helpful Smartphone Applications For Legal Professionals, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

The History Of The Pace Law Library, Margaret R. Moreland

Elisabeth Haub School of Law Faculty Publications

The Pace University School of Law Library is a gateway to information. As an essential component of legal education, the Library collects and organizes information to support the curriculum and programs of the Pace University School of Law, makes effective use of all available resources to promote student and faculty scholarship, and teaches Pace University School of Law students, faculty, and staff how to retrieve, evaluate, and manage information in an efficient, professional, and ethical manner.

Integrating Legal Research Skills Into Commercial Law, Camille Broussard, Karen Gross

Articles & Chapters

No abstract provided.

Information Redlining: A List Of Selected Readings, Timothy L. Coggins

Law Faculty Publications

In earlier essays Henry Perritt, Marvin Anderson, Gary Bass and Patrice McDermott discuss the increasing use of computers to access information through the information superhighway, the Internet and online services, the increasing reliance on electronic formats by publishers and the federal government and the continuing debate about "information redlining." They indicate that information redlining is broader than just the availability and effects of technology and enhanced online services on lower income, minority and rural communities. It also deals with what information will be available to these groups. As more and more data comes in digital form and when some information …