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University of Colorado Law School

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Articles 61 - 90 of 212

Full-Text Articles in Legal Education

Legal Academia And The Blindness Of The Elites, Paul Campos Jan 2014

Legal Academia And The Blindness Of The Elites, Paul Campos

Publications

No abstract provided.


The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur Jan 2014

The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur

Publications

No abstract provided.


Are Clinics A Magic Bullet?, Deborah J. Cantrell Jan 2014

Are Clinics A Magic Bullet?, Deborah J. Cantrell

Publications

In the current conversation about reforming legal education, one of the constant refrains is that law schools must graduate students who are "practice ready." Commentators go on to argue that for law schools to produce "practice ready" students, they must expand how they offer experiential learning. One potential way to do that is to expand clinical legal education programs. I worry that law schools (and others) are envisioning clinical legal education as a magic bullet that will solve all of the ills and imbalances present in current legal education. In this article, I demonstrate the unhelpfulness of the phrase "practice …


Out With The Old, In With The New: Two Perspectives On Implementing Libguides At An Academic And A Public Law Library, Shamika Dalton, Danielle A. Becker Jan 2014

Out With The Old, In With The New: Two Perspectives On Implementing Libguides At An Academic And A Public Law Library, Shamika Dalton, Danielle A. Becker

Publications

No abstract provided.


All-Sis Sourcebook For Teaching Legal Research, Karen Skinner Jan 2014

All-Sis Sourcebook For Teaching Legal Research, Karen Skinner

Publications

No abstract provided.


The 'Shock And Awe' Approach To Legal Research: Helping Students Understand Their Research Deficiencies So That They Are Better Prepared To Learn Legal Research, Karen Skinner Jan 2014

The 'Shock And Awe' Approach To Legal Research: Helping Students Understand Their Research Deficiencies So That They Are Better Prepared To Learn Legal Research, Karen Skinner

Publications

This article discusses the unique approach that the law librarians at the University of Southern California use during first-year legal research to expose student overconfidence in research skills and to teach a new framework for improving those skills.


Law Clinics And Lobbying Restrictions, Kevin Barry, Marcy Karin Jan 2013

Law Clinics And Lobbying Restrictions, Kevin Barry, Marcy Karin

University of Colorado Law Review

"Can law school clinics lobby?" This question has plagued professors for decades but has gone unanswered, until now. This Article situates law school clinics within the labyrinthine law of lobbying restrictions and concludes that clinics may indeed lobby. For ethical, pedagogical, and, ultimately, practical reasons, it is critical that professors who teach in clinics understand these restrictions. This Article offers advice to professors and students on safely navigating this complicated terrain.


Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs' Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss Jan 2013

Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs' Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss

Publications

For a major field, employment discrimination suffers surprisingly low-quality plaintiffs' lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs' briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for win-loss rate, bad plaintiffs' briefs far more often yield decisions crediting debatable defenses. These findings are puzzling. In a major legal service market, how …


Foreword: Public Constitutional Literacy; A Conversation, Melissa Hart Jan 2013

Foreword: Public Constitutional Literacy; A Conversation, Melissa Hart

Publications

No abstract provided.


Professionalism And The New Normal, Philip J. Weiser Jan 2013

Professionalism And The New Normal, Philip J. Weiser

Publications

No abstract provided.


Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser Jan 2013

Panel Discussion Iii: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser

Publications

No abstract provided.


Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson Jan 2013

Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson

Publications

No abstract provided.


Considering Class: College Access And Diversity, Matthew N. Gaertner, Melissa Hart Jan 2013

Considering Class: College Access And Diversity, Matthew N. Gaertner, Melissa Hart

Publications

Each time that the continued legality of race-conscious affirmative action is threatened, colleges and universities must confront the possibility of dramatically changing their admissions policies. Fisher v. University of Texas, which the Supreme Court will hear this year, presents just such a moment. In previous years when affirmative action has been outlawed by ballot initiative in specific states or when the Court has seemed poised to reject it entirely, there have been calls for replacing race-conscious admissions with class-based affirmative action. Supporters of race-conscious affirmative action have typically criticized the class-based alternative as ineffective at maintaining racial diversity. This …


The Missing Link: Making Research Easier With Linked Citations, Nick Harrell Jan 2013

The Missing Link: Making Research Easier With Linked Citations, Nick Harrell

Publications

No abstract provided.


Self-Congratulation And Scholarship, Paul Campos Jan 2013

Self-Congratulation And Scholarship, Paul Campos

Publications

Professor Jay Silver’s criticism of the reform proposals put forward in Brian Tamanaha’s book Failing Law Schools displays some characteristic weaknesses of American legal academic culture. These weaknesses include a tendency to make bold assertions about the value of legal scholarship and the effectiveness of law school pedagogy, while at the same time providing no support for these assertions beyond a willingness to repeat self-congratulatory platitudes about who professors are and what we do. The high costs for our students of the current scholarly expectations at American law schools are clear. What is not clear is whether those costs are …


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 Apr 2012

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, …


The Faculty Workshop, Pierre Schlag Jan 2012

The Faculty Workshop, Pierre Schlag

Publications

This essay explores the ubiquitous law school institution, “The Faculty Workshop,” as an entrée into and manifestation of contemporary American legal thought. The Faculty Workshop is examined both as a regulator and expression of legal thought - at once governance system and symptom. We close by discussing “Stage 4.”


A Shift To Narrativity, Derek H. Kiernan-Johnson Jan 2012

A Shift To Narrativity, Derek H. Kiernan-Johnson

Publications

Slipshod, inconsistent use of core Applied Legal Storytelling terminology muddles its discourse and hampers its growth. Refining the field’s vocabulary is essential, but insufficient, as exclusive focus on the field’s objects of inquiry, such as story and narrative, and the means of creating or conveying them, such as storytelling and narrating, risks losing the “A” in ALS. We need a new focus, one unburdened by the ambiguities and negative associations of existing options that more accurately reflects Applied Legal Storytelling scholars’ unique contributions. A shift to narrativity. Narrativity, as imagined here, is a top-level quality of a legal text or …


David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter Jan 2012

David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter

Publications

No abstract provided.


The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks Jan 2012

The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks

Publications

Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.


"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss Jan 2012

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Publications

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …


Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang Jan 2012

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. …


From Tiger Mom To Panda Parent, Peter H. Huang Jan 2012

From Tiger Mom To Panda Parent, Peter H. Huang

Publications

This response to Yale Law Professor Amy Chua’s book, Battle Hymn of the Tiger Mother, complements a much longer and related article that is also in part a response to Chua’s book: Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting, 1 British Journal of American Legal Studies 297 (2012). This brief essay discusses the cultural differences between Chinese and Western views about education, learning, and parenting. This editorial draws on research in social psychology to analyze the stereotype of Asians and Asian Americans as being competent yet unsociable. Finally, this reflection draws …


The Crisis Of The American Law School, Paul Campos Jan 2012

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 …


You Can Handle The Truth: Using Pop Culture To Teach Legal Research., Karen Skinner Jan 2012

You Can Handle The Truth: Using Pop Culture To Teach Legal Research., Karen Skinner

Publications

No abstract provided.


Legal Research Class Experiment Showed You Can’T Ignore The Basics, Karen Skinner Jan 2012

Legal Research Class Experiment Showed You Can’T Ignore The Basics, Karen Skinner

Publications

No abstract provided.


Aall Secretary Is The Joint Institute Luncheon Speaker, Karen Skinner Jan 2012

Aall Secretary Is The Joint Institute Luncheon Speaker, Karen Skinner

Publications

No abstract provided.


Happiness In Business Or Law, Peter H. Huang Jan 2011

Happiness In Business Or Law, Peter H. Huang

Publications

This article provides a short introduction to recent happiness research and its applications to business or law that is organized as follows. Section I briefly considers: (1) troubling and not so troubling reservations about happiness research, and (2) how money and happiness are related. Section II concisely surveys two sets of applications of happiness research to business, namely: (1) workplace well-being and meaning, and (2) marketing. Section III succinctly reviews two categories of happiness research implications for law: (1) business regulation, and (2) law student and lawyer happiness.


David H. Getches: 1942-2011, James N. Corbridge Jr. Jan 2011

David H. Getches: 1942-2011, James N. Corbridge Jr.

Publications

No abstract provided.


Teaching Controversial Topics, Jennifer S. Hendricks, Beth Burkstrand-Reid, June Carbone Jan 2011

Teaching Controversial Topics, Jennifer S. Hendricks, Beth Burkstrand-Reid, June Carbone

Publications

At the 2009 Future of Family Law Education conference at the William Mitchell School of Law,4 the authors participated in a panel discussing strategies for teaching controversial topics, which focused on teaching reproductive rights and related gender issues. This essay collects some of the strategies discussed at the conference. First we address what constitutes a "controversial" legal topic, outlining the several different ways in which a topic might be or become controversial within the context of a particular class. Next, we discuss the importance of laying the groundwork, throughout the semester, for the anticipated-and unanticipated-discussions surrounding controversial topics and techniques …