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Articles 91 - 120 of 403
Full-Text Articles in Legal Education
From Sagebrush Law To A Modern Profession, Kristina J. Running
From Sagebrush Law To A Modern Profession, Kristina J. Running
Articles
No abstract provided.
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Articles
When legal writing professors introduce CREAC (or IRAC, TREAT, etc.), our examples necessarily use some area of substantive law to demonstrate how the pieces of legal analysis fit together. And when we ask students to try drafting a CREAC analysis, they also have to learn the relevant substantive law first. Students might be asked to analyze whether a worker is an employee or independent contractor or whether the elements of a tort claim are satisfied. But that means that students need to learn the relevant substantive doctrine while they are also grappling with the basics of CREAC. In the language …
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Articles
No abstract provided.
The Rule Of Three, Patrick Barry
The Rule Of Three, Patrick Barry
Articles
Judges use the Rule of Three. Practitioners use the Rule of Three. And so do all manner of legal academics. Yet although many people seem to have an intuitive feel for how useful this rhetorical move is, no extended explanation of its mechanics and variety of forms exists. This essay offers that explanation. It begins with an introduction to the more straightforward form of the rule of three, which simply involves arranging information not in twos or fours or any other set of numbers-but rather in the trusty, melodic structure of threes. It then moves on to a closer look …
Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto
Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto
Articles
Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In …
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Articles
No abstract provided.
The Development Of Seals Committees, Linda Jellum
Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber
Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber
Articles
In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws in Moses Maimonides’ …
Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha
Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha
Articles
No abstract provided.
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb
Articles
This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …
Experiential Skills In Legal Education: Introducing Tomorrow’S Practitioners To Practicing Law, Edward R. Becker
Experiential Skills In Legal Education: Introducing Tomorrow’S Practitioners To Practicing Law, Edward R. Becker
Articles
Welcome to the “Future of Law,” a new column that will appear regularly in the Michigan Bar Journal. This month, we kick off a recurring series devoted to legal education. These articles will highlight new developments and ongoing efforts at the five Michigan law schools to introduce students to experiential skills and more effectively prepare them to practice law. In future columns, authors will shed light on what law schools are doing to prepare students for practice and, we hope, inspire more Michigan attorneys to get involved—or, for some of you, become further involved—in those efforts. Why is this inaugural …
The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn
The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn
Articles
In recent years, the bar has expressed dissatisfaction with what is considered by some to be inadequate preparation of law students to begin practicing law immediately after graduation. There are several reasons why this has become a matter of concern for the legal profession. The profession itself has undergone significant changes. Although there are a few exceptions, most law firms no longer wish to spend time training their young associates or allowing them much time to develop the skills they need. First, clients are unwilling to pay for the time a young lawyer spends in acquiring needed skills. Second, the …
A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson
A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson
Articles
No abstract provided.
Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes
Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes
Articles
No abstract provided.
Why Sports Law?, Sherman J. Clark
Why Sports Law?, Sherman J. Clark
Articles
This essay argues that sports law can be more than just a fascinating and topical subject with great appeal to those who work or hope to work in the field. It can also be a valuable intellectual and pedagogical enterprise—even for those who do not or will not work in sports. In particular, sports law can be a useful and clarifying lens through which to study the law more broadly. This is because sports enterprises and issues tend to put unique and potentially illuminating pressures on the law. Ordinary or unexamined assumptions often break down or prove inadequate when confronted …
Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello
Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello
Articles
First-year associates will spend forty-five percent of their time on legal research; second- and third-year associates will spend thirty percent. And unfortunately, employers find their associates’ research skills lacking. This is not a new complaint. Employers have been complaining for more than a hundred years that recent law graduates cannot research well. None of this is lost on those who teach legal research, who have long debated the best way to do so. Techniques for teaching research have changed over time, and methods once thought appropriate were sometimes later disfavored. Changes were driven both by pedagogy and by the ever-changing …
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Articles
Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …
Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky
Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky
Articles
Since 2015, Legal Practice faculty have partnered with local legal services organizations and the law school’s own clinics to provide our 1L students with client interaction, under the close supervision of experienced attorneys. So far, our students have worked with the Michigan Immigrant Rights Center, Legal Services of South Central Michigan, and the school’s Unemployment Law Clinic.
Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker
Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker
Articles
On a substantive and ethical level, I tell my students to take on faith that if you were to do all of this and take all this into account, if you were to apply the conflict of interest and the disqualifications rules, it could make it extremely difficult or many of the firms involved in these matters to avoid being conflicted out; especially, if the parties and the kind of firms involved were not dealing with these conflicts and issues until a problem arose. The question I ask my students again at this point is what could be done. What …
College Of Law Committed To Native Law Program, Mark Adams
College Of Law Committed To Native Law Program, Mark Adams
Articles
No abstract provided.
Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel
Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel
Articles
Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …
The Course Source: The Casebook Evolved, Stephen Johnson
The Course Source: The Casebook Evolved, Stephen Johnson
Articles
Law students are changing, law practice is changing, law schools are criticized for failing to prepare practice-ready lawyers, and there is nearly universal consensus that legal education must transform. However, the principal tool that many faculty members rely on to prepare their courses, the Langdellian casebook, is ill-suited for such transformation. This prototypical casebook, which is still the standard for many courses today, was designed for the Socratic dialogue and the case method mode of instruction. Although there is still a place for that method in legal education, other methods of instruction—the carriage bolts and lag screws of modern legal …
Post-Crisis Legal Education: Some Premature Thoughts, David Yellen
Post-Crisis Legal Education: Some Premature Thoughts, David Yellen
Articles
No abstract provided.
Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise
Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise
Articles
No abstract provided.
Rebellious Pedagogy And Practice, Anthony V. Alfieri
Rebellious Pedagogy And Practice, Anthony V. Alfieri
Articles
Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …
Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky
Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth H. Wilensky
Articles
There is little question that law schools ought to teach their students professionalism – indeed, they are required to do so to maintain accreditation. And there is little question that the required legal writing and research course is one of the places it ought to be taught. But teaching students to adopt the norms of professional behavior — both in law school and after graduation — is a challenge to law faculties, and particularly to the experiential learning faculty who frequently are on the front lines of teaching professionalism. While there are many ways to teach students what professional and …
When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky
When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky
Articles
It is axiomatic in legal research pedagogy that law schools should teach students how to conduct cost-effective legal research. To do that, we need to teach students to consider the amount of time and money their research requires, how paid legal research platforms like Westlaw and Lexis charge for their services, and how to research in an efficient and cost-sensitive way. But we shouldn’t do those things. Or at least, we shouldn’t do them at first. Instead, we should tell students not to worry about the costs of legal research during their first year of law school—with the possible exception …
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Articles
Interest in marijuana law continues to grow, due in large part to the complicated and rapidly evolving landscape of marijuana laws in the United States. Nearly every day, newspapers report on new or proposed legislation and the legal controversies that have arisen with regard to this evolving landscape. There are now several marijuana-law blogs on the Internet, Congress is considering sweeping legislation that would essentially grant significant deference to the individual states, and public opinion continues to move in favor of increased legalization. For the last two years, Newsweek magazine has published special editions devoted exclusively to marijuana law and …
Think Like A Businessperson: Using Business School Cases To Create Strategic Corporate Lawyers., Alicia J. Davis
Think Like A Businessperson: Using Business School Cases To Create Strategic Corporate Lawyers., Alicia J. Davis
Articles
For the past twenty-five years, my academic and professional pursuits have straddled the line between business and law. I majored in business administration in college and then worked as an analyst in the Corporate Finance department at a bulge bracket Wall Street firm. After completing a JD/MBA, I returned to investment banking with a focus on middle-market mergers and acquisitions (M&A) and subsequently practiced law with a focus on private equity and M&A. Finally, in 2004, I found my current home as a corporate law professor. In my courses, which include Mergers & Acquisitions, Enterprise Organization, and Investor Protection, I …
Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail Partin, Sally H. Wise
Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail Partin, Sally H. Wise
Articles
No abstract provided.