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Articles 91 - 120 of 150
Full-Text Articles in Legal Education
Allegory From The Cave: A Story About A Mis-Educated Profession And The Paradoxical Prescription, Natasha Martin
Allegory From The Cave: A Story About A Mis-Educated Profession And The Paradoxical Prescription, Natasha Martin
Faculty Articles
The article reviews and engages Professor Derrick Bell’s more recent scholarship on the nature of the legal profession and the practice of law – ETHICAL AMBITION: LIVING A LIFE OF MEANING AND WORTH – placing Bell’s work in the broader framework of the entire legal enterprise highlighting its relevance to legal ethics, the ills of the profession and legal training. The article juxtaposes Bell’s more contemporary critique of the legal profession and practice with the observations of Carter G. Woodson in THE MIS-EDUCATION OF THE NEGRO, another African-American educator largely unfamiliar to the broader legal academy. The author proposes that …
An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel
An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel
Faculty Articles
On October 29, 2004, the American Society for Legal History (ASLH) held a panel at its annual scholarly conference in Austin, Texas, entitled “Herbert Johnson and the Writing of American Constitutional History." The Herbert Johnson of that title is Herbert Alan Johnson, for twenty-five years a Professor of Law and History at the University of South Carolina and, since 2002, Distinguished Professor Emeritus of Law. That ASLH panel and the papers that flowed from it are the inspiration for—and in large part, the substance of—the Symposium that follows. To write a tribute to the life's work of a living individual …
Lawrence Summers’ Speech On “Innate” Differences Between Men And Women--A Different Perspective, Thomas Fischer
Lawrence Summers’ Speech On “Innate” Differences Between Men And Women--A Different Perspective, Thomas Fischer
Faculty Articles
In this article, Professor Fischer outlines his experience in the admissions department at Georgetown University Law Center as well as other legal academic settings, and the perspective he gained with regard to women in the sphere of legal academia. The article outlines a careful reflection over the role of gender in these settings, in contrast with Lawrence Summer's perspective on innate gender differences.
The "C" Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy
The "C" Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy
Faculty Articles
For over two thousand years, since the times of Jesus Christ, society has valued collegiality as one of its pillars in advancing human relationship: "Now I plead with you, brethren, by the name of our Lord Jesus Christ, that you all speak the same thing, and that there be no divisions among you, but that you be perfectly joined together in the same and in the same judgment." Collegiality is "cooperative interaction among colleagues. Put another way, collegiality results when two or more individuals who are willing to engage in a common enterprise (the "cooperative" component), actually engage or participate …
Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald
Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald
Faculty Articles
Historically, non-lawyer patrons in law libraries have been viewed with discomfort, and library services, even in libraries open to the public, have been geared toward members of the legal community. However, changes in both the needs of the public and in the demographics of library patrons are challenging the traditional allocation of services in public law libraries. This article discusses the reasons for the traditional allocation of services, the cultural and economic forces that are bringing the public to law libraries in greater numbers, and new modes of service that can better meet the needs of public patrons.
Syllabus: Asian Americans And The Law, Robert S. Chang
Syllabus: Asian Americans And The Law, Robert S. Chang
Faculty Articles
This is the accompanying syllabus to the essay by Professor Chang, “Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics.” The article explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate …
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Faculty Articles
In this brief article, Professor Chang explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate to and/or identify with the historical persons who occupy very different subject positions with regard to race, nationality, immigration …
So You Want To Build A Building: Some Helpful Hints For Those Deans Who May Develop An "Edifice Complex", Andrew Coats
So You Want To Build A Building: Some Helpful Hints For Those Deans Who May Develop An "Edifice Complex", Andrew Coats
Faculty Articles
No abstract provided.
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Faculty Articles
To fine-tune legal writing courses to better prepare law students to enter legal practice, Professors Constance Krontz and Susan McClellan surveyed judges and practicing attorneys who supervise the work of first-year associates or judicial law clerks. They selected attorneys from a variety of practices in Washington State, including offices of public defenders and state prosecutors, the Attorney General's office, and private firms of various sizes. They sought information about the performance of all first-year clerks and associates, without reference to where they obtained their law degrees. Knowledge of the bench and bar's perception of the oral and written performance of …
The Way We Were And What We “B”, Kelly Kunsch
The Way We Were And What We “B”, Kelly Kunsch
Faculty Articles
This article describes the changes over the past 20 years in the job of reference librarian. Using typical reference questions and quotes from leading law librarians in the early '80s, the author compares current practice and explains the differences in the time, place, and manner of legal reference. Although answering questions may be done today more quickly and efficiently than 20 years ago, the increase in demand and expectations make the job more challenging than ever.
I Know That I Taught Them How To Do That, Laurel Oates
I Know That I Taught Them How To Do That, Laurel Oates
Faculty Articles
Teachers have complained for years that students could not transfer their skills from one class to another, and employers have complained that the students could not apply the skills they learned in class to real world tasks. This article delves into the issues involved in students acquiring skills and the ability to transfer those to skills to similar tasks. The article describes the four steps involved in transfer identified by researchers: problem representation, search and retrieval, mapping, and application.
Law Students' Undergraduate Major: Implications For Law School Academic Support Programs (Asps) Performance, Bryan Adamson, Mark Graham
Law Students' Undergraduate Major: Implications For Law School Academic Support Programs (Asps) Performance, Bryan Adamson, Mark Graham
Faculty Articles
This article addresses whether or not law students' comparative educational backgrounds affect their ability to solve general deductive reasoning problems. This question leads to two broader issues: (1) whether any comparative differences in general reasoning competency affect a student's ability to reason within a legal framework; and (2) whether a student's reasoning competency remains static over three years of law school. This article addresses the first issue. At present, a separate study is being conducted to explore how general reasoning differences may influence a student's ability to reason within a legal framework. This article contends that law school academic support …
Los Angeles As A Single-Cell Organism, Robert S. Chang
Los Angeles As A Single-Cell Organism, Robert S. Chang
Faculty Articles
In this article, Professor Robert S. Chang discusses the Los Angeles Police Department's Rampart scandal. Professor Chang compares Los Angeles to a single-celled organism that lives according to three basic survival rules. These three rules are: 1) keep out that which is undesirable, 2) isolate and control that which cannot be kept out, and 3) expel, whenever possible, undesirable elements. The author first discusses some of the historical antecedents to the Rampart scandal in Los Angeles. The author then discusses how the United States as a whole has historically acted according to the three basic survival rules exhibited by a …
Beyond Communication: Writing As A Means Of Learning, Laurel Oates
Beyond Communication: Writing As A Means Of Learning, Laurel Oates
Faculty Articles
In this article, Professor Oates examines the belief that writing facilitates learning from several perspectives. Part I describes the writing-to-learn movement, beginning with James N. Britton's and Janet Emig's assertions that writing is a unique method of learning and ending with John M. Ackerman's claim that writing is no better and, is sometimes worse, than other modes of learning. Building on the evidence described in Part I, Part II discusses writing to learn in light of four theories: behaviorism, Linda S. Flower and John Hayes's models of the composing process, Carl Bereiter and Marlene Scardamalia's models of knowledge telling and …
Health Care Reform In The Year 2000: The View From The Front Of The Classroom, Ken Wing
Health Care Reform In The Year 2000: The View From The Front Of The Classroom, Ken Wing
Faculty Articles
This article looks at the implications of the evolution of health care reform from the perspectives of teaching health law in the United States. U.S. on Congress' adoption of important limits on federal welfare programs, the direct role of government in financing health care, and the practical and theoretical problems in attempting to move forward to a more government controlled health care systems.
Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller
Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller
Faculty Articles
This introduction examines the four articles in this cluster on LatCrit praxis. The four articles can be seen as case studies that explore different aspects of LatCrit praxis. Pedro Malavet examines the role literature and the arts can play as a form of antisubordinationist practice. Nicholas Gunia focuses on Jamaican music as a particular site of antisubordinationist practice, showing us that resistance comes in many forms and that LatCrit practitioners must have a broad theory for social change that is not limited to legislatures, courtrooms, classrooms, and law reviews. Alfredo Mirande Gonzalez employs personal narrative to tell us how he …
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Faculty Articles
Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …
A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon
A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon
Faculty Articles
The articles in this Symposium tribute to Judge A. Leon Higginbotham Jr. emphasize his mentoring as well as his message. This demonstrates that one of the Judge's most important legacies was his "people legacy"—his continual training of the next generation of leaders in ways that would keep alive the more than four-hundred-year-long struggle of American racial justice. The Judge also had a distinct vison of American law, the vision of "we the people” of self-evident truths that "all men are created equal." His second vision was that of "we the people of color," the one that is symbolized by the …
Principle 7: Good Practice Respects Diverse Talents And Ways Of Learning, And Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Principle 7: Good Practice Respects Diverse Talents And Ways Of Learning, And Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Faculty Articles
This is one of seven articles from a symposium applying to law school the Principles of Good Teaching Practices that were developed for undergraduate educators. The article presents a good overview of the general issues that impact diverse students such as the institutional climate, admission and selection criteria, academic policies, student support program, curriculum, and law school pedagogy. It provides some concrete suggestions on how law schools can enhance learning. It is a good primer for ASP professionals because it points out the various factors that can hinder students' learning or academic performance.
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
Faculty Articles
The authors, themselves writing advisors at The John Marshall Law School and Seattle University School of Law respectively, have recently surveyed both Directors of Legal Writing and Writing Advisors across the country to learn more about the phenomena of Writing Advisors in law schools. This article will report the results of that survey. First, however, the authors will give a brief history of the events surrounding the arrival of Writing Advisors at law schools, including the rise of the writing-across-the-curriculum (WAC) movement, and then they will describe how these events set the stage for Writing Advisors at law schools. Second, …
Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Faculty Articles
Professor Lustbader discusses how applying the seven principles to legal education can be done without a complete overhaul of legal pedagogy—several of the principles are now evident in many law schools. Professor Lustbader uses quotations from students to show how the seven principles help to create a more effective learning environment for students. Since the principles maximize the students learning experience, as graduates they will be better prepared to server their clients.
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Faculty Articles
In this introduction, Professors Margaret Chon and Keith Aoki situate both Professor Yamamoto's work and the articles that respond to it. They also follow Yamamoto's advice and "perform" critical race praxis as it might relate to legal education and legal scholarship. Thus, the latter part of this introduction takes the form of an epistolary exchange, culled loosely from various e-mail messages between Professors Aoki and Chon. It is intended (in both form and content) to illustrate how conceptual tools that Yamamoto provides can be used to address the intergroup racial justice issues that permeate law schools.
“To Learn And Make Respectable Hereafter:” The Litchfield Law School In Cultural Context, Andrew Siegel
“To Learn And Make Respectable Hereafter:” The Litchfield Law School In Cultural Context, Andrew Siegel
Faculty Articles
This article details the historical moment in which the Law School emerged, sketching both the political and social structure of colonial Connecticut and the multifaceted crisis facing that state's leaders in the late eighteenth and early nineteenth centuries. It describes the response of Litchfield's elite to this unfolding crisis, focusing in detail on the innovative institutions they founded and nurtured during this period, including the Law School and the Litchfield Female Academy. The article then attempts to place the Law School in historical and cultural context, providing, sequentially, an exploration of the social vision propounded in its classroom, a brief …
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Faculty Articles
This article uses quotes from interviews with diverse students as a spring board to discuss contextualized learning theory and teaching strategies to enhance student learning. Students must relate new information to their own experience; develop ideas about the new information; and articulate their understanding of it. In other words, to fully understand something, students must be able to relate to it, own it, and translate it. To help students do this, the article discusses and provides examples of three concrete teaching strategies: experiential learning exercises, writing exercises, and collaborative exercises.
Acting Upon Immigrant Acts: On Asian American Cultural Politics By Lisa Lowe- A Review Colloquy, Margaret Chon
Acting Upon Immigrant Acts: On Asian American Cultural Politics By Lisa Lowe- A Review Colloquy, Margaret Chon
Faculty Articles
How might a literature professor converse with a law professor about law? Selecting what she thinks are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, Professor Margaret Chon meditates on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of Professor Lowe's book, Professor Chon tries to construct a partial, if artificial, colloquy. By doing this, the reader can sample the richness of Lowe's text, while gauging Professor Chon’s reactions. With this form, Professor Chon hopes to emulate what Professor Lowe simultaneously analyzes and …
Radical Plural Democracy And The Internet, Margaret Chon
Radical Plural Democracy And The Internet, Margaret Chon
Faculty Articles
By examining the consequences that particular social practices on the Internet have in physical space, this essay attempts to re-pivot the democratic discourse of the Internet so as to include Chantal Mouffe's vision of a radical and plural democracy: one that accounts for missing material markers, one that encourages the proliferation of different democratic struggles, one that acknowledges that "[a]ll inequities existing in our society are now at issue."
From Dreams To Reality: The Emerging Role Of Law School Academic Support, Paula Lustbader
From Dreams To Reality: The Emerging Role Of Law School Academic Support, Paula Lustbader
Faculty Articles
This article reviews the history, rationale, development, and different program structures of Law School Academic Support Programs. It briefly summarizes learning theory and explains how ASP can implement those theories to teach academic skills. Lastly, it suggests that notwithstanding the significance of helping students develop solid academic skills, probably the most important work that ASP professionals do is to provide the non-academic support by making the human connection to students and believing in them.
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Faculty Articles
Undergraduate institutions, on their own and in partnership with law schools, can and should play a more significant role in expanding the pool of law school applicants from non-traditional backgrounds. The Law and Diversity Program at Western Washington University was conceived out of this desire to prepare non-traditional students for the study of law and thereby help bring more diversity to the legal profession. This article discusses the model used by the Law and Diversity Program to prepare non-traditional students for law school and the program's success in accomplishing its goals. It was the hope of the author to create …
Education's Promise, Laurel Oates, Sam Wineberg
Education's Promise, Laurel Oates, Sam Wineberg
Faculty Articles
This is a story with at least two parts. In the first part, Sam Wineburg, a Professor of Educational Psychology at the University of Washington, tells his story, the story of instruction in the United States, beginning with one revolution, the scientific revolution, and ending with another, the cognitive revolution. In the second part, Laurel Oates, the Director of Legal Writing at Seattle University School of Law, tells our story, the story of legal education and, in particular, legal writing, and how both have been affected by these revolutions.
Beating The Odds: Reading Strategies Of Law Students Admitted Through Alternative Admissions Programs, Laurel Oates
Beating The Odds: Reading Strategies Of Law Students Admitted Through Alternative Admissions Programs, Laurel Oates
Faculty Articles
When they enter law school, the odds are against them. Almost always persons of color and often from disadvantaged backgrounds, their LSAT scores are substantially lower than those of their classmates. As a result, these students, law students admitted through alternative admissions programs, have a by far less chance of success than their regularly admitted classmates. Some of these students do, however, beat the odds. While most students who are admitted to law school under an alternative admissions program perform as their LSAT scores predict-in the bottom quartile of their class-a small number perform substantially better. Every year, some alternatively …