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Articles 241 - 269 of 269
Full-Text Articles in Legal Education
Recruiting Sexual Minorities And People With Disabilities To Be Dean, Joan W. Howarth
Recruiting Sexual Minorities And People With Disabilities To Be Dean, Joan W. Howarth
Seattle University Law Review
This Essay discusses diversity in deaning as it pertains to two identity categories: members of the lesbian, gay, bisexual, and transgender (LGBT) communities, and people with disabilities. Each identity is itself fluid and contested, containing such enormous variations as to render the category illusive and often obfuscating. People with visible disabilities face fundamentally different issues than people with hidden disabilities, for example. Pairing sexual orientation and disability risks false analogies, and worse.
Be Careful What You Wish For: Succeeding In The Dean Candidate Pool, Gail B. Agrawal
Be Careful What You Wish For: Succeeding In The Dean Candidate Pool, Gail B. Agrawal
Seattle University Law Review
My conference assignment focused on the second step of the process: how does a decanal candidate become a sitting dean? In this short essay, I share some thoughts on what I know now as a successful candidate and contented dean that I wish I had known then as a dean candidate.
Matchmaker, Matchmaker, Find Me The Perfect (Decanal) Match, William B.T. Mock
Matchmaker, Matchmaker, Find Me The Perfect (Decanal) Match, William B.T. Mock
Seattle University Law Review
I have been asked to address the question, “How do you know which deanship is the right one?” Since I am the only panel member never to have served as the dean of a law school, this naturally involves some speculation on my part. I have interviewed for some decanal positions, and have even had my name forwarded to university presidents more than once, but I have never found the right fit premised by the panel's topic. As a result, a little further into this essay, speculation even ventures into fiction or, as law professors like to call it, a …
Legal Reading And Success In Law School: An Empirical Study, Leah M. Christensen
Legal Reading And Success In Law School: An Empirical Study, Leah M. Christensen
Seattle University Law Review
Part II of this Article describes the cognitive challenges of legal reading. Part III discusses the prior reading studies that have examined how individuals read legal text. Part IV describes the present study, including its participants, the think aloud procedure, and the methodology used to collect, analyze, and interpret the data. Part V sets out the results of the study and explains the various conclusions that might be drawn from them. Finally, Part VI presents examples of the reading strategies that the most successful law students use and offers observations on how to incorporate these strategies into the legal classroom.
Introductory Essays, Kellye Testy, Thomas J. Holdych, Robert Medved
Introductory Essays, Kellye Testy, Thomas J. Holdych, Robert Medved
Seattle University Law Review
Congratulations to the Law Review for its first thirty years and many thanks to each and every graduate who, during their tenure on the Law Review, made it what it is today. May your outstanding work be an inspiration for those whom follow. After all, look at what four students with typewriters and carbon paper did in 1975!
Evidence Teaching Wisdom: A Survey, Calvin William Sharpe
Evidence Teaching Wisdom: A Survey, Calvin William Sharpe
Seattle University Law Review
This Survey secures data on the methods American law school faculty use to teach the law of evidence. The Survey provides insight into the teaching of evidence and facilitates discourse among evidence faculty on how we teach the course, for the benefit of new or occasional instructors as well as veterans. Specifically, the Survey focuses on the question of which classroom instruction approach predominates among evidence professors.
(Un)Examined Assumptions And (Un)Intended Messages: Teaching Students To Recognize Bias In Legal Analysis And Language , Lorraine Bannai, Anne Enquist
(Un)Examined Assumptions And (Un)Intended Messages: Teaching Students To Recognize Bias In Legal Analysis And Language , Lorraine Bannai, Anne Enquist
Seattle University Law Review
This article discusses how law school, specifically through legal writing courses, can address cultural bias and its effect on legal analysis and language. Part I addresses why the law school curriculum should aid students in recognizing expressions of bias in legal analysis and language. Part II discusses how bias typically appears in legal language, as well as how it may infect legal analysis and argument, and suggests ways of teaching students to recognize it in a legal writing course. Part III addresses challenges that may be faced in teaching the material, including suggestions for handling discussions of potentially sensitive subjects.
Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson
Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson
Seattle University Law Review
This Article will view the relationship between affirmative action and law school admissions through the lens of The Bell Curve, a book suggesting that a genetic link probably exists between race and intelligence. In The Bell Curve, Charles Murray and Richard J. Herrnstein conduct a statistical analysis on a variety of aptitude tests and other measures of intelligence, concluding that blacks and whites do differ on standardized tests of cognitive ability, even when controlling for such factors as motivation and socioeconomic status. Indeed, much of the book is geared toward discounting environmental explanations of intelligence scores. The relevancy …
A Primer On Learning Styles: Reaching Every Student, M.H. Sam Jacobson
A Primer On Learning Styles: Reaching Every Student, M.H. Sam Jacobson
Seattle University Law Review
Many authors and researchers have written extensively about learning styles, but the literature can be daunting to the uninitiated. This article establishes a framework that will put the literature into perspective, will allow professors to evaluate what is meant by "learning syle," and will give them guidance for how to be more effective teachers both in the classroom and out. Part I discusses how knowledge of learning styles will help professors achieve their pedagogical goals. Part II discusses the personal characteristics that contribute to learning style. Finally, Part III applies the learning styles to the learning cycle and discusses how …
"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
Seattle University Law Review
Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …
Reflections On The Future Of Social Justice, Lucia A. Silecchia
Reflections On The Future Of Social Justice, Lucia A. Silecchia
Seattle University Law Review
This Address contains remarks made on October 18, 1999 as part of the Dedication Celebration for the Seattle University School of Law.
Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch
Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch
Seattle University Law Review
The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …
Legal Ethics And A Civil Action, Kevin E. Mohr
Legal Ethics And A Civil Action, Kevin E. Mohr
Seattle University Law Review
This Article shows how A Civil Action can be used to supplement a course in Professional Responsibility. A Civil Action contains many events that can similarly be used to introduce students to ethical dilemmas they will confront when they enter the profession. These events can breathe life into otherwise dry discussions of acceptable ethical behavior as set out in ethical codes. In accord with the Lessons from Woburn Project's goal to make A Civil Action and its associated materials into a powerful teaching tool, the book's events vividly illustrate the ethical parameters within which a lawyer must operate, ethical parameters …
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
Seattle University Law Review
This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they …
Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell
Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell
Seattle University Law Review
The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It is not an easy task. Americans treat the Constitution as a hallowed document created by men so divinely inspired that the document they produced in 1787 has been amended less than three dozen times. They might add that because of a number of factors, including those amendments, there are now only about 300 operative words in the Constitution, and that most litigation has centered about the meaning of a dozen or so terms: "due process," "cruel and unusual punishment," "commerce," "free exercise," "commander- in-chief," …
An Agnostic's Bible Contract And Related Obligation: Theory, Doctrine, And Practice, 3d Edition By Robert S. Summers And Robert A. Hillman, Sidney W. Delong
An Agnostic's Bible Contract And Related Obligation: Theory, Doctrine, And Practice, 3d Edition By Robert S. Summers And Robert A. Hillman, Sidney W. Delong
Seattle University Law Review
A casebook's warranties appear in its preface. In their Preface to the First Edition, the authors of Contract and Related Obligation (CRO) undertook to do the following: (1) acquaint the student with the lawyer's role in contractual relations; (2) stress the “private-made” character of much of what we call law; (3) expose students to many different theories about contract; (4) renew the waning practice of “dialectical” teaching by using largely unedited principal cases, and by eschewing summaries and textual notes; (5) reveal the many extra-legal sources of law, including moral, political, and economic reasoning; and (6) offer more general insights …
A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson
A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson
Seattle University Law Review
By any measure, Farnsworth & Young's <em>Cases and Materials on Contracts</em> is one of the leading American casebooks on contracts, perhaps the leading casebook. Part I of this Review considers the book's merits as a tool for teaching contract doctrine. In this respect the book excels. Part II considers it as a tool for introducing students to broader perspectives on contract law. In this respect the book's success is somewhat less complete.
Reflections On Barnett's Contracts, Cases And Doctrine, Michael B. Kelly
Reflections On Barnett's Contracts, Cases And Doctrine, Michael B. Kelly
Seattle University Law Review
Randy Barnett's Contracts, Cases and Doctrine presents a relatively straightforward set of teaching materials, aptly chosen for modern teaching techniques. Careful exposition of fundamentals permits professors to use class time more productively. The concentration on fundamentals also frees the professor to choose the specific elaborations she finds most valuable for the class or the material.
Preface: Law In (Case)Books, Law (School) In Action: The Case For Casebook Reviews, Janet Ainsworth
Preface: Law In (Case)Books, Law (School) In Action: The Case For Casebook Reviews, Janet Ainsworth
Seattle University Law Review
In the aggregate, these casebook reviews demonstrate the significance of the casebook, with its strengths and weaknesses, not just in shaping the temporary experience of students and teachers in the law school classroom but more profoundly for the longer-term development of the legal profession. Because casebooks still maintain the center of gravity in legal education, they serve as the vehicle through which each succeeding generation of lawyers is socialized into patterns of thinking about law and legal practice. Ironically, any single popular casebook probably has a more direct and profound influence on the legal culture than all of the other …
A Clinical Textbook?, John B. Mitchell
A Clinical Textbook?, John B. Mitchell
Seattle University Law Review
A clinical perspective (i.e., centered on practicing attorneys and clients) should be embedded throughout the law school curriculum. Do you need a clinical textbook to impart this clinical perspective? No. There are a number of other alternatives. Many professors are creating their own problems and exercises. Also, standard texts have increasingly begun to include problems and exercises which you can use. And there are companion or supplementary materials--casefiles, exercises, and even novels which professors can assign to add a lawyering perspective to a doctrinal course.
Teaching Electronically: The Chicago-Kent Experiment, Richard Warner
Teaching Electronically: The Chicago-Kent Experiment, Richard Warner
Seattle University Law Review
Certain basic goals are widely shared, relatively uncontroversial, and sufficiently important that it makes sense to ask whether computer technology can improve our ability to achieve those goals. Consider the following four goals. This Review will focus primarily on the second goal (understanding the rationales behind the rules). Of course, to improve students' abilities to achieve this goal may also improve their abilities to achieve the first goal (knowledge of black letter rules) as a knowledge of a rule is obviously a precondition of understanding its purpose. Improving students' abilities to understand the rationale behind a rule may also improve …
Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy
Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy
Seattle University Law Review
In discussing the choice of Barnett's casebook, this Review focuses on two central pedagogical goals, and describe how Barnett's casebook has either helped or hindered the reviewer's ability to accomplish those goals. Those goals are to actively assist students in (1) learning basic (accepted) contract doctrines and methods of analyzing contract issues; and (2) developing a critical stance toward law in general, and contract law in particular.
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Seattle University Law Review
Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …
How We Teach: A Survey Of Teaching Techniques In American Law Schools, Steven I. Friedland
How We Teach: A Survey Of Teaching Techniques In American Law Schools, Steven I. Friedland
Seattle University Law Review
A person's law school teaching is predicated on or supported by one or more learning theories, therefore, Part II of this Article discusses cognitive and developmental learning theories and how they relate to law school teaching methods. Part III explains the teaching survey that was sent to the law schools, including the questionnaire used and the type of respondents who answered. Part IV of the Article reproduces the questionnaire results. Part V analyzes those results. This Article concludes that teaching methods should be consciously related to the learning process. Only by focusing on how students learn can a teacher truly …
Zen And The Art Of Becoming (And Being) A Lawyer, John Nivala
Zen And The Art Of Becoming (And Being) A Lawyer, John Nivala
Seattle University Law Review
In this essay, the author discusses how law schools should be taught using the Pirsig Model. Furthermore, the author discusses how lawyers should use the Pirsig model in practice.
History Of The University Of Puget Sound School Of Law, Anita M. Steele
History Of The University Of Puget Sound School Of Law, Anita M. Steele
Seattle University Law Review
This essay presents the history of the University of Puget Sound School of Law. Founded in 1972, the law school is a relatively young institution, still in its teens. Its gestation period, however, extends back at least sixty years. As long ago as 1912, prominent Tacoma attorneys proposed to found a law school associated with the University of Puget Sound (UPS). In the ensuing years, officials at UPS periodically raised the issue of creating a law school. Various studies were undertaken, but it was not until the late 1960s that a school of law was considered again as seriously as …
Book Review: Law School: Legal Education In America From The 1850s To The 1980s By Robert Stevens, Eric A. Chiappinelli
Book Review: Law School: Legal Education In America From The 1850s To The 1980s By Robert Stevens, Eric A. Chiappinelli
Seattle University Law Review
This Book Review examines Law School: Legal Education in America from the 1850s to the 1980s, by Robert Stevens. The Review explains that the book is a history of American legal education from 1850 through 1945, with a foreshortened treatment of events to 1870 and a prolonged view of the period between 1870 and 1945. Stevens’s work is chronological and details three developments: the hegemony of Harvard and later the American Bar Association and the Association of American Law Schools over educational standards; the role of Harvard in establishing the primacy of the case method of instruction; and the …
Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson
Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson
Seattle University Law Review
This paper will explore some aspects of legal educaton in the context of the Norton Clapp Law Center, a new mid-city law school complex. The innovations in this Center will bring certain educational hazards, many of which are at the center of recent pedagogical discussions about law schools. This paper attempts to identify these hazards and contemplate ways to forestall them. I will not explore these issues as either a lawyer, an economist, a sociological or anthropological analyst. Rather, my observations will be those of a working psychiatric clinician who is a long-time member of a law faculty, and who …
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
Seattle University Law Review
The Washington litigation process places a premium on the skillful management of expert witnesses. Testimony presented by such witnesses is both readily admissible and virtually unlimited in scope. Washington's adoption of the new Rules of Evidence can only serve to reinforce the current practice. Since most litigated cases involve substantial factual disputes, the development and presentation of expert testimony should be a major concern of all trial attorneys. The importance of trial examination has never been underrated. That part of the litigation process is one that all attorneys relish. The skillful management of expert witnesses, however, involves far more than …