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2018

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Articles 331 - 360 of 435

Full-Text Articles in Legal Education

Legal Education En Español: A Pedagogical Model, Jayesh Rathod Jan 2018

Legal Education En Español: A Pedagogical Model, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Law schools in the United States are pursuing various strategies to prepare their graduates to compete in a global marketplace for jobs. One such strategy is the development of courses and programs designed to equip law graduates with the knowledge and skills needed to serve as effective bilingual advocates. As part of this effort, in recent years, teachers and scholars have engaged in curricular experimentation and ongoing theorizing about the optimal methods and approaches for bilingual legal education. This essay builds upon existing theoretical work and outlines a unique, bilingual instructional model that involves adding an optional credit hour – …


Who Speaks For The Paralegal Studies Student? - An Educator’S Perspective When Teaching Forensic Science To The Legal Studies Student, Marissa Moran Jan 2018

Who Speaks For The Paralegal Studies Student? - An Educator’S Perspective When Teaching Forensic Science To The Legal Studies Student, Marissa Moran

Publications and Research

No abstract provided.


Think M, University Of Michigan Law School Jan 2018

Think M, University Of Michigan Law School

Miscellaneous Law School History & Publications

Our students converge on Ann Arbor from across the nation and around the globe. The real magic at Michigan Law is how extraordinary individuals form a community. The intimacy and energy of the Law School leads them to find new friends in their classmates - a development that few expect, and that few law schools offer. At Michigan Law, students and faculty create an intellectually stimulating and close-knit community whose norms are rooted in respect and professionalism. Chalk it up to the vibrancy of Ann Arbor, the spirit of a football Saturday, or the ambiance of the Law Quad: Michigan …


Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman Jan 2018

Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman

Publications and Research

Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …


Uk Law Notes, 2018, University Of Kentucky College Of Law Jan 2018

Uk Law Notes, 2018, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Framing Failure In The Legal Classroom: Techniques For Encouraging Growth And Resilience, Kaci Bishop Jan 2018

Framing Failure In The Legal Classroom: Techniques For Encouraging Growth And Resilience, Kaci Bishop

Working Papers

This Article argues that law schools should endeavor to help students maximize their learning and their potential as attorneys by helping them accept and learn from failure.


The Innocence Movement And Misdemeanors, Jenny M. Roberts Jan 2018

The Innocence Movement And Misdemeanors, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

In recent years, the Innocent Movement has begun to focus its attention on wrongful misdemeanor convictions as a systemic problem. This Article analyzes eighty-five documented misdemeanor exonerations and concludes that innocence has been demonstrated primarily in two ways: laboratory tests of alleged unlawful drugs that reveal “no controlled substance” despite the individual having pled guilty to misdemeanor drug possession; and police body camera or citizen videos that surface after a misdemeanor conviction to contradict the factual basis for that conviction. Strategic use of these relatively definitive methods of revealing wrongful misdemeanor convictions can call attention to the flaws in misdemeanor …


International Legal Education And Specialist Certification, Diane Penneys Edelman, Marissa Moran, Richard Peltz-Steele Jan 2018

International Legal Education And Specialist Certification, Diane Penneys Edelman, Marissa Moran, Richard Peltz-Steele

Faculty Scholarship

No abstract provided.


Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod Jan 2018

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod

Faculty Articles

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested, the rights cannot be taken away or retrospectively altered. Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …


Self-Knowledge For Lawyers: What It Is And Why It Matters, Thomas Morawetz Jan 2018

Self-Knowledge For Lawyers: What It Is And Why It Matters, Thomas Morawetz

Faculty Articles and Papers

Anyone who has taught in law schools for three decades or more has witnessed a paradigm shift in legal education. From the 1960s through the 1980s, it was common to ask how law school differs from the kind of practical training that might be acquired in, say, apprenticeship to a practitioner. A frequent answer was to compare law schools with graduate schools in arts and sciences and to argue that the law students were taught similar skills of reasoning, normative evaluation, cultural contextualization, and self-examination. For the most part it was taken for granted that academic scholars aspired to these …


Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff Jan 2018

Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff

Indiana Law Journal

This Note examines overproduction and underemployment problems facing the academic market and PhD graduates9 from a legal perspective. Part I will briefly review key legal takeaways from several distinctive cases that law school graduates brought against their almae matres regarding poor employability. Part II then describes the particularities of the “PhD problem” and how it compares and contrasts with the problem that J.D. holders recently faced. Finally, Part III will examine what legal remedies disenfranchised PhDs might pursue and whether such remedies could—and should—be sought in the courts.


January 2018 Newsletter Jan 2018

January 2018 Newsletter

Ergo

No abstract provided.


Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda Jan 2018

Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda

Journal Articles

Whether one’s academic supervisor is a White man or woman, or a person of color, the ability to say “no” to our supervisors is critical for one’s professional success and personal wellbeing. Some of us are incessantly asked to take on extra service, extra duties, to relieve someone else because they have “more important things” to do, and “just to do it” because it must be done and because we have that extra strength in our DNA, some seem to think.


What Did They Know And When Did They Know It? Pretesting As A Means Setting A Baseline For Assessing Learning Outcomes, Jeffrey L. Harrison Jan 2018

What Did They Know And When Did They Know It? Pretesting As A Means Setting A Baseline For Assessing Learning Outcomes, Jeffrey L. Harrison

UF Law Faculty Publications

Are legal rules intuitive or, at least, consistent with common sense? In this study, 260 law students at five law schools who had not taken contract law, were presented with eight questions based on specific contracts cases or common contracts issues. They were asked what they felt was the fair or right answer to each question and to formulate the rule they would apply. The purposes of the study were to 1) determine whether contract law is what the untrained person believes it is or should be and 2) experiment with a strategy of pretesting to determine what topics within …


Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha Jan 2018

Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha

Articles

No abstract provided.


Presenting A Critical Perspective On “Economic Efficiency” In Law And Economics Courses, Gregory S. Crespi Jan 2018

Presenting A Critical Perspective On “Economic Efficiency” In Law And Economics Courses, Gregory S. Crespi

SMU Law Review

“Law and Economics” courses are sometimes criticized for inadequately explaining the normative criterion of “economic efficiency” and then applying this criterion throughout the course in a superficial and biased manner that pejoratively labels most governmental market interventions and wealth redistribution measures as inefficient. These criticisms have merit, and in this article I point out a number of conceptual problems, empirical difficulties, and normative shortcomings of the economic efficiency criterion that students need to understand in order to be able to effectively counter policy arguments that rest upon dubious efficiency assessments.

The eight specific shortcomings of the economic efficiency criterion that …


The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles Jan 2018

The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles

Law Faculty Scholarship

No abstract provided.


A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, Andrea A. Curcio Jan 2018

A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, Andrea A. Curcio

Faculty Publications By Year

Law school institutional learning outcomes require measuring nuanced skills that develop over time. Rather than look at achievement just in our own courses, institutional outcome-measures assessment requires collective faculty engagement and critical thinking about our students’ overall acquisition of the skills, knowledge, and qualities that ensure they graduate with the competencies necessary to begin life as professionals. Even for those who believe outcomes assessment is a positive move in legal education, in an era of limited budgets and already over-burdened faculty, the new mandated outcomes assessment process raises cost and workload concerns. This essay addresses those concerns. It describes a …


Remembering Ilene Barshay—Classmate, Colleague And Friend, Joseph B. Rosenberg Jan 2018

Remembering Ilene Barshay—Classmate, Colleague And Friend, Joseph B. Rosenberg

Touro Law Review

No abstract provided.


The Global Diffusion Of U.S. Legal Thought: Changing Influence, National Security, And Legal Education In Crisis, Fernanda Giorgia Nicola Dr. Jan 2018

The Global Diffusion Of U.S. Legal Thought: Changing Influence, National Security, And Legal Education In Crisis, Fernanda Giorgia Nicola Dr.

Contributions to Books

During the twentieth century, the center of production of legal ideas shifted from France to Germany and then to the United States. Here, the dominant legal reasoning framed the law as a phenomenon of social organization that was not confined to a specific legal system. There were both external and internal factors influencing U.S. legal thought which explain this change of wind from continental Europe to the United States. Externally, after World War II the United States garnered influence by positioning itself for political and economic global leadership. Internally, the critique of social purpose functionalism articulated by the legal realists …


Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green Jan 2018

Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green

Faculty Scholarship

Professor Green reflects and comments on his work in developing workplace law programming as a key component of the annual SEALS program.


Planning Your Class To Take Advantage Of Highly Effective Learning Techniques, James Mcgrath Jan 2018

Planning Your Class To Take Advantage Of Highly Effective Learning Techniques, James Mcgrath

Faculty Scholarship

What are the most highly effective learning techniques? Take a moment and consider what you think they are. Write them down if it is convenient. The symposium that is the subject of this law review volume examines the impact of formative assessment. In this article, I will connect formative assessment possibilities with ideas on how to take advantage of some of the proven highly effective learning techniques. The road there is a bit tortuous, but it is my hope that even the most well-informed teacher will find something that they can add to their quiver of techniques to help with …


Assessments All The Way Down, James Mcgrath, Andrew P. Morriss Jan 2018

Assessments All The Way Down, James Mcgrath, Andrew P. Morriss

Faculty Scholarship

The role of assessments is getting attention throughout legal education. A growing acceptance of the Graduate Record Examination (“GRE”) as an alternative to the Law School Aptitude Test (“LSAT”) and its incorporation into the U.S. News & World Report (“USN&WR”) law school rankings opened the door to changes in who is going to law school and how they are recruited. At the other end of students’ journey through legal education, the discussion of recent graduates’ bar exam performance – linked by some to declining LSAT scores of entering students – raised questions about the design of bar exams as well …


Reflections On Us Involvement In The Promotion Of Clinical Legal Education In Europe, Philip Genty Jan 2018

Reflections On Us Involvement In The Promotion Of Clinical Legal Education In Europe, Philip Genty

Faculty Scholarship

What is the influence of the United States on European clinical legal education? The first reaction of many would be that this is not a particularly difficult question to answer. After all, clinical legal education is largely a US invention. Although one can find early examples of clinics in European law schools, the large-scale development of law school clinical education happened in the United States beginning in the 1960s. At present, there are clinical programs in each of the 207 American Bar Association (ABA)-approved US law schools. The Clinical Legal Education Association now lists 1,325 clinical teachers in its membership …


Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry Jan 2018

Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry

Scholarly Articles in Law Reviews & Journals

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …


Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins, Chantal Thomas, Olatunde C.A. Johnson, Elsie Lopez Jan 2018

Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins, Chantal Thomas, Olatunde C.A. Johnson, Elsie Lopez

Faculty Scholarship

Panel moderated by Professor Olatunde Johnson, featuring Professors Monica Bell, Tanya K. Hernández, Solangel Maldonado, and Chantal Thomas. Introduced by Elise Lopez.


Rethinking Digital Repositories And The Future Of Open Access, Margaret Schilt, Karen Shephard, Carol A. Watson Jan 2018

Rethinking Digital Repositories And The Future Of Open Access, Margaret Schilt, Karen Shephard, Carol A. Watson

Scholarly Works

Over the last two years, changes in the legal publishing arena involving digital repository platforms have raised concerns about the future of open access. This article reviews the current status of the various repository platforms and how they impact legal scholarship. The article goes on to analyze the areas that law libraries should focus on in platform selection.


The Sharpest Tool In The Toolbox: Visual Legal Rhetoric, Michael D. Murray Jan 2018

The Sharpest Tool In The Toolbox: Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

Visual briefs and other forms of visual rhetoric in legal communication may eventually become the norm in legal practice because of the enormous communicative and rhetorical power of visual media. I have discussed the uses of visual legal rhetoric and the ensuing ethical and professional considerations elsewhere. Here, I will focus on providing instruction to law students and lawyers regarding proper and effective usage of visual legal rhetoric.


Assessment Of Professional Values In Experiential Education In Law: Becoming Who We Are Through Practice, John Erbes, Rebecca J. O'Neill Jan 2018

Assessment Of Professional Values In Experiential Education In Law: Becoming Who We Are Through Practice, John Erbes, Rebecca J. O'Neill

NYLS Law Review

No abstract provided.


Patent Jobs And The Myth Of The Employment Hypothesis, Kenneth L. Port, Lucas Hjelle, Molly Litman Jan 2018

Patent Jobs And The Myth Of The Employment Hypothesis, Kenneth L. Port, Lucas Hjelle, Molly Litman

Cybaris®

No abstract provided.