Legal Education Commons^™

Trailblazing And Living A Purposeful Life In The Law: A Dakota Woman's Reflections As A Law Professor, Angelique Eaglewoman

Faculty Scholarship

This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of color are faculty members in every law school in the United States, the research, analysis, and recommendations tailored to the experience of women of color law faculty should be a priority topic in those same law schools. As …

Assistance In Dying: A Comparative Look At Legal Definitions, Jocelyn Downie, Mona Gupta, Stefano Cavalli, Samuel Blouin

Articles, Book Chapters, & Popular Press

Euthanasia, assisted suicide, medical assistance in dying, death with dignity: these and many other different terms are used around the world to capture various types of assistance in dying. This diversity in terminology can create confusion both in academic debates and in policy-making if it is unclear what type of action or inaction is intended to be captured, by whom, and under what circumstances. By defining and contrasting several terms and legal status of assistance in dying in jurisdictions authorizing it, this comparative glossary aims to lay a foundation that prevents linguistic and conceptual confusion.

Feedback Loops: Keep/Cut, Patrick Barry

Articles

In the first of installment of this new column on feedback in the September Illinois Bar Journal, we began to address the pernicious problem of vague feedback—that unhelpful, empty-calories form of (non) guidance that deprives people of learning what they’re currently doing well and what they need to ix. Without concrete, explicit guidance, it can be really tough to grow and improve.

The Impact Of The Covid-19 Pandemic On First-Generation Women Test-Takers: Magnifying Adversities, Stress, And Consequences For Bar Exam Performance., Freiburger Erin, Victor D. Quintanilla, Kurt Hugenberg, Sam Erman, Nedim Yel, Anita Kim, Mary C. Murphy

Articles

By magnifying gender- and socioeconomic status-based inequalities, the COVID-19 pandemic caused stress and disrupted career progress for professional students. The present work investigated the impact of pandemic-related stress and prevailing barriers on structurally disadvantaged women preparing for a high-stakes professional exam. In Study 1, we found that among US law students preparing for the October 2020 California Bar Exam—the professional exam that enables one to become a practicing attorney in California—first-generation women reported the greatest stress from pandemic-related burdens and underperformed on the exam relative to others overall, and particularly compared to continuing-generation women. This underperformance was explained by pandemic-related …

Teaching About Justice By Teaching With Justice: Global Perspectives On Clinical Legal Education And Rebellious Lawyering, Catherine F. Klein, Richard Roe

Scholarly Articles

Teaching About Justice by Teaching with Justice: Global Perspectives on Clinical Education and Rebellious Lawyering is co-authored by cadre of clinicians from around the world: Catherine F. Klein, Richard Roe, Mizanur Rahman, Dipika Jain, Abhayraj Naik, Natalia Martinuzzi Castilho, Taysa Schiocchet, Sunday Kenechukwu Agwu, Olinda Moyd, Bianca Sukrow, and Christoph König. The piece captures and reflects the content of five presentations at the 2021 Global Alliance for Justice Education (GAJE) biannual gathering, conducted virtually due to the pandemic, with over 450 participants from 45 countries. The piece illuminates many themes and issues in the teaching and practice of transformational justice …

Modular Legal Learning: Revitalizing The Law Classroom, David Sandomierski, Stephanie Ben-Ishai

Articles & Book Chapters

The targeted and strategic use of asynchronous learning materials can free up important space for classroom teaching, and can unlock the spirit of experimentation, innovation, and engagement that animates in-person learning. This article sets out five principles that should guide future efforts to integrate asynchronous modules into legal education. Modules should be designed to supplement, not substitute, the live classroom; they should deliver content but also stimulate reflection, critique, and contextualization; they should be varied with respect to their subject matter; theoretical underpinnings, and pedagogical approach; professors should be able to easily customize their selections; and they should encourage collaboration …

Making Space For Online Research Experiments In Law School Courses, Hilary Evans Cameron, Sean Rehaag

Articles & Book Chapters

This reflective article explores opportunities for integrating online research experiments into large law school courses. It does so by drawing on the experience of the authors with an online research experiment involving simulated refugee adjudication undertaken with the full cohort of 1L students in a Canadian faculty of law. The article describes the context for the research, sets out the lessons that the authors learned about conducting experimental research, and describes the positive feedback provided by student participants. The article concludes with a recommendation by the authors that other legal scholars consider integrating research experiments into law school courses, both …

Dedication To Ronald B. Lansing, 1932–2021

Lewis & Clark Law Review

No abstract provided.

Cocurricular Learning In Management Education: Lessons From Legal Education’S Use Of Student-Edited Journals, Matthew I. Hall, Matt Theeke

Scholarly Works

In this essay, we draw on insights from U.S. legal education’s century-long experiment using student-edited journals as a cocurricular learning tool, to develop the argument that management education should consider introducing a new category of student-edited, practitioner-oriented journals. Student-edited journals are potentially well-suited for management education because they encourage students to learn professionally relevant skills and to develop a greater understanding of research and its role in professional education. Enlisting students to help edit practitioner journals could also benefit business professionals by increasing the availability of practitioner-oriented research. In doing so, management education can use this cocurricular learning activity to …

The Need For Social Support From Law Schools During The Era Of Social Distancing, Michele Okoh, Inès Ndonko Nnoko

Faculty Scholarship

Law students have been faced with unparalleled stress during the syndemic. They must cope with being students during the COVID-19 pandemic but also must deal with stress related to social and political unrest. This essay recommends that law schools apply social support theory in developing interventions to effectively address the needs of law students now and in the future.

Social support theory focuses on the value and benefits one receives from positive interpersonal relationships. These positive relationships impact both mental and physical health and promote beneficial short and long-term overall health. However, not all supports are the same, and social …

Forensic Science In Legal Education, Brandon L. Garrett, Glinda S. Cooper, Quinn Beckham

Faculty Scholarship

In criminal cases, forensic science reports and expert testimony play an increasingly important role in adjudication. More states now follow a federal reliability standard, following Daubert v. Merrell Dow Pharmaceuticals and Rule 702, which calls upon judges to assess the reliability and validity of such scientific evidence. Little is known about what education law schools provide regarding forensic and scientific evidence or what types of specialized training they receive on scientific methods or evidence. Whether law schools have added forensic science courses to their curricula in recent years was not known. To better understand the answers to those questions, in …

Feminist Legal History And Legal Pedagogy, Paula A. Monopoli

Faculty Scholarship

Women are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications …

Exploring Race And Racism In The Law School Curriculum: An Administrator's View On Adopting An Antiracist Curriculum, Amy Gaudion

Faculty Scholarly Works

This article provides a candid assessment of the demanding, and rewarding, work that is required to put into action the written words of institutional support for implementing an Antiracist curriculum. This article starts by describing the two Penn State Dickinson Law faculty resolutions that committed the faculty to condemn racism and bias against our Black and Brown brothers and sisters, while committing to teach and learn according to Antiracist pedagogy and best practices. It then describes the resolve to become Antiracist teachers, discusses the investments in curricular policy and reform, and details the bureaucratic processes to accomplish the following: adding …

The Rise Of The Decanal Collective Voice, Danielle M. Conway

Faculty Books

The United States is a nation of laws, and its Constitution and the rule of law have allowed it to confront and successfully navigate many threats to democracy throughout the nation’s complex history, including a Civil War. All of these threats challenged the nation in various ways, but never has there been a challenge to the truth of our elections like what happened on January 6, 2021.

The Insurrection represents a turning point in America’s history. In addition to the unprecedented assault on the U.S. Capitol, members of the government sought to undermine an election and supported an attack on …

A Black Woman Law Dean Speaks About The Precarity Of Leadership, Danielle M. Conway

Faculty Scholarly Works

No abstract provided.

From Langdell To Lab: The Opportunities And Challenges Of Experiential Learning In The First Semester, Steven K. Homer

Mitchell Hamline Law Review

No abstract provided.

The Other Bar Hurdle: An Examination Of The Character And Fitness Requirement For Bar Admission, David L. Hudson Jr., Andrea Gemignani

Mitchell Hamline Law Review

No abstract provided.

Storytelling And Truth-Telling: Personal Reflections On The Native American Experience In Law Schools, Angelique Eaglewoman, Dominic J. Terry, Lani Petrulo, Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice

Mitchell Hamline Law Review

No abstract provided.

How To Be Biased In The Classroom: Kwayeskastasowin - Setting Things Right?, Jaime M.N. Lavallee

Mitchell Hamline Law Review

No abstract provided.

Some Reflections Of A Métis Law Student And Assistant Professor On Indigenous Legal Education In Canada, Scott Franks

Mitchell Hamline Law Review

No abstract provided.

Square Pegs And Round Holes: Differentiated Instruction And The Law Classroom, Karen J. Sneddon

Mitchell Hamline Law Review

No abstract provided.

Legal Uncertainties: Covid-19, Distance Learning, Bar Exams, And The Future Of U.S. Legal Education, Christine Corcos

Journal Articles

The COVID-19 pandemic forced the U.S. legal academy and legal profession to make changes to legal education and training very rapidly in order to accommodate the needs of students, graduates, practitioners, clients, and the public. Like most of the public, members of the profession assumed that most, if not all, of the changes would be temporary, and life would return to a pre-pandemic normal.

These assumed temporary changes included a rapid and massive shift to online teaching for legal education, to online administration of the bar exam in some jurisdictions, or the option to offer the diploma privilege in others. …

Reflections On A Crit Clinic, Elizabeth L. Macdowell, Nina L. Terzian

Scholarly Works

No abstract provided.

In Memoriam Professor Emeritus Egon Guttman, Claudio Grossman, Walter A. Effross, David V. Snyder

American University Law Review

This Issue of the American University Law Review is dedicated to the memory of Egon Guttman, longtime professor at American University Washington College of Law and an esteemed member of the American University Law Review’s Faculty Advisory Committee.

An Apple A Day Keeps Educational Malpractice Lawsuits At Bay: Applying Principles Of Medical Malpractice's "Locality Rule" To Deconstruct The Academic Abstention Doctrine, Madeline Bergstrom

American University Law Review

Education serves as one of the most impactful and purposeful tools in American society. However, the United States education system suffers from many shortcomings and failures, and as a result, may occasionally lead to student harm from the actions of educators or academic institutions. These claims commonly allege that educators and academic institutions engaged in negligent behavior, and students or parents bringing these claims are often looking for legal relief through the judicial system. These claims are typically labeled as educational malpractice, and historically, courts have almost uniformly rejected these claims as non-cognizable actions.

This Comment argues that this judicial …

Honoring Lutie A. Lytle And John Mercer Langston With Our Words, Carliss Chatman

Washington and Lee Law Review

The recent attacks on critical race theory make one fact very clear: the lack of Black voices in public discourse creates distortion and exploitation. This inaugural Black Scholars Book, the first of its kind published annually, is not about defining or justifying critical race theory—as some scholars in this book would not deem themselves to be critical race theorists. Instead, it is about righting the wrongs that enable the weaponization of scholarship by and about Black people. The goal of the W&L Law Review is to hold space for scholarship of historically marginalized and silenced voices. This inaugural book contains …

Introduction: Family Court Review Special Issue Dynamic Pedagogy In The Family And Juvenile Law Classroom: Experiential And In-Class Exercises, Meredith Johnson Harbach

Law Faculty Publications

Over the last number of years, the legal academy has placed increasing emphasis on the need to diversify teaching methods, and in particular, has focused on expanding in-class, experiential teaching methods. Educational research confirms that learning experientially has multiple benefits for adult learners, including better retention of material, the ability to explore a more diverse range of representation contexts, the development and use of a broader range of analytical skills, and an emphasis professional collaboration and growth.1Consistent with this evolution of the scholarship on teaching and learning in law school, ABA Standard 303(a)(3) requires all students to complete“ one or …

Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Phyllis C. Taite, Nicola Boothe

Faculty Articles

No abstract provided.

Reflective Journal: Curricular Deficits, Pedagogical Challenges And Constructing Community In A Non- Traditional Law School Class, Rita A. Sethi

Roger Williams University Law Review

No abstract provided.

Helping Self-Represented Litigants Isn’T Charity Work, It’S A Professional Obligation, Suzanne Harrington-Steppen, Eliza Vorenberg

Law Faculty Scholarship

No abstract provided.