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Legal education

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Full-Text Articles in Legal Education

Teaching Talking: Oral Communication Skills In A Law Course, Jane Korn Dec 2004

Teaching Talking: Oral Communication Skills In A Law Course, Jane Korn

Journal of Legal Education

No abstract provided.


A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii Oct 2004

A Brief Exploration Of Space: Some Observations On Law School Architecture, Robert H. Jerry Ii

UF Law Faculty Publications

The nature of the space in which we work, teach, and study is important. The design of our surroundings affects our attitudes, moods, self-esteem, efficiency, and sense of community. For our students, space makes a difference in the quality of the learning experience. It is possible to teach and learn in deficient space, but it is easier to teach and learn when both faculty and students are comfortable, happy, and not distracted by the inconveniences and annoyances of a poorly designed environment. Inadequate space prevents us from achieving all of which we are capable, thereby diminishing our productivity, creativity, and …


Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo Jul 2004

Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo

Faculty Publications

In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to siphon off the emotional and cultural content because of the enduring belief that the law is neutral and impartial. Accordingly, cultural conflicts are deemed irrelevant to legal analysis because laws are unbiased and culture-blind. This detached outlook has been termed perpectivelessness to denote a neutral, odorless, colorless non-perspective.

This essay …


From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling Jul 2004

From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling

Faculty Works

The story of women in American society has largely been defined and recorded by men and the institutions that men have dominated for most of the past two hundred-odd years. Women have been denied access to education, employment, political power and other benefits of social intercourse by exclusion, intimidation, ridicule and patronization. The experience of women in law school is one part of that experience. Law school is an arduous undertaking whether one is male or female. Gaining admission to modern law schools requires talent and demonstrated academic performance in a competitive environment. But in the nineteenth century, the foremost …


Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson Jun 2004

Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson

Journal of Legal Education

No abstract provided.


Thinking Like A Deal Lawyer, Tina L. Stark Jun 2004

Thinking Like A Deal Lawyer, Tina L. Stark

Journal of Legal Education

No abstract provided.


In The Tout Court Of Shakespeare: Interdisciplinary Pedagogy In Law, Desmond Manderson Jun 2004

In The Tout Court Of Shakespeare: Interdisciplinary Pedagogy In Law, Desmond Manderson

Journal of Legal Education

No abstract provided.


Globalizing Property: Incorporating Comparative And International Law Into First-Year Property Classes, M C. Mirow Jun 2004

Globalizing Property: Incorporating Comparative And International Law Into First-Year Property Classes, M C. Mirow

Journal of Legal Education

No abstract provided.


A Goode Judge Is Hard To Find: An Essay On Legal Realism And Law School Casebooks, Thomas Hayes Jun 2004

A Goode Judge Is Hard To Find: An Essay On Legal Realism And Law School Casebooks, Thomas Hayes

Journal of Legal Education

No abstract provided.


Should Law Professors Teach Public Choice Theory?, Guido Pincione Jun 2004

Should Law Professors Teach Public Choice Theory?, Guido Pincione

Chicago-Kent Law Review

This Article argues that various philosophically interesting objections to the use of public choice theory in legal education are misguided. Some writers hold that public choice theory, being descriptive, cannot help law students develop the interpretive skills needed by judges and lawyers. I reply that this objection rests on the false assumption that public choice theory lacks resources to accommodate rule following. Others object that public choice theory fosters cynicism and uncooperative attitudes. This rests on an unduly restrictive conception of the theory of rationality presupposed by public choice analysis. The public-choice focus on efficiency has also been disputed. In …


Designating The Dean Of Law: Legal Education At Mcgill University And The Montreal Corporate And Professional Elite, 1946-1950., A J. Hobbins Apr 2004

Designating The Dean Of Law: Legal Education At Mcgill University And The Montreal Corporate And Professional Elite, 1946-1950., A J. Hobbins

Dalhousie Law Journal

The nature of legal education has been the subject of an ongoing debate in all Canadian jurisdictions. A central theme of this debate for much of the twentieth century was whether legal education should be restricted to training for the local Bar as opposed to studying law as an academic discipline in addition to such professional training A decanal vacancy at McGill University brought this question to the fore in 1946 when the anglophone members of the Montreal Bar exerted a great deal of influence on the selection process. The matter was complicated by the opposition of the corporate elite …


Canadian Graduate Legal Education: Past, Present And Future, Sanjeev S. Anand Apr 2004

Canadian Graduate Legal Education: Past, Present And Future, Sanjeev S. Anand

Dalhousie Law Journal

Canadian graduate legal education has seldom been the subject of scholarly inquiry This article seeks to fill the vacuum by describing and evaluating various features associated with master s and doctoral programs offered by the nation s /ao schools. A number of criteria are used in this analysis, some of which have been garnered from the broader literature on higher education The article concludes with a series of specific programmatic and policy reform proposals aimed at strengthening the state of graduate legal education in this country


The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka Apr 2004

The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka

All Faculty Scholarship

In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally.

In order for Japan's new Jaw schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …


The Pervasiveness Of Culture In Conflict, Pat K. Chew Mar 2004

The Pervasiveness Of Culture In Conflict, Pat K. Chew

Journal of Legal Education

No abstract provided.


Dispute Resolution: Raising The Bar And Enlarging The Canon, Carrie Menkel-Meadow Mar 2004

Dispute Resolution: Raising The Bar And Enlarging The Canon, Carrie Menkel-Meadow

Journal of Legal Education

No abstract provided.


Insights From Cognitive Psychology, Chris Guthrie Mar 2004

Insights From Cognitive Psychology, Chris Guthrie

Journal of Legal Education

No abstract provided.


Adr Ethics, Scott R. Peppet Mar 2004

Adr Ethics, Scott R. Peppet

Journal of Legal Education

No abstract provided.


Insights From Economics, Jennifer Gerarda Brown Mar 2004

Insights From Economics, Jennifer Gerarda Brown

Journal of Legal Education

No abstract provided.


The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner Mar 2004

The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner

All Faculty Scholarship

  • a. The Rule of Law is at the heart of the present legal reform.
  • b. There is an international consensus about basic elements of the Rule of Law.
  • c. Legal methods are central to the Rule of Law. But different legal methods are used to realize the Rule of Law.
  • d. Teaching legal methods, i.e., teaching to think like a lawyer, is at the heart of that which is professional in legal education.
  • e. The present legal reform invites Japanese law schools to teach legal methods.


Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin Mar 2004

Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin

UF Law Faculty Publications

This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.


Law School Education In The 21st Century: Adding Information Technology Instruction To The Curriculum, Kenneth J. Hirsh, Wayne Miller Jan 2004

Law School Education In The 21st Century: Adding Information Technology Instruction To The Curriculum, Kenneth J. Hirsh, Wayne Miller

Faculty Articles and Other Publications

For the past 120 years, legal education in the United States has been fundamentally unchanged, even while the practice of law has been revolutionized by information technology. The ideal of the Socratic Method is still dominant in first year and many upperclass courses. Clinical and practice courses have expanded since the early-1980s; however, although state-of-the-art technology is now commonplace in law offices, most federal courthouses, and some state courtrooms, until now, there has been little effort to contextualize the importance of technology for law students. The authors review the availability of courses covering use of technology in law practice at …


Teaching Ethics/Doing Justice, Anthony V. Alfieri Jan 2004

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Articles

No abstract provided.


Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks Jan 2004

Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks

Maryland Law Review

No abstract provided.


Damages: Using A Case Study To Teach Law, Dispute Resolution, And Lawyering , Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin Jan 2004

Damages: Using A Case Study To Teach Law, Dispute Resolution, And Lawyering , Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin

Faculty Publications

Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based on his …


Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin Jan 2004

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

UF Law Faculty Publications

This essay is based primarily on materials the author developed for courses taught at the University of Missouri-Columbia, School of Law, in the winter 2002 and 2003 semesters, based on Barry Werth's book, "Damages."


Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Leonard L. Riskin Jan 2004

Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Leonard L. Riskin

UF Law Faculty Publications

Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based on …


The C Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy Jan 2004

The C Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy

St. Thomas Law Review

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 …


On Collegiality, Michael L. Seigel Jan 2004

On Collegiality, Michael L. Seigel

UF Law Faculty Publications

The problem of collegiality in academia is like a crazy aunt in the family: ever present, whispered about in hallways, but rarely acknowledged directly. My goal in this article has been to initiate the demise of this pattern of unhappy toleration. The toleration stems, in large part, from an apparently widespread fear that attempts to control colleagues' uncollegial conduct will result in an unacceptable diminution of academic freedom. Although these concerns are legitimate, I have sought to prove that, if appropriate care is taken, academic freedom may flourish at the same time that a norm of basic collegiality is enforced. …


Providing A Framework For Learning, Mary L. Heen Jan 2004

Providing A Framework For Learning, Mary L. Heen

Law Faculty Publications

This new book on teaching law draws upon the wisdom of hundreds of legal educators to provide ideas, materials, and alternatives for teaching a variety of law school courses. The book offers guidance for new and experienced law teachers to plan and deliver effective courses. From Business Associations to Family Law, Federal Income Taxation to Torts, each chapter addresses one of the fifteen courses most students take during their legal education.

Each chapter has five sections: (1) Approach, encompassing global issues about a course, such as goals, organizational scheme, general philosophy, syllabi, and coverage; (2) Materials, evaluating what kinds of …


Book Review Of Mark E. Wojcik, Illinois Legal Research (2003), Jennifer Locke Davitt Jan 2004

Book Review Of Mark E. Wojcik, Illinois Legal Research (2003), Jennifer Locke Davitt

Georgetown Law Faculty Publications and Other Works

Designed as a "teaching tool rather than a bibliographic compilation of state legal research sources" (p.xviii), "Illinois Legal Research" provides practical instruction primarily to law students. It can also serve as a ready reference tool for practitioners and others interested in researching laws specific to Illinois.

Mark Wojcik, associate professor of law at the John Marshall Law School in Chicago, begins with a quick review of basic legal research methods and gives tips for developing effective and efficient research skills. He transitions into in-depth explanations of Illinois law, covering topics such as constitutions, judicial decisions, statutes and ordinances, administrative law, …