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Articles 661 - 690 of 1504
Full-Text Articles in Legal Education
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Faculty Publications
The long-standing and close connection among law, language and the state has traditionally led law schools to provide legal education in a single language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language."' However, the historical model of monolingual legal education may be in jeopardy. For example, …
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Faculty Scholarship
This article explains how, from 1920 to 1960, the role, or persona, of the law professor in the United States remained the situs of considerable rhetorical controversy that the role had been in the fifty years before 1920. On one hand, lawyers used rhetoric to promote a persona, that of a scholar, appropriate for the law professor situated within the university, a context suitable for the professionalization of law. On the other hand, different lawyers like Judge Jerome Frank used rhetoric to critique, often in a scathing manner, the scholar persona and put forth their own persona, that of a …
The Professor And The Judge: Introducing First Year Students To The Law In Context, Michael B. Mushlin, Lisa Margaret Smith
The Professor And The Judge: Introducing First Year Students To The Law In Context, Michael B. Mushlin, Lisa Margaret Smith
Elisabeth Haub School of Law Faculty Publications
For the past five years the authors, one a law professor, and the other a federal judge, have joined forces to teach introductory civil procedure to first semester first year students. Our approach is contrary to the traditional theory of legal instruction which holds that students learn first by a rigid diet of Socratic teaching of the fundamentals of legal analysis without any exposure to the real world or even a simulation of it. The central idea behind our experiment is that at the beginning of law school it is essential to provide a contextual introduction to the work of …
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Articles
No abstract provided.
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Articles
No abstract provided.
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
Faculty Articles
Lawyers in the United States work in public service, private counseling, and dispute resolution, but many also work outside of traditional legal practice. The million-member American bar, second largest in the world, grows more diverse by gender, and ethnicity and older on average. All members of this learned profession must qualify by education or examination and by proof of good character and fitness before taking an oath to serve as an attorney. Thence, there are few limitations on the form of legal practice, though many law firms require an associateship before an attorney becomes an owner of the firm. Economic …
Crowdsourced Coursebooks, Stephen E. Henderson, Joseph Thai
Crowdsourced Coursebooks, Stephen E. Henderson, Joseph Thai
Faculty Articles
Given increasing criticism and dropping admissions, American legal education is likely to change, hopefully reversing the unsustainable trend of increasing expense without increasing value. Much debate focuses on restructuring the curriculum to make it more “practical” and skills-infused; here we instead propose a rethinking of the basic unit of law teaching, the casebook. Casebook authors and publishers are cautiously venturing into electronic editions, but they fail to harness the power of social learning to make textbooks dramatically smarter as well as cheaper. Working with a technology startup, we are developing an online platform that reinvents both authorship and learning. The …
William Mitchell College Of Law's Hybrid Program For J.D. Study: Answering The Call For Innovation, Eric S. Janus, Gregory M. Duhl, Simon Canick
William Mitchell College Of Law's Hybrid Program For J.D. Study: Answering The Call For Innovation, Eric S. Janus, Gregory M. Duhl, Simon Canick
Faculty Scholarship
In January 2015, William Mitchell College of Law will launch the first American Bar Association (ABA)-approved, on-campus/ online J.D. program to further the college's mission: to provide accessible, experiential, rigorous training for tomorrow's lawyers. Known as the hybrid program, it will offer a legal education to talented, hard-working students who cannot access a traditional J.D. program because of location or family or work commitments. In this article, we explain the origins and pedagogical foundations of the program, as well as give an overview of the program.
Balancing Between Two Worlds: A Dakota Woman’S Reflections On Being A Law Professor, Angelique Eaglewoman
Balancing Between Two Worlds: A Dakota Woman’S Reflections On Being A Law Professor, Angelique Eaglewoman
Faculty Scholarship
There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to time immemorial. I feel that I am part of an unfolding history of endurance, strong Native women, and a participant in sustaining our traditional Native ways. On the other hand, there is the non-Indian world, where I often …
Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee
Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee
UF Law Faculty Publications
In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand …
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers
Articles
Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers
Articles
No abstract provided.
Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine
Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Mcleod Heminway, Marcia Narine
Articles
No abstract provided.
Embedding Assessment Principles In Externships, Kelly S. Terry
Embedding Assessment Principles In Externships, Kelly S. Terry
Law Faculty Scholarship
Externships have become an increasingly important component of legal education, as law schools seek to increase experiential learning opportunities for students to gain practice skills prior to entering the profession. As externship courses grow and become an integral part of the law school curriculum, externship teachers should implement best practices for assessing their students' learning, including setting learning outcomes for their courses, selecting assessment tools, gathering and analyzing assessment data, and using assessment data to make course adjustments that will improve student learning. This Article provides a primer on the process of course-level assessment and then explains how to apply …
Emergence On Contract Standards And Its Future Impact On Legal Education, Kingsley Martin
Emergence On Contract Standards And Its Future Impact On Legal Education, Kingsley Martin
St. Thomas Law Review
Let me start with a story. It was almost thirty years ago that I graduated from Harvard Law School and joined my first law firm. I distinctly remember my first assignment, which was to draft a credit agreement. Despite my education, I had no clue how to perform the assignment. I had to do it the same way as everyone else, which was to go around the corridors, bang on some doors, get some examples, sit down and start to read them. I have no doubt that my first few attempts and, in all likelihood, years' worth of drafts, were …
Teaching The Art Of Defending A White Collar Criminal Case, Katrice Bridges Copeland
Teaching The Art Of Defending A White Collar Criminal Case, Katrice Bridges Copeland
Faculty Scholarship
This Article discusses the author's experience with effectively teaching a white collar crime course.
The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks
The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks
Articles, Book Chapters, & Popular Press
In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, Terrill Pollman
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, Terrill Pollman
Scholarly Works
Responding to a changing landscape of law practice, law schools are searching for ways to structure the classroom experience and broader curriculum to promote more efficient and better learning outcomes. Although imitation, modeling, and the use of examples have become pre-eminent features of modern legal education, these pedagogies have remained largely unexamined. This article shows the power of teaching with examples in both the traditional and legal writing classroom, as well as how skillfully to limit the use of such pedagogy for maximum effect. Specifically, this article applies the findings of cognitive load research and composition theory to show that …
Keep Calm And Carry On, René Reich-Graefe
Keep Calm And Carry On, René Reich-Graefe
Faculty Scholarship
This Essay examines some of the hard data available for today’s legal market and develops very basic forecasts and hypotheses about what the future will bring for the U.S. legal profession during the next decades. In conclusion, it projects that recent law school graduates and current and future law students are standing at the threshold of the most robust legal market that ever existed in this country—a legal market which will grow, exist for, and coincide with, their entire professional careers. Using admittedly back-of-the-envelope math based on current trends affecting the legal market (in particular, lawyer retirements, population growth, and …
Legal Education In Crisis, And Why Law Libraries Are Doomed, James G. Milles
Legal Education In Crisis, And Why Law Libraries Are Doomed, James G. Milles
Journal Articles
The dual crises facing legal education - the economic crisis affecting both the job market and the pool of law school applicants, and the crisis of confidence in the ability of law schools and the ABA accreditation process to meet the needs of lawyers or society at large - have undermined the case for not only the autonomy, but the very existence, of law school libraries as we have known them. Legal education in the United States is about to undergo a long-term contraction, and law libraries will be among the first to go. A few law schools may abandon …
What Cornell Veterinary School Taught Me About Legal Education, Tina Stark
What Cornell Veterinary School Taught Me About Legal Education, Tina Stark
Faculty Scholarship
No abstract provided.
Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer
Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer
Faculty Publications
One of the most important contributions a law school can make is to the development of the law through scholarly research. As one of the three pillars of being an academic-the other two being teaching and service-producing legal scholarship in one's respective area of expertise is an enterprise that nearly all law schools would like to support. However, during these challenging times for legal education arising from enrollment declines and the resultant adverse budgetary impacts, fully supporting legal scholarship can be particularly challenging. Having served as Associate Dean for Research I at Washington & Lee University School of Law ("W …
Are Clinics A Magic Bullet?, Deborah J. Cantrell
Are Clinics A Magic Bullet?, Deborah J. Cantrell
Publications
In the current conversation about reforming legal education, one of the constant refrains is that law schools must graduate students who are "practice ready." Commentators go on to argue that for law schools to produce "practice ready" students, they must expand how they offer experiential learning. One potential way to do that is to expand clinical legal education programs. I worry that law schools (and others) are envisioning clinical legal education as a magic bullet that will solve all of the ills and imbalances present in current legal education. In this article, I demonstrate the unhelpfulness of the phrase "practice …
Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini
Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini
Articles
This essay explores the ways that a law school’s unique culture impacts the role of the Associate Dean for Scholarship. Written by the first person to hold this position at Vermont Law School (VLS), this essay focuses specifically on how the Associate Dean for Scholarship supports VLS’s commitment “to developing a generation of leaders who use the power of the law to make a difference in our communities and the world.” This vision of the role, as implemented at VLS, includes: providing support to all faculty, regardless of status; supporting faculty who speak to broad audiences; and embracing a broad …
Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis
Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis
Scholarly Works
I have a confession: I have only watched Season 1 of The Wire, and it has been many years since I did that. Thus, both my knowledge and pedagogical use of the show are limited. What explanation can I offer for my failings? I am a Maryland native with family who resides in Baltimore City, or Charm City as it is affectionately called. I worked for several years as an assistant federal public defender in Baltimore City. Over time, I have seen the city evolve, and I have seen it chew up and spit out many good people and some …
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …
The First Thing We Do, Jorge R. Roig
The First Thing We Do, Jorge R. Roig
Scholarly Works
There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …
Good-Bye Christopher Columbus Langdell?, K.K. Duvivier
Good-Bye Christopher Columbus Langdell?, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The call of this Article was to take "A Prospective Look" at Environmental and Natural Resources Law for the next 40 years with a special focus on law school teaching. Daunted by the hubris involved in prognosticating so far into the future, this piece more modestly explores three areas in which law school teaching is currently changing: I. Methods of Presentation; II. Use of Skills Exercises; and III. Influence of Digital Technologies and the Internet. To add an empirical component, the author canvassed AALS members about pedagogies they used both in class and outside of classroom time, as well as …
Formative Assessment In Law Doctrinal Classes: Rethinking Grade Appeals, Roberto L. Corrada
Formative Assessment In Law Doctrinal Classes: Rethinking Grade Appeals, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
This article describes a practice I began several years ago to encourage students to review their midterm exams and to learn formatively from their exam and their review of it. The practice involves encouraging midterm grade appeals coupled with a high success rate (what I term, "robust" grade appeals). The practice has a number of ancillary benefits, I believe, in addition to the central benefits—getting students to learn more about law, learn from their mistakes and write better exams by meaningfully engaging and critiquing their own work on exams. This article describes and discusses the advantages and disadvantages of such …
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Faculty Publications
This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.