Legal Education Commons^™

Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Equity, & Inclusion In The Legal Profession, 2022 Utah L. Rev. 813 (2022), Phyllis Taite, Nicola "Nicky" Boothe

UIC Law Open Access Faculty Scholarship

No abstract provided.

In Celebration Of Dissents (And Lengthy Textbooks): How Digital Became Different For The Fourth Amendment And Why It Is Time For A Real Warrant Default, Stephen E. Henderson

Faculty Articles

The last decade has brought tremendous change to the Fourth Amendment, finally resulting in a ‘digital is different’ norm. We stand at an inflection point between a monolithic, analog past and a murky future of yet-unarticulated constitutional digital policing rules. It is a good time, then, to reflect upon how we came to be here and where we ought to go. This Essay first looks back to a monumental, majestic dissent: that of Justice Louis Brandeis in the 1928 decision of Olmstead v. United States. Every American, and especially every law student, ought to know that opinion, and judges …

Beyond The Narrow Harvard Model Of Legal Education: Restoring Legal Education According To The Proposals Of Valentin Tomberg, Brian Mccall

Faculty Articles

Professor Mark Jones has argued that legal education needs to be “reliberalized” by returning to a state in which “all law students receive a basic minimum exposure to the general subject areas of legal history, jurisprudence, and comparative law, as well as to the general subject areas of international/trans-national/global legal studies . . . .” Jones’s call to restore the cultural dimensions has recently received an additional source of strength. The recent publication of an English translation of Dr. Valentin Tomberg’s doctoral dissertation for the first time, under the title The Art of the Good: The Regeneration of Fallen Jurisprudence, …

Addressing Asian (In)Visiblity In The Academy, Shruti Rana, Cyra Akila Choudhury

Faculty Publications

To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term "Asian American" itself, as "'Asian' and 'American' have historically been posed as antithetical" identities in U.S. history and jurisprudence. On one side is a representation of unassimilable perpetual foreignness with Asian bodies targeted for violence and unequal protection of the law often justified by their perceived threat to national security. On the other is the lure of assimilation, where the model minority myth offers a purported path into acceptance …

New Media Rights' Internet & Media Law Clinic: California Western School Of Law, Art Neill

Faculty Scholarship

This article looks at the critical need for legal services addressing new media rights and the types of cases that benefit from the New Media Rights’ Internet & Media Law Clinic at California Western School of Law (New Media Rights) in San Diego.

This article will discuss New Media Rights in four parts: 1. Why do we have IP, arts, and technology clinics like New Media Rights? 2. What is New Media Rights, and how do we benefit the students and the community? 3. What is the structure and pedagogy of the clinic? 4. What are our hopes looking forward?

January 2022 Newsletter

Ergo

No abstract provided.

Frederick Douglass And The Hidden Power Of Recording Deeds, Randall K. Johnson

Faculty Works

This Essay answers a single question: What led Frederick Douglass to accept an appointment as the D.C. Recorder of Deeds, especially at the height of his public service career? A possible answer, which is informed by the historical record and more contemporary accounts, is that Douglass accepted such an appointment for three reasons. The first reason is that the D.C. Recorder has been long recognized as an exemplar of fairness, perhaps due to its ministerial obligations, even when there could be no such expectation with respect to how Black folks are treated. The second reason is this office provided Douglass …

The Powerpoint Channel, Lynn M. Lopucki, William C. Whitford

UF Law Faculty Publications

This Article is the first to present a comprehensive theory and style for using PowerPoint to teach law. The theory is that presentation software adds a channel of communication that enables the use of images in combination with words. Studies have shown that combination to substantially enhance learning. The style is based on an extensive literature regarding the use of PowerPoint in teaching law and other higher education subjects as well as the author’s experimentation with PowerPoint over two decades. The Article states fourteen principles for slide or slide sequence design, provides the arguments from the literature for and against …

Let’S Talk About Grading, Maybe: Using Transparency About The Grading Process To Aid In Student Learning, Deshun Harris

Seattle University Law Review

Talking about grades and grading in law school can feel as taboo, if not more, than talking about sex. Among law faculty, there is often no training and no discussions about how to grade other than being asked to moderate final grades to meet a curve. Students often seek information from each other or online sources where numerous blogs provide them with advice on how to talk to professors about grades, how not to disclose grades to others, and other advice about dealing with grades. What is not as forthcoming for many students is how exactly their professors evaluate their …

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.