Legal Writing and Research Commons^™

Reframing The Socratic Method, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

While innovations in law teaching are everywhere, these innovations are being constructed upon and limited by the ancient architecture of the case-based Socratic method, which still endures and persists throughout first-year and upper-level courses. This article highlights how the Socratic method limits the depth and breadth of innovations in law teaching and can be reframed to better catalyze other teaching innovations, create more practice-ready lawyers, and cultivate more inclusive and inviting law classrooms. Within the existing framework of law teaching – the same casebooks, class sizes, and teaching style – the case-based Socratic method can be reframed in three straight-forward …

Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher

Journal of Experiential Learning

No abstract provided.

Outcomes In The Balance: The Crisis In Legal Education As Catalyst For Change, Beau Steenken

Law Faculty Popular Media

In this article, the author discusses how changes in the legal education market can force legal research teachers to focus their energies on meaningful assessment.

How To Have An Effective Student Conference, Karin Mika

Law Faculty Articles and Essays

No abstract provided.

Risks, Goals, And Pictographs: Lawyering To The Social Entrepreneur, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

Scholars have argued that transactional lawyers add value by mitigating the potential for post-transaction litigation, reducing transaction costs, acting as reputational intermediaries, and lowering regulatory costs. Effective transactional attorneys understand their clients’ businesses and the industries or contexts in which those businesses operate. Applied to the start-up social enterprise context, understanding the client includes understanding the founders’ values, preferences, and proclivity for risk. The novel transactions and innovative solutions pursued by emerging social entrepreneurs may not lend themselves well to risk avoidance. For example, new corporate forms such as the benefit corporation are untested, yet appeal to many social entrepreneurs …

Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia K. Katyal

Touro Law Review

No abstract provided.

Scholarship With Purpose: The View From A Mission-Driven School, Christine N. Cimini

Touro Law Review

No abstract provided.

The Associate Dean For Research In The Age Of The Internet, B. Jessie Hill

Touro Law Review

No abstract provided.

Supporting And Promoting Scholarly Life In Turbulent Times, A. Benjamin Spencer

Touro Law Review

No abstract provided.

Conveying The Merits Of Print Sources To The Google Generation, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

No abstract provided.

Teaching And Assessing Professional Communication Skills In Law School, Denitsa R. Mavrova Heinrich

Faculty Scholarship

No abstract provided.

Are We There Yet? Aligning The Expectations And Realities Of Gaining Competency In Legal Writing, Sherri Lee Keene

Faculty Scholarship

No abstract provided.

Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

Defining Experiential Legal Education, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

This article offers in Part I the major sources for a possible new definition of experiential learning, and describes the limitations of the definitional elements that we currently have. Part II argues that the definitions we currently have are not only limited but their limitations are being further exposed by the growth and variety in experiential learning opportunities currently being offered in many law schools. Part III offers a new definition for experiential learning in law, together with a series of questions that can be used in applying the definition. Finally, Part IV offers application of the new definition to …

"Teaching" Formation Of Professional Identity, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

This Article is my attempt to provide a guide to what professional identity formation is—as distinct from more familiar concepts of professionalism and ethics—and what legal educators are doing, and could do in the future, to foster this sort of professional formation in their courses and curricula. In Part I, I offer some background and history of the topic, which supports a new definition provided in the Article for lawyer professional identity formation. I describe in Part II what some schools are doing to “teach” formation of professional identity and argue that those efforts have some significant limitations. I argue …

Mind The Gap: Teaching Research As A Fluid, Ever-Present Concept In The First-Year Legal Research And Writing Classroom, 66 Mercer L. Rev. 651 (2015), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

This Article presents a brief summary of the available research on those students who have used computers throughout their entire educational careers, including their strengths, their weaknesses, and how they differ from their instructors-many of whom did not use computers to any significant degree for research during college and law school. This Article asserts that these differences are cultural and argues that, in the interest of better educating and preparing our students to become lifelong learners who are equipped to self-assess their research, law school teachers must adjust their teaching styles to not only teach to these students' strengths and …

Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Angst, Technology, And Innovation In The Classroom: Improving Focus For Students Growing Up In A Digital Age, Karin Mika

Law Faculty Articles and Essays

Many professors in legal education have noticed increased angst in students, who fear that well-paying jobs are scarce. Often, that angst is manifested in the classroom. Some educators blame the phenomenon on the distractions of technology—but more specifically, the author finds that technology has brought all of our stressors to the fore, affecting concentration and the ability to absorb information. This article addresses the extent to which technology has changed the ways that people navigate the world within the span of only a few generations, and how the author continues to adjust her teaching techniques in her technology-oriented classroom in …

Citations, Justifications, And The Troubled State Of Legal Scholarship: An Empirical Study, Jeffrey L. Harrison, Amy R. Mashburn

UF Law Faculty Publications

Recent pedagogical, economic and technological changes require law schools to reevaluate their resource allocations. Although typically viewed in terms of curricular changes, it is important also to focus on the very significant investment in legal scholarship and its impact. Typically this has been determined by some version of citation counting with little regard for what it means to be cited. This Article discusses why this is a deeply flawed measure of impact. Much of that discussion is based on an empirical study the authors conducted. The investigation found that citation by other authors is highly influenced by the rank of …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCAC Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

Disciplining Legal Scholarship, Lynn M. Lopucki

UF Law Faculty Publications

U.S. law schools are hiring large proportions of J.D.-Ph.D.s in tenure-track faculty positions in an effort to increase the quantity and quality of empirical legal scholarship. That effort is failing. The new recruits bring methods and objectives unsuited to law. They produce lower-than-predicted levels of empiricism because they compete on the basis of methodological sophistication, devote time and resources to disputes over arcane issues in statistics and methodology, prefer to collaborate with other Ph.D.s, and intimidate empiricists whose work does not require high levels of methodological sophistication. In short, Ph.D.s impose the cultures of their disciplines on legal scholarship. Importing …

An Incredible Legacy, Kristina L. Niedringhaus

Faculty Publications By Year

No abstract provided.

Law Libraries And Laboratories: The Legacies Of Langdell And His Metaphor, Richard A. Danner

Faculty Scholarship

Law Librarians and others have often referred to Harvard Law School Dean C.C. Langdell’s statements that the law library is the lawyer’s laboratory. Professor Danner examines the context of what Langdell through his other writings, the educational environment at Harvard in the late nineteenth century, and the changing perceptions of university libraries generally. He then considers how the “laboratory metaphor” has been applied by librarians and legal scholars during the twentieth century and into the twenty-first. The article closes with thoughts on Langdell’s legacy for law librarians and the usefulness of the laboratory metaphor.

Scholarship Against Desire, Shari Motro

Law Faculty Publications

This article uses my own experience navigating the law review placement process to reflect on the dynamics that shape intellectual life at American law schools. My recent work focuses on the legal relationship between unmarried lovers who conceive. At its heart, it is about the law’s role in shaping the precursor to pregnancy—heterosexual sex. When I began researching this topic what I was most curious about was how law and culture might conspire to foster connections that are more loving and less violent, more authentic and less alienated. Pursuing this topic—which would entail exploring big existential questions to which I …

Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney

Faculty Scholarship

The first-year curriculum at American law schools has been remarkably stable for more than 100 years. Many would say ossified. At Harvard, the First-Year Course of Instruction in 1879-80 consisted of Real Property, Contracts, Torts, Criminal Law and Criminal Procedure, and Civil Procedure. These five courses-focused heavily on judge-made common law-dominated Harvard's IL curriculum from the law school's founding into the 21st century. The same five subjects have long commanded the primary attention of first-year students at Fordham, founded in 1905, and at virtually every other U.S. law school throughout the 20th century. Starting in the 1990s, however, a growing …

Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis E. Fuentes-Rohwer

Faculty Scholarship

Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the “disconnect between the academy and the profession.” More pointedly, he continued, “[p]ick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m sure was …

Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert M. Linz

Publications

This article describes a method of research analysis and planning for legal problems. It introduces the framework of research plan, log, and product and provides a detailed research plan and log that students can use as a template for learning research. The article suggests how to teach the method in legal research classes, shares some of the author's experiences in teaching the method, and addresses some possible criticisms of this approach.

Law School Culture And The Lost Art Of Collaboration: Why Don't Law Professors Play Well With Others, Michael I. Meyerson

All Faculty Scholarship

I have an Erdős number. Specifically, I have an Erdős number of 5. For the uninitiated, the concept of an “Erdős number” was created by mathematicians to describe how many “degrees of separation” an author of an article is from the great mathematician Paul Erdős. If you coauthored a paper with Erdős, you have an Erdős number of 1. If you coauthor a paper with someone with an Erdős number of 1, you have earned an Erdős number of 2. Coauthoring a paper with someone with an Erdős number of 2 gives you an Erdős number of 3, and so …

The 95 Theses: Legal Research In The Internet Age, Amy E. Sloan

All Faculty Scholarship

No abstract provided.

Analysis, Research, And Communication In Skills-Focused Courses, Ruth Anne Robbins, Amy E. Sloan, Kristen Konrad Tiscione

All Faculty Scholarship

Since the Carnegie Report and Best Practices for Legal Education were published, a new focus has emerged on building students’ traditional foundational skills through increased opportunities for experiential education, including legal research and writing instruction. Although the Carnegie Report explored legal writing pedagogy in some detail, Best Practices devoted little attention to how foundational analytical, research, and writing skills are or should be taught with specificity, which provided the impetus for more extended treatment here. This section identifies some “better practices” being used and urges adoption of best practices.

In skills-focused courses, legal analysis, research, and writing should be taught …