Legal Education Commons^™

Legal And Medical Issues Of Covid-19, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Making headlines
• Center co-director publishes on artificial intelligence and discrimination
• Center co-director releases new edition of law and genetics textbook
• Adjunct professor earns top health law award
• Faculty members’ paper published in New England Journal of Medicine, research featured at conference an in forthcoming book
• Impactful externship
• Growing demand leads to new master’s, certificate program in compliance
• Paradoxes of the pandemic: CWRU law faculty help shape conversations and drive change in an uncertain world
• Alumni profile: Inside Weinberger’s passion for trying to right a wrong
• A look back at our 2020-21 events
• Faculty briefs: Publications by our health law faculty …

Reflections On Building And Then Teaching In A Hyflex Classroom At Allard Hall, Douglas C. Harris, Samuel Beswick

All Faculty Publications

How to teach in a pandemic? This is the question we were forced to answer over the course of a weekend in March when UBC’s physical campus closed and in-person teaching was no longer possible. The pivot to the world of online teaching was abrupt and reactive; there simply wasn’t time to do anything other than keep courses going as best we could, with technology and techniques we were learning as we taught.

Client-Centered Communication: How Effective Lawyering Requires Emotional Intelligence, Active Listening, And Client Choice, Heather Heavin, Michaela Keet

Cardozo Journal of Conflict Resolution

For the lawyer-client relationship to work effectively, lawyers need to provide clients with competent, understandable, and relevant legal advice. This proposition is so central to the lawyer's role that it is difficult to challenge. Yet, we suggest, this proposition belies the complexity of the responsibility, given the decision-making process that clients are going through (or should be going through) when deciding to litigate or to settle through negotiation or mediation. The educational literature contains much advice for lawyers on the benefits of dispute resolution processes, how to select and navigate through them, but much less on how lawyers should guide …

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …

Finding New Classroom Tricks In A Virtual Teaching World: One ‘Old Dog’S’ Tale, Daniel Keating

Scholarship@WashULaw

It has been hard to find many silver linings in this dark cloud we call the pandemic, but here’s one: Two colleagues and I, all three of us at different law schools, were having an e-mail discussion about how online instruction had affected us and challenged our “business as usual” approach to teaching. Among the three of us, we have taught for more than 100 years combined. Yet here we were, trading notes on our successes and failures with polls, online discussion boards, and virtual breakout rooms. Finally, the most senior member of our trio summed it up with this …

The Bottom Line: Law School Need To Get Serious About The Work Of Diversity, Equity & Inclusion, Lisa Sonia Taylor, Belinda Dantley

Research Reports & White Papers

North American law schools are adding Diversity, Equity, and inclusion (DEI) roles or responsibilities at an increasing pace. In early 2021 we surveyed DEI professionals at law schools across the country. We agree interested in finding out more about these professionals, their work, and their perceptions about the role they play at their law school.

We took the opportunity to ask DEI professionals about their role in light of the global pandemic and focus on racial injustice after the protests against police violence in the summer of 2020.

Law Talk In A Brief Advice Clinic, Linda F. Smith

Utah Law Faculty Scholarship

Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes.1 Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Articles & Chapters

In an ideal world every meeting between law students and professors, or between beginning lawyers and their supervisors, would leave supervisors impressed by their charges and junior lawyers/students with a clear sense of direction for their work. But we do not live in that ideal world. Instead, supervisors, supervisees, law professors and law students frequently leave such meetings feeling frustrated, disconnected and without a shared understanding of how to improve the experience (and future performance).

This Article seeks to improve supervisory meetings, and to do so from the perspective of the ones under supervision. There is a genuine art to …

Our Collective Work, Our Collective Strength, Renee Nicole Allen

Faculty Publications

This essay considers the collective strength of women of color in two contexts: when we are well represented on law school faculties and when we contribute to accomplishing stated institutional diversity goals. Critical mass is broadly defined as a sufficient number of people of color. Though the concept has been socially appropriated, its origins are scientific. While much of the academic literature encourages diversity initiatives designed to reach a critical mass, social change is not a science. Diversity in numbers may positively benefit individual experiences for women of color, however, diversity alone will not change social norms at the root …

We Are In This Together: A Faculty-Led Approach To Fostering Innovation In Online Instruction, Courtney Selby, Rachel H. Smith

Faculty Publications

(Excerpt)

After reviewing this chapter, readers will understand how to:

• Implement a faculty-led approach to improving online instruction at their in­stitutions;
• Convene a faculty task force to spearhead that approach;
• Engage faculty members in productive discussions about the pedagogy of online law teaching;
• Prepare a set of institution-specific recommendations for improved online teaching; and
• Foster a faculty culture invested in innovating online instruction well beyond emergency use.

As so many platitudes tell us, challenges present opportunities. And the challenges of teaching law in a pandemic certainly created an avalanche, a flood, a—pick your natural disaster—of opportunity. Indeed, the sudden switch …

The Cognitive Power Of Analogies In The Legal Writing Classroom, Patricia G. Montana

Faculty Publications

(Excerpt)

New law students traditionally learn better when they can connect what they are learning to a familiar non-legal experience. Therefore, the use of an analogy, which can be defined as a comparison showing the similarities of two otherwise unlike things to help explain an idea or concept, is an obvious way to facilitate a student’s connection between the new and what is already known. An analogy is a logical step in introducing the complex processes of legal research and analysis by attempting to simplify the alien structure of summarizing that legal research and analysis into a coherent piece of …

From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen

Faculty Publications

In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that appeared in a symposium edition of the Berkeley Women’s Law Journal. Since then, Black women and women of color have published articles and books about their experiences with presumed incompetence, outsider status, and silence. The story of Black women in the legal …

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G. S. Hans

Vanderbilt Law School Faculty Publications

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou's Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students. This Article discusses the author's experience with using Bad Blood as an extended case study in a new course on Legal …

Clinical Fellowships, Faculty Hiring, And Community Values, G. S. Hans

Vanderbilt Law School Faculty Publications

This Essay explores clinical hiring practices as an expression of community values. In particular, it discusses how lawyers become clinical faculty to reflect on whether and how prior clinical teaching experience should be assessed for entry-level clinical applicants in order to effectuate equity and inclusion within law schools and the clinical community. Publicly available data suggest that a majority of recent entry-level clinical faculty have prior clinical teaching experience as fellows or staff attorneys. What does this apparent hiring preference for prior teaching experience mean for the composition of the clinical community, especially with respect to equity and inclusion? As …

Zooming Into The Future Of Skills-Based Teaching, Paige L. Wilson, Evan Daryl Walton, Michael Murphy, Emily Bucholz

Publications

No abstract provided.

Covid-19 And Law Teaching: Guidance On Developing An Asynchronous Online Course For Law Students, Yvonne Dutton, Seema Mohapatra

Faculty Journal Articles and Book Chapters

Most law schools suspended their live classroom teaching in March 2020 due to the COVID-19 pandemic and quickly transitioned to online programming. Although professors can be commended for rapidly adapting to an emergency situation, some commentators have nevertheless suggested that the emergency online product delivered to students was substandard. Based on our own experiences in designing and delivering online courses, we caution against embracing a broad-reaching, negative conclusion about the efficacy of online education. Indeed, much of this emergency online programming would be more properly defined as “emergency remote teaching,” as opposed to “online education.” Delivering online education to students …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents and Masthead for Lewis & Clark Law Review Volume 25, Issue 3.

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rennard Strickland: Living Without Notes, Katheleen Guzman

Other Faculty Publications

No abstract provided.

The Global Benefits Of The Law & Economics Framework In Legal Education: Using Class Simulations To Support Law Student Learning (Second In Series), Patrick H. Gaughan

Akron Law Faculty Publications

This is the second in a series of articles proposing that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education. To this end, this article proposes using classroom simulations loosely based upon Garrett Hardin’s classic article, “The Tragedy of the Commons.” As proposed, the simple and flexible core simulation can easily be altered to address various types of issues while also serving as an engaging class introduction to the Law & Economics Framework. Importantly, law faculty can easily adapt the simulation to account for local sensibilities and be used without requiring a mastery …