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Employment Law Inside Out: Using The Problem Method To Teach Workplace Law, Rachel Arnow-Richman 2013 University of Florida Levin College of Law

Employment Law Inside Out: Using The Problem Method To Teach Workplace Law, Rachel Arnow-Richman

UF Law Faculty Publications

This Article, prepared for the Saint Louis University Law Review’s 2013 Symposium on Teaching Employment & Labor Law, explores the use of the problem method in employment law instruction. Drawing on my experience teaching the basic employment law course, I suggest that those areas of the field that require transactional lawyering skills are perhaps best taught contextually through a hypothetical problem, rather than through cases. Adopting the problem method in such circumstances not only gives students a richer understanding of the law and how it operates, but also the opportunity to cultivate problem-solving skills and professional judgment, thereby advancing the …


Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar 2013 Jindal Global Law School

Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar

Indiana Journal of Global Legal Studies

Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …


Contract Stories: Importance Of The Contextual Approach To Law, Larry A. DiMatteo 2013 University of Florida Levin College of Law

Contract Stories: Importance Of The Contextual Approach To Law, Larry A. Dimatteo

UF Law Faculty Publications

How law is taught is at the center of the debate over the need to change legal education to better prepare students for a difficult and changing marketplace for legal services. This Article analyzes the benefits of using “stories” to teach law. The stories to be discussed relate to contract law: this Article asks whether they can be used to improve the method and content of teaching law. The ruminations offered on teaching contract law, however, are also relevant to teaching other core, first-year law courses.


The Project Model Of Clinical Education, Anna Carpenter 2013 University of Oklahoma College of Law

The Project Model Of Clinical Education, Anna Carpenter

Faculty Articles

In clinical legal education, there is growing interest in the development of project-based clinical work, which includes a broad range of activities, such as legislative and policy reform, community economic development and community legal education. In the project model, students use non-litigation advocacy strategies to solve challenging legal problems for clients and engage a broad range of multidimensional legal skills, including complex problem-solving, strategic planning, project management, and professional communication skills. Clinical scholarship on project-based learning has suggested that key pedagogical methods, particularly maximizing role assumption and student ownership of clinic work, must be compromised in projects due to the …


Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo 2013 Saint Louis University School of Law

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

All Faculty Scholarship

Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.


What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart III, Brian Jones, Cheryl Cortemeglia 2013 University of Maryland Francis King Carey School of Law

What's On First?: Organizing The Casebook And Molding The Mind, Donald G. Gifford, Joseph L. Kroart Iii, Brian Jones, Cheryl Cortemeglia

Faculty Scholarship

This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all …


Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett 2013 University of Maryland Francis King Carey School of Law

Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett

Faculty Scholarship

The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose challenges, and political attacks have answered clinicians' efforts to live up to these aspirations. An error underlies such attacks, however: holding lawyers responsible for their clients' legal positions despite the profession's duty to ensure that such positions get a fair hearing.


Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana 2013 University of Maryland Francis King Carey School of Law

Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana

Journal of Business & Technology Law

No abstract provided.


Foreword, Robert J. Rhee 2013 University of Florida Levin College of Law

Foreword, Robert J. Rhee

Journal of Business & Technology Law

No abstract provided.


Teaching Citizens United V. Fec In The Introductory Business Associations Course, Michael D. Guttentag 2013 University of Maryland Francis King Carey School of Law

Teaching Citizens United V. Fec In The Introductory Business Associations Course, Michael D. Guttentag

Journal of Business & Technology Law

No abstract provided.


Teaching Antitrust After The Financial Crisis, Maurice E. Stucke 2013 University of Maryland Francis King Carey School of Law

Teaching Antitrust After The Financial Crisis, Maurice E. Stucke

Journal of Business & Technology Law

No abstract provided.


Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch 2013 University of Richmond

Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch

Law Faculty Publications

This article introduces Prezi, the online presentation software which has emerged as a most promising alternative to Microsoft PowerPoint. Part I offers a basic description of Prezi, points out widely perceived shortcomings of PowerPoint, and considers whether Prezi can remedy them.


The Marshall-Brennan Constitutional Literacy Project: American Legal Education's Ambitious Experiment In Democratic Constitutionalism, Jamin B. Raskin 2013 American University Washington College of Law

The Marshall-Brennan Constitutional Literacy Project: American Legal Education's Ambitious Experiment In Democratic Constitutionalism, Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

The Marshall-Brennan Constitutional Literacy Project is the leading effort in American legal education to mobilize law students to teach high school students about the Constitution and Bill of Rights. This Article traces the development of the project from its beginnings in the 1990s at American University Washington College of Law to its unexpected but dramatic expansion across the country to eighteen law schools today. The Article explains the Marshall-Brennan curriculum, which focuses on Supreme Court decisions addressing the rights of America's student population in school and in the criminal justice process, and canvasses the essential operational ingredients of Marshall-Brennan chapters …


Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman 2013 American University Washington College of Law

Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman

Scholarly Articles in Law Reviews & Journals

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …


Professional Learning Communities And Collaborative Teams: Tools To Jump-Start The Learning Outcomes Assessment Process, Sharon Sandeen 2013 Mitchell Hamline School of Law

Professional Learning Communities And Collaborative Teams: Tools To Jump-Start The Learning Outcomes Assessment Process, Sharon Sandeen

Faculty Scholarship

The legal community has talked for years about proposed changes to the American Bar Association's (ABA) standards for the accreditation of law schools to include some form of learning outcomes assessment (LOA).' Although it is still unclear if and when comprehensive new standards will take effect and, more importantly, when law schools will be required to fully implement LOA processes, it is never too early to help law students meet their full potential since the essential purpose of LOA is to improve student learning. Moreover, current ABA Standard 203 (Strategic Planning and Assessment) requires law schools to regularly assess their …


The Fully Formed Lawyer: Why Law Schools Should Require Public Service To Better Prepare Students For Private Practice, Sara Rankin 2013 Seattle University School of Law

The Fully Formed Lawyer: Why Law Schools Should Require Public Service To Better Prepare Students For Private Practice, Sara Rankin

Faculty Articles

It is now commonly accepted that law schools are graduating students who are under-prepared for practice in the real world. In other words, students that perform adequately in the classroom seem to struggle or suffer — to an unnecessary degree — when they enter practice. It is as though law schools are graduating inchoate or “partially-formed” lawyers, who demonstrate classroom fluency but lack meaningful ability to grapple with the wrinkles and complexity of real-world practice. This article argues that to create practice-ready or “fully formed” lawyers, law schools should reform to prioritize hands-on training in public service. It may seem …


Adaptive Clinical Teaching, Emily Benfer, Coleen F. Shanahan 2013 Loyola University Chicago, School of Law

Adaptive Clinical Teaching, Emily Benfer, Coleen F. Shanahan

Faculty Publications & Other Works

No abstract provided.


The Impact Of Rankings And Rules On Legal Education Reform, David N. Yellen 2013 Loyola Univeristy Chicago, School of Law

The Impact Of Rankings And Rules On Legal Education Reform, David N. Yellen

Faculty Publications & Other Works

Legal education is experiencing intense pressures and is undergoing profound changes. Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association's accreditation standards. The push and pull of these forces helps explain why law schools are embracing some changes and resisting others.


Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan 2013 Loyola University Chicago, School of Law

Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan

Faculty Publications & Other Works

Each new generation of law students presents its own set of challenges for law teachers seeking to develop competent and committed members of the legal profession. This article aims to train legal educators to recognize their students' generational learning style and to deliver a tailored education that supports the development of skilled attorneys. To help legal educators better understand the newest generation of law students, this article explores the traits associated with the Millennial Generation of law students, including their perspective on themselves and others, on education and on work. It then provides detailed and specific strategies for teaching millennial …


A Mystery Statute Approach: How To Teach And Test The Legal Skill Of Statutory Interpretation, Cynthia M. Ho 2013 Loyola University Chicago, School of Law

A Mystery Statute Approach: How To Teach And Test The Legal Skill Of Statutory Interpretation, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.


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