{"title":"Building a Better Bar: The Twelve Building Blocks of Minimum Competence","authors":"D. J. Merritt, Logan Cornett","doi":"10.2139/SSRN.3793580","DOIUrl":"https://doi.org/10.2139/SSRN.3793580","url":null,"abstract":"The bar exam tries to distinguish minimally competent lawyers from incompetent ones: it exists to protect the public from the harms of incompetent legal representation. That protection is critical to maintaining the integrity of the profession, but the bar exam achieves that goal only if it effectively assesses minimum competence. Although the bar exam has existed for more than a century, there has never been an agreed-upon, evidence-based definition of minimum competence. Absent such a definition, it is impossible to know whether the bar exam is a valid measure of the minimum competence needed to practice law or an artificial barrier to entry. We designed this study to address these substantial gaps in our knowledge, build on the existing research, and develop an evidence-based definition of minimum competence. We conducted 50 focus groups using a protocol we developed to gather data about the knowledge and skills new lawyers need to practice competently. Of those focus groups, 41 were conducted with new lawyers, while the remaining nine were conducted with those who supervise new lawyers. The data from these focus groups suggest that minimum competence consists of 12 interlocking components — or “building blocks.” Based on the data, it is also clear that exams should be open book and provide greater time to complete. Multiple choice questions bear little resemblance to the cognitive skills lawyers use and should be avoided; instead, written performance tests do in fact resemble many of the tasks that new lawyers perform and are encouraged. Additionally, practice-based assessments, such as ones based on clinical performance, offer promising avenues for evaluating minimum competence beyond the bar exam. In this report, we also outline 10 recommendations that courts, law schools, bar associations, bar examiners, and other stakeholders should consider in their efforts to move towards better, evidence-based lawyer licensing.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127640587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Opening or Solidifying? The Trend of the Intergenerational Mobility in China since the Implementation of the Reform and Opening-up Policy","authors":"Zhiqiang Yue, Ke Yin","doi":"10.2139/ssrn.3626352","DOIUrl":"https://doi.org/10.2139/ssrn.3626352","url":null,"abstract":"Based on the findings of the China General Social Survey, this study aims to analyze the trend of the intergenerational mobility in China since the implementation of the reform and opening-up policy by evaluating the absolute and relative mobility rates through the mobility table. The intergenerational mobility level in China is relatively high from the perspective of the absolute mobility rates. Besides, the overall trend is upward and social openness is quite high. However, the intergenerational mobility level is relatively low and gradually declining from the perspective of the relative mobility rates that reflect the equality of mobility opportunities. In addition, the social class structure shows a tendency of solidifying. While the absolute mobility rates reflect the efficiency of the intergenerational mobility, the relative mobility rates reflect its fairness. However, since the implementation of the reform and opening-up policy, Chinese society appears to be in a state of inadequate equality but with high efficiency. In this study, we generally regarded education as a critical factor of the intergenerational mobility. Lately, China has implemented a series of education policies, including the resumption of university entrance examination policy, compulsory education policy, and college enrollment expansion policy. The Chinese government endeavors to enhance national education attainment and sustain absolute mobility at a higher level. Nevertheless, the differences in education attainment of offspring from different social classes have increased gradually, making education inequality a significant factor of lower relative mobility. Thus, the government should increase the intergenerational mobility level by creating a healthy and stable economic development environment and improving education inequality.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127101009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Innovative Methods in Teaching of the Discipline 'Fair Employment Practices Law' for Professional Training of Future Lawyers","authors":"Anna Skorobogatova, I. Melihova, Nataliya Datcko","doi":"10.21125/ICERI.2017.0446","DOIUrl":"https://doi.org/10.21125/ICERI.2017.0446","url":null,"abstract":"Today our society with its changes in all spheres and social institutions has got some acute issues about teaching of future professionals.<br><br>Education in universities should ensure the training of a competent specialist with a broad general scientific horizon, capable of using the latest achievements of science, technology and practice, specialist who can work with people, make correct decisions, both in typical and non-standard situations. Also higher institutions should provide skills which will be useful in profession and just in ordinary life.<br><br>In this regard, the tutors are faced with the task of determining the optimal means and methods of teaching that positively influence the quality of the future lawyers’ training.<br><br>The article defines the importance and urgency of using effective methods in the teaching of the discipline ‘Fair employment practices law’. The necessity for their inclusion in the educational process as an important condition for the formation of professionalism of future lawyers is considered by the authors on the example of drafting an employment contract in a non-standard situation. The skills of the practical contract formation of this document come up against the current problem that is the use of Internet information, which in its arsenal contains a significant number of \"standard\" labor contracts, which can be easily analyzed, criticized and copied. But for students it is difficult to learn how to compose such documents in unusual conditions, it is really complicated to depart from some standards or clichés. Unusual formulation of the problem - the drafting of an employment contract in this situation - encourages students to think and solve practical problems independently and gives the opportunity to develop professionally significant qualities, skills and abilities. The introduction of innovative technologies in the professional training of the future specialist is an indispensable element in the formation of the foundations of professionalism. The new approach to the teaching process is a prerequisite for modern higher education.<br>In the course of modelling, introduction and approbation of the tutorials the authors use the methods of theoretical research (literature review and synthesis of advanced pedagogical experience and empirical research (testing, questioning, methods of information presentation). The analysis of curricula, educational programs and methodological complexes found the fact of insufficient attention to the development of professionally significant qualities.<br><br>The authors present the analysis of possibilities of this innovative teaching method in education for future lawyers. Monitoring the results is a necessary and important process in the system of high education. This gives an idea of the potential of students, allows diagnosing the perspective of their study. We strongly believe that this method contributes to the promotion of scientific knowledge, strengthening th","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"32 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131126710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Smarter Law Study Habits: An Empirical Analysis of Law Learning Strategies and Relationship with Law GPA","authors":"Jennifer M. Cooper, R. Gurung","doi":"10.2139/ssrn.3004988","DOIUrl":"https://doi.org/10.2139/ssrn.3004988","url":null,"abstract":"Non-empirical law school study advice that emphasizes reading and briefing cases, memorizing rules, and outlining without frequent self-testing and formative self-assessment is contrary to cognitive science and leads to a \"law school learning trap.\" Law students fall into a \"law school learning trap\" by focusing on memorization of cases and rules for \"class prep,\" putting off practice application of the law as \"exam prep.\" Law students and legal educators misjudge the power of testing as a learning tool, instead relying on non-empirical, anecdotal resources to guide law student study methods. Empirical research from a Law Student Study Habit Survey shows that practice application of the law through self-testing, self-quizzing, and elaborative strategies positively correlates with academic success in law school, while reading and briefing cases, weak critical reading skills, and rote memorization of rules without practice applying the law negatively correlates with academic success in law school. Both legal educators and law students need to incorporate testing and formative assessment as a study and learning strategy to learn each new topic, not just exam prep. Self-testing and formative assessment are not only critical for success in law school, but help students develop successful learning strategies for the bar exam and as lifelong learners in law practice.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130001348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Narrative, Machinima and Cognitive Realism: Constructing an Authentic Real World Learning Experience for Law Students","authors":"Anne F. Matthew, D. Butler","doi":"10.14742/AJET.2846","DOIUrl":"https://doi.org/10.14742/AJET.2846","url":null,"abstract":"In Australian law schools didactic pedagogies such as lectures devoted to the transmission of theory and knowledge to a largely passive audience still predominate. However, curriculum design embedding authentic learning pedagogies has been shown to be supportive of student learning. The challenge in adopting such curriculum design is how to offer situated cognitive learning opportunities on a large scale to increasingly diverse cohorts. This paper is a case study of a blended learning approach introduced into a second year undergraduate law unit to teach negotiation theory and practice to a large cohort of students studying in full-time, part-time, and distance external modes. This innovation was situated in an authentic simulated learning environment created through careful design of a high-fidelity scenario, utilising a narrative depicted by Second Life machinima video and simulated documentation. This approach resulted in greater student engagement and improved learning outcomes.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"180 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121842604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Learning Curve: Winter 2017","authors":"Learning Curve Asp","doi":"10.2139/ssrn.3238222","DOIUrl":"https://doi.org/10.2139/ssrn.3238222","url":null,"abstract":"Articles included in this issue are: CRISIS, WHAT CRISIS? – The Curious Case of Pedagogical Indifference, Charles R. Splawn, Assistant Director of Academic & Bar Support, Elon University School of Law HOW AN ASP CAN BE A LAW SCHOOL’S SUPERHERO by Deborah Rummelhart, Law School Toolbox; Professionalism and Power: Encouraging Students from Orientation Forward, To Find Their Sources of Strength by Sara J. Berman, Director of Critical Skills and Academic Support Programs, Nova Southeastern University’s Shepard Broad College of Law Thinking Like a (Bar Exam) Grader by Allie Robbins, Assistant Dean for Academic Affairs, CUNY School of Law; A Delicious Little Exercise to Teach CREAC by Philip C. Kaplan, Associate Professor of Academic Support, Suffolk University Law School The Study Circle by Herbert N. Ramy, Professor & Director, Academic Support Program, Suffolk University Law School On First Things and Loving the Law by Robert Gregg, Professor & Director of Academic Success and Bar Preparation Services, Appalachian School of Law The Big Bad Wolf: Helping Students Conquer Fears of the Bar Exam through P.A.S.S. - Preparation, Assessment, Self-Directed Reflection, and Support by Alicia Jackson, Director of Academic Success and Bar Preparation Florida A&M University College of Law Meeting Our Obligation to At-Risk Students by Marsha Griggs, Assistant Dean for Academic Support and Bar Readiness, Thurgood Marshall School of Law The Benefits of In-Class Group Work in Doctrinal Classes: Confession of a Hesitant Flipper by L.O. Natt Gantt, II, Professor & Associate Dean of Instructional and Curricular Affairs, Regent University School of Law How Diet & Nutrition Can Make You Smarter, Kevin Sherrill, Assistant Professor, Center for Academic & Bar Readiness, La Verne University School of Law, Moving On Up: ASP’s Journey into 2L and 3L Curriculum Integration by Kimberly Kass, Assoc. Director of Academic Success, Valparaiso University School of Law and Bethany Lesniewski, Director of Academic Success, Valparaiso University School of Law","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133804398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Teacher and Researcher: A Scratch on the Science Community and Meaning of Evaluation with the Research Doctoral Programs Ranking","authors":"Kiyoung Kim, Hyunshik Ju, M. Khatun","doi":"10.11648/J.IJP.20150304.11","DOIUrl":"https://doi.org/10.11648/J.IJP.20150304.11","url":null,"abstract":"The epistemology and phenomenology of contemporary society tend to be deepened, and the philosophical challenges never are minimal that we may be called to face with the kind of post-modern chaos from the rapidly changing phenomena of the global community. The ballast held on the identity of faculty members as a teacher and researcher now turns due so as to be recast with our intrinsic of routine performance. I considered their quality as bent on the intellectual strife on the method and the kind of attitude, say, evaluation and consultation. In this paper, the authors have presented some thought and implications that triangulated the triad, i.e., research methodology, program evaluation and consulting illustration on the college research program rankings. The author is hoped that the discourse can help the academicians to share the attribute of different methods as well as the dimension of evaluation and consulting, perhaps essentially related with their work role in terms of teaching and researching.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126349325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of the State in University Science: Russia and China Compared","authors":"S. Marginson","doi":"10.17323/1996-7845-2015-01-07","DOIUrl":"https://doi.org/10.17323/1996-7845-2015-01-07","url":null,"abstract":"Research is now organized according to a global science system, articulated by English-language journals, that partly subsumes national systems and is the source of most innovation. To be effective, national science institutions must closely and continually engage in, and contribute to, this global system. “Science and technology in one country” is no longer a strategic option. Russian science is characterized by very low rates of publication, citations and joint international authorship, relative to system and university size. The total number of papers produced each year is declining. Only Lomonosov Moscow State University (LMSU) is ranked in the first 750 universities in the world on the volume of published science in English. Between 1995 and 2012, the number of internationally co-authored papers increased by 168% worldwide but 35% in Russia. The closed international door is a legacy of the Soviet period. The situation in Russia contrasts with the spectacular growth of science in China and East Asia, powered by active and focused states with a drive for internationalization. This article discusses the trajectory of East Asian science. While Russia cannot replicate the East Asian family or political culture, a vigorous internationalization policy would kick-start the transformation of national science.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114037346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Using Experiential Education to Develop Human Resources for the Nonprofit Community: A Course Study Analysis","authors":"A. Hodges","doi":"10.2139/SSRN.2307028","DOIUrl":"https://doi.org/10.2139/SSRN.2307028","url":null,"abstract":"In this era of shrinking resources and increased pressure to produce “practice-ready” lawyers, law schools are seeking new and cost-effective ways to provide experiential education. This article reports and analyzes the results of a survey of graduates and students from a course in Nonprofit Organizations that incorporated a community-based project designed to develop skills, enhance learning and encourage post-graduation involvement with nonprofits. Although limited to one course, this course study, like a case study, offers valuable information. Consistent with other research on experiential education, the survey supports the conclusion that such projects, while less resource intensive and comprehensive than clinics, offer benefits to both the students and to the community.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"37 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131436418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ethics of Business or Ethics for Business? Two Models for Teaching Business Ethics","authors":"T. Kwarciński","doi":"10.7206/MBA.CE.2084-3356.14","DOIUrl":"https://doi.org/10.7206/MBA.CE.2084-3356.14","url":null,"abstract":"The aim of this article is to present two models for teaching business ethics: ethics of business and ethics for business. In the article, I defend the thesis that business ethics taught in corporations (ethics for business) is not a simple continuation of academic instruction (ethics of business) and should not be treated as such. To justify the foregoing thesis, I refer to both theoretical and empirical research carried out by business ethicists, as well as to my own experience as an academic teacher. Taking into consideration the differences that occur between the two models of teaching business ethics, and also the threats associated with implementing ethics programs in companies, I conclude that in-company business ethics instruction does not constitute a continuation of academic instruction. This study and conclusion can help to improve the process of teaching business ethics at both academic and corporate levels.","PeriodicalId":178679,"journal":{"name":"LSN: Education Research (Topic)","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116316285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}