Law Educator: Courses最新文献

{"title":"Assessing the Impact of Team Based Learning and the Examination Performance of Undergraduate Taxation Law Students","authors":"P. Kenny","doi":"10.2139/ssrn.2341967","DOIUrl":"https://doi.org/10.2139/ssrn.2341967","url":null,"abstract":"A number of forces push towards innovation and the acceptance of new teaching methods in Australian university business schools. Large class sizes and diversity of the student population often characterised by a significant international student cohort, the increasing complexity of topics (such as taxation law) and the growing pressures on school funding and teaching resources. The move towards greater accountability for research outputs also places added time pressure on academics to maintain teaching quality. Additionally, with the rising use of teams in organisations there is a demand by employers for employees that can effectively work in teams (Eisenhardt et al 1997) . In this context team based learning (herein after referred to as TBL) was trialled by the author in undergraduate tax law tutorials in 2010. Given that there is no known research into the use of TBL in respect of teaching Australian taxation law to university business students in tutorials, this study aims to assess its effectiveness. This TBL experiment was conducted on final year business university students studying an introductory taxation law topic covering taxation policy, goods and services tax and income tax. First, this paper defines team based learning and examines the mooted benefits. The paper then provides a theoretical underpinning for the TBL experiment. The TBL experiment is detailed and then its findings are analysed.","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126796524","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":"Federal Tax Procedure","authors":"John A. Townsend","doi":"10.2139/SSRN.2482668","DOIUrl":"https://doi.org/10.2139/SSRN.2482668","url":null,"abstract":"Federal Tax Procedure is the book for a course on Tax Procedure taught by Adjunct Professor Townsend at the University of Houston School of Law. The book and related materials contain text discussion, relevant Code Sections, and certain cases designed to encourage students to think about the Tax Procedure process. The book is in electronic format (Adobe Acrobat pdf format) and is in two versions -- (1) a footnoted version suited for practitioners and (2) a nonfootnoted version, suited for teaching (this is the nonfootnoted version). Both versions are available free on Mr. Townsend's Scholarly Papers page on SSRN. The pdf versions are updated every August for use in that year's Fall class and sometimes again in January or February. The books have a companion electronic file (also Adobe Acrobat) consisting of materials such as forms, publications, selected excerpts from congressional committee reports, and limited practice forms available on Professor Townsend's Federal Tax Procedure Blog.","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127802492","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":"Not a New Problem: How the State of the Legal Profession Has Been Secretly in Decline for Quite Some Time","authors":"M. Gans","doi":"10.2139/ssrn.2173144","DOIUrl":"https://doi.org/10.2139/ssrn.2173144","url":null,"abstract":"My goal was to provide an in-depth analysis of the job market for new law graduates over time, as well as the state of the legal field as a whole. Using historical records, I reached the following results: - Depending on which dataset is used, of the 1.4 million law graduates of the last 40-years, 200,000-600,000 are not working as attorneys. - Using NALP data, I calculate a True Employment Percentage (full-time, JD-required jobs excluding those who start their own practice) and find that it has been bad for a long time, not just recently. Over the last 25 years this percentage has averaged 68%, meaning 1 out of every 3 graduates couldn't find legal work. I also use regression to show that it is not correlated with bar passage rates. - Using this True Employment Percentage, I found that the ABA should have stopped accrediting law schools in the mid-1970's. - The ABA dataset shows that overall, these \"newer\" law schools have worse employment outcomes, especially for the most desirable jobs. For example, 16% of graduates of schools accredited before 1975 found employment in firms of 100 attorneys, while under 4% of graduates of schools accredited after this time did. - Income inequality for starting salaries has been widening dramatically. Over the last 16 years, the 75th percentile real starting salary has increased 73%, while the 25th percentile real starting salary has increased just 11% (almost all of it occurring before 2000).","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128918680","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":"Intellectual Property Law Course Structure","authors":"Tabrez Ahmad","doi":"10.2139/SSRN.1877063","DOIUrl":"https://doi.org/10.2139/SSRN.1877063","url":null,"abstract":"Intellectual property is an increasingly important generator of economic, social and cultural growth and development. A clear understanding of the intellectual property system has, therefore, become a necessity for all those associated with creative and innovative endeavor – from policymakers and business executives to educators and archivists, as well as artists and inventors themselves. A solid grasp of the mechanics of the system and a keen awareness of its enormous potential and power are key in leveraging the opportunities it offers – at all levels.The potential impact of intellectual property assets is so great that it is certain to have a considerable effect on national and international economic development in the future. Despite this, the area of IP education is relatively new to many academic institutions, and principles and methods in teaching IP are still evolving.The Globalization and the rapid proliferation of technology, coupled with the intangible nature of intellectual property create challenges for those businesses wishing to protect their inventions and technological breakthroughs, brands, and business methods in domestic and foreign markets. With this spurt in the R&D activity, the number of patents being filed internationally and in India has also gone up. The filing and litigation in other IPs, such as Trademarks, Copyrights, and Designs etc. is also rising. India is ranked as the fastest emerging economy and a major global player in the years to come. The country has the largest scientific and technical human resources among top five countries in the world. With the advent of WTO regime, it has integrated its IP legislations in compliance with TRIPS agreement and is poised to be a destination for research and innovation. Such transformation requires capacity building in the field of IPR human resources. Acquisition of patents, prosecution and protection require training and skills of IP law for legal professionals.This is an overview course covering the basics of intellectual property law -- trade secrets, patents, copyrights, and trademarks, as well as selected other state intellectual property rights. This course is designed both for those who are interested in pursuing IP as a career, and those who are looking only for a basic knowledge of the subject. There are no prerequisites, and a scientific background is not required.Students consult the syllabus regularly to ensure that you are reading the relevant cases. They are also expected and encouraged to attend and participate in all sessions of the class. The course will be graded primarily on the basis of continuous evaluation and finally on the basis of the end term exam.","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129480912","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":"Fundamentals of Intellectual Property: Cases & Materials","authors":"T. Field","doi":"10.2139/ssrn.1172142","DOIUrl":"https://doi.org/10.2139/ssrn.1172142","url":null,"abstract":"This is approximately the 24th revision of a conventional 472 pp. casebook. Used twice annually since 1999, this edition will be used in 3-semester-hour courses in 2012-13. Noncommercial reproduction of this file is royalty free, but one of the comprehensive statutory supplement is recommended. Also, an inexpensive paperback may be purchased from Amazon, with bulk discounts available through the author.The book flags common themes and critical distinctions among IP components. The goal is to present the most important and durable aspects of the law for the benefit of potential legal specialists as well as generalists. Pursuit of such objectives is informed by over forty years of study and teaching students at every level of technical and legal sophistication. That current policy debates often center on issues raised in the 1800s and earlier has also been helpful. Indeed, much that is truly fundamental remains remarkably constant. Domain names and rights of publicity also receive modest attention. Moreover, from the outset, remedies figure pervasively. Preemption and commercial speech issues are addressed in separate chapters, as well as elsewhere when appropriate.","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133068530","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":"Scorn Not the Sonnet: In Search of Shakespeare's Law","authors":"Jeffrey G. Sherman","doi":"10.2139/SSRN.1604498","DOIUrl":"https://doi.org/10.2139/SSRN.1604498","url":null,"abstract":"Legal scholars love to use Shakespeare’s works as stimuli and even models for legal analysis. We write about King Lear or Measure for Measure or The Merchant of Venice but rarely about the Sonnets. Why is that? Perhaps we find the poems too obscure. Or too insipid. (One of Shakespeare’s most famous sonnets – the “Fortune and men’s eyes” one – seems at first glance to say nothing more than “When I’m feeling depressed, I think about you, and that cheers me up.”) In this article, I examine three of Shakespeare’s sonnets and illustrate how a legal scholar or law professor might use these poems as scholarly or pedagogical vehicles. These illustrations will not discuss legal issues to a point of conclusion but will simply present some legal issues as analytic opportunities offered by a close reading of the Sonnets.","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123958440","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":"'Lawyer as Public Citizen' - A Futile Attempt to Close Pandora's Box","authors":"Matthew E. Meany","doi":"10.2139/ssrn.1465166","DOIUrl":"https://doi.org/10.2139/ssrn.1465166","url":null,"abstract":"The American Bar Association’s Model Rules of Professional Conduct (“Rules”), adopted by every state legislature except California, include a prescription for the duties and responsibilities of the legal profession. In the Preamble, the Rules begin with the well-known premise and directive that lawyers should be “zealous advocates” in serving their clients’ interests. The Rules further require that lawyers strive to prove facts and to provide legal bases in support of those interests, to abide by their clients’ decisions regarding the objectives of representation, and to consult with their clients on the means pursued to reach those objectives. The Rules therefore cultivate an advocacy ethic which relies on the adversary system to yield the public values of truth and justice as a byproduct of opposing attorneys’ efforts to secure a favorable outcome for their clients. Only later, however, do the Rules seek to limit this sweeping characterization of “lawyer as zealous advocate” by introducing a lawyer’s conflicting and vaguely defined obligation to be a “public citizen.” Indeed, the Rules provide little guidance on what a “public citizen” is and how to reconcile these conflicting roles. This article illustrates how the Rules themselves predispose practitioners to embrace the role of “zealous advocate” at the expense of “public citizen.” Further, it shows how the legal education system and the myriad of pressures faced by a lawyer combine to marginalize “public citizen” considerations in representation. Finally, it proposes a solution which would minimize the cognitive dissonance felt by attorneys who seek full actualization of their duties under the Rules. Section I establishes the origin of the problem in the Rules, which place conflicting professional duties on attorneys in relation to their clients and to society. Section I then develops the paradox by parsing the term “zealous advocate” and examining the etymology and connotations elicited by its use, followed by an exploration of the Rules’ vague charge to attorneys as “public citizens” to act in the best interest of society, the law and justice. Finally, Section I concludes with analysis exposing the impotence and inadequacy of the “public citizen” duty as a constraint on the means and ends adopted during representation. Section II discusses the impropriety of establishing “zealous advocacy” as the starting point and model baseline for the legal profession, incorporating the perspectives of a few prominent legal ethics scholars. Section II then illustrates how the context and pressures of real world advocacy illuminate the practical shortcomings of the Rules, forcing practitioners to choose between roles which vary in their consequences for abandonment. Section II concludes by examining how the combination of skills, pressures and insufficient guidance in the Rules exacerbates a lawyer’s predisposition to embrace the “zealous advocate” role to the likely denigration of the “public citizen” r","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131782521","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":"Fessing Up to Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation","authors":"Pamela D. Pengelley","doi":"10.2139/SSRN.1352670","DOIUrl":"https://doi.org/10.2139/SSRN.1352670","url":null,"abstract":"For professional \"fact-gatherers\" such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking gun, depending on your perspective. The personal information contained in a Facebook profile may be highly relevant to matters at issue in litigation; when dealing with claims, particularly in the personal injury context, the information contained on a Facebook page can make or break a case. It is therefore crucial that insurance professionals stay informed of new developments in this emerging area of law. This article summarizes the approach currently adopted by Canadian courts, including the February 2009 Ontario decision of Justice Brown, Leduc v. Roman.","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125793441","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 Great Fire Came to Be Kindled:' Unspinning Mr. Philbrick's Mayflower","authors":"Edward H. Sisson","doi":"10.2139/ssrn.1310348","DOIUrl":"https://doi.org/10.2139/ssrn.1310348","url":null,"abstract":"Claims about the economic motivations of population groups in the American past are a staple of contemporary political argument, as polemicists of one side seek to impeach the moral standing of the other side by impeaching the moral standing of the forebears of the people on the other side. Sometimes such polemics are presented to the public in the guise of nonpartisan works of popular history. This paper, applying the training of a litigator in preparing an \"opposition\" or \"reply\" brief, examines and exposes the \"spin\" in the economic history offered by popular author Nathaniel Philbrick in his 207 book Mayflower, in the sections of the book addressing the bloody conflict in New England in 1675-76 known as \"King Philip's War.\" The paper uses the facts Mr. Philbrick himself reports in his book to refute his conclusions, showing that the English colonists fought in legitimate self-defense and not out of greed or racism, against certain (not all) Indian tribes whose warriors, in the words of one of their own chiefs, were like \"sticks laid on a heap, till by the multitude of them a great fire came to be kindled.\"","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127168740","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 Literature Review of Risk Perception Studies in Behavioral Finance: The Emerging Issues","authors":"Victor Ricciardi","doi":"10.2139/ssrn.988342","DOIUrl":"https://doi.org/10.2139/ssrn.988342","url":null,"abstract":"This is a PDF file of 'A Literature Review of Risk Perception Studies in Behavioral Finance: The Emerging Issues' slides from a presentation at the 25th Annual Meeting of the Society for the Advancement of Behavioral Economics (SABE) Conference hosted by New York University on May 15-18, 2007. The topic of risk perception is a noteworthy theme within the behavioral finance literature that examines the decision making process of unsophisticated and expert investors. The risk perception literature has a strong historical academic foundation that entails various attributes associated with the notion of the interdisciplinary and multidisciplinary perspective across the different fields such as behavioral finance, behavioral accounting, and psychology. The previous narrative risk perception literature review by Ricciardi (2004) demonstrated that scholars in financial psychology (behavioral finance), behavioral economics, and behavioral accounting have investigated and tested over 150 unique accounting, financial, and investment proxy risk factors (e.g., beta, current ratio) and more than 100 behavioral risk characteristics (e.g., overconfidence, familiarity bias). This presentation is a preliminary discussion that builds on the research work of Ricciardi (2004, 2006) and Ricciardi (2008). This presentation disclosed, 'What are the emerging issues within the behavioral finance risk perception literature?' In particular, this presentation provided an emerging collection of hypotheses based on the various theories, concepts, and themes from the earlier narrative literature review by Ricciardi (2004) and the forthcoming book chapter in Ricciardi (2008). Note: SSRN is experimenting with enabling the distribution of different types of files: slides, spreadsheets, video, etc. This is an upload of a PDF file of PowerPoint slides. We are interested in our users desires to distribute files that go beyond word processing text files. You can communicate with me on these issues via my email address below. We invite you to submit your own presentation slides.","PeriodicalId":205918,"journal":{"name":"Law Educator: Courses","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125006122","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}