Legal Education eJournal最新文献

{"title":"Essay: A Ham Sandwich","authors":"Colin B. Picker","doi":"10.2139/SSRN.1396395","DOIUrl":"https://doi.org/10.2139/SSRN.1396395","url":null,"abstract":"This essay is a short (approximately 1400 words, including footnotes) and to the point humorous indictment of the present scholarship (articles and journals) within the American legal academy. Nonetheless, the issue raised by this essay is a serious one – that the proliferation of journals and articles is threatening to overwhelm the system’s ability to discern good from bad scholarship. The same issue is happening with the proliferation of judicial opinions. The essay notes that these issues are neither new (the Roman legal system encountered similar issues) nor confined to the United States (e.g., the English have recently handled a comparable issue with respect to judicial opinion citations). The essay concludes by recommending the legal Academy reconsider the present version of student run and edited law reviews.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128688267","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":"Employment as Transaction","authors":"Rachel S. Arnow-Richman","doi":"10.2139/ssrn.1154082","DOIUrl":"https://doi.org/10.2139/ssrn.1154082","url":null,"abstract":"This piece offers a fresh perspective on the upper-level employment law class based on the theme of employment as transaction. Like much of law school, employment law is often taught from a public advocacy perspective in which the primary role of the lawyer is to vindicate workers' rights or responsively defend managerial action. As a doctrinal matter, however, courts are showing increased attention to the role of private ordering in defining workplace rights and assessing liability, even in regulatory areas. Courts routinely examine employers' efforts to redress unlawful behavior under antidiscrimination law and consistently sanction the use of arbitration agreements waiving rights to a federal jury trial if they satisfy the requisite contract formalities. At the same time, an evolving branch of employment law scholarship has recognized the role of corporate actors and other intermediaries in achieving the normative goals of workplace regulation. Thus, the way in which employers internally implement and respond to the law is an important site of study for those seeking to ensure the realization of legal rights. These complementary developments in law and theory provide both a unifying theoretical framework for teaching employment law and policy and an opportunity to reconfigure the course to address both recent and long-standing critiques of legal education. A principle insight of the Carnegie Foundation's 2007 report on the quality of legal education is that legal pedagogy artificially segregates instruction in substantive expertise, practical skills, and professional values. Using an actual class exercise as an illustration, the piece demonstrates how a basic employment law course can be redeployed as a skills/doctrine hybrid that not only integrates practical training into the substantive course, but exposes students to the especially neglected area of transactional skills. Incorporating a transactional learning experience is a significant stride toward preparing students for a proactive practice in which they are capable of counseling clients, ensuring regulatory compliance, and managing risk, skills sorely needed in a world of increasingly transactionalized relationships.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117107882","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":"Is Our Students Learning?: Using Assessments to Measure and Improve Law School Learning","authors":"Rogelio A. Lasso","doi":"10.2139/SSRN.1327904","DOIUrl":"https://doi.org/10.2139/SSRN.1327904","url":null,"abstract":"The primary role of a law school is to make sure students learn skills to become competent lawyers. Learning is a loop in which the teacher facilitates learning, students perform tasks to show what they have learned, the teacher assesses and provides feedback on students' performance, and students use the feedback to improve their learning skills for the next learning task. Teacher assessment feedback is critical to student learning. Prompt and frequent feedback allows students to take control of their learning by (a) obtaining necessary remediation for identified deficiencies in the development of their learning skills and (b) adjusting their approaches to performing the next learning tasks. Assessments, therefore, have a greater influence on how and what students learn than any other factor. As the recent Carnegie Report noted, there is currently no coordinated effort in American legal education to determine the best use of assessments to improve law student learning. Without a suitable program to provide students timely feedback on their performance, the learning loop is broken. The Carnegie Report urges law schools to incorporate a coordinated approach to assessments as a way to develop competent lawyers. In addition to encouraging law teachers and law schools to use assessments to improve student learning, this article provides a set of best practices for using assessments and furnishes examples of various forms of assessments.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128918601","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":"Learning the Law","authors":"C. Engel","doi":"10.2139/ssrn.539982","DOIUrl":"https://doi.org/10.2139/ssrn.539982","url":null,"abstract":"Hardly any of the law's subjects know the text of the provisions that govern their conduct. Even less would they be able to handle this text properly, were they to get access to it. Nonetheless the law firmly believes that it is not feckless. This paper solves the puzzle by drawing on four bodies of knowledge: neurobiology, developmental psychology, the psychology of learning, and work from social scientists on learning. The paper makes the following claim: typically the law reaches its addressees indirectly. The law is not followed, it is learned. There are two distinct learning objects. Throughout childhood and adolescence individuals acquire normative proficiency, i.e. the ability to properly handle normative expectations originating in the law. This procedural knowledge is gradually filled with the declarative knowledge of individual normative expectations. Typically, compared to their professional legal origin, they reach adolescents in much more contextualised form. They take the form of schema-like social mirror rules, or of exemplars. Learning also is the key to understanding how individuals cope with changing normative expectations. There are two situations for this: upon legal reform the law changes. Or the individual moves to a different context, and has to learn the legal expectations prevalent there. From a governance perspective, such secondary learning of the law is more risk-prone. Individuals may overlook the change. The new normative expectations may force them to engage in unlearning. The critical phase in brain development may be past, making fundamental changes hard to bring about.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129308534","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":"Thoughts on Hiring New Law Professors","authors":"Allen R. Kamp","doi":"10.2139/SSRN.1284574","DOIUrl":"https://doi.org/10.2139/SSRN.1284574","url":null,"abstract":"The paper describes and critiques the Association of American Law Schools hiring process, the means by which a significant portion of law school professors are hired. It argues that the process focuses on certain narrow criteria and works against intellectual diversity in law school faculty.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124929012","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":"Ten Things Lawyers should Know about Internet Research","authors":"K. Claffy","doi":"10.2139/ssrn.1266324","DOIUrl":"https://doi.org/10.2139/ssrn.1266324","url":null,"abstract":"Updating legal frameworks to accomodate technological advancement of communications capabilities requires first updating other legal frameworks to accommodate empirically grounded research into what we have built, how it is used, and what it costs to sustain. Unfortunately for - and due to - well-intentioned policymakers, our scientific knowledge about the Internet is weak because researchers are typically not allowed access to any data on operational network infrastructure for privacy reasons. This data access problem was recognized long ago for its detrimental impact on infrastructure protection capabilities; many public and private sector efforts have failed to solve it. Public policy intended to protect individual user privacy places the research community in the absurd situation of not being able to do the most basic network research even on the networks established explicitly to support academic network research. Despite the methodological limitations of Internet science today, the few data points available suggest a dire picture of the future. But while the situation overwhelmingly indicates the need for a closer objective look, the only people with measurement capability on publically accessible network infrastructure today are tasked with inferring as much private information on individual users as possible - whether its to target terrorists or ads. The traditional mode of getting data from public infrastructures to inform policymaking - regulating its collection - is a quixotic path, since the government regulatory agencies have as much reason to be reluctant as providers regarding disclosure of how the Internet is engineered, used, and financed. Less surprising with hindsight, the opaqueness of the infrastructure to empirical analysis has generated many problematic responses from rigidly circumscribed communities trying to get their jobs done. As dismal as it sounds though, the news is not all bad - there is a reason everyone wants to be connected to all the world's knowledge, as well as each other, besides its status as the most powerful complex system ever created by man. The Internet's practical promise for individual freedom, democratic engagement, and economic empowerment, is also unparalleled. Moreover, even in the dim light of the profoundly needed but under attended interdisciplinary research into the network, we can ascertain some concrete constraints on the possible range of policy solutions, which all involve increasing the congruity between what we legislate and what we know.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127280150","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":"Analogy as a Teaching Tool: Clinical Lessons from the Game of Golf","authors":"P. Cain","doi":"10.2139/ssrn.1273083","DOIUrl":"https://doi.org/10.2139/ssrn.1273083","url":null,"abstract":"This essay suggests the use of analogy in legal education. It suggests different areas to which an analogy may be made. The essay describes the analogy of the game of golf in a clinical law setting and suggests the lessons that may be learned from the analogy, both by the clinical law student and the supervising attorney or clinical faculty.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"147 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114051953","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":"Improving Commerce Students' Performance in Business Law","authors":"M. Bender, Roger Gamble, L. Turner","doi":"10.2139/SSRN.1091280","DOIUrl":"https://doi.org/10.2139/SSRN.1091280","url":null,"abstract":"This paper outlines the process and the knowledge from a project that the authors have been undertaking since late 2006 in attempting to improve commerce students' outcomes in their first law subject. The project involved the analysis of written exam responses of students enrolled in the first year core Business Law subject in Semester 2, 2006 and also included interviews with students who had not passed the subject and those who had received Distinction grades or above. The aims of the project were to: -Investigate which topics (areas of law) students choose, or do not choose, to respond to on the exam and which problem questions are poorly answered. -Conduct a discourse analysis of selected problem questions to explore the written discourse strategies used, and not used, by 'successful' and 'unsuccessful' students. -Gain insights into how students gained an understanding of the content and the conventions of Business Law writing, the strategies they used for exam preparation and what additional support or direction they felt could have improved their performance.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127295542","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":"Moving out of Oldenburg's Long Shadow: What is the Future for Society Publishing?","authors":"Chris Armbruster","doi":"10.2139/ssrn.997819","DOIUrl":"https://doi.org/10.2139/ssrn.997819","url":null,"abstract":"The internet and the rise of e-Science alter the conditions for scholarly communication. In signing declarations against open access mandates, society publishers indicate that they feel most threatened by the emergence of institutional repositories and the self-archiving mandates that these make possible. More attention should be paid to the impact of e-Science, the rise of internet-based guild publishers and the entrance of players from the new economy. Society journals should stop aspiring to such functions as registration and archiving and should shed electronic dissemination, while enhancing certification and investing in (new) navigation services. In the Philosophical Transactions, Henry Oldenburg (or: Oldenbourg) in 1665 provided the model of academic journal publishing, conjoining dissemination and certification, and setting up the journal as a register and archive of knowledge claims. With the internet, however, the time has come to step out of Oldenburg's long shadow. From the table of contents: Moving out of Oldenburg's long shadow; The technology and economics of internet-based scholarly communication; The impact on societies; What is the role for mission-oriented publishers?; Faculty reluctance?; Shifting from 'content' to 'service'.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"513 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133634145","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 Pseudoscientific Nature of the Justice System and the Paths Towards Scientific Knowledge Processes that Lead to Universal Justice Patterns","authors":"Orlando I. Martínez-García","doi":"10.2139/ssrn.1104522","DOIUrl":"https://doi.org/10.2139/ssrn.1104522","url":null,"abstract":"This article correlates all the deficiencies made by LatCrit theory and similar antecedent movements to the pseudo-scientific nature of the justice system. Evaluation of pseudo-scientific characteristics of the justice system is presented to illustrate how existing knowledge processes of this system perpetuate patterns of subordination. The pseudo-scientific nature of the system promotes complexity which is a form of high entropy that obstructs the development of knowledge processes which promote substantive security. A knowledge process traditionally used in the sciences with success is proposed with novel paths towards transforming the nature of the justice system. The proposed paths aspires to organize, clean and screen repetitive, accumulative and artificial norms that affect the efficiency of knowledge processes through qualitative and quantitative methods for the visualization and analysis of data that leads to universal justice patterns. The method proposed is open, interdisciplinary, multidimensional, and universal borrowing from the periodic table of the elements, and the theories of chaos-complexity, narrative content analysis, social network analysis and fractals.","PeriodicalId":337841,"journal":{"name":"Legal Education eJournal","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125745752","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}