Journal of Legal Education最新文献

{"title":"Cases and Places: A Field-Based Approach to Teaching Natural Resource and Environmental Law","authors":"Karrigan S. Bork, Kurtis C. Burmeister","doi":"10.2139/ssrn.3253986","DOIUrl":"https://doi.org/10.2139/ssrn.3253986","url":null,"abstract":"","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"68 1","pages":"338"},"PeriodicalIF":0.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68578471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Elite Teaching the Elite: Who Gets Hired by the Top Law Schools?","authors":"E. Segall, Adam D. Feldman","doi":"10.2139/SSRN.3279878","DOIUrl":"https://doi.org/10.2139/SSRN.3279878","url":null,"abstract":"Do you want to teach at a top 25 law school? If so, you had better excel at something you will encounter years before you will even consider applying to be a law professor. Something that has no relationship at all to the skills academics need. You better score extremely high on the Law School Admissions Test (LSAT) (or now at some schools the GRE). If you don’t score towards the very top, you will likely not be admitted to a top 10 ranked law school. And if you do not attend a top 10 ranked law school, no matter what you accomplish during the school you do attend (even a top 20 school) or afterwards, your chances of teaching at a top law school are virtually non-existent. The reality is that by far the most important credential one needs to teach at a top law school is to attend a top law school. The elite, teaching the elite, who will then teach more elites.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"68 1","pages":"614"},"PeriodicalIF":0.2,"publicationDate":"2018-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46998288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Simple Low-Cost Institutional Learning-Outcomes Assessment Process","authors":"A. Curcio","doi":"10.31228/osf.io/3az5n","DOIUrl":"https://doi.org/10.31228/osf.io/3az5n","url":null,"abstract":"Law school institutional learning outcomes require measuring nuanced skills that develop over time. Rather than look at achievement just in our own courses, institutional outcome-measures assessment requires collective faculty engagement and critical thinking about our students’ overall acquisition of the skills, knowledge, and qualities that ensure they graduate with the competencies necessary to begin life as professionals. Even for those who believe outcomes assessment is a positive move in legal education, in an era of limited budgets and already over-burdened faculty, the new mandated outcomes assessment process raises cost and workload concerns. This essay addresses those concerns. It describes a relatively simple, low-cost model to measure institutional law school learning outcomes that does not require any initial changes in individual faculty members’ pedagogical approach or assessment methods. It explains how a rubric method, used by the Association of American Colleges and Universities [AAC&U] and medical educators to assess a wide range of nuanced skills such as critical thinking and analysis, written and oral communication, problem-solving, intercultural competence, teamwork, and self-reflection, could be adapted by law schools. The essay explains a five-step institutional outcomes assessment process: 1. Develop rubrics for institutional learning outcomes that can be assessed in law school courses; 2. Identify courses that will use the rubrics; 3. Ask faculty in designated courses to assess and grade as they usually do, adding only one more step – completion of a short rubric for each student; 4. Enter the rubric data; and 5. Analyze and use the data to improve student learning. The essay appendix provides sample rubrics for a wide range of law school institutional learning outcomes. This outcomes assessment method provides an option for collecting data on institutional learning outcomes assessment in a cost-effective manner, allowing faculties to gather data that provides an overview of student learning across a wide range of learning outcomes. How faculties use that data depends upon the results as well as individual schools’ commitment to using the outcomes assessment process to help ensure their graduates have the knowledge, skills and values necessary to practice law.Citation: Andrea A. Curcio, A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, 67 J. Legal Educ. 489 (2018).","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"67 1","pages":"489-530"},"PeriodicalIF":0.2,"publicationDate":"2018-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47260274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Sharpest Tool in the Toolbox: Visual Legal Rhetoric","authors":"Michael D. Murray","doi":"10.2139/SSRN.3040952","DOIUrl":"https://doi.org/10.2139/SSRN.3040952","url":null,"abstract":"Journal of Legal Education, vol. 68, no. 1 (2019) \u0000 \u0000Visual briefs and other forms of visual rhetoric in legal communication may eventually become the norm in legal practice because of the enormous communicative and rhetorical power of visual media. Brain science demonstrates that visual devices work rapidly, almost immediately, to communicate ideas and attain the audience’s adherence to the meaning and truth of the ideas communicated, and thus to persuade the audience of the truth and propriety of the speaker’s communication. Visual representation is also associated with greater perception, comprehension, and retention of information. Visual imagery is not only faster than words, it is better than words. \u0000 \u0000Law students and lawyers should be aware that the tool of visual rhetoric is very sharp, and because of the audience’s pre-cognitive and cognitive brain functions in interpreting and understanding the message of visual works, which often process and draw meaning, reactions, and motivations from images without active “thinking,” the sharpness cuts in multiple directions. These attributes require special attention so as to avoid intentional or inadvertent misleading of the audience when using visual rhetorical devices. \u0000 \u0000This Article offers guidance with regard to: \u0000 \u0000(A) the analysis of when to use or not use a visual rhetorical device; \u0000 \u0000(B) the concept of mise en scene and the manipulation of visual devices; \u0000 \u0000(C) the decision to use color or not to use color; and \u0000 \u0000(D) the advisability of focus groups, and testing a visual device before a wider and more diverse test audience.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"68 1","pages":"64"},"PeriodicalIF":0.2,"publicationDate":"2018-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43873370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rescuing Pluto from the Cold: Creating an Assessment-Centered Legal Education","authors":"S. Friedland","doi":"10.2139/SSRN.3019431","DOIUrl":"https://doi.org/10.2139/SSRN.3019431","url":null,"abstract":"This article uses principles of design theory and high-impact practices to explore how to move assessment from the outsider place it usually occupies in traditional legal education to an insider position. When assessment is reframed as a tool to engage, monitor, and evaluate important practices, it becomes an insider in both status and function, promoting both an assessment-centric learning environment and robust feedback.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"67 1","pages":"592"},"PeriodicalIF":0.2,"publicationDate":"2017-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49483612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Increasing Diversity by a New Master’s Degree in Legal Principles","authors":"J. Hersch","doi":"10.2139/SSRN.3024230","DOIUrl":"https://doi.org/10.2139/SSRN.3024230","url":null,"abstract":"Students who leave their JD program before graduation leave empty handed, without an additional degree or other credential indicating that their law school studies had any professional, educational, or marketable value. The absence of such a credential combines with the substantial risks and costs associated with law school education to discourage risk averse students from applying. The adverse impacts of these risks may be especially great for lower income students who have fewer financial resources to draw on and less information about their fit with legal education and the legal profession. I propose that law schools award a master’s degree to students who successfully complete the 1L curriculum but leave before completing the full JD curriculum. My suggested name for this degree is Master of Legal Principles (MLP). This degree option will lower the risks associated with law school enrollment as well as provide a valuable and largely-standardized employment credential. Using detailed educational data from the National Survey of College Graduates (NSCG), I show that the lack of field-specific training provided by undergraduate majors impedes learning about the likely fit of potential students with the law school curriculum and the legal profession. Using labor market data from the U.S. Department of Labor’s Occupational Information Network (O*NET), I document a wide range of occupations for which the MLP degree would be appropriate, in that these occupations draw on legal knowledge but do not require a JD degree. Without the debt associated with the full JD curriculum, those with the MLP will be positioned to provide limited legal services at a lower cost, thus increasing access to justice. The expanded degree offering of an MLP degree also will benefit law schools by attracting more, and more diverse, applicants.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"67 1","pages":"86"},"PeriodicalIF":0.2,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47020328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Reader's Guide to Pre-Modern Procedure","authors":"David L. Noll","doi":"10.2139/SSRN.2587358","DOIUrl":"https://doi.org/10.2139/SSRN.2587358","url":null,"abstract":"Many sources describe the general badness of procedural systems that predated the Federal Rules of Civil Procedure but few describe how those systems actually worked. This essay — intended as a reference for law students, law professors, and anyone else required to read and make sense of archaic judicial opinions — does just that.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"65 1","pages":"414-427"},"PeriodicalIF":0.2,"publicationDate":"2015-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68213996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bramble Bush Revisited: Karl Llewellyn, the Great Depression, and the First Law School Crisis, 1929-1939","authors":"A. Walker","doi":"10.2139/SSRN.2325022","DOIUrl":"https://doi.org/10.2139/SSRN.2325022","url":null,"abstract":"This article recovers the plight of legal education during the Great Depression, showing how debates over practical training, theoretical research and the appropriate length of law school all emerged in the 1930s. Using Bramble Bush author Karl Llewellyn as a guide, it strives to make three points. One, Depression-era critics of law school called for increased attention to practical skills, like today, but also a more inter-disciplinary curriculum – something current reformers discount. Two, the push for theoretical, policy-oriented courses in the 1930s set the stage for claims that law graduates deserved more than a Bachelor of Laws degree, bolstering the move away from a two year LL.B. and towards a mandatory three year Juris Doctor, or J.D. The rise of the J.D. following World War II, this article concludes, heightened the role of inter-disciplinary work in the first three years, even as it substantially diminished the role of advanced, graduate-level research, a point worth recalling as law school reformers, the ABA and, even the President of the United States lobby for shorter, more-practice oriented programs. While such proposals may be prudent, they may also warrant a return to plural law degrees.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"64 1","pages":"145-180"},"PeriodicalIF":0.2,"publicationDate":"2013-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2325022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68105143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What's in a Name? Would a Rose by Any Other Name Really Smell as Sweet?","authors":"S. J. Willbanks","doi":"10.2139/SSRN.2268000","DOIUrl":"https://doi.org/10.2139/SSRN.2268000","url":null,"abstract":"What do William Shakespeare, Charles Dickens, Lewis Carroll, and Robert Frost have in common? All are common sources for law review article titles. This compendium of titles will not necessarily help you decide on the title for your next article, but it will at least provide amusement and help you delay until another day that which you ought to be doing today. As one would expect, the works of William Shakespeare provide a myriad of titles and phrases well suited to law review article titles. So do the works of Charles Dickens. Somewhat surprisingly Hamlet is more popular than Macbeth and A Tale of Two Cities more popular than Bleak House. There are far fewer references to James Bond and Dr. Seuss than you might imagine.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"10 1","pages":"647"},"PeriodicalIF":0.2,"publicationDate":"2013-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2268000","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68047285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analyzing Carnegie's Reach: The Contingent Nature of Innovation","authors":"Stephen Daniels, William M. Sullivan, Martin J. Katz","doi":"10.2139/SSRN.2209278","DOIUrl":"https://doi.org/10.2139/SSRN.2209278","url":null,"abstract":"Our interest is curricular innovation, with a focus on the recommendations of the 2007 Carnegie report – Educating Lawyers. Recognizing that meaningful reform requires an institutional commitment, our interest also includes initiatives in the areas of faculty development and faculty incentive structure that would support curricular innovation. Additionally, we are curious as to what might explain change and whether certain school characteristics will do so or whether external factors that challenge legal education offer an explanation. To explore these issues we surveyed law schools (a 60.5% response rate). The results show that while there is much activity in the area of curriculum – including the key matters of lawyering, professionalism, and especially integration – there is much less in the important areas of faculty development and faculty incentive structure. School characteristics, including rank, do not provide a sufficient explanation for the patterns emerging from the survey’s results. Additionally, activity by law schools with regard to curriculum, faculty development, and faculty professional activity is not simply a response to external challenges either. However, it appears that those pressures are providing a potential window of opportunity for innovation, reinforcing the need for change, and accelerating its pace.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"63 1","pages":"585"},"PeriodicalIF":0.2,"publicationDate":"2013-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2209278","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67992069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}