Journal of Legal Education最新文献

{"title":"Embedding E-portfolios in a Law Program: Lessons from an Australian Law School","authors":"V. Waye, M. Faulkner","doi":"10.2139/SSRN.2356706","DOIUrl":"https://doi.org/10.2139/SSRN.2356706","url":null,"abstract":"Educating Lawyers: Preparation for the Profession of Law and Best Practices for Legal Education challenged American law schools to re-examine the rationales and outcomes of legal education. While the former report focused on the development of professional identity and values, the latter focused upon the pedagogical means legal educators might deploy to develop the skills and ethical responsibilities that law school graduates would be required to demonstrate in legal practice.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"61 1","pages":"560"},"PeriodicalIF":0.2,"publicationDate":"2013-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68135520","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":"Law School as Liberal Education","authors":"Sherman J. Clark","doi":"10.2139/SSRN.2353072","DOIUrl":"https://doi.org/10.2139/SSRN.2353072","url":null,"abstract":"The president of a liberal arts college, if asked why college is worthwhile, would be able to respond on several levels. He or she would certainly say something about the value of the degree as a credential to help students get a job or get into graduate school. In addition, he or she would likely emphasize the professional value of the skills and capacities developed through a liberal education, which can help students succeed at work or in graduate school. More deeply, however, we would expect that he or she would have something to say about the intrinsic value of the education and experience itself — why a thoughtful person might want to go to college, apart from the work it might help one get or do.I believe that something similar can be said about law school. The legal academy and profession are confronting difficult questions about the value of legal education — about whether and how law school is worthwhile. Most of this conversation appropriately focuses on the commercial and professional value of a legal education because that is the main reason people go to law school — to qualify and prepare for careers. Here, I hope to add to the conversation by considering a set of ways in which law school, like a liberal arts undergraduate education, may be valuable to a thoughtful person apart from its instrumental value in qualifying and preparing one for work. How might legal education help one to thrive, to live a full and satisfying and meaningful life?I recognize that framing the question in this way may create some skepticism. Indeed, vague talk about liberal education in the face of concrete realities, such as escalating tuition and unclear job prospects, warrants skepticism. Moreover, thinking about law school and thriving requires a willingness to think about what it means to thrive: Who are we to say what it might mean for any given person to live a full and satisfying life? But if we are to be thoughtful about the impact of law school on the quality of lives, we must be willing to think at least tentatively about what makes for quality in life. All we can do — indeed, what I think we have an obligation to do — is to try to be as thoughtful as we can about the ways in which legal education also may be valuable education for life, even if not every student will appreciate that deeper value, and even if it proves more difficult to describe than its more obvious professional benefits.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"63 1","pages":"235"},"PeriodicalIF":0.2,"publicationDate":"2013-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68131924","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}

{"title":"Crisis in the Classroom: Using Simulations to Enhance Decision-Making Skills","authors":"S. Boyne","doi":"10.2139/SSRN.2103603","DOIUrl":"https://doi.org/10.2139/SSRN.2103603","url":null,"abstract":"Criticism leveled against the traditional law school curriculum, which has been principally based on the Langdellian appellate case method, has been on the rise during the past two decades. Factual investigation, communication, and negotiation skills are among the key skills underrepresented in the traditional curriculum. As law schools move to fill this gap, some law schools have adopted simulations typically used to train government and military personnel to hone students problem-solving and decision-making skills. Borrowing on a model honed at the S. J. Quinney School of Law at the University of Utah law school, I describe the challenges and benefits that I encountered in developing and implementing a counter-terrorism simulation involving law students as well as undergraduate public policy students.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"62 1","pages":"311"},"PeriodicalIF":0.2,"publicationDate":"2012-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67912876","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":"Engaging First-Year Law Students Through Pro Bono Collaborations in Legal Writing","authors":"M. Bowman","doi":"10.2139/SSRN.1970024","DOIUrl":"https://doi.org/10.2139/SSRN.1970024","url":null,"abstract":"This article recommends developing assignments for first-year legal writing courses through collaborations with legal services organizations. The article stems from and describes such ongoing projects at Seattle University School of Law, where several hundred first-year law students have worked on such projects so far. We have partnered with lawyers at organizations like the National Employment Law Project, the ACLU of Washington, and Northwest Justice Project, to come up with live issues that they would like to have researched, and they received the best student work product from each class. The partner organizations have used the students’ work in several ways, including bringing successful impact litigation, preparing amicus briefs, and lobbying for legislative changes. These projects have increased our students’ understanding of the importance of legal research and writing, have motivated our students to improve their work product, and have helped the students gain a different perspective than they often see within the first-year curriculum. The article contextualizes these projects within the traditional legal writing curriculum and the Carnegie Report’s recommendations that law schools join lawyering professionalism and legal analysis from the beginning of law school. The article also draws on research into student engagement, including the Law School Survey of Student Engagement. The article discusses the literature regarding somewhat similar collaboration between legal writing and clinical faculty within the law school; these projects are complementary, but they have fewer timing challenges, are less resource-intensive for the law school, and they provide an opportunity to connect the law school with lawyers from community partner organizations. Finally, the article offers some concrete practical solutions to potential challenges in implementing these projects, including making sure that core legal writing objectives are met through the projects and how to teach the projects effectively to first-year students.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"62 1","pages":"586"},"PeriodicalIF":0.2,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67818599","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 Future of Animal Law: Moving Beyond Preaching to the Choir","authors":"Megan A. Senatori, Pamela D. Frasch","doi":"10.5565/rev/da.190","DOIUrl":"https://doi.org/10.5565/rev/da.190","url":null,"abstract":"3. The field of animal law, like other fields of study, does not have a uniform philosophical point of view, but rather, is taught from numerous diverse and compelling vantage points. For purposes of this article, however, we will focus on those academics, practitioners, and students in the field who view animal law’s development as one means to enhance animal protection by fostering discussion and debate over society’s treatment of animals. Unless otherwise indicated, the term “animal law” in this article will be synonymous with those in the field who seek, through the legal system, additional protections for and more compassionate treatment of animals.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"60 1","pages":"209"},"PeriodicalIF":0.2,"publicationDate":"2011-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71037339","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":"Teaching Negotiation Ethics","authors":"A. Hinshaw","doi":"10.2139/SSRN.1748710","DOIUrl":"https://doi.org/10.2139/SSRN.1748710","url":null,"abstract":"The teaching of negotiation ethics is not necessarily a happy endeavor. The black letter law of negotiation ethics leaves many instructors feeling unsettled because students find the take home lesson to be that deceit, misdirection, dissembling, and lying are “ethical.” If we simply focus on the black letter law without putting negotiations in a broader context of interpersonal interactions and procedural justice, we set our students up for hard lessons once they are in practice. This article presents several methods of helping professors teach negotiation ethics with greater depth and sensitivity, focusing on approaches that are more likely to resonate with students and instructors – even those instructors who have difficulty understanding what it is about routine bargaining that some find so troubling.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"63 1","pages":"82"},"PeriodicalIF":0.2,"publicationDate":"2011-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67732372","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":"Introduction to Lawyering: Teaching First-Year Students to Think Like Professionals","authors":"Nancy Maurer, L. Mischler","doi":"10.2139/SSRN.1726598","DOIUrl":"https://doi.org/10.2139/SSRN.1726598","url":null,"abstract":"This article describes Albany Law School’s first year interdisciplinary \"Introduction to Lawyering\" course and offers a prototype for other law schools to introduce students to essential skills and values of the profession from the first day of law school. The course, which debuted in 1991, engages first year students in problem solving and client-centered decision-making, along with traditional legal research, writing, and analysis skill in context. Students are placed into \"firms\" representing parties in a year-long simulated legal dispute. They participate in client interviewing, fact investigation, discovery, alternative dispute resolution, oral advocacy, research, writing, analysis, and drafting in the course of representing a \"client\". At the same time, students are introduced to the legal system, ethics and values of the profession in context as they begin to form their professional identities.","PeriodicalId":39591,"journal":{"name":"Journal of Legal Education","volume":"45 1","pages":"96-115"},"PeriodicalIF":0.2,"publicationDate":"2010-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67728719","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}