scholarly journals A Medical/Legal Teaching and Assessment Collaboration on Domestic Violence: Assessment Using Standardized Patients/Standardized Clients

2014 ◽  
Vol 14 ◽  
pp. 61 ◽  
Author(s):  
Antoinette Sedillo Lopez ◽  
Cameron Crandall ◽  
Gabriel Campos ◽  
Diane Rimple ◽  
Mary Neidhart ◽  
...  
Keyword(s):  
Best Practices ◽  
Legal Education ◽  
Standardized Patients ◽  
Law School ◽  
Learning Objectives ◽  
Carnegie Foundation ◽  
Law Schools ◽  
Knowledge And Skills ◽  
Education Association ◽  
Standardized Clients

<p>Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use “outcome-based” assessments, i.e., using learning objectives  and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students’ performances to each other. </p>

scholarly journals Best Practices for the Law of the Horse: Teaching Cyberlaw and Illuminating Law Through Online Simulations

2016 ◽  
Author(s):  
Ira Steven Nathenson
Keyword(s):  
Best Practices ◽  
Legal Education ◽  
Role Playing ◽  
School Curriculum ◽  
Law School ◽  
Law Schools ◽  
Direct Response ◽  
Legal Doctrine ◽  
Online Simulations ◽  
The Law

In an influential 1996 article entitled Cyberspace and the Law of the Horse, Judge Frank Easterbrook mocked cyberlaw as a subject lacking in cohesion and therefore unworthy of inclusion in the law school curriculum. Responses to Easterbrook, most notably that of Lawrence Lessig in his 1999 article The Law of the Horse: What Cyberlaw Might Teach, have taken a theoretical approach. However, this Article — also appropriating the “Law of the Horse” moniker — concludes that Easterbrook’s challenge is primarily pedagogical, requiring a response keyed to whether cyberlaw ought to be taught in law schools. The Article concludes that despite Easterbrook’s concerns, cyberlaw presents a unique opportunity for legal educators to provide capstone learning experiences through role-playing simulations that unfold on the live Internet. In fact, cyberlaw is a subject particularly well-suited to learning through techniques that immerse students in the very technologies and networks that they are studying. In light of recommendations for educational reform contained in the recent studies Best Practices for Legal Education and the Carnegie Report, the Article examines the extent to which “Cybersimulations” are an ideal way for students to learn — in a holistic and immersive manner — legal doctrine, underlying theory, lawyering skills, and professional values. The Article further explains how the simulations were developed and provides guidance on how they can be created by others. The Article concludes with a direct response to Easterbrook, arguing that cyberlaw can indeed “illuminate” the entire law.

Lon Fuller: A Progenitor of the Pedagogy of Skills?

2021 ◽  
pp. 120-124
Author(s):  
Becky L. Jacobs
Keyword(s):  
Best Practices ◽  
Task Force ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
Field Placement ◽  
Legal Ethics ◽  
Credit Hours ◽  
The Future ◽  
Bar Association

This essay examines Professor Fuller’s Mediation—Its Forms and Functions article for passages that describe a number of the specific skills that students learn in law school mediation courses today and that reflect his recognition of, and admiration for, their essentiality. Professor Fuller passed away in 1978, long before the legal academy’s reorientation toward a pedagogy of skills. Influenced by the MacCrate and Carnegie Reports and Roy Stuckey’s Best Practices and by the recommendations of its Task Force on the Future of Legal Education, the American Bar Association (ABA) approved Standard 303 in 2014, pursuant to which law schools must offer a curriculum that requires each student to satisfactorily complete six credit hours of experiential course(s) in the form of a simulation course, a law clinic, or a field placement that “integrate(s) doctrine, theory, skills, and legal ethics, and [that] engage[s] students in performance of … professional skills. …” (ABA Standard 303(a)(3)(i), 2017–18)....

scholarly journals Specialist Legal Clinics: their pedagogy, risks and payoffs as externships

2015 ◽  
Vol 22 (2) ◽  
pp. 147 ◽  
Author(s):  
Adrian Evans ◽  
Ross Hyams
Keyword(s):  
Best Practices ◽  
Clinical Outcomes ◽  
Clinical Setting ◽  
Legal Education ◽  
School Management ◽  
Law School ◽  
Law Schools ◽  
Advantages And Disadvantages ◽  
The Moment

<p>Within clinical legal education there is a great deal of discussion at the moment about externships. Part of the motivation for all this conversation is the desire of law schools to get in on the clinical ‘act’ as inexpensively as possible. Some law Deans have the view that they can outsource clinics to firms and agencies and achieve reputable clinical outcomes with little or no expenditure. We beg to differ and in this article we explain why law school management of an externship experience is resource intensive and nearly as complicated as an in-house clinic. It may be less expensive, but an externship can never be set and forgotten.</p>We also discuss the peculiarities of specialist externships, since many externship sites are in fact specialist legal practices. In fact, the attraction of an externship is the access it provides for students to participate in a specialised area of law, while overseen by specialist lawyers. We set out in detail the advantages and disadvantages of operating such placements and connect these to the recent Australian <em>Best Practices</em> in clinical legal education. To begin with however, we need to define some terms as they are used in an Australian clinical setting.

Affirmative Action and Aboriginal Government: The Case for Legal Education in Nunavut

1999 ◽  
Vol 14 (2) ◽  
pp. 21-75 ◽  
Author(s):  
Kelly Gallagher-Mackay
Keyword(s):  
Justice System ◽  
Critical Mass ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
Disadvantaged Communities ◽  
The Public ◽  
Education Gap ◽  
The University ◽  
And Training

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.

scholarly journals Law School as Social Innovation

2017 ◽  
Vol 48 (2) ◽  
pp. 225
Author(s):  
Lorne Sossin
Keyword(s):  
Student Learning ◽  
Public Interest ◽  
Social Innovation ◽  
Learning Experience ◽  
Legal Education ◽  
Rapid Change ◽  
Law School ◽  
Legal Knowledge ◽  
Law Schools ◽  
The Face

Legal education is in the midst of a range of challenges and disruptions. This address outlines these dynamics, and explores the potential of social innovation as a model for law schools which both responds to current challenges and enhances resilience in the face of disruption. By reframing legal education as facing outward, and advancing its public interest mandate through partnerships, collaboration and academic initiatives designed to solve social problems, law schools can enhance the student learning experience, generate new forms of legal knowledge and thrive at a time of rapid change. Address delivered at the Australian Law Teachers Association (ALTA) 2016 Conference in Wellington on 8 July 2016.

scholarly journals A NEW MINORITY? International JD Students in US Law Schools

2019 ◽  
Vol 44 (03) ◽  
pp. 647-678 ◽  
Author(s):  
Swethaa S. Ballakrishnen ◽  
Carole Silver
Keyword(s):  
International Students ◽  
Minority Students ◽  
Minority Group ◽  
Legal Education ◽  
Institutional Context ◽  
Law School ◽  
Law Schools ◽  
School Environments ◽  
Ways Of Being ◽  
International Status

This Article reveals the significance of a new and growing minority group within US law schools—international students in the Juris Doctor (JD) program. While international students have received some attention in legal education scholarship, it mostly has been focused on their participation in the context of programs specially designed for this demographic (e.g. postgraduate programs like the LLM and SJD). Drawing from interview data with fifty-eight international JD students across seventeen graduating US law schools, our research reveals the rising importance of international students as actors within a more mainstream institutional context. In examining the ways these students navigate their law school environments, we find that although international status often impacts identity and participation, not all students encounter its impact similarly. Particularly, while some students use the identity to their advantage, others cannot escape negative implications, even with effort. This is consistent with other scholarship on minority students, and adds to a growing literature that uses their socialization experiences to better understand professional stratification. To unpack these different ways of “being international,” we borrow from Goffman’s theorization of stigma to suggest illustrative variations in the ways international students experience their environments. In doing so, we offer an introductory landscape to better understand this growing population and hope this enables new insights to theorize about other kinds of minority experience.

Innovation and Disruption: Exploring the Potential of Clinical Legal Education

2020 ◽  
Vol 27 (3) ◽  
pp. 5-32
Author(s):  
Mary Anne Noone
Keyword(s):  
Digital Technology ◽  
Legal Education ◽  
Legal Profession ◽  
Law School ◽  
Access To Justice ◽  
Law Schools ◽  
Government Decision ◽  
Growing Body ◽  
Clinical Program ◽  
Real Challenge

It’s a great privilege to deliver this year’s Susan Campbell Oration. I, like many others, had the pleasure of working with Sue on a range of activities. In 2007, Sue conducted a review of the La Trobe Law School Clinical program which was instrumental in helping ensure the program remained an integral aspect of the La Trobe University law course. I hope what I have to say honours Sue’s memory and her contributions to legal education and clinical legal education in particular2.  My focus in this presentation is on how Australian clinical legal education responds to the various innovations and disruptions occurring in the legal arena. The scope and breadth of innovations is mindboggling. There are many predictions about what the future holds for the legal profession, from gloom and doom to utopia, and there is a growing body of literature discussing the implications for the legal profession and legal education. In reality, it is impossible to envisage what the legal world will look like in ten years let alone thirty and that poses a real challenge for those involved in legal education, including clinical legal education. How best to prepare today’s students for the unknown future?  Given that I have no expertise in digital technology and am certainly not a futurologist my comments relate to those areas about which I have some background: access to justice, social security and clinical legal education.  I briefly outline the variety and scope of innovations occurring in the legal world, discuss two related aspects namely access to justice and government decision making, using the example of Robodebt, and then examine the potential for clinical legal education in these disruptive times. I argue that clinical legal education is well placed to take a more central role in Australian law schools and the training of 21st century legal workers. 

The Proliferation of Case Method Teaching in American Law Schools: Mr. Langdell's Emblematic “Abomination,” 1890-1915

2006 ◽  
Vol 46 (2) ◽  
pp. 191-247 ◽  
Author(s):  
Bruce A. Kimball
Keyword(s):  
Higher Education ◽  
Professional Education ◽  
Legal Education ◽  
The United States ◽  
Law School ◽  
Case Method ◽  
Law Schools ◽  
American Higher Education ◽  
American Law ◽  
Law Professors

Case method teaching was first introduced into American higher education in 1870 by Christopher C. Langdell (1826-1906) of Harvard Law School (HLS), where it became closely associated with—and emblematic of—a set of academic meritocratic reforms. Though regnant today, “the ultimate triumph of [Langdell's] system was not apparent” for many years. The vast majority of students, alumni, and law professors initially derided it as an “abomination,” and for two decades case method and the associated reforms were largely confined to Harvard. During the subsequent twenty-five years between 1890 and 1915, a national controversy ensued as to whether case method teaching—and the concomitant meritocratic reforms—would predominate in legal education and, ultimately, professional education in the United States.

scholarly journals Law School Learning Outcomes: Legal English Course Contribution

2021 ◽  
Vol 66 (1) ◽  
pp. 135-146
Author(s):  
Elena Vyushkina
Keyword(s):  
Learning Outcomes ◽  
Legal Education ◽  
Oral Communication ◽  
Professional Associations ◽  
Field Studies ◽  
Law School ◽  
Law Schools ◽  
Legal Writing ◽  
American Law ◽  
Russian Law

Abstract Standards of professional legal education are developed by different organizations: in some countries these are governmental bodies, in others these are professional associations. Apart from a country these standards include Learning Outcomes which shape law schools’ curricula. Both American and European standards mention, to different extent, written and oral communication in the legal context, but a number and contents of subjects directed at developing and mastering professional communicative competency differ a lot. There are disciplines totally devoted to the competency named (e.g. legal writing) as well as courses in which communicative skills are an integral constituent for their successful completion (e.g. basis of negotiations/mediation/client consultation). The article goal is to find a place and role of a Legal English (LE) course in achieving learning outcomes connected with professional communicative competence. The methodology incorporated desk and field studies. The literature review is aimed at identifying current state of affairs in American law schools, as they provide first-class legal education recognized all over the world, and in Russian law schools, as the author works in this system and is interested in its development. A questionnaire was designed to explore Russian law school graduates’ assessment of practicality of subjects they had studied for their professional activities. The analysis of literature and Internet sources allowed to specify the ways of teaching written and oral communication in American law schools and to highlight the situation in Russian legal education. It shows that the Russian system is characterized by predominance of teaching theory of substantive and procedural rules of law and lack of curriculum disciplines aimed at cultivating skills and competencies. A survey of Russian law schools’ recent graduates indicates that most of communicative, in a broad sense, skills, which they use in their everyday work, were obtained within their LE classes. So, complementing a LE course with modules devoted to different aspects of legal writing and specific patterns of lawyer-client, lawyer-lawyer, lawyer-judge communication will definitely contribute to achieving learning outcomes which are put forward by legal education standards.

scholarly journals Responsible Solutions

2014 ◽  
Vol 2 (2) ◽  
pp. 215-245
Author(s):  
Jay Sterling Silver
Keyword(s):  
Middle Class ◽  
Task Force ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
The Poor ◽  
Economic Forces ◽  
The Law ◽  
The Rich ◽  
Conducting Research

At the end of Brian Tamanaha’s instant classic, Failing Law Schools, tracing the economic forces behind exorbitant law school tuition and graduate debt and unemployment, he lays out his plan to help resolve the crisis. He would eliminate tenure, dispense with the final year of law school, rely heavily on adjuncts and apprenticeships, and loosen the ABA accreditation standards mandating “one-size-fitsall” law schools to allow the marketplace to fashion more affordable models of legal education. Some schools would remain in the traditional, three-year mode, with faculty conducting research. Others would morph into, or spring up spontaneously as, the “law school parallel . . . of vocational colleges.” Very candidly, Tamanaha explained that the “two-year law schools . . . would be dumping grounds for the middle class and the poor . . . . Few children of the rich will end up in these law schools.” He calls the plan “‘differentiated’ legal education.” Others, including Paul Campos, founder of the Inside the Law School Scam web blog and author of Don’t Go To Law School (Unless), and the ABA Task Force (“Task Force”) on the Future of Legal Education, have endorsed Tamanaha’s prescription.

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