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Cases and Places: A Field-Based Approach to Teaching Natural Resource and Environmental Law 案例与场所:自然资源与环境法的实地教学方法
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2019-01-01 DOI: 10.2139/ssrn.3253986
Karrigan S. Bork, Kurtis C. Burmeister
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引用次数: 0
The Elite Teaching the Elite: Who Gets Hired by the Top Law Schools? 精英教精英:谁能被顶尖法学院聘用?
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2018-11-06 DOI: 10.2139/SSRN.3279878
E. Segall, Adam D. Feldman
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.
你想在排名前25的法学院教书吗?如果是这样,在你考虑申请成为一名法学教授之前,你最好在一些你会遇到的事情上表现出色。一些与学术所需的技能毫无关系的东西。你最好在法学院入学考试(LSAT)中取得非常高的分数(现在有些学校是GRE)。如果你的分数不是很高,你很可能不会被排名前10的法学院录取。如果你没有进入排名前10的法学院,无论你在这所学校(即使是排名前20的学校)或之后取得了什么成就,你在顶级法学院教书的机会几乎是不存在的。现实情况是,到目前为止,在顶级法学院任教最重要的证书是进入顶级法学院。精英,教精英,然后他们会教更多的精英。
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引用次数: 6
A Simple Low-Cost Institutional Learning-Outcomes Assessment Process 一个简单的低成本机构学习成果评估过程
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2018-06-06 DOI: 10.31228/osf.io/3az5n
A. Curcio
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).
法学院的机构学习成果需要衡量随着时间的推移而发展的细微技能。机构成果衡量评估不只是着眼于我们自己课程中的成就,而是需要教师集体参与,并对学生的技能、知识和素质的整体获取进行批判性思考,以确保他们毕业时具备开始专业生涯所需的能力。即使对于那些认为成果评估是法律教育的积极举措的人来说,在预算有限、教师负担过重的时代,新规定的成果评估程序也引发了成本和工作量的担忧。这篇文章解决了这些问题。它描述了一种相对简单、低成本的模式来衡量机构法学院的学习成果,不需要对个别教师的教学方法或评估方法进行任何初步改变。它解释了美国学院和大学协会[AAC&U]和医学教育工作者使用的一种评估各种细微技能的量规方法,如批判性思维和分析、书面和口头沟通、解决问题、跨文化能力、团队合作和自我反思,如何被法学院所采用。本文阐述了制度成果评估的五个步骤:1。制定可在法学院课程中评估的机构学习成果准则;2.确定将使用量规的课程;3.要求指定课程的教师像往常一样进行评估和评分,只增加一个步骤——为每个学生完成一个简短的量规;4.输入量规数据;和5。分析并使用数据来改善学生的学习。论文附录提供了法学院机构学习成果的样本准则。这种成果评估方法提供了一种以成本效益高的方式收集机构学习成果评估数据的选择,使学院能够收集数据,概述学生在各种学习成果中的学习情况。学院如何使用这些数据取决于结果,以及个别学校是否致力于使用结果评估程序来帮助确保毕业生具备从事法律工作所需的知识、技能和价值观。引文:Andrea A.Curcio,《一个简单的低成本机构学习成果评估过程》,法律教育杂志第67期。489(2018)。
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引用次数: 0
The Sharpest Tool in the Toolbox: Visual Legal Rhetoric 工具箱中最锋利的工具:视觉法律修辞
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2018-01-22 DOI: 10.2139/SSRN.3040952
Michael D. Murray
Journal of Legal Education, vol. 68, no. 1 (2019) Visual 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. Law 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. This Article offers guidance with regard to: (A) the analysis of when to use or not use a visual rhetorical device; (B) the concept of mise en scene and the manipulation of visual devices; (C) the decision to use color or not to use color; and (D) the advisability of focus groups, and testing a visual device before a wider and more diverse test audience.
《法律教育杂志》,第68卷,第1期(2019)由于视觉媒体的巨大传播力和修辞力,法律传播中的视觉简报和其他形式的视觉修辞最终可能成为法律实践中的规范。脑科学表明,视觉设备可以快速、几乎立即地传达想法,让观众坚持所传达想法的含义和真实性,从而说服观众相信说话者沟通的真实性和恰当性。视觉表现也与更好的感知、理解和保留信息有关。视觉图像不仅比文字快,而且比文字好。法律专业的学生和律师应该意识到,视觉修辞的工具是非常敏锐的,由于观众在解释和理解视觉作品信息时的前认知和认知大脑功能,通常在没有主动“思考”的情况下从图像中处理和提取意义、反应和动机,因此其敏锐性是多个方向的。这些属性需要特别注意,以避免在使用视觉修辞手段时有意或无意地误导观众。这篇文章提供了以下方面的指导:(A)分析何时使用或不使用视觉修辞手段;(B) 场景的概念和视觉设备的操作;(C) 决定是否使用颜色;以及(D)焦点小组的可取性,以及在更广泛、更多样化的测试受众面前测试视觉设备。
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引用次数: 4
Rescuing Pluto from the Cold: Creating an Assessment-Centered Legal Education 从寒冷中拯救冥王星:创建以评估为中心的法律教育
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2017-08-15 DOI: 10.2139/SSRN.3019431
S. Friedland
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.
本文运用设计理论和高影响力实践的原则,探讨如何将评估从传统法律教育中通常占据的局外人地位转变为内部人地位。当评估被重新定义为参与、监督和评估重要实践的工具时,它就成为了地位和功能的内部人员,促进了以评估为中心的学习环境和强有力的反馈。
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引用次数: 0
Real + Imaginary = Complex: Toward a Better Property Course 真实+想象=复杂:迈向更好的房地产课程
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2017-08-02 DOI: 10.31228/osf.io/8w3d6
James Grimmelmann
“Property” in most law schools means real property: the dense, illogical, and special-purpose body of land law. But this is wrong: property also comes in personal, intangible, and intellectual flavors—all of them more important to modern lawyers than land. Real property is deeply unrepresentative of property law, and focusing our teaching on it sells the subject short. A better property course would fully embrace these other forms of property as real property’s equals. Escaping the traditional but labyrinthine classifications of real property frees teachers to bring out the underlying conceptual coherence and unity of property law. The resulting course is easier to teach, more enjoyable for students, and more relevant to legal practice. There is no excuse not to switch.
在大多数法学院中,“财产”是指不动产:土地法的密集、不合逻辑和特殊主体。但这是错误的:财产也有个人的、无形的和智力的味道——所有这些对现代律师来说都比土地更重要。不动产在物权法中具有深刻的不可代表性,而我们对不动产的教学又缺乏对不动产权的认识。一个更好的房地产课程将完全包含这些其他形式的房地产,与不动产平等。摆脱传统但错综复杂的不动产分类,教师可以自由地揭示出财产法潜在的概念连贯性和统一性。由此产生的课程更容易教授,对学生来说更愉快,并且与法律实践更相关。没有理由不换。
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引用次数: 1
Increasing Diversity by a New Master’s Degree in Legal Principles 通过新的法律原理硕士学位增加多样性
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2017-06-05 DOI: 10.2139/SSRN.3024230
J. Hersch
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.
毕业前离开法学博士课程的学生两手空空地离开,没有额外的学位或其他证书表明他们在法学院的学习有任何专业、教育或市场价值。没有这样的证书,再加上法学院教育的巨大风险和成本,阻碍了规避风险的学生申请。对于低收入学生来说,这些风险的不利影响可能特别大,因为他们可利用的经济资源较少,与法律教育和法律职业的契合度信息也较少。我建议法学院授予那些成功完成1L课程但在完成完整JD课程之前离开的学生硕士学位。我建议这个学位的名字是法律原理硕士(MLP)。这种学位选择将降低法学院入学的风险,并提供一份有价值且基本标准化的就业证书。利用全国大学毕业生调查(NSCG)的详细教育数据,我发现,本科专业缺乏特定领域的培训,阻碍了了解潜在学生是否适合法学院课程和法律职业。利用美国劳工部职业信息网(O*NET)的劳动力市场数据,我记录了MLP学位适合的各种职业,因为这些职业利用了法律知识,但不需要法学博士学位。如果没有与完整的JD课程相关的债务,那些拥有MLP的人将能够以更低的成本提供有限的法律服务,从而增加诉诸司法的机会。MLP学位的扩大也将吸引更多、更多样化的申请人,使法学院受益。
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引用次数: 1
Assaultive Words and Constitutional Norms 攻击性言论和宪法规范
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2017-01-01 DOI: 10.2139/SSRN.3271339
Catherine J. Ross
The tension between the competing demands of the First. Amendment’s guarantee of free expression and the Fourteenth Amendment’s implicit promise of dignity and equality has long been evident in societal debates about identity politics, in academic writing, and in disputes over regulation of campus speech. This article argues that the First Amendment generally protects campus speech that includes hurtful words, even those that verbally assault a target or are seen as perpetuating an environment that demeans or endangers women, minorities and others. Protection of such offensive speech also promotes the proclaimed norms of higher education, which is why so many private colleges and universities bind themselves to First Amendment standards which are only applicable to public institutions as a matter of law. In addition to analyzing campus speech regulations under First Amendment standards, the article offers some possible solutions and constitutionally sound responses, concluding with suggestions directed at law schools.
第一种相互竞争的要求之间的紧张。《宪法修正案》对言论自由的保障以及《宪法第十四条修正案》对尊严和平等的含蓄承诺,长期以来在关于身份政治的社会辩论、学术写作以及关于校园言论监管的争议中都很明显。这篇文章认为,第一修正案通常保护包含伤人言论的校园言论,即使是那些口头攻击目标或被视为持续贬低或危及妇女、少数民族和其他人的环境的言论。对这种冒犯性言论的保护也促进了高等教育的公开规范,这就是为什么如此多的私立学院和大学将自己约束在第一修正案的标准之下,而这些标准在法律上只适用于公立机构。除了根据第一修正案的标准分析校园言论管制之外,文章还提供了一些可能的解决方案和符合宪法的回应,最后提出了针对法学院的建议。
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引用次数: 0
Creating Space for Silence in Law School Collaborations 在法学院合作中为沉默创造空间
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2016-05-25 DOI: 10.2139/SSRN.2654726
A. Camp
Law school programs are increasingly expanding collaborative experiences for their students. In many clinical programs, collaboration -- through team pairings and group work -- has been the norm, and gradually, collaborative work is being developed throughout the doctrinal law school curriculum. This trend fits within a broader societal emphasis on a collaborative model of working and learning. In both professional and educational settings, collaboration is viewed as critical to the success of ideas and products. Learning theory consistently identifies learning as being “inherently social” and best retained when engaged in with others. And, collaboration can substantially benefit the final work product and dramatically increase professional and educational satisfaction. However, when the collaborative process is not engaged in with intention and when not open to a variety of practices, collaboration can inhibit learning, productivity, and creativity. Research consistently finds that individuals who have an opportunity to consider problems on their own before collaborating outperform those whose ideas are generated exclusively in a group setting. Despite this, many collaborations value a team process that tends to isolate and ignore individuals who do not speak up quickly or easily, many with introverted personality styles, as well as others who do not fit within the “Extrovert Ideal.” The Extrovert Ideal rests on an assumption that an extrovert’s approach to group work, learning, and decision-making is the standard towards which all individuals should strive. This assumption may be particularly problematic for law students and lawyers who, as a group, include a higher percentage of introverts than the general population. This article considers whether law faculty are giving enough thought to the collaborative learning opportunities that are becoming a new normal in legal education and the legal profession. It considers how as currently executed, law school collaborations may not maximize student learning because they are grounded in a process that often interferes with the creation of ideas and the learning and environmental preferences because of rules that work best for extroverted students. This article concludes by offering concrete collaborative methods that allow space for intentional silence, and suggestions for helping students identify their own collaborative identity.
法学院的课程正在为学生提供越来越多的合作体验。在许多临床项目中,合作——通过团队配对和小组工作——已经成为常态,并且逐渐地,合作工作正在贯穿于理论法学院的课程中。这种趋势符合更广泛的社会对工作和学习的协作模式的强调。在专业和教育环境中,协作被视为想法和产品成功的关键。学习理论始终认为学习是“固有的社会性”,与他人交往时学习效果最好。而且,协作可以极大地使最终的工作产品受益,并极大地提高专业和教育满意度。然而,当协作过程没有被有意参与,并且没有向各种实践开放时,协作可能会抑制学习、生产力和创造力。研究一致发现,在合作之前有机会独立思考问题的人,比那些只在团队环境中产生想法的人表现得更好。尽管如此,许多合作看重的是一个团队过程,这种过程往往会孤立和忽视那些不能快速或轻松地发言的人,许多人性格内向,以及其他不符合“外向理想”的人。外向的理想建立在一个假设上,即外向的人在团队工作、学习和决策方面的方法是所有人都应该努力达到的标准。这一假设对法律专业学生和律师来说尤其成问题,因为他们作为一个群体,内向的比例高于一般人群。在法学教育和法律职业中,合作学习已成为一种新常态,而法学教师是否对这种合作学习机会给予了足够的重视?它认为,就目前的执行情况而言,法学院的合作可能无法最大限度地提高学生的学习能力,因为它们建立在一个经常干扰思想创造、学习和环境偏好的过程中,因为规则最适合外向的学生。本文最后提供了具体的协作方法,为有意的沉默留出空间,并提出了帮助学生识别自己的协作身份的建议。
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引用次数: 1
A Reader's Guide to Pre-Modern Procedure 前现代程序的读者指南
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2015-03-30 DOI: 10.2139/SSRN.2587358
David L. Noll
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.
许多资料描述了早于《联邦民事诉讼规则》的程序制度的普遍弊端,但很少有资料描述这些制度实际上是如何运作的。这篇文章——作为法律学生、法律教授和任何需要阅读和理解古代司法意见的人的参考——就是这样做的。
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引用次数: 0
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Journal of Legal Education
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