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Embedding E-portfolios in a Law Program: Lessons from an Australian Law School 在法律课程中嵌入电子档案:来自澳大利亚法学院的经验教训
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2013-11-18 DOI: 10.2139/SSRN.2356706
V. Waye, M. Faulkner
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.
《培养律师:为法律职业做准备》和《法律教育的最佳实践》促使美国法学院重新审视法律教育的基本原理和结果。前一份报告的重点是职业特性和价值观的发展,后一份报告的重点是法律教育工作者可能采用的教学手段,以发展法学院毕业生在法律实践中需要展示的技能和道德责任。
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引用次数: 10
Law School as Liberal Education 作为自由教育的法学院
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2013-11-01 DOI: 10.2139/SSRN.2353072
Sherman J. Clark
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.
如果有人问文理学院的校长,为什么上大学是值得的,他可以从几个层面上回答。他或她肯定会说一些关于学位的价值,作为一个证书,帮助学生找到工作或进入研究生院。此外,他或她可能会强调通过通识教育培养的技能和能力的专业价值,这可以帮助学生在工作或研究生院取得成功。然而,更深入地说,我们会期望他或她对教育和经历本身的内在价值有一些看法——为什么一个有思想的人会想上大学,除了它可能帮助一个人获得或完成的工作。我相信法学院也有类似的情况。法律学院和法律界正面临着关于法律教育价值的难题——关于法学院是否值得以及如何值得。大多数这样的对话都恰如其分地集中在法律教育的商业和专业价值上,因为这是人们上法学院的主要原因——获得资格并为职业生涯做准备。在这里,我希望通过考虑法学院的一系列方式来增加对话,就像文科本科教育一样,除了对一个有思想的人有资格和准备工作的工具价值外,它可能对一个有思想的人有价值。法律教育如何帮助一个人茁壮成长,过上充实、满意和有意义的生活?我承认,以这种方式提出问题可能会引起一些怀疑。事实上,面对具体的现实,如学费上涨和就业前景不明朗,对自由教育的模糊讨论值得怀疑。此外,考虑法学院和成功需要一个愿意去思考成功意味着什么:我们有什么资格说一个人过上充实而满意的生活意味着什么?但是,如果我们要考虑法学院对生活质量的影响,我们必须愿意至少试探性地思考是什么造就了生活质量。我们所能做的——事实上,我认为我们有义务做的——就是尽可能地考虑到法律教育可能是对生活有价值的教育的方式,即使不是每个学生都能欣赏到这种更深层次的价值,即使事实证明它比它更明显的职业利益更难描述。
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引用次数: 3
Bramble Bush Revisited: Karl Llewellyn, the Great Depression, and the First Law School Crisis, 1929-1939 《重访布兰布尔·布什:卡尔·卢埃林、大萧条和第一次法学院危机,1929-1939
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2013-09-12 DOI: 10.2139/SSRN.2325022
A. Walker
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.
本文回顾了大萧条时期法律教育的困境,展示了20世纪30年代关于实践培训、理论研究和法学院适当长度的争论是如何出现的。本文以《荆棘树丛》的作者卡尔•卢埃林为例,力求提出三点观点。第一,大萧条时期对法学院的批评呼吁要像今天一样,更多地关注实用技能,但也要更多地关注跨学科课程——这是当前改革者所忽视的。2、推动理论、政策性很强的课程在1930年代为声称法律毕业生应得的法学士学位以上,支持LL.B.离开两年,对一个强制性的三年的法学博士,或J.D. J.D.二战后的兴起,本文得出结论,加强跨学科的角色在前三年工作,即使它大大减少了先进的角色,研究生的研究,作为法学院的改革者,美国律师协会,甚至美国总统都在游说更短、更注重实践的课程,这一点值得回忆。虽然这些建议可能是谨慎的,但它们也可能保证了法律学位多元化的回归。
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引用次数: 4
What's in a Name? Would a Rose by Any Other Name Really Smell as Sweet? 名字里有什么?玫瑰换了别的名字还会这么香吗?
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2013-05-21 DOI: 10.2139/SSRN.2268000
S. J. Willbanks
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.
威廉·莎士比亚、查尔斯·狄更斯、刘易斯·卡罗尔和罗伯特·弗罗斯特有什么共同之处?这些都是法律评论文章标题的常见来源。这个标题概要不一定会帮助你决定下一篇文章的标题,但它至少会给你带来乐趣,并帮助你把今天应该做的事情推迟到另一天。正如人们所期望的那样,威廉·莎士比亚的作品提供了无数的标题和短语,非常适合法律评论文章的标题。查尔斯·狄更斯的作品也是如此。令人惊讶的是,《哈姆雷特》比《麦克白》受欢迎,《双城记》比《荒凉山庄》受欢迎。书中提到詹姆斯·邦德和苏斯博士的次数比你想象的要少得多。
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引用次数: 0
Analyzing Carnegie's Reach: The Contingent Nature of Innovation 分析卡内基的影响范围:创新的偶然性
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2013-01-30 DOI: 10.2139/SSRN.2209278
Stephen Daniels, William M. Sullivan, Martin J. Katz
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.
我们的兴趣是课程创新,重点是2007年卡内基报告-教育律师的建议。认识到有意义的改革需要制度的承诺,我们的兴趣还包括在教师发展和教师激励结构方面的倡议,以支持课程创新。此外,我们很好奇是什么可以解释变化,某些学校的特点是否会这样做,或者是否挑战法律教育的外部因素提供了解释。为了探讨这些问题,我们调查了法学院(60.5%的回复率)。结果表明,虽然在课程领域有很多活动,包括律师、专业精神,特别是整合等关键问题,但在教师发展和教师激励结构等重要领域却少得多。学校的特点,包括排名,并不能充分解释调查结果中出现的模式。此外,法学院在课程设置、教师发展和教师专业活动方面的活动也不仅仅是对外部挑战的回应。然而,这些压力似乎为创新提供了一个潜在的机会窗口,加强了变革的需要,并加快了变革的步伐。
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引用次数: 3
Crisis in the Classroom: Using Simulations to Enhance Decision-Making Skills 课堂危机:运用模拟提高决策能力
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2012-07-11 DOI: 10.2139/SSRN.2103603
S. Boyne
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.
对传统法学院课程的批评在过去二十年中不断增加,这些课程主要基于朗德尔的上诉案例方法。事实调查、沟通和谈判技巧是传统课程中未被充分体现的关键技能。为了填补这一空白,一些法学院采用了通常用于培训政府和军事人员的模拟方法,以磨练学生解决问题和决策的能力。我借用了犹他大学法学院S. J. Quinney法学院的一个模型,描述了我在开发和实施一个涉及法学院学生和公共政策专业本科生的反恐模拟过程中遇到的挑战和好处。
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引用次数: 3
Engaging First-Year Law Students Through Pro Bono Collaborations in Legal Writing 通过法律写作的公益合作吸引一年级法律学生
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2012-01-01 DOI: 10.2139/SSRN.1970024
M. Bowman
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.
本文建议通过与法律服务机构合作,为第一年的法律写作课程开发作业。这篇文章源于并描述了西雅图大学法学院(Seattle University School of Law)正在进行的此类项目,到目前为止,该校已有数百名一年级法律系学生参与了此类项目。我们与国家就业法项目、华盛顿美国公民自由联盟和西北司法项目等组织的律师合作,提出他们想要研究的现实问题,他们从每个班级收到了最好的学生工作成果。合作组织以多种方式利用了学生们的工作,包括提出成功的影响诉讼,准备法庭之友简报,以及游说立法改革。这些项目增加了我们学生对法律研究和写作重要性的理解,激励我们的学生改进他们的工作成果,并帮助学生获得与他们在第一年课程中经常看到的不同的视角。本文将这些项目置于传统的法律写作课程和卡内基报告的建议中,即法学院从一开始就加入律师专业和法律分析。本文还借鉴了对学生参与的研究,包括法学院学生参与调查。本文讨论了有关法律写作与法学院临床教师之间类似合作的文献;这些项目是互补的,但它们的时间挑战更少,对法学院来说资源消耗更少,而且它们提供了一个将法学院与社区合作组织的律师联系起来的机会。最后,文章为实施这些项目的潜在挑战提供了一些具体可行的解决方案,包括确保通过项目实现核心法律写作目标,以及如何有效地向一年级学生教授这些项目。
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引用次数: 1
The Future of Animal Law: Moving Beyond Preaching to the Choir 动物法的未来:超越说教到唱诗班
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2011-09-01 DOI: 10.5565/rev/da.190
Megan A. Senatori, Pamela D. Frasch
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.
3.动物法领域,像其他研究领域一样,没有统一的哲学观点,而是从许多不同的、令人信服的有利观点来教授的。然而,出于本文的目的,我们将重点关注那些将动物法的发展视为通过促进对社会对待动物的讨论和辩论来加强动物保护的一种手段的学者、从业者和学生。除非另有说明,本文中的“动物法”一词将与那些通过法律制度寻求对动物的额外保护和更富有同情心的待遇的人同义。
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引用次数: 0
Teaching Negotiation Ethics 谈判伦理教学
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2011-01-26 DOI: 10.2139/SSRN.1748710
A. Hinshaw
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.
谈判伦理教学并非一帆风顺。谈判道德的黑字法则让许多教师感到不安,因为学生们发现,欺骗、误导、掩饰和撒谎是“道德的”。如果我们只关注黑字法律,而不把谈判放在人际交往和程序正义的更广泛背景下,我们就会让学生在实践中遇到困难。这篇文章提出了几种方法,可以帮助教授更深入、更敏感地教授谈判伦理,重点关注那些更有可能与学生和教师产生共鸣的方法——即使是那些难以理解日常谈判是什么的教师。
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引用次数: 2
Introduction to Lawyering: Teaching First-Year Students to Think Like Professionals 律师入门:教一年级学生像专业人士一样思考
IF 0.2 4区 社会学 Q2 Social Sciences Pub Date : 2010-12-16 DOI: 10.2139/SSRN.1726598
Nancy Maurer, L. Mischler
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.
本文描述了奥尔巴尼法学院第一年跨学科的“律师入门”课程,并为其他法学院提供了一个原型,从法学院的第一天开始就向学生介绍该专业的基本技能和价值观。该课程于1991年开课,旨在培养一年级学生解决问题和以客户为中心的决策能力,以及传统的法律研究、写作和分析技能。学生们被安排在“公司”中,代表当事人进行为期一年的模拟法律纠纷。在代表“客户”的过程中,他们参与客户访谈、事实调查、发现、替代性争议解决、口头辩护、研究、写作、分析和起草。与此同时,在学生开始形成自己的职业身份的过程中,他们会被介绍到法律制度、职业道德和职业价值观。
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引用次数: 3
期刊
Journal of Legal Education
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