The purpose of this article is to propose a unified perspective of teaching legal skills courses and to show how mastery of legal skills progressively educates students from the initial academic experience in legal writing to the threshold of practice in a clinical program. This paper concentrates on skills teaching in legal writing and judicial externship courses. Specifically, this article will: (1) identify the legal skills taught in legal writing and judicial externship courses; (2) discuss different teaching approaches with a focus on the social perspective; and (3) introduce various teaching techniques that are effective methods of acculturating law students into the practice of law.
{"title":"Towards a Theory of Assimilating Law Students into the Culture of the Legal Profession","authors":"M. Monahan","doi":"10.2139/SSRN.347343","DOIUrl":"https://doi.org/10.2139/SSRN.347343","url":null,"abstract":"The purpose of this article is to propose a unified perspective of teaching legal skills courses and to show how mastery of legal skills progressively educates students from the initial academic experience in legal writing to the threshold of practice in a clinical program. This paper concentrates on skills teaching in legal writing and judicial externship courses. Specifically, this article will: (1) identify the legal skills taught in legal writing and judicial externship courses; (2) discuss different teaching approaches with a focus on the social perspective; and (3) introduce various teaching techniques that are effective methods of acculturating law students into the practice of law.","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"51 1","pages":"215-244"},"PeriodicalIF":0.2,"publicationDate":"2003-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68596593","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":"Promoting life?: Embryonic stem cell research legislation.","authors":"J Frederick Miller","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"52 2","pages":"437-79"},"PeriodicalIF":0.2,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24579568","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":"In good conscience: the legal trend to include prescription contraceptives in employer insurance plans and Catholic charities' \"conscience clause\" objection.","authors":"Kate Spota","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"52 4","pages":"1081-113"},"PeriodicalIF":0.2,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24975266","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":"Federal genetic nondiscrimination legislation: the new \"right\" and the race to protect DNA at the local, state, and federal level.","authors":"Katherine A Hathaway","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"52 1","pages":"133-77"},"PeriodicalIF":0.2,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25868904","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":"Examining disputes over ownership rights to frozen embryos: will prior consent documents survive if challenged by state law and/or constitutional principles?","authors":"D M Sheinbach","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"48 3","pages":"989-1027"},"PeriodicalIF":0.2,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22266748","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}
It's not easy to teach constitutional law. In the first part of the course, where the justifications for and the problems with judicial review are established, the arguments make some sense and the subject has some shape. The painful part begins with the examination of the actual case law of the United States Supreme'Court. In area after area this requires explication of elaborate "tests" the Court has developed for deciding whether or not some challenged action is consistent with some part of the Constitution. These tests have the appearance of precision and logic. Once mastered, they need only be applied to the particular activity at issue. If a state has treated children of married and unmarried women differently in distributing some public benefit, we apply the test for discrimination based on parental marital status or "illegitimacy." We ask whether the state's distinction is substantially related to the achievement of a proper governmental interest.' If so, the state's action is valid. If not, it violates the Equal Protection Clause of the Fourteenth Amendment. If a state has put restrictions on telephone sales solicitors, we apply the test for limitations of commercial speech. We ask first whether the expression regulated concerns unlawful activity or is misleading. If not, we must inquire whether the state's interest in restricting the expression is substantial, whether the limitations advance that interest, and whether they are no greater than necessary to serve that interest. 2
{"title":"Constitutional Cultures: The Mentality and Consequences of Judicial Review by Robert F. Nagel","authors":"R. May","doi":"10.5860/choice.27-1780","DOIUrl":"https://doi.org/10.5860/choice.27-1780","url":null,"abstract":"It's not easy to teach constitutional law. In the first part of the course, where the justifications for and the problems with judicial review are established, the arguments make some sense and the subject has some shape. The painful part begins with the examination of the actual case law of the United States Supreme'Court. In area after area this requires explication of elaborate \"tests\" the Court has developed for deciding whether or not some challenged action is consistent with some part of the Constitution. These tests have the appearance of precision and logic. Once mastered, they need only be applied to the particular activity at issue. If a state has treated children of married and unmarried women differently in distributing some public benefit, we apply the test for discrimination based on parental marital status or \"illegitimacy.\" We ask whether the state's distinction is substantially related to the achievement of a proper governmental interest.' If so, the state's action is valid. If not, it violates the Equal Protection Clause of the Fourteenth Amendment. If a state has put restrictions on telephone sales solicitors, we apply the test for limitations of commercial speech. We ask first whether the expression regulated concerns unlawful activity or is misleading. If not, we must inquire whether the state's interest in restricting the expression is substantial, whether the limitations advance that interest, and whether they are no greater than necessary to serve that interest. 2","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"39 1","pages":"187-194"},"PeriodicalIF":0.2,"publicationDate":"1989-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71034223","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":"Democratic Representation: Reapportionment in Law and Politics. By Robert G. Dixon, Jr. New York: Oxford University Press, 1968. Pp. xviii, 654. Cloth: $12.50.","authors":"A. L. Scanlan","doi":"10.1086/ahr/74.5.1750","DOIUrl":"https://doi.org/10.1086/ahr/74.5.1750","url":null,"abstract":"","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"19 1","pages":"276-278"},"PeriodicalIF":0.2,"publicationDate":"1969-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/ahr/74.5.1750","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60745495","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}
WVe recall on this occasion not only Justice Cardozo's surpassingly noble spirit and imaginative genius, but his concern that judicial decisions evince a reasoned consideration of their far-reaching consequences. We can pay no better tribute to his sense of professional responsibility than to consider together the far-reaching consequences of judicial decisions in our own day on the now crucial problems of criminal procedure. Lawyers as well as laymen often voice extreme views on the problem of crime in the catch phrases of the day, and today's vogue is to pitch them at courts. A giant problem is in no measure solved, however, by indiscriminate charges that the courts have a predilection either for coddling criminals or for depriving those suspected of crime of whatever due process is due them. We might better concern ourselves with reinforcing the words of Mr. Justice Clark: "There is no war between the Constitution and common sense."'1 Certainly there need be no war. It could break out at any time, however, unless we succeed in bringing constitutional doctrines down to earth on the homely local scenes. That may prove even more of a challenge than the launching of such doctrines, for landings often call for more skill than takeoffs. It is no secret that we have had some spectacular takeoffs in recent years. Our concern with pretrial criminal procedure has correspondingly grown in the time span encompassing the McNabb-Mallory2 doctrine on limiting prearraignment interrogation to foster prompt arraignment, the Mapp3 decision extending to states the rule excluding evidence obtained from unconstitutional searches and seizures, and the
{"title":"The Devils of Due Process in Criminal Detection, Detention, and Trial","authors":"R. J. Traynor","doi":"10.2307/1598505","DOIUrl":"https://doi.org/10.2307/1598505","url":null,"abstract":"WVe recall on this occasion not only Justice Cardozo's surpassingly noble spirit and imaginative genius, but his concern that judicial decisions evince a reasoned consideration of their far-reaching consequences. We can pay no better tribute to his sense of professional responsibility than to consider together the far-reaching consequences of judicial decisions in our own day on the now crucial problems of criminal procedure. Lawyers as well as laymen often voice extreme views on the problem of crime in the catch phrases of the day, and today's vogue is to pitch them at courts. A giant problem is in no measure solved, however, by indiscriminate charges that the courts have a predilection either for coddling criminals or for depriving those suspected of crime of whatever due process is due them. We might better concern ourselves with reinforcing the words of Mr. Justice Clark: \"There is no war between the Constitution and common sense.\"'1 Certainly there need be no war. It could break out at any time, however, unless we succeed in bringing constitutional doctrines down to earth on the homely local scenes. That may prove even more of a challenge than the launching of such doctrines, for landings often call for more skill than takeoffs. It is no secret that we have had some spectacular takeoffs in recent years. Our concern with pretrial criminal procedure has correspondingly grown in the time span encompassing the McNabb-Mallory2 doctrine on limiting prearraignment interrogation to foster prompt arraignment, the Mapp3 decision extending to states the rule excluding evidence obtained from unconstitutional searches and seizures, and the","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"33 1","pages":"16"},"PeriodicalIF":0.2,"publicationDate":"1966-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1598505","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68513528","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}
Pub Date : 1953-01-01DOI: 10.4324/9781315699868-178
Nancy-Nellis Warner
{"title":"Cruel and Unusual Punishments","authors":"Nancy-Nellis Warner","doi":"10.4324/9781315699868-178","DOIUrl":"https://doi.org/10.4324/9781315699868-178","url":null,"abstract":"","PeriodicalId":44667,"journal":{"name":"Catholic University Law Review","volume":"3 1","pages":"117-121"},"PeriodicalIF":0.2,"publicationDate":"1953-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70434338","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}
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