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Kristin Gerdy's
Scholarly Papers
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1.
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Kristin Gerdy
J. Reuben Clark Law School, BYU
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27 Aug 08
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27 Aug 08
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63
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Abstract:
In this piece I explore the need for instruction and experience with the "heart" of law practice within the first year of law school. According to the report on legal education prepared by the Carnegie Foundation, the two major limitations in American legal education are 1) a lack of attention to practical education, including a marked lack of understanding client problems, and 2) failure to support development of ethical and social skills. With the release of this report it is likely that law school faculties throughout the United States will be looking at their curricula to see how to better fill these gaps and better prepare the students to be practicing lawyers rather than legal scholars. This presents an important opportunity for law faculty, many of whom already recognize that legal education means more than teaching students the complexities of legal analysis, often referred to as how to "think like a lawyer," but also how to communicate, work with people, and advocate for their clients like lawyers do. But, what they may not recognize is that they are also perfectly suited to teach the "heart" of lawyering. Whether it is helping students to see their clients as real people with real problems or helping students to realize that empathy and compassion are critical for successful law practice, the first year of law school is the ideal place to begin to fill this gap in legal education.
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2.
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Kristin Gerdy
J. Reuben Clark Law School, BYU
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13 Mar 07
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13 Mar 07
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55
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Abstract:
The author discusses the application of three different learning style models to successful teaching in legal research courses.
legal education, legal research, learning style theory
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3.
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Kristin Gerdy
J. Reuben Clark Law School, BYU Jane H. Wise
Brigham Young University - J. Reuben Clark Law School Alison Craig
Brigham Young University - J. Reuben Clark Law School
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16 Mar 07
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16 Mar 07
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50
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Abstract:
The authors examine the reasons why lawfaculty should implement technology into the legal education experience, provide a brief overview of the learning theory supporting technology, discuss the thoughtful use of technology, and describe four specfic projects they have used in their classrooms to aid in student learning.
technology, legal education, learning theory, computers in classroom
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4.
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Kristin Gerdy
J. Reuben Clark Law School, BYU
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13 Mar 07
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13 Mar 07
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49
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Abstract:
The author explores why law students plagiarize and how to detect it using both personal and technological methods.
legal education, plagiarism
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5.
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Kristin Gerdy
J. Reuben Clark Law School, BYU
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16 Mar 07
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16 Mar 07
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26
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Abstract:
This article summarizes the findings of the 2002 survey and highlights significant changes and trends in the operation of legal research and writing programs across the country.
legal writing, legal education, ALWD
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6.
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Kristin Gerdy
J. Reuben Clark Law School, BYU
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13 Mar 07
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13 Mar 07
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20
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Abstract:
This articles addresses the collateral order doctrine beginning with its inception in Cohen v. Beneficial Industrial Loan Corp., and continuing through an overview of the Court's civil collateral order jurisprudence illustrating the development of the "requirements" for attaining appellate review under the doctrine. It examines the role of "important rights" in the Court's collateral order cases and attempts to determine whether "importance" is an additional requirement of the collateral order test. The author seeks to define what the Court means by an "important" right or issue, and to explain the view that some rights are sufficiently "important" to outweigh costs of piecemeal appeals. The author considers the "unreviewability" requirement of the collateral order doctrine, specifically what constitutes an "unreviewable" order under the doctrine and what, if anything, is the distinction between an "unreviewable" order and an order that leads to "irreversible" harm. Finally, the author examines the most recent case in which the Court discussed and applied the collateral order doctrine, Sell v. United States, contending that both the majority's markedly broad reading and the dissent's highly restrictive view of both the collateral order doctrine's requirements and its application to pre-trial involuntary medication orders are inconsistent with and further complicate the Court's prior collateral order jurisprudence. Finally, the author proposes a way that the collateral order doctrine could be applied in the involuntary medication setting while upholding the doctrine's narrow application and furthering the policies behind the final judgment rule.
collateral order doctrine, forced medication, final judgment rule
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7.
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Kristin Gerdy
J. Reuben Clark Law School, BYU
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13 Mar 07
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13 Mar 07
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18
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Abstract:
The author explores the importance of learner-centered assessment and feedback in legal research instruction, and encourages legal research teachers to assist their students' quest to acquire practical legal research abilities by transitioning into the roles of coach, cheerleader, and judge.
legal education, legal research, learning theory, learning styles, assessment
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