Table of Contents

Delivering Effective Education in In-House Clinics

Lisa Bliss, Georgia State University - College of Law
Don Peters, University of Florida

Incorporating Experiential Education Throughout the Curriculum

Deborah A. Maranville, University of Washington School of Law
Cynthia Batt, Stetson University College of Law
Lisa Bliss, Georgia State University - College of Law
Carolyn Wilkes Kaas, Quinnipiac University

Becoming a Competent 21st Century Legal Ethics Professor: Everything You Always Wanted to Know About Technology (But Were Afraid to Ask)

Catherine J. Lanctot, Villanova University School of Law

Ensuring Effective Education in Alternative Clinical Models

Deborah A. Maranville, University of Washington School of Law

Transfer of Learning

Deborah A. Maranville, University of Washington School of Law

Understanding the Civil Law

P. G. Monateri, SciencesPo, Ecole de Droit, Law School, University of Torino (Italy), University of Turin, Faculty of Law

Drafting New York Civil-Litigation Documents: Part XXXVIII — Motions to Vacate Default Judgments

Gerald Lebovits, Columbia University - Law School, Fordham University School of Law, New York University School of Law, New York Law School


LAW EDUCATOR: COURSES, MATERIALS & TEACHING eJOURNAL

"Delivering Effective Education in In-House Clinics" Free Download
Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, et al., eds., Lexis 2015).

LISA BLISS, Georgia State University - College of Law
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DON PETERS, University of Florida
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In-house law clinics have long been recognized as a key form of experiential education. They offer an educational setting in which students holistically integrate all of the elements of legal education. They provide an environment in which students explore the meaning and application of law, ethics, and professional identity in real life under the close supervision of a faculty member who is simultaneously working on or overseeing the legal matter that provides the educational experience. Allowing students to practice problem-solving, especially in actual cases, in an academic environment, is the most effective and efficient way to help them develop professional competence. Accordingly, because law clinics are an important place where this happens, it remains a best practice for law schools to include law clinics as part of the experiential education curriculum.

This section of Building on Best Practices: Transforming Legal Education in a Changing World reviews the context in which clinics present as a choice among burgeoning experiential education models. It addresses how clinics contribute to student learning and development so that institutions understand the particular advantages that the in-house law clinic model offers to students, clients, and the institutions themselves. The section explores the essential characteristics of in-house law clinics and expands on the understanding of how legal education through in-house clinics meets multiple objectives for legal education. Those essential characteristics provide a specialized context for student learning and include the intensive supervision students receive, the structures used to deliver the clinical learning experience, the use of developed clinical teaching methodologies, and a forum ideally suited for teaching particular topics that are most effectively taught in context. Although learning objectives vary among clinics based upon the clinic mission and design, common learning objectives exist across clinics, and this section identifies the range of those common objectives. Finally, this section explores the value that in-house law clinics add to their institutions and their communities, and identifies practices for maximizing the value of clinics and promoting the effectiveness of law school clinical programs.

"Incorporating Experiential Education Throughout the Curriculum" Free Download
Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., 2015)
University of Washington School of Law Research Paper No. 2015-04

DEBORAH A. MARANVILLE, University of Washington School of Law
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CYNTHIA BATT, Stetson University College of Law
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LISA BLISS, Georgia State University - College of Law
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CAROLYN WILKES KAAS, Quinnipiac University
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As experiential education proliferates, law schools will design approaches suited to their individual missions and circumstances. No “one size fits all? strategy will suffice and the current period of creativity will no doubt continue to bring forth new methods and structures. Legal education urgently needs empirical research on what methods will best promote deep learning that transfers to practice. At the same time, enough experience has accumulated to identify five general “best practices?:

  • Incorporating experiential education widely throughout the curriculum
  • Providing a range of experiential course types and making them available to all students
  • Ensuring that experiential courses add value to students’ experience
  • Requiring real supervised practice experience — preferably one law clinic and one externship — for all students
  • Developing a common vocabulary and evaluative criteria for experiential education
This section of the forthcoming book BUILDING ON BEST PRACTICES: TRANSFORMING LEGAL EDUCATION IN A CHANGING WORLD (Lexis 2015) provides guidance on how to implement each of these five best practices.

"Becoming a Competent 21st Century Legal Ethics Professor: Everything You Always Wanted to Know About Technology (But Were Afraid to Ask)" Free Download
Journal of the Professional Lawyer, Forthcoming
Villanova Law/Public Policy Research Paper No. 2015-1001

CATHERINE J. LANCTOT, Villanova University School of Law
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This Article provides a roadmap for rebooting the legal ethics curriculum. It describes how to revise a traditional legal ethics class to respond to twenty-first century law practice, and provides a detailed overview of the landscape of technological issues currently affecting the practice of law, including many cautionary tales of lawyers who ignored their ethical responsibilities.

We have finally hit the tipping point with respect to the use of technology within the legal profession, as bar regulators have begun to warn attorneys that they may no longer plead ignorance of technological advances if such ignorance harms the interests of their clients. With technological competence becoming more important for lawyers with each passing year, we do our students a disservice if we do not prepare them adequately for their future in the law.

Legal ethics professors are uniquely situated to impress upon our students the obligation to understand the risks and benefits of technology in the practice of law. But before we can ensure that our students are competent to enter a world of rapid and disruptive technological change, we need to be sure that we are competent ourselves. This may be unwelcome news for many colleagues, especially those who still harbor a little bit of the Luddite spirit that has always been a part of the legal profession.

Integrating ethical issues arising from technology can be readily accomplished if we commit ourselves to carrying out this objective. By embracing the challenge of imbuing our approach to the study of legal ethics with a focus on technological innovation, in both our teaching and our scholarship, we can be important voices at this time of transformation.

"Ensuring Effective Education in Alternative Clinical Models" Free Download
Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., 2015)
University of Washington School of Law Research Paper

DEBORAH A. MARANVILLE, University of Washington School of Law
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Experiential offerings can vary as to important structural characteristics. The decisions a law school makes on what arrangement to use as to any one characteristic will affect others, as well as the overall quality of the experience. Two fundamental best practices for evaluating how to structure experiential offerings that do not fit the well-established in-house clinic or externship model can be identified. These are to ensure that, first, students learn enough to justify the tuition the students pay and, second, the law school contributes enough to justify the law school receiving the tuition paid by the student.

This section of the forthcoming book Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) provides guidance on how to design alternative clinical models.

"Transfer of Learning" Free Download
Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., 2015)

DEBORAH A. MARANVILLE, University of Washington School of Law
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In order for students to master skills and knowledge, they must be able to transfer concepts they learn and apply them to new situations. Transfer of learning is a critical component of effective legal education. While more research must be done, some best practices have emerged. Ways for teaching law students for transfer include providing students with multiple opportunities for application of learning and emphasizing service to the community and experiential education. This section of the forthcoming book Building on Best Practices: Transforming Legal Education in a Changing World (Lexis 2015) provides a brief overview of this important characteristic of effective teaching.

"Understanding the Civil Law" Free Download

P. G. MONATERI, SciencesPo, Ecole de Droit, Law School, University of Torino (Italy), University of Turin, Faculty of Law
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This a brief sketch of the Civil Law Tradition. Conceived mainly for teaching purposes, it lays out the historical background of Civil Law and its two main versions: the French and the German. Finally it outlines few notes on the difficulties to compare Civil and Common Law, and it includes major standard references on the topic.

Anyway the main purpose of this writing is to question the relevance of legal origins as stated by the World Bank and the movement of Law and Finance.

My theory is that the major differences between common law and civil law are due to political modernity and not to romantic distant origins.

"Drafting New York Civil-Litigation Documents: Part XXXVIII — Motions to Vacate Default Judgments" Free Download
New York State Bar Association Journal, Vol. 87, p. 64, January 2015

GERALD LEBOVITS, Columbia University - Law School, Fordham University School of Law, New York University School of Law, New York Law School
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This article, the 38th in a series on civil-litigation motion practice and drafting, covers motions to vacate default judgments.

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Law Educator: Courses, Materials & Teaching eJournal

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