LAW EDUCATOR: COURSES, MATERIALS & TEACHING eJOURNAL

"Measuring the Values and Costs of Experiential Education - Report of the Working Group on Cost and Sustainability (Alliance for Experiential Learning in Law)" Free Download
7 Elon Law Review 23-42 (2015)

STEPHEN ELLMANN, New York Law School
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KATHERINE R. KRUSE, Hamline University - School of Law
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This report is one of a series of Working Group reports from the Alliance for Experiential Education in Law, collected in “Experience the Future: Papers from the Second National Symposium on Experiential Education in Law,� 7 Elon Law Review 1-108 (2015). The Report of the Working Group on Cost and Sustainability seeks to provide a basis for thoughtful analysis and discussion of both the values and costs of experiential legal education by breaking those values and costs down into their component parts. The way these component parts are arranged will vary from school to school, and this report does not attempt to catalogue every possible combination. Our aim is to categorize the types of value that education adds to experience and the types of costs that need to be assessed, providing a basis for more nuanced discussion of the cost and sustainability of experiential educational programming in law schools. The challenge educators face is not the hypothetical comparison of one clinic and one doctrinal course, but the shaping of programs in which the benefits of experiential education can be realized as fully as possible while the costs are recognized and effectively managed.

"Trademark Year in Review" Free Download

MARK P. MCKENNA, Notre Dame Law School
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This essay was written for two continuing legal education events in late 2014 and early 2015. It reviews developments in trademark law in 2013 and 2014, particularly with an eye toward developing trends.

"Professional Formation with Emerging Adult Law Students in the 21-29 Age Group: Engaging Students to Take Ownership of Their Own Professional Development Toward Both Excellence and Meaningful Employment" Free Download
Journal of the Professional Lawyer (2015 Forthcoming)

NEIL W. HAMILTON, University of St. Thomas School of Law (Minnesota)
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Four factors have converged that require law faculty to add an additional foundational learning outcome, focused on helping each law student to take ownership over her own professional development, to the traditional emphasis of legal education on technical competencies such as doctrinal knowledge, legal analysis, and legal research and writing.

First, we have a new understanding of the importance of the development of each student toward an internalized ethic of responsibility and service to others, plus an internalized commitment to professional development toward excellence. Second, there are both new data to consider on the developmental stages of students who are emerging adults in the 21-29 age group and new data that a substantial proportion of law students are at an earlier stage of taking ownership over their own professional development than where the faculty and the profession want them to be. Third, we have a new understanding of curriculum that is effective in helping each student take ownership of her own professional development. Fourth, both potential applicants (in deciding which institution to attend) and the federal government (concerned about student loan repayment) are increasingly emphasizing gainful employment outcomes.

Taken together, the four factors are impelling law schools and the legal profession to define a professional formation learning outcome where each student takes ownership over creating and implementing a written plan to use her time in law school most effectively for her own professional development toward both excellence at the competencies needed to serve others well and, ultimately, meaningful employment.

Recent empirical research on emerging adults in the 18-29 age range indicates their dominant motivation is to achieve self-sufficiency, which in turn has two principal sub-elements: (1) accepting responsibility for yourself; and (2) becoming financially independent. Legal educators (both faculty and staff) must help each student to understand that in order to achieve self-sufficiency, the student must take ownership to create and implement a written plan for his professional development toward excellence at the competencies needed to serve others well (this is the key learning outcome) across the whole arc of his or her studies, career, and life. This paper analyzes new assessment data demonstrating the effectiveness of a new curriculum designed to help each student take ownership over her professional development.

"The Death of Academic Support: Creating a Truly Integrated, Experiential, and Assessment-Driven Academic Support and Bar Preparation Program (Part I of II)" Free Download

ADAM LAMPARELLO, Indiana Tech - Law School
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LAURA DANNEBOHM, Indiana Tech - Law School
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For too long, academic support programs have been viewed as the unwanted stepchild of legal education. These programs have existed in the dark shadows of legal education, reserved for students deemed “at risk� for satisfactorily completing law school or successfully passing the bar examination, and focused on keeping students above the dreaded academic dismissal threshold. The time has arrived for the remedial – and stereotypical – character of academic support to meet its demise, and to be reborn as a program that helps all students to become better lawyers, not just better law students.

In this article, we propose a groundbreaking academic success program that was adopted at Indiana Tech Law School, and that has revolutionized the way legal education is delivered. Part II discusses the flaws underpinning many academic support programs today, and examines the consequences, including the perception that academic support is only for “bad students� and the restrictive focus on academic rather than professional competency, that has undermined its pedagogical value. Part III sets forth the innovative academic success program at Indiana Tech Law School. The program incorporates experiential, integrated, and assessment-driven components in a manner that transcends the boundaries between academic success and the broader curriculum, and bridges the divide between legal education and law practice. After all, law schools have an ethical obligation to ensure that graduates can competently and ethically practice law, and legal education would “serve the public interest by...encouraging more attention to services, outcomes, and value delivered to law students.�

"Revisiting the Characteristics of Effective Education" 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), chapter 4

MICHAEL HUNTER SCHWARTZ, Washburn University - School of Law
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AMY C. BUSHAW, Lewis and Clark Law School
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STEVEN K. HOMER, University of New Mexico - School of Law
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DEBORAH A. MARANVILLE, University of Washington School of Law
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BARBARA GLESNER FINES, University of Missouri at Kansas City - School of Law
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This chapter of Building on Best Practices: Transforming Legal Education in a Changing World includes contributions from several authors:

  • Section A, A Review of Teaching and Learning Theory, is by Michael Hunter Schwartz.
  • Section B, An Effective and Welcoming Environment for Learning, includes
    • Humanizing the Delivery of Legal Education, by Amy C. Bushaw, and
    • Using Interculturally Aware Teaching Methods, by Steven K. Homer.
  • Section C, Transfer of Learning, is by Deborah Maranville.
  • Section D, Outcomes Assessment for Improving Student Learning, is by Barbara Glesner Fines.


Chapter 1 is available at: http://ssrn.com/abstract=2637100

Chapter 2 is available at: http://ssrn.com/abstract=2637068

Chapter 3 is available at: http://ssrn.com/abstract=2637102

Chapter 5 is available at: http://ssrn.com/abstract=2637495

Chapter 6 is available at: http://ssrn.com/abstract=2637499

Chapter 7 is available at: http://ssrn.com/abstract=2637541

Chapter 8 is available at: http://ssrn.com/abstract=2637544

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About this eJournal

This eJournal is designed to offer a vehicle for law teachers to share information and materials about teaching. All materials related to law teaching are encouraged. This includes casebooks, reviews of casebooks, supplementary materials (for your own or someone else's book), lecture notes, class summaries, outlines, syllabi, problems and other teaching materials. It also includes scholarship about teaching. We hope that Law Educator will grow in future years to include a full range of teaching materials, including PowerPoint slides, Excel spreadsheets, video content and other material.

Editor: Lawrence A. Cunningham, George Washington University

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Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
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Advisory Board

Law Educator: Courses, Materials & Teaching eJournal

CRAIG H. ALLEN
Judson Falknor Professor of Law, University of Washington - School of Law, Interim Director, UW Arctic Law and Policy Institute

DOROTHY ANDREA BROWN
Professor of Law, Emory University School of Law

JOHN S. DZIENKOWSKI
University of Texas - School of Law, The Kay Bailey Hutchison Center for Energy, Law, and Business

HEATHER GERKEN
J. Skelly Wright Professor of Law, Yale University - Law School

JAMES RUSSELL GORDLEY
W.R. Irby Chair in Law, Tulane University Law School

GERALD HESS
Professor of Law, Gonzaga University - School of Law

CYNTHIA LEE
Professor of Law, George Washington University Law School

HOWARD LESNICK
Jefferson B. Fordham Professor of Law, University of Pennsylvania Law School

DAVID I. LEVINE
Professor of Law, University of California Hastings College of the Law

GRANT S. NELSON
Pepperdine University - School of Law

ROGER E. SCHECHTER
Professor of Law, George Washington University - Law School

JOAN M. SHAUGHNESSY
Professor of Law, Washington and Lee University - School of Law

ELAINE W. SHOBEN
Judge Jack & Lulu Lehman Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of Law

STEPHANIE M. WILDMAN
John A. and Elizabeth H. Sutro Professor of Law, Santa Clara University - School of Law