"'There's a Dyin’ Voice within Me Reaching Out Somewhere': How TJ Can Bring Voice to the Teaching of Mental Disability Law and Criminal Law" Free Download
3 Suffolk U. L. Rev. Online 37 (2015)

MICHAEL L. PERLIN, New York Law School

In this article, I discuss my historical involvement with therapeutic jurisprudence (TJ), how I use it in my classes (both in the free-standing TJ class and in all the others that I teach), its role in my written scholarship, and its role in conferences that I regularly attend. Although this is all positive and supportive of all efforts to widen the appeal of TJ as well as its applicability in the classroom, in scholarship and in “real life,? I also share some information that is far from optimistic with regard to the way that TJ is being reacted to by law students and law teachers. I am deeply saddened by this, but feel that this must also be “on the table? in any reflective conversation about TJ. I conclude that TJ adherents create strategies so that the substantive insights and perspectives contained in TJ-related scholarship become known to the legal academy and to practitioners in this area of law and policy. I also believe it is necessary to consider the adoption of TJ from a generational/career development perspective; what does the conventional scholarship/teaching mode say to both junior and senior law professors who want to do TJ-related work?

"Cracking the Nut – Building a Clinical Pedagogy of Externship" Free Download
____ Clinical Law Review ____ (Fall 2015 Forthcoming)

ELIZABETH FORD, Seattle University School of Law

Externships offer a tantalizing experiential option for law schools. Students are hungry for the real-world experience, the networking potential, and the chance to take the skills they have learned in the classroom to the next level. Administrators love externships because of their high enrollment, low cost nature: externships leverage small amounts of resources from hundreds of outside organizations. Faculty appreciate these programs because they provide students with context and skills, inspire them in the doctrinal classroom, and require little diversion of resources from the more traditional faculty ranks.

However, the danger of grasping too tightly to externships as the experiential solution is the temptation to avoid thinking carefully about connecting the external experience to the doctrinal and skills training that law schools are charged to deliver. It is possible to leverage students’ real world excitement into deeper reflection and enhanced skills, but it requires us to confront the black hole of most externship programs: the seminar.

While it is tempting, we are not free to abandon the externship seminar altogether; indeed I will argue that we have heightened obligations under the American Bar Association’s Standards to be more attentive to rigor and assessment in the externship context. Yet, well-established models from either doctrinal or clinical courses are poor fits for externship seminars, in which enrolled students are working at many different sites and constrained by confidentiality. So, we need a unique pedagogy of externship; that is what this article proposes.

The Legal Skills Learning Taxonomy – based on Bloom’s taxonomy in the psychomotor domain – describes the competencies that mark a student’s legal skills development. Students engaged in different substantive work can use this tool to assess their initial proficiency, set meaningful and aggressive goals, reflect on their performance feedback, target their learning in the seminar and develop a depiction of their own progress by the end of the semester.

"Not the Golden Gate: Legal Writing Bridges the 'Divide' between Doctrine and Skill" Free Download
The Second Draft, Vol 28, No 1 (Spring 2015), at 2

EUNICE PARK, Western State University - College of Law

In this environment of legal education reform, legal writing courses are already well-positioned. Accustomed to staying innovative and anticipating changing technological and economic realities of law practice, legal writing classes already bridge that so-called divide between doctrine and skill. So-called, because the divide is in many respects artificial, by focusing on a traditional, increasingly obsolete model in which experiential educational learning is not included in the classroom. And how do legal writing courses bridge it? By merging the substantive and practical into an indistinguishable whole, in interactive, multi-faceted classrooms.

"Risks, Goals, and Pictographs: Lawyering to the Social Entrepreneur" Free Download
Lewis & Clark Law Review, Forthcoming

ALICIA PLERHOPLES, Georgetown University Law Center

Scholars have argued that transactional lawyers add value by mitigating the potential for post-transaction litigation, reducing transaction costs, acting as reputational intermediaries, and lowering regulatory costs. Effective transactional attorneys understand their clients’ businesses and the industries or contexts in which those businesses operate. Applied to the start-up social enterprise context, understanding the client includes understanding the founders’ values, preferences, and proclivity for risk. The novel transactions and innovative solutions pursued by emerging social entrepreneurs may not lend themselves well to risk avoidance. For example, new corporate forms such as the benefit corporation are untested, yet appeal to many social entrepreneurs who wish to use a single entity to pursue dual missions. Novelty in a transaction or governance arrangement, as opposed to precedent, means that the risk of litigation or regulatory inquiry may rise. However, a lawyer — and particularly the student attorney without practice experience — may be prone to risk aversion. Lawyers are often described by themselves and by others as “conservative, risk-averse, precedent-bound, and wedded to a narrow, legalistic range of problem solving strategies.? On one hand, risk aversion can inhibit a lawyer’s ability to “think outside the box? and take the innovative approaches that their social enterprise clients need. On the other hand, a lawyer’s risk aversion may add value to a social enterprise to the extent that the lawyer can be a “sounding board to help clients balance risk-prone ideas.?

In the Social Enterprise & Nonprofit Law Clinic at Georgetown Law, student attorneys learn to practice client-centered lawyering in their representation of social enterprise clients. In this Essay, I discuss (i) plausible risk profiles of student attorneys and their social enterprise clients; (ii) a client-centered lawyering approach that deters a student attorney from projecting her own risk aversion onto her clients and allows her to act as a “sounding board? armed with legal analysis to help her client make informed decisions; and (iii) one of the counseling tools that facilitates this client-centered approach. The counseling tool — a pictograph, or visual representation that communicates three-dimensional qualitative information — dictates that the client’s preferences take priority over the student attorney’s risk profile, but also allows the student attorney to present and frame the advantages and disadvantages of a particular decision point in relation to the client’s expressed goals.

"The Recognition of Indigenous Australians in the Teaching of Federal Constitutional Law" Free Download
Journal of the Australasian Law Teachers Association (2014) Vol 7 No 1 & 2, p 87

MELISSA CASTAN, Monash University - Faculty of Law

This article argues that any teaching and examination of Australian constitutional law should take account of all of those who constitute the nation, including the recognition of Indigenous people within our federal and State Constitutions.


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Law Educator: Courses, Materials & Teaching eJournal

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

Professor of Law, Emory University School of Law

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

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

W.R. Irby Chair in Law, Tulane University Law School

Professor of Law, Gonzaga University - School of Law

Professor of Law, George Washington University Law School

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

Professor of Law, University of California Hastings College of the Law

Pepperdine University - School of Law

affiliation not provided to SSRN

Professor of Law, Washington and Lee University - School of Law

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

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