Table of Contents

Tax Recognition

Barry Cushman, Notre Dame Law School

Lessons Learned from Teaching Clinical Legal Education in Thailand

Lisa Bliss, Georgia State University - College of Law

Teaching LLCs Through a Problem-Based Approach

Michelle M. Harner, University of Maryland Francis King Carey School of Law
Robert J. Rhee, University of Maryland - Francis King Carey School of Law, University of Florida Levin College of Law

Who Said Learning Trusts & Estates Can't Be Fun?

Gerry W. Beyer, Texas Tech University School of Law

Streaming While Teaching: The Legality of Using Person Streaming Video Accounts for the Classroom

Jonathan I. Ezor, Touro College - Jacob D. Fuchsberg Law Center

O Ensino Do Direito Animal: Um Panorama Global (Teaching Animal Law: A Global Overview)

Tagore Trajano, Federal University of Bahia (UFBA)


LAW EDUCATOR: COURSES, MATERIALS & TEACHING eJOURNAL

"Tax Recognition" Free Download
St. Louis University Law Journal, Vol. 58, p. 825, 2014
Notre Dame Legal Studies Paper No. 1409

BARRY CUSHMAN, Notre Dame Law School
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This article was prepared for the St. Louis University Law Journal’s “Teaching Trusts & Estates? issue. Many law students take a course in Trusts & Estates, but comparatively few enroll in a class devoted to the federal wealth transfer taxes. For most law students, the Trusts & Estates course provides the only opportunity for exposure to some of the basic features of the estate tax, the gift tax, the generation-skipping transfer tax, and some related features of the income tax. The coverage demands of the typical Trusts & Estates course do not allow for intensive discussion of these issues, but there are numerous opportunities to introduce relevant tax considerations while teaching the substantive law of wills and trusts. Using the Dukeminier & Sitkoff casebook as an example, this article explores the opportunities for interstitial recognition of the tax issues often lying just beneath the surface of private law disputes. Seizing the opportunities that these cases present to introduce some basic tax concepts and planning strategies can alert students to simple methods of tax savings and help them to avoid costly potential estate planning errors.

"Lessons Learned from Teaching Clinical Legal Education in Thailand" Free Download
Journal of Legal Education, v. 63, no. 3, 2014.
Georgia State University College of Law, Legal Studies Research Paper

LISA BLISS, Georgia State University - College of Law
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All around the globe, legal educators, law students, consumers of legal services and others in the legal community are debating reforms to legal education, prompted by external demands on the profession, the need for law graduates to be competent in rapidly developing areas of law, and changes in practice due to globalization and technology. The drum beat for change is familiar by now in the United States, with a renewed interest in curricular reform that seeks to balance teaching students foundational legal knowledge with important lawyering skills and professional values. In Asia, in particular, globalization, economic growth and development, funding and structural changes to both governmental and legal education systems, and the influence of international aid organizations have all contributed to rapid changes in legal education. These changes have included increased attention to clinical legal education, which has long been recognized as a critical pedagogy that prepares students to serve clients. Clinics and other methods of experiential education can help students develop basic lawyering skills while also cultivating their appreciation for lawyers' responsibilities as citizens and their obligation to enhance the administration of justice, globally and locally.

As a clinical legal educator, my professional focus is to help students develop knowledge, skills and values so they can become competent, ethical lawyers. I do that through my work in an inter-professional medical-legal partnership clinic. In the summer of 2012, I went to Thailand at the invitation of a non-governmental organization based in Chiang Mai, Bridges Across Borders Southeast Asia Community Legal Education Initiative. I was assigned to work at Mae Fah Luang School of Law in Chiang Rai province to mentor law faculty in developing a clinical and social justice curriculum and to help incorporate experiential and interactive learning into the law classroom. My experience as a visiting clinical professor at Mae Fah Luang, and what I learned through my collaboration with the Bridges NGO and its efforts to transform legal education in the region, form the basis for the observations I share in this paper.

"Teaching LLCs Through a Problem-Based Approach" Free Download
Washington and Lee Law Review, Vol. 71, 2014, p. 489-
U of Maryland Legal Studies Research Paper No. 2014-16

MICHELLE M. HARNER, University of Maryland Francis King Carey School of Law
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ROBERT J. RHEE, University of Maryland - Francis King Carey School of Law, University of Florida Levin College of Law
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Case studies and case simulations can be used to teach LLCs with an eye toward training business lawyers. These tools can be used in the traditional four-credit Business Associations (BA) course to supplement traditional teaching materials with mini-case studies that accent and apply analysis of primary legal sources. Alternatively, case studies and case simulations can be the centerpiece of a specialized course on LLCs. We discuss both approaches in this short essay.

"Who Said Learning Trusts & Estates Can't Be Fun?" Free Download
St. Louis University Law Journal, Vol. 58, p. 713, 2014

GERRY W. BEYER, Texas Tech University School of Law
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From even before their first day of law school, Texas Tech University School of Law students have the opportunity to appreciate the importance of the estate planning area and to understand that it can be both an enjoyable and rewarding area of law in which to practice. During orientation, which takes place the week before classes start, new students participate in full-day programs centered on a particular area of practice either of their own choosing or assigned by the administration. For the 2013 entering class, I was in charge of two full-day Estate Planning Tracks with a total of approximately thirty-five entering students.

As their legal education continues, students have additional exposure, some mandatory and some optional, to estate planning topics. In my first year required Property course, I spend several days reviewing the basic principles of intestate succession and wills. Texas Tech then requires all students to complete a four-credit introductory course entitled Wills and Trusts as a condition of graduation during their second or third year. Students desiring a more sophisticated treatment may take courses such as Estate Planning, Texas Estate Administration, Guardianship, Estate and Gift Tax, Elder Law, and Marital Property. Students may also compete for a coveted position as an editor for the Estate Planning and Community Property Law Journal that Texas Tech publishes.

This Article reveals my basic teaching philosophy and the general pedagogical techniques I employ to make Trusts and Estates topics both fun and relevant. I will then share with you the specific tools I use when teaching the introductory course as well as the advanced courses such as Estate Planning and Texas Estate Administration. It is my hope that you may be able to gain insight from my approach to enhance your own teaching and the experience you provide to your students.

"Streaming While Teaching: The Legality of Using Person Streaming Video Accounts for the Classroom" Free Download
23 Albany Law Journal of Science and Technology 221, 2013
Touro Law Center Legal Studies Research Paper Series

JONATHAN I. EZOR, Touro College - Jacob D. Fuchsberg Law Center
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Educators are constantly seeking new sources of relevant material to illustrate doctrinal and practice topics. With the growing understanding of students’ different learning styles, as well as the expansion of high-speed network connections and large displays in the classroom, streaming video has begun gaining popularity as an educational tool. Films, television programs, and real-time and archived legislative and court sessions may provide examples (both positive and negative) to enhance pedagogy. One increasingly common source for streaming content is a commercial video provider such as Netflix, Amazon, and Hulu. Even where such providers do not offer educational or institutional services, educators may have personal accounts with the service to which they can connect from the classroom in order to show movies and television shows to students. The benefits are clear: little or no cost to either the school or the students, an ever-growing catalog of titles, and avoiding the delay of ordering and obtaining desired titles on DVD or VHS.

The ease and low cost of streaming services, however, do not necessarily translate into permissibility; faculty use of personal Netflix or similar streaming accounts in the classroom may not be legal. While certain provisions within U.S. copyright law (notably 17 U.S.C. § 110(1)) permit display of otherwise protected works in a not-for-profit classroom setting, the statutory exceptions, and the contracts underlying the service membership, may operate to prohibit this use of personal streaming accounts. The author explores using streaming technology in the classroom from the legal, ethical, and institutional policy perspectives.

"O Ensino Do Direito Animal: Um Panorama Global (Teaching Animal Law: A Global Overview)" Free Download
Revista de Direito Brasileira, v. 6, p. 232-272, 2013.

TAGORE TRAJANO, Federal University of Bahia (UFBA)
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Portuguese Abstract: Este artigo visa elaborar um panorama do ensino do Direito Animal no mundo ocidental. O debate moral iniciado na filosofia foi absorvido por diversos sistemas jurídicos através do seu corpo docente e discente, criando uma atmosfera adequada para repensar a teoria do direito e seus sujeitos. Através da visualização das diversas experiências pedagógicas existentes ao redor do planeta, buscou-se definir o atual estágio de desenvolvimento da matéria no Brasil. Sendo assim, a direção proposta é no sentido do reconhecimento do novo paradigma pós-humanista a influenciar uma reinterpretação dos conceitos jurídicos através do ensino do curso Direito Animal nas Faculdades de Direito.

English Abstract: This article aims to provide a World Animal Law courses overview in the Western world. The debate starts in moral philosophy and after it absorbed by various legal systems through its faculty and students, creating an atmosphere appropriate to rethink the theory of law and its subjects. Through visualization of the various existing educational experiences around the planet, we sought to define the current stage of development of the field in Brazil. Thus, the proposed direction is towards the recognition of the new paradigm posthumanist to influence a reinterpretation of legal concepts through teaching Animal Law course in the Law Schools.

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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 and Director, Frances Lewis Law Center, Washington and Lee University School of Law

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University of Texas - School of Law, The Center for Global Energy, International Arbitration, and Environmental Law

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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
affiliation not provided to SSRN

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
Professor of Law; Director, Center for Social Justice and Public Service, Santa Clara University - School of Law