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Jason Bent, Searching for Common Law Amid the Statutes: A Report on the Restatement of Employment Law, Chapter 4, 21 Em. Rts. & Emp. Pol'y J. 459 (2017)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Salman: The Court Takes a Left-Hand Turn, 49 Conn. L. Rev. 1 (2017)Clicking on the button will copy the full recommended citation.
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Elizabeth Berenguer, The Color of Fear: A Cognitive-Rhetorical Analysis of How Florida’s Subjective Fear Standard in Stand Your Ground Cases Ratifies Racism, 76 Md. L. Rev. 726 (2017)Clicking on the button will copy the full recommended citation.
Law often functions as a mirror of societal values at a given point in time, but it is also a tool of social construction operating to either reinforce generally acceptable norms or to redefine norms that are no longer generally accepted. Through its use of the subjective fear standard, Florida’s Stand Your Ground functions as a tool of social construction in that it reinforces deeply entrenched racial bias and perpetuates racism by condoning and ratifying behavior consistent with the suspicion heuristic. In this way, it not only declares as acceptable those behaviors that are influenced by racial bias, but it also perpetuates racial bias by further burying individual awareness that the bias even exists.
Study after study confirm that Black men, by virtue of their race, are the most feared individuals in society. The theory of embodied rationality confirms that Americans experience a fear response based on race, a germane, innate biological characteristic that cannot possibly accurately communicate whether the other person is a threat. The suspicion heuristic explains the negative decisions and behaviors that result from the irrational fear created by deep-seated, largely invisible, racial bias.
Viewed through the lens of embodied rationality and particularly the suspicion heuristic, Florida’s Stand Your Ground statutory scheme condones, ratifies, reinforces, and perpetuates both overt and implicit racial bias. American culture is long overdue for major shifts in how it views and perceives race. Until law forces individuals to face the realities of racial bias, however, deep-seated beliefs about the value of Black lives, and the lives of other minorities, will continue to breed in the dark recesses of our minds.
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Ciara Torres-Spelliscy, Dark Money as a Political Sovereignty Problem, 28 Kings Law Journal 239 (2017)Clicking on the button will copy the full recommended citation.
Since the U.S. Supreme Court's decision in Citizens United v. FEC in 2010, over $800 million of untraceable dark money has been spent in American federal elections. This could include illegal foreign donations. This short article explores why dark money in American elections presents a political sovereignty problem.
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Arie Trouwborst et al., International Wildlife Law: Understanding and Enhancing Its Role in Conservation, 67 BioScience 784 (2017)Clicking on the button will copy the full recommended citation.
Many conservation professionals are familiar with the Convention on International Trade in Endangered Species (CITES), the Convention on Migratory Species (CMS), the Convention on Biological Diversity (CBD), the Ramsar Convention, and the World Heritage Convention. Regional instruments, such as those focusing on Africa, Antarctica, or Europe, are also conspicuous features of the conservation arena. Other international wildlife agreements focus on particular species, such as polar bears or albatrosses, or particular transboundary protected areas, such as the huge Kavango-Zambezi Transfrontier Conservation Area (see table 1). These agreements are collectively known as international wildlife law (Bowman et al. 2010). The binding agreements themselves are typically accompanied and informed by an evolving set of nonbinding instruments, such as Conference of the Parties (COP) decisions and action plans.
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Catherine J. Cameron, In The Eyes of the Law Student: Determining the Reading Patterns of Law Students with Eye-Tracking Technology, 45 Rutgers Law Record 39 (2017)Clicking on the button will copy the full recommended citation.
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Lance Long and Ted Hamilton, Washington v. Brockway: One Small Step Closer to Climate Necessity, 13 McGill Journal of Sustainable Development Law & Pol'y 151 (2017)Clicking on the button will copy the full recommended citation.
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Roy Balleste, War in the Expanse: The Metaphysics of Cyberspace, 15 Canadian Journal of Law & Technology 1 (2017)Clicking on the button will copy the full recommended citation.
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Renee Nicole Allen and Alicia Jackson, Contemporary Teaching Strategies: Effectively Engaging Millennials through Formative Assessment, 95 U. Det. Mercy L. Rev. 1 (2017)Clicking on the button will copy the full recommended citation.
“Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime.” – Chinese Proverb
American Bar Association (“ABA”) Standard 314, Assessment of Student Learning, requires law schools to “utilize both formative and summative assessment methods in its curriculum to measure and improve student learning and provide meaningful feedback to students.” This article will connect multiple formative assessments to Bloom’s taxonomy to demonstrate how law teachers can transform and enhance student learning, while promoting key steps in the self-regulated learning cycle. First, it is imperative law teachers understand the education background and social landscape that our students, mostly Millennials, bring to law school. We can acknowledge that our Millennial students are different, but what does this really mean and how does this affect our teaching and their learning? Next, effective application of ABA Standard 314 requires law teachers to understand self-regulated learning and the connection between the stages of learning and various formative assessments. To ensure that we are meeting this challenge, law teachers must become facilitators of learning. By serving as facilitators, we acknowledge the importance of involving students in the learning process from the very beginning. This will ultimately result in shifting the focus from the instructor’s teaching to student learning. While there are various teaching methods, we will explore contemporary teaching strategies as a means of encouraging a student-centered learning environment. Utilizing contemporary teaching strategies fosters an environment that is ripe for effective formative assessment in our courses.
This article will address contemporary teaching strategies for effectively engaging Millennials across the law school curriculum. Part I will examine the experiences that define Millennials and how they learn best. In Part II, we analyze the impact of ABA Standard 314 on law schools. Part III discusses self-regulated learning and metacognition as tools for lifelong learning. In Part IV, we explore how the student-centered classroom enhances student learning. Finally, Part V demonstrates how Bloom’s taxonomy can serve as a framework for effective formative assessment.
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Renee Nicole Allen and Alicia Jackson, Winning! 5 Key Strategies for an Effective Conference Presentation, Learning Curve (2017)Clicking on the button will copy the full recommended citation.