556 research outputs found
Sort by
Genre Discovery 2.0
Full text linkTen years ago, I proposed the “genre discovery approach” for teaching new legal writers how to write any legal document, even ones they had never encountered before. Using the genre discovery approach, a writer studies samples of a genre to identify the genre’s conventions so that they can write the genre. From the seed of Genre Discovery 1.0, the approach’s potential has blossomed into a robust pedagogical system: Genre Discovery 2.0. Genre Discovery 2.0 is more effective than Genre Discovery 1.0 because it more explicitly integrates metacognition into its pedagogy.
Metacognition, “the concept that individuals can monitor and regulate their own cognitive processes and thereby improve the quality and effectiveness of their thinking,” is not innate—it must be taught. The legal writing professoriate has embraced metacognition to teach our students to be conscious of their learning. Some legal writing professors have contributed strategies for teaching metacognition to law students. Most current metacognitive teaching strategies include overlays atop an underlying assignment. In other words, these strategies require two steps to teach metacognition: the underlying task itself and then the separate metacognitive task that overlays the main task. This learning process is inefficient because it requires multiple steps. It is also less effective because the metacognitive activity is divorced from the underlying assignment, requiring students to make a cognitive leap from one assignment to the other. The push for metacognition in legal education has come from the upper levels of legal education reform. This article shows that metacognition is the best way to prepare our students to be practice ready.
This article argues that Genre Discovery 2.0 is the ideal way to teach legal research and writing to new legal writers because it integrates metacognition into its pedagogy rather than teaching metacognition as a separate overlay. By integrating metacognition, Genre Discovery 2.0 fulfills the promise of its predecessor by giving new legal writers the skills they need to not only learn how to write in law school but to learn how they learn and how to be lifelong learners
Education, Employment, and Healthcare: Personal and Societal Strategies for Transitioning Servicemembers\u27 Fiscal Sustainability
Full text linkSoaps and Shampoos: Proposals to Reform Regulation in the United States Personal Care Market to Decrease Deforestation from Palm Oil Imports
Full text linkPalm oil is the world\u27s most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders in Indonesia and Malaysia. This note addresses how palm oil production specifically in the U.S. has contributed to deforestation and global environmental impact through its personal care product industry. First, a historical overview will depict how palm oil has become the most highly sought-after vegetable oil followed by a more in-depth analysis that will focus on the uses of palm oil globally and domestically. The Paris Climate Conference is discussed to explore how different nations are addressing their hand in deforestation caused in part by palm oil production. Lastly, recommendations to reform existing laws and propose new regulations in the U.S. will be discussed. This will explore the ways in which the SEC, FDA, and EPA all have a pivotal role in the personal care industry and how that role directly impacts deforestation resulting from palm oil production
Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution and the Challenges of International Regulation
Full text linkTo meet the environmental demands imposed by the International Maritime Organization, the commercial shipping industry’s use of predominantly marine diesel fuel will need to change drastically. Current answers to these environmental concerns include the use of biofuels, battery packs, and liquified natural gas, but these are short-term solutions that will not fully meet environmental demands in the long run. Nuclear propulsion, however, is a tried-and-true resolution. The use of nuclear energy results in virtually no environmental impact and has successfully been used by the US Navy for the past 75 years. Unfortunately, the commercial use of nuclear propulsion is stalled by the public misconception that it is dangerous. A nuclear tide is turning with the UK’s adoption of new regulations that provides the first comprehensive legal foundation that will allow nuclear propulsion to be utilized in the commercial shipping industry. The US is following the wake made by the UK as the federal government recently approved a contract for the American Bureau of Shipping to conduct in-depth research into using nuclear propulsion for the private sector. To better curb the negative public perception of nuclear energy usage and to maintain a safe use of nuclear propulsion, stringent and uniform regulations that can be applied to any shipping company with standardized safety standards need to be implemented. A well-defined model exists in Japan, and it can be easily adopted and formed to meet the needs of various international ports to efficiently monitor radioactivity. Furthermore, with strong and strict tort regulations, any potential damages or injuries resulting from an accident involving a commercial ship could help further ease public tension. All these options have already been implemented within the US Navy and should provide the backbone for future legislation. For nuclear propulsion to be a smooth transition and to be successful, forward-thinking legislation needs to be implemented instead of retroactive enaction. The environmental issues and concerns created by the continued growth of the commercial shipping industry will not change. What must change is the source of energy used and that ultimate answer lies with nuclear energy
Citizenship, Assimilation, and the Insular Cases: Reversing the Tide of Cultural Protectionism at American Samoa
No full text
Was Atwater v. Lago Vista Decided Correctly? The Fourth Amendment\u27s Shadow and Simulacra of Police Brutality and the American Dream
Full text linkEASY VICTIMS OF THE LAW: Protecting the Constitutional Rights of Juvenile Suspects to Prevent False Confessions
Full text linkThe inherently coercive nature of custodial interrogation is the very reason the Supreme Court handed down the famous Miranda v. Arizona decision; the court recognized the increased vulnerability that suspects under questioning are subjected to when placed in a situation designed to elicit incriminating information.1 Legal scholars and judiciaries alike agree that the likelihood of police questioning resulting in a false admission of guilt or self-incriminating statements is disproportionately more probable if the subject of the questioning is a minor.2 The constitutional protections that are afforded to juvenile suspects subjected to custodial interrogations are those set out in Miranda, and as evidenced by the rampant incidence of juvenile false confessions, clearly these protections are either facially insufficient or improperly carried out by investigators.3 As the law currently stands, there are few protections afforded above and beyond the standard protections for adult defendants as it relates to the voluntariness of confessions.4
The most common suggestions to reduce the chances that a juvenile suspect will falsely confess are to reform police procedure during the questioning itself or to suppress any statement resulting from involuntary, coerced, or un-Mirandized statements at subsequent proceedings.5 Adding a requirement that counsel be present during the custodial interrogation of juvenile suspects seems to be the most effective and efficient means of preventing false confessions. The most steadfast and all-encompassing protection is to propose a Constitutional Amendment. As the most difficult legislation to enact, it will ensure that the individual requirements are tempered to both proponents’ and opposers’ predilections and will most likely stand the test of time provided it is well-rounded and comprehensive enough.6
Regardless of what the first step is that the law takes to protect the especially vulnerable members of our society in the criminal justice system, it cannot come soon enough to extend a helping hand towards anyone that has the misfortune of being “an easy victim of the law.”
