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Teaching Creative Problem Solving: A Paradigmatic Approach
Get PDFThis article presents a visual and descriptive model for teaching creative problem solving in the law school curriculum. After elaborating on the definition and significance of teaching creative problem solving to law students, the author describes her model and her teaching methods in clinical classes as well as law school courses
Solving the Chronic Problem of Sexual Harassment in the Workplace: An Empirical Study of Factors Affecting Employee Perceptions and Consequences of Sexual Harassment
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Kahan on Mistakes
Get PDFIn Ignorance of Law Is an Excuse - but Only for the Virtuous, Professor Dan Kahan reconciles what I had thought was an irreconcilable body of law. To be sure, imposing order on whether and when mistakes of law should pass as responsibility-evading accountsof untoward actions is far from light work. Yet Kahan somehow pulls it off in just twenty-seven pages. In addition to acknowledging the importance of Professor Kahan\u27s essay, I write here to point out if not correct what might have been two oversights in his view of the meaning and operation of mistakes. First, Kahan never acknowledges that the legal moralism he endorses has long governed when mistakes of fact - which bear at least a family resemblance to mistakes of law - can excuse us from responsibility for what we have done. Second, the real power and demands of Kahan\u27s essay are only hinted at. While the implication of his thesis - that law is suffused with morality and... the making of moral judgments \u27 - is profound, Kahan stakes out no moral positions. Kahan certainly is free to consign to courts the task of establishing criteria for evaluating whether, for example, possessing firearms, failing to pay taxes, illegally transporting wildlife, and failing to report campaign contributions are matters of morality as well as of law. Still (and this may be morepersonal than dialectical), I felt deprived by his refusal to answer what, at least to my mind, had provided the occasion for his essay: Is it moral to obey the law? Immoral to break it
