Carnegie Report Research Articles

Skills & Values: Discovery Practice, Chapter 4: Answers to Interrogatories

Over the last few years, there has been much discussion about the future of legal education. Much of this was set in motion by the Carnegie Report (Educating Lawyers, 2007), which speaks to the fundamental notion that it is better to teach legal doctrine (rules and cases) in context. It argues for something we have known for years: that if we can teach the fundamental aspects of each area of law, and do so (where appropriate) in the way it crosses a lawyers’ desk, our students will not only understand and engage with the material better, they will be more “practice ready” when they graduate. The only problem with that idea - which the Carnegie Report failed to address - is that the materials we have to teach with are not, generally speaking, designed to work in that way. The Skills & Values Series was designed from the ground up to fill that critical gap, and will eventually be available for most law school courses. This volume in the Series - Discovery Practice - came out of my teaching a course in the law of civil discovery very much in a Carnegie - “doctrine in context” - format, for nearly 20 years. (This paper is Chapter 4 from the book). The design of the course is fairly simple. Throughout the course, students are deeply engaged in doing outside of class what they are learning in class. That means that in between classes, they are engaged in a simulated civil litigation, with students either representing plaintiff or defendant, and assigned in pairs as opposing counsel. As a result of this design, the book material provides an introduction to the topic of the week, and the problem set materials are at the heart of the course. The problem provided with the book (and in the online companion site) allows the teacher to set up a simulated product liability litigation between an injured plaintiff and a defendant drug company. (If you would like more information about the book and online site, contact your Lexis publishing representative).

Up the Down Pay Scale: Teachers vs. Football Coaches

Up the Down Pay Scale: Teachers <i>vs.</i> Football Coaches

Preparing NPs for Primary Care: Unraveling Complexity with Unfolding Cases

Patients with comorbid mental and physical illnesses often present in the primary care setting. To explore the complexities of caring for these patients, a Behavioral Health Therapeutics course was developed and taught in the first semester of a Doctor of Nursing Practice program. This article describes the research, theories, and curricular innovations used in the online learning environment, which provide the foundation for the course and reflect the essential changes called for in the 2010 Carnegie report. Highlighted in this article is the unfolding case study method using Backward Design by Wiggins and McTighe in the planning phase, Zull's model for engaging the brain in the Implementation phase, and grading criteria created from Tanner's "Case for Cases: A Pedagogy for Developing Habits of Thought" in the evaluation phase.

Embedded Librarians: Teaching Legal Research as a Lawyering Skill

The current movement for reform of legal education focuses on teaching both knowledge and practical skills in combination, as recommended in the 2007 Carnegie Report, Educating Lawyers. In light of technology that now makes masses of law and related information available online, unorganized and seemingly unmanageable, this article proposes that law schools draw on the professional skills of their law librarians to teach students advanced legal research and analysis by embedding them in law school clinics. It outlines a pedagogy for teaching legal research in clinics as a lawyering skill, complete with ethical responsibilities and professional standards, consonant with the recommendations of the Carnegie Report, Educating Lawyers, the 2009 Boulder Statement on Legal Research Education, and the 1992 ABA Taskforce on Law Schools and the Profession, Legal Education and Professional Development (the MacCrate Report). It examines how the relatively new trend of embedding librarians in practice settings, offering assistance at the point of need, could be effective in law schools. Finally, it advances a model for embedding law librarians in law school clinics based on the experiment conducted at the UDC David A. Clarke School of Law, begun by first embedding one librarian in the Juvenile and Special Education Law Clinic and then continued by adding on other clinics. This article has been accepted for publication in the Journal of Legal Education.

NURTURING THE MORAL IMAGINATION : A REFLECTION ON BIOETHICS EDUCATION FOR NURSES

A recent Carnegie Report on Nursing Education – Educating Nurses: A Call for Radical Transformation challenges the nursing profession to embrace an education model that integrates knowledge, skilled know how and ethical comportment. Placing ethics in such a prominent position in nursing education is a radical transformation. Teaching ethics must be intentional and it is integral to the development of individual nurses and the profession as a whole. The development of moral imagination has a prominent place in this new education model. The moral imagination is the ability to ponder and wonder about the inherent rightness or wrongness of decisions, choices and behaviors. This paper will review some key issues relevant to teaching ethics and then explore what nurturing the moral imagination could do for nurses as they learn to apply abstract ethics concepts to their clinical practice.

Outcomes-Based Education One Course at a Time: My Experiment with Estates and Trusts

Over the past three or four years, the legal academy has been under pressure to reform, driven by the critique that legal education does not adequately prepare law students to be lawyers.The Carnegie Report, Best Practices for Legal Education, and even publications by the American Bar Association challenge law schools to radically rethink the delivery of legal education by starting at the end and working backwards. The current buzzword for this kind of education is “outcomes-based” education. The reports encourage law schools to focus on demonstrated student learning (outcomes) rather than what students are taught (input). In fact a report by the ABA Outcome Measures Committee recommends that output measures substantially replace input measures for the purpose of law school accreditation, and the ABA is currently considering amendments to its Accreditation Standards that would incorporate parts of that proposal.When presented with the opportunity to teach a new course, I decided to put some of these ideas to the test. Thus, in planning and ultimately delivering my Estates and Trusts course for the first time, I started at the end: by identifying my desired outcomes. What did I want students who completed my course to be able to do? In Stage II, I identified what evidence I would need to determine whether students had achieved these stated goals. What would student proficiency look like, in my course? Having identified such evidence, I designed assessment tools and activities that would measure such evidence and help me determine the level of proficiency. Stage III involved designing my instruction tools and teaching activities geared toward helping students gather the evidence necessary to allow me to assess whether they were achieving the stated outcomes. I planned to teach toward my goals. And finally, in Stage IV, I reviewed the whole process – one goal at a time, one class at a time, one assessment tool at a time – to figure out how I as an instructor had succeeded, or not, at designing and delivering the course from the end to the beginning.In this article, I explore and demonstrate the effectiveness of outcomes-based education in the context of the planning and delivery of this one course. After giving a general overview of outcomes-based education, each section of the article will first describe the particular stage of outcomes-based education (i.e. outcomes, assessment, delivery, evaluation), drawing from non-legal and legal education resources on the topic; and then will describe my process of implementing these ideas, with some evaluation of their usefulness both for me as a teacher, and for my students.I do not think I am ruining the story by giving away the ending: Requiring clarity and transparency about my goals for this course, and gearing the entire course toward helping students meet those goals resulted in a course that felt more intentional, contextual, and capable of reproduction than any course I had taught before. I believe the students benefited from my planning and teaching, by gaining more understanding both of the material itself, and also of the process of learning the material. Their ability to self-assess throughout the semester improved measurably, allowing me to refine and adjust the materials as needed much more than I had done in previous courses. In short, this way of designing and implementing a course worked beautifully for me, and I believe it worked for my students.

A Discussion of High-Stakes Testing: An Extension of a 2009 INACSL Conference Roundtable

This article was prompted by an extended discussion in 2009, on the International Nursing Association for Clinical Simulation and Learning (INACSL) Listserv, about the use of simulation for high-stakes testing. That discussion led to a roundtable at the 2009 INACSL conference in St. Louis. This article comes from notes taken at that roundtable and further-developed thoughts of the lead discussants. Many of their conclusions were echoed in the recent Carnegie report on nursing education.

Is Our Students Learning?: Using Assessments to Measure and Improve Law School Learning

The primary role of a law school is to make sure students learn skills to become competent lawyers. Learning is a loop in which the teacher facilitates learning, students perform tasks to show what they have learned, the teacher assesses and provides feedback on students' performance, and students use the feedback to improve their learning skills for the next learning task. Teacher assessment feedback is critical to student learning. Prompt and frequent feedback allows students to take control of their learning by (a) obtaining necessary remediation for identified deficiencies in the development of their learning skills and (b) adjusting their approaches to performing the next learning tasks. Assessments, therefore, have a greater influence on how and what students learn than any other factor. As the recent Carnegie Report noted, there is currently no coordinated effort in American legal education to determine the best use of assessments to improve law student learning. Without a suitable program to provide students timely feedback on their performance, the learning loop is broken. The Carnegie Report urges law schools to incorporate a coordinated approach to assessments as a way to develop competent lawyers. In addition to encouraging law teachers and law schools to use assessments to improve student learning, this article provides a set of best practices for using assessments and furnishes examples of various forms of assessments.

Calls for Reform of Medical Education by the Carnegie Foundation for the Advancement of Teaching: 1910 and 2010

The Carnegie Foundation for the Advancement of Teaching, which in 1910 helped stimulate the transformation of North American medical education with the publication of the Flexner Report, has a venerated place in the history of American medical education. Within a decade following Flexner's report, a strong scientifically oriented and rigorous form of medical education became well established; its structures and processes have changed relatively little since. However, the forces of change are again challenging medical education, and new calls for reform are emerging. In 2010, the Carnegie Foundation will issue another report, Educating Physicians: A Call for Reform of Medical School and Residency, that calls for (1) standardizing learning outcomes and individualizing the learning process, (2) promoting multiple forms of integration, (3) incorporating habits of inquiry and improvement, and (4) focusing on the progressive formation of the physician's professional identity. The authors, who wrote the 2010 Carnegie report, trace the seeds of these themes in Flexner's work and describe their own conceptions of them, addressing the prior and current challenges to medical education as well as recommendations for achieving excellence. The authors hope that the new report will generate the same excitement about educational innovation and reform of undergraduate and graduate medical education as the Flexner Report did a century ago.

Lawyers, Loyalty, and the Question of Citizenship: Perspectives from the Classroom and from Catholic Social Thought

The Carnegie Foundation for the Advancement of Teaching’s 2007 report titled Educating Lawyers (the 'Carnegie Report') notes the failure of American law schools to prepare lawyers to act as good citizens of our democratic society. This essay relates the experience of two law professors in attempting to address this issue. It begins by pointing out the importance of this aspect of legal education, and then proceeds to report on two classes, one taught by each of professor, that attempts to address the question of lawyerly citizenship on the basis of somewhat divergent theoretical and pedagogical inclinations and concerns. It relates this experience to the teaching of citizenship provided by Catholic Social Thought: a full, proper understanding of the nature and purpose of the state. Because the state orders the associations of society and the loyalties of citizens, it in important ways defines citizenship in theory and practice. Thus, a perspective informed by Catholic Social Thought on the service function of the state provides a framework for ordering the duties and loyalties of the ethical attorney.

What Law Schools Should Teach Future Transactional Lawyers: Perspectives from Practice

Since at least the 1980’s, law schools have been chided for doing a poor job at teaching skills. This criticism has been accompanied by pressure to increase their emphasis on skills training. The pressure increased with the publication of the McCrate Report in 1992, and then again with the publication of the Carnegie Report in 2007. But is the underlying premise correct? This article is an edited version of my remarks given at the 2009 mid-year meeting of the AALS Conference on Business Associates. In those remarks, I respond to the questions 'Are law schools teaching students adequate transactional skills?' and 'From the standpoint of preparing students for a transactional practice, what would you like to see law schools change?' To answer these questions, I first describe different categories of knowledge a successful lawyer should have, and examine what people mean when they refer to skills. I then discuss which of these categories of knowledge law schools can and should teach, and which should be left to law firms (based on the comparative advantages of each). Finally, after noting that the heavy focus of law school critics on skills training mask some more significant issues, I share my thoughts on how law schools can change to better prepare students for a transactional practice.

Changing the Field: Recognizing the Importance of Communication Methodology in the 21st Century American Law School

American legal education has been tradition bound for more than a century, dominated by a view of law as a special cognitive science accessed primarily through Socratic questioning. This questioning comprised a dialogue with students led by the professor, the orchestra leader, with appellate case opinions serving as the sheet music. The field of vision, or text of the education, tended to be stationary, meaning it has been a classroom-oriented, non-mobile education, where the learning is organized around the dispensation of information from teachers to students in a linear fashion. Contextual matters, such as the nature of the classroom, learning styles of the students and communication methodology, often were left in the background, recognized as relevant, but not significant enough to re-orient the traditional field. In recent years, a new dynamic within American legal education and in the outside world has spurred interest in substantive and process-oriented changes. One area of change involves the efficacy of legal education - whether the delivery of the education is effective on a local, national, and international platform. With the publication of the Carnegie Report, Educating Lawyers: Preparation for the Profession of Law, calling for a significant redesign of the education, and the Best Practices for Legal Education: A Vision and a Roadmap, another work calling for widespread reforms of American legal education, including different forms of instructive methodology with well-articulated goals, effective communication by professors and students as a part of the professional discourse has become more important than ever.

Standing at the Gates: A New Law Librarian Wonders About the Future Role of the Profession in Legal Research Education

ABSTRACT There have long been complaints about the legal research skills of law school students and recent graduates. In this article the author focuses on the period between the release of two important reports on legal education, the MacCrate Report in 1992 and the Carnegie Report in 2007, examining how law librarians and other professionals involved were engaged in responding to the problem. The author concludes that if law librarians want to be involved more fully in legal research education, some changes or reexamination of our professional culture and positions may be necessary.

Teaching Health Law

With the publication of the Carnegie Foundation’s 2007 report on legal education, law schools are focused again on curriculum reform. The Carnegie report highlighted a number of important issues, one of which is the need to improve the teaching of lawyering skills. This article takes up one subset of the skills package of lawyers – transactional law skills – and suggests that health law courses provide an excellent forum for exploring and teaching such skills.With their reliance on the case method, law schools historically have done little to introduce students to transactional thinking, practice, or skills. Yet today, transactional work is a significant component of most attorneys’ practices. A common misperception is that transactional law only means “doing deals” while at a large law firm.

Teaching Empathy Through Simulation Exercises - A Guide and Sample Problem Set

For over a decade, legal educators (particularly clinical faculty) have argued for the importance of teaching empathy as a critical component of legal education. Both the Carnegie Report and the Best Practices study have emphasized that legal education's instruction in skills - including lawyer-client relationship skills - requires greater attention. While some might argue that empathy is a skill that cannot be taught outside the context of clinical representation of clients, this simulation problem proceeds from the assumption that empathetic understanding of the client's situation is a skill that can be addressed in a variety of settings. Indeed, if empathy is left unaddressed in the classroom, legal education may further the divide of mind and heart and leave students with a message that what they learn in the classroom is an intellectual exercise of little real relevance to what they will do as an attorney.Professional responsibility courses are an especially appropriate classroom in which to address empathetic understanding of the client, as a key component in exploring the attorney-client relationship and the attorney's duty of communication. This role play is designed in the context of a bar admission problem. While the problem can be used to explore the substantive standards for admission to practice or the impact of law regarding disabilities on that process, the primary goal of this exercise is to explore how it feels to be a client. By placing the students in the role of a law student bar applicant - a situation that nearly every law student can imagine - the role play makes it easier for students to internalize the feelings and perspectives of the client. The role play includes instructions for attorney and client, documentary evidence, and a research memorandum on applicable law. Also included is an edited version of the actual case which is a basis for the problem.

Perelman in Legal Education: Recalling the Rhetorical Tradition of Isocrates and Vico

This paper was presented on October 14, 2008 as part of a panel addressing The Influence of Perelman in Legal at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.

Beyond Text in Legal Education: Art, Ethics and the Carnegie Report

This paper argues that the development of ethical education in law schools ought not to be restricted to the use of textual resources. In the first part of the paper, the continuing dominance of text as the object of analysis in legal theory, legal scholarship and legal practice is illustrated. The dangerous implications of this continuing dominance on the capacity to see and recognise the great variety and depth of suffering and vulnerability is also discussed. It is argued that recourse ought to be had to those traditions of moral philosophy that emphasise the importance of cultivating vision as a form of moral discipline - a discipline, in turn, that can benefit a great deal from the use of non-textual resources, and in particular, from both the appreciation of and involvement in the visual and movement-based arts. In the second part of the paper the treatment of ethical education in the recent Carnegie Foundation for the Advancement of Teaching Report on Educating Lawyers is discussed. It is argued that we ought not to subsume the development of ethical education under the canopy of professionalism - a canopy already saturated with text, both in the form of the substantive and procedural law that is expected to be applied, and in the form of the evaluation of professional conduct in accordance with the relevant professional code. Finally, in the third part of the paper, a number of policy recommendations are made.

Employment as Transaction

Revolution is in the air. The corridors of American law schools are teeming with talk of curricular reform as faculties and administrators across the country contemplate the implications of the Carnegie Report’s recent assessment of the quality of legal education. Many of the criticisms are familiar: graduating law students lack practical experience and an appreciation for professional values. But unlike past indictments, the Carnegie Report stands poised to be the first to inspire concrete changes in curriculum and pedagogy. In the same

Shaping college football: the transformation of an American sport, 1919-1930

Shaping College Football is the story of the intercollegiate gridiron sport in the years immediately after World War I when the game underwent monumental changes that transformed it into one of America's fundamental sporting attractions and a commercial entity that would be recognizable to any twenty-first century fan. Raymond Schmidt examines the many factors that were a part of college football's reshaping in the 1920s as universities became dependent upon the revenue being generated by football, and the sport increasingly became identified as a commercialized, big business activity. Offering the most detailed examination ever undertaken of college football's Golden Era, Schmidt covers issues ranging from the shift of power away from the game's pioneering schools, through the real evolution of forward passing, to stadium building and the decade-long struggle over the game's growing overemphasis that culminated in the legendary Carnegie Report of 1929.

Management as a Regulated Profession

The history of management education shows the rigor and relevance gap has been around for centuries, well before its appearance in the United States. Nor is it peculiar to management. It is neither germane to our discipline's present difficulties nor an appropriate focus for our critics. Rather, history suggests we finally parted company with managers after the 1959 Ford and Carnegie reports, as we presumed rationality alone was the sufficient basis for understanding them and their doings. These reports helped us turn management education into a profession even as management itself has yet to become one. To return closer to managers, the author suggests rationality captures one dimension of their practice, whereas the notion of business as an art form might capture its complement. Reformed art education, covering art's history, aesthetics, criticism, and production, provides a framework for studying the managerial art, and leads us to a rich, dynamic theory of the firm.