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Author: Edwin Scott Fruehwald
Publisher:
ISBN:
Category : Critical thinking
Languages : en
Pages : 202
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Book Description
Critical thinking is essential for lawyers, judges, and law students. Yet law schools have never systematically taught critical thinking to their students. The main purpose of this book is to help law professors teach lawyers, judges, and law students how to become critical thinkers. It first explains critical thinking to professors, and, then, it shows how they can teach this knowledge to students. Lawyers, judges, and law students can also use this book to teach themselves critical thinking.Chapter One introduces the reader to the need for critical thinking in the law, and it will give two methods of evaluating how critical thinking works within legal education. Chapter Two helps the reader understand the basics of critical thinking. Most scholars think that critical thinking is domain specific, so Chapter Three presents the domain of the law. Chapter Four applies critical thinking basics to law's domain, and it shows how to teach critical thinking to lawyers, judges, and law students. Chapter Five shows how critical thinking processes can improve the use of the Socratic method in legal education. Chapter Six discusses how critical thinking can make law professors better teachers. Chapter Seven demonstrates how critical thinking can produce better legal writing professors. Chapter Eight focuses on judges and critical thinking. The final chapter brings everything together and highlights the most important aspects of teaching critical thinking to lawyers, judges, and law students. Two appendices contain sample Socratic dialogues that employ critical thinking. I have included exercises and problems on critical thinking throughout the book.
Author: Edwin Scott Fruehwald
Publisher:
ISBN:
Category : Critical thinking
Languages : en
Pages : 202
Get Book
Book Description
Critical thinking is essential for lawyers, judges, and law students. Yet law schools have never systematically taught critical thinking to their students. The main purpose of this book is to help law professors teach lawyers, judges, and law students how to become critical thinkers. It first explains critical thinking to professors, and, then, it shows how they can teach this knowledge to students. Lawyers, judges, and law students can also use this book to teach themselves critical thinking.Chapter One introduces the reader to the need for critical thinking in the law, and it will give two methods of evaluating how critical thinking works within legal education. Chapter Two helps the reader understand the basics of critical thinking. Most scholars think that critical thinking is domain specific, so Chapter Three presents the domain of the law. Chapter Four applies critical thinking basics to law's domain, and it shows how to teach critical thinking to lawyers, judges, and law students. Chapter Five shows how critical thinking processes can improve the use of the Socratic method in legal education. Chapter Six discusses how critical thinking can make law professors better teachers. Chapter Seven demonstrates how critical thinking can produce better legal writing professors. Chapter Eight focuses on judges and critical thinking. The final chapter brings everything together and highlights the most important aspects of teaching critical thinking to lawyers, judges, and law students. Two appendices contain sample Socratic dialogues that employ critical thinking. I have included exercises and problems on critical thinking throughout the book.
Author: Edwin Scott Fruehwald
Publisher:
ISBN:
Category : Critical thinking
Languages : en
Pages : 0
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Book Description
"Critical thiking is essential for law students, lawyers, law professors, and judges. Yet law schools have never systematically taught critical thinking to their students. The main purposes ofthis book is to help law students, lawyers, law professors, and judges become critical thinkers." -- Back cover.
Author: Katherine A. Currier
Publisher: Aspen Publishing
ISBN: 154382076X
Category : Law
Languages : en
Pages : 1057
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Book Description
Proven effective in the classroom, The Study of Law: A Critical Thinking Approach, now in its Fifth Edition, brings real-world perspective to understanding basic legal concepts and the mechanics of the American legal system. The authors’ acclaimed critical thinking approach actively engages students in the process of legal reading, analysis, and critical thinking. The text offers a thorough introduction to core topics and concepts, including sources and classifications of law, the structure of the court system, civil litigation and its alternatives, analyzing and interpreting the law, and substantive law. New to the Fifth Edition: Streamlined with the student in mind. For example, an enhanced explanation of how to brief a case in Chapter 1 (Introduction to the Study of Law), and a clearer discussion of executive orders and memoranda in Chapter 2 (Functions and Sources of Law). Chapter 5 on Civil Litigation and Its Alternatives is edited to focus on the key topics. Updated throughout, including: Chapter 6 (Constitutional Law): Packingham v. North Carolina regarding First Amendment rights as they relate to the internet; Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, addressing the balancing act between giving states the right to legislate for the general public good and the individual right to express religious beliefs; American Legion v. American Humanist Association with examples of how the Supreme Court applies the Lemon test; and an enhanced discussion of the internet and the U.S. Constitution. Chapter 7 (Torts): Contemporary torts related to the #MeToo movement, cyberbullying, and cybertorts. Chapter 9 (Property and Estate Law): Matal v. Tam and expanded discussion of cases related to the Lanham Act. Chapter 10 (Laws Affecting Business): New coverage of public benefit corporations and the Family Medical Leave Act. Chapter 11 (Family Law): expanded discussion of Obergefell v. Hodges; Terrell v. Torres; and new discussion of DNA testing and its impacts on family law. Chapter 12 (Criminal Law): Commonwealth v. Carter Chapter 13 (Criminal Procedure): Mitchell v. Wisconsin regarding blood testing without a warrant; Carpenter v. U.S. regarding use of cell-site locations without a search warrant New co-author, Marisa Campbell, brings her extensive teaching experience to the book. Professors and students will benefit from: Critical thinking approach introduces students to the study of law, encouraging them to interact with the materials through hypothetical scenarios and exercises, realistic examples, discussion questions and legal reasoning exercises. Strong pedagogy reinforces well-written text presented in an accessible and well-organized format. Edited cases in every chapter teach students how to read and analyze the law. Thorough introduction to substantive law, with chapters on torts, contracts, property and estate law, business law, family law, and criminal law and procedure, and professional responsibility and ethics.
Author: E. Scott Fruehwald
Publisher: Createspace Independent Publishing Platform
ISBN: 9781546902683
Category : Cognition
Languages : en
Pages : 160
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Book Description
Comedian Bill Maher recently declared, "Apple, Google, Facebook, they are essentially drug dealers." Similarly, 60 Minutes had a segment on "brain hacking." What were Maher and 60 Minutes talking about? Brain biases that clog up our thinking and allow us to be manipulated by others. The human thinking process is imperfect. The brain evolved. Parts of our brains today are remnants of the brains our early ancestors had, brains which had developed to survive under very different conditions from today. These remnants produce cognitive biases-ways of thinking that are different from reality. Individuals need to overcome their cognitive biases in order to think more clearly and avoid being manipulated by others. I have written this book for anyone who wants to understand cognitive biases and begin to overcome them. First, I give you the big picture. I discuss the basics of cognitive biases and the dangers of biased thinking. Then, I ask you to look at your inner self through a series of questions and exercises. Next, I deal with specific cognitive biases, such as optimism biases, negativity biases, biases concerning others, and behavioral economic biases, and I help you deal with these biases through a series of exercises. Then, I ask you to apply what you have learned in more complicated exercises. Finally, the Epilogue shows you how Uber is using brain biases to control their drivers and how smartphone and social media are employing these biases to get you to stay on-line longer.
Author: Ruggero J. Aldisert
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 308
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Book Description
Author: Kenneth J. Vandevelde
Publisher: Routledge
ISBN: 0429973888
Category : Political Science
Languages : en
Pages : 350
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Book Description
Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.
Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674062485
Category : Law
Languages : en
Pages : 256
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Book Description
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
Author: Lani Guinier
Publisher: Beacon Press
ISBN: 9780807044056
Category : Social Science
Languages : en
Pages : 188
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Book Description
"The challenge, then, is not to invent new victims or new scapegoats but to mobilize America for the future. What would it take to ensure that all of us can succeed at getting the job done, the problem solved, and the future more secure?" As a student at Yale Law School in 1974, Lani Guinier attended a class with a white male professor who addressed all the students, male and female, as "gentlemen." To him the greeting was a form of honorific, evoking the values of traditional legal education. To her it was profoundly alienating. Years later Guinier began a study of female law students with her colleagues, Michelle Fine and Jane Balin, to try to understand the frustrations of women law students in male-dominated schools. Women are now entering law schools in large numbers, but too often many still do not feel welcome. As one says, "I used to be very driven, competitive. Then I started to realize that all my effort was getting me nowhere. I just stopped caring. I am scarred forever." After interviewing hundreds of women with similar stories, the authors conclude that conventional one-size-fits-all approaches to legal education discourage many women who could otherwise succeed and, even more, fail to help all students realize their full potential as legal problem-solvers. In Becoming Gentlemen Guinier, Fine, and Balin dare us to question what it means to become qualified, what a fair goal in education might be, and what we can learn from the experience of women law students about teaching and evaluating students in general. Including the authors' original study and two essays and a personal afterword by Lani Guinier, the book challenges us to work toward a more just society, based on ideals of cooperation, the resources of diversity, and the values of teamwork.
Author: E Scott Fruehwald
Publisher:
ISBN:
Category :
Languages : en
Pages : 200
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Book Description
This book's purpose is to better prepare law students and lawyers for the practice of law by providing them with a firm foundation in legal reasoning, showing them how to apply legal reasoning skills to facts, and teaching them legal problem solving. I will do this by focusing explicitly on the different types of legal reasoning and the types of miniskills needed to develop the different types of legal reasoning.The chapters in this book will present the different types of legal reasoning, the miniskills that are related to the different types of legal reasoning, and how to use these miniskills in combination. Chapter One discusses the five types of legal reasoning. Chapter Two will teach you how to be a critical and engaged reader and analyze cases, skills that are needed before you can learn the other miniskills in detail. Chapter Three concerns reasoning by analogy, which involves showing how your case is like a precedent case. Chapter Four examines rule-based reasoning, and how to apply rules to facts. Chapter Five involves synthesizing cases into rules, which is an important skill in establishing the law. Chapter Six investigates statutory interpretation. Chapter Seven brings the prior chapters together, by demonstrating how the different types of legal reasoning relate to the small-scale paradigm (how to organize a simple analysis). Chapter Eight fills in this paradigm by examining how to respond to opposing arguments and distinguish cases. Finally, Chapter Nine serves as a capstone to this book with its presentation of advanced problem solving and creative thinking. The appendices cover how the American legal system developed and canons of statutory construction.One of the purposes of this book is to allow law students to learn legal skills independently. I want students to be able to get immediate feedback on their learning. Consequently, I have put answers to the exercises at the end of each chapter.
Author: Patrick M. McFadden
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 240
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Book Description
This concise, accessible text provides law students with a way of organizing and thinking about their coursework and about the cases, laws, and regulations they confront every day.Among the features of this book: - based on the premise that despite the law's complexity, there are three primary questions that recur in different guises throughout legal practice: - Is there a law? - Has it been violated? - What will be done about it? - brings order to the multitude of legal issues that law students confront in the cases and materials they study - introduces the dynamics of legal argument - helps students recognize the basic questions posed in a legal dispute as well as the predictable reasons lawyers give for reaching one resolution or another - contains a helpful Glossary of Legal Terms and extensive index, as well as a list of suggested readings
