Bibliography It Takes a Village to Raise a Child It Takes Two Professional to Successfully Teach Research and Analysis

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Teaching Legal Research Exercises document sample

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							                                  Bibliography
                      It Takes a Village to Raise a Child;
     It Takes Two Professional to Successfully Teach Research and Analysis
                         Joan Shear and Judith Tracy, Boston College Law School
                         2006 Legal Writing Institute Conference, Atlanta, Georgia


Joan Shear, Elevating Form above Substance, AALL Spectrum 10 (June 2005), responding to James G.
Milles, Out of the Jungle, AALL Spectrum 10 (February 2005)
             presenting different perspectives on teaching print v. online sources in a research curriculum

Charles J. Ten Brink, A Jurisprudential Approach to Teaching Legal Research, 39 New Eng. L. Rev. 307
(2005)
             addressing the need to consider “the „why‟ behind the „how‟” in teaching legal research, but primarily
               discussing this in the context of an advanced legal research curriculum; “…students [should]
               consider how structures of legal thought affect structures of information …” (309); “…legal research
               is not an endeavor distinct from the process of legal reasoning and argument.” (316)

Paul Douglas Callister, Beyond Training: Law Librarianship‟s Quest for the Pedagogy of Legal Research
Education, 95 Law Libr. J. 7 (2003).
             exploring the creation of a flexible pedagogy that emphasizes frameworks for understanding and
                solving problems, rather than the traditional bibliographic or process-centered approaches to legal
                research, in order to facilitate the learning process and prepare students to face future legal research
                challenges.
             Note: strongly recommended.

Susan King and Ruth Anne Robins, Creating New Learning Experiences Through Collaborations Between
Law Librarians and Legal Writing Faculty, 11 NO. 3 Perspec. Teaching Legal Res. & Writing 110
(Spring 2003)
            describing a collaboration which is “less formal than co-teaching” but within a program in which
                legal writing professionals are primarily responsible for teaching legal research, incorporating jointly
                designed assignments in which students will appreciate “the synergy between thorough research and
                effective writing.”
            NOTE: We engage in and advocate a much more substantive and ongoing collaboration in
                curriculum design and instruction than that described by the authors, with the librarian being much
                more than “an active consultant.”
James B. Levy, Better Research Instruction Through “Point of Need” Library Exercises,
       7 Legal Writing: J. Legal Writing Inst. 87 (2001)
            presenting suggestions for providing research exercises to students which are “individualized” and
               provide immediate feedback, “by giving students a process-oriented type exercise that includes written
               instruction from their teacher as they undertake their research projects.” (97)
            NOTE: A number of useful sources are cited in the footnotes to this article relating to, e.g. , better
               outcomes when students are engaged as active learners in assignments and understand their relevance,
               including research exercises.

James B. Levy, The Cobbler Wears No Shoes: A Lesson for Research Instruction, 51 J. Legal Educ. 39 (2001)
            NOTE: Although we agree with the author‟s statement that law librarians have superior expertise
               in the use of library resources, and his general assertion that anyone who teaches legal research for a
               living should be enthusiastic about it, we disagree that these teachers need to convince themselves that
               what they do is interesting and valuable.
            relying on a number of valuable articles describing interesting ways of teaching research which were
               written by law librarians

Helene S. Shapo and Christina L. Kunz, Brutal Choices in Curricular Design: Teaching Research as Part of an
       Integrated LR&W Course, 4 NO. 3 Perspec. Teaching Legal Res. & Writing 78 (Spring 1996)
             advocating an LR& W curriculum in which “legal research instruction is timed to complement and
                be part of instruction in writing and legal analysis,” and describing some ways to accomplish this;
             NOTE: We disagree with the authors‟ statement, “We do not think that a person must be a
                trained librarian to utilize the type of research instruction we have described”, which we suspect may
                in large part reflect that this article was written nearly ten years ago.

Lucia Ann Silecchia, Legal Skills Training in the First Year of Law School: Research? Writing? Analysis? or
More?, 100 Dick. L. Rev. 245 (Winter 1996)
            presenting a comprehensive discussion of to what extent first-year programs “should focus on
               providing in-depth research and writing training … [or] … adopt a more holistic curriculum that
               exposes students to a range of skills beyond research and writing.” (252)
            NOTE: See particular discussion about the increasing complexity of the research curriculum. (272-
               277, and material in accompanying footnotes)

Jan M. Levine, Designing Assignments for Teaching Legal Analysis, Research and Writing, 3 NO. 3 Perspec.
Teaching Legal Res. & Writing 58 (Spring 1995)
            focusing on helping “teachers of legal research and writing design course assignments that
               simultaneously teach legal research and writing skills within the overall context of introducing
               students to basic legal analysis”, and noting that “[a] truly integrated course will treat research in a
               manner that simulates real-world practice and demonstrates how multiple sources and techniques
               must be brought to bear on a research problem.” (58)

Marilyn R. Walter, Retaking Control Over Teaching Research, 43 J. Legal Educ. 59 (1993)
            referring to taking back CALR instruction from vendor representatives, arguing that the most
               effective program of legal research instruction is one in which basic CALR instruction is given by
               faculty who oversee the entire process of writing, analysis, and research, and who integrate manual



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                  and CALR instruction, as this would allow teachers to emphasize ways in which the two research
                  methods complement each other;
                 NOTE: This article was written twelve years ago when Lexis and Westlaw were less complex, and
                  therefore the author‟s observations about who should have the responsibility for teaching CALR
                  might not be as appropriate today.

Helene S. Shapo, The Frontiers of Legal Writing: Challenges for Teaching Research, 78 L. Lib. J. 719 (1986)
            “An integrated legal research and writing course [engages] students … in their own research
              experiences as part of the problem-solving activity their writing assignments require. Thus, they can
              learn legal research not only for itself, but as part of the analytical process that lawyers undertake.
              This process requires the students to define issues, plan research strategies, evaluate the authoritative
              value of materials they have found, and engage in further research as their writing reveals analytical
              weaknesses. In short, they learn to do research as part of the process of putting the results of their
              research to work.” (726, footnote omitted)
            “[T]he legal writing courses [which] emphasize an integrated approach to teaching research, method,
              and writing skills … necessarily relate writing, thinking, and research. A student who does not
              understand how to analyze a problem will have difficulty researching it and cannot write about it
              effectively. (727)
            NOTE: This is a seminal piece describing the first year LR&W course and its relationship to
              teaching legal research, particularly in terms of a combined curriculum, but should be considered in
              terms of the landscape in 1986.




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