This document discusses strategies for teaching first-year law students to recognize counterarguments and think more like lawyers. It argues that assigning memo problems where the client's case does not clearly state a claim can help students overcome hurdles to identifying counterarguments. Such problems make it more likely students will see multiple interpretations of law and appreciate factual nuance. The document outlines specific teaching methods, like splitting the class into opposing sides, conducting polls on predictions, and banning conclusory language, to further prepare students to recognize alternate analyses and the ambiguity inherent in legal problems.
A metacognitive based instructional theory proposal into a writing protocol t...argemiro amaya buelvas
Abstract
This article derives from a qualitative multiple-case study carried out in the Licenciatura en Educación Básica con Énfasis en Humanidades-Ingles at University of Córdoba. The participants were a case group and a comparative group from the 6th-semester communication lecture. Both groups were selected according to some comparative criteria. A diagnostic test was performed, as well as a post-test reading comprehension test in English, and other introspective instruments were applied to analyze, compare and contrast the results of the literal paraphrasing subcategory in the pre-intervention and intervention phases. On one hand, in the exploratory phase, the results of the two groups were analyzed quantitatively through a multiple-choice format, as well as qualitatively through a writing protocol in which the students’ decisions based on choices were reported to avoid decisions at random. On the other hand, in the intervention phase, the multiple-choice format was not considered, but an open-ended question in which students are asked to construct the paraphrase. The intervention program was included in the Writing Protocol, consisting of an Instructional Theory based on three metacognitive questions applied to illustrate the reading comprehension processes. These three metacognitive questions were a procedural interpretation of Flavell’s proposal metacognitive knowledge, “Declarative component (What?); Procedural component (How?), and Conditional component (Why?)” (Italic added) (1979) cited in Noushad (2008, p. 8; 11).
Keywords: Literal paraphrasing sub-category, Instructional Theory, writing protocol, metacognitive knowledge, multiple-choice format, open-ended questions.
Assignment Reflection You looked quite critically at the US Co.docxfredharris32
Assignment : Reflection
You looked quite critically at the US Constitution and engaged in some controversial discussions. Be assured that you were not alone and that your classmates had a similar experience, although maybe not regarding the same issues that you found to be controversial.
In at least 250 words, post to the Discussion Area your answers to the following questions:
· Which reading assignments were the most challenging to you?
· In what way did they challenge you?
· What measures did you take to overcome the challenges?
· What is your learning from these challenges that you would like to share with your classmates?
· In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
Professor
Very informative post, fenan. For you classmates, can you elaborate on what "harmless error" means?
Thanks for the early post! Great job.
Student 1 Post
Which reading assignments were the most challenging to you?
The reading assignments that was most challenging to me was learning more about probable Cause, Stop & Frisk and Miranda Case. These assignments have challenge my mindset to understand how criminal justice and laws must be used.
In what way did they challenge you?
The way they challenge me was also giving important information that I didn’t know about how law was created. Learning new information is very knowledgeable and must be used with important needs. Many laws changes each year and all law enforcement officials should know the laws to conduct their duties to which they have taken an oath by.
What measures did you take to overcome the challenges?
Some measure that I used to overcome these challenges were learning more about how criminal procedure is conducted, understanding about what the criminal justice system is and focusing my knowledge better to use in my law enforcement career.
What is your learning from these challenges that you would like to share with your classmates?
I have learned a great deal upon how to use Criminal Procedure as a school setting to understand further what laws that are used in courtroom cases. I believe in many new learning strategies to one day may become someone important. With challenges come better learners to create any standards that are what we stand for.
In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
A Constitutional issues that I found controversial are The Charging Decision vs deciding Not to Prosecute.
The Charging Decision
The prosecutor generally has the authority to decide whether to proceed with charges. This is known as prosecutorial discretion. He or she can elect not to charge for a number of reasons, even over strenuous objection on the part of the complainant or victim. The pr ...
How Do I Make a Case Engaging the Writing ProcessNo two p.docxadampcarr67227
How Do I Make a Case? Engaging the Writing Process
No two people compose in exactly the same way, and even the same person may go through the writing process in different ways with
different assignments. Nevertheless, because no one can attend to everything at once, there are phases in handling any significant writing
task. You explore the topic to get a sense of whether it will work for you and what you might be able to do with it; if the topic is working
out for you, then you move into preparing to write, generating more content and planning your draft.
The next phase is drafting your paper, getting a version on screen, however rough it may be, so that you can work toward the final draft.
Getting there involves two further phases: revising your draft, where you make major improvements in it, followed by editing your draft,
taking care of errors, sentences that do not read well, paragraphs lacking focus and flow, and so on.
Exploring Your Topic
For casemaking, exploring your topic means examining the issues involved in it. If your assignment calls for research, do some general
reading about your topic to discover what the issues are. See pages 406–11 for how to find and take notes on source material. If your
assignment does not call for research, rely on your general knowledge about the topic to formulate the issues.
Page 243
Asking Questions: Find the Issues
Asking Questions: Find the Issues An issue is a point of controversy always or frequently raised in connection with a particular topic. For
your topic, begin by asking, “What are the questions that people disagree about when discussing this topic?” For instance, the primary
purpose of prisons is always an issue when prison reform is discussed. Some see prisons as primarily punishment for crime; others see them
as primarily institutions that should rehabilitate criminals. “What should prisons do?” is the question. Other questions include the following:
What should be done about prison overcrowding? How can we reduce assaults on inmates by other, violent inmates? Is prison a breeding
ground for more criminal behavior after inmates are released? If so, what can be done to prevent this from happening?
ACTIVITY 10.1 Collaborative Activity
Isolating the Issues
List the issues connected with your topic. The key question is, “What do people argue about whenever this topic is discussed?”
If your class is working with a common topic or you share your topic with at least one other student, you could collaborate to answer the
following exploratory questions:
■ What issues were you unaware of before you formulated them?
■ What positions do people take on these issues?
■ What is your view of these issues?
Consider your view of the topic now. If you had no opinion before examining the issues, are you beginning to form one now? If you had an
opinion, is it changing significantly? Which issue interests you most? Consider focusing your essay on that issue. ▀
Order the Issues (Stasis)
.
Sheet1costagerisksatisfaction13316836611404372920173546484015338815221451077438147038110631742264933169586943128738296612185682471009664420137877159429478739515900749161603067777160377827811163727991597478668150557575818636846839063615921824765323142167266814881751617133808701366882241514276266108346629310321709711390681114187597796812974691077171868174117262634381703076759156556846166627933210036626501647169104516269795231771465816151796873229408901096160606363515980784131226568355142548053155947486013452738121209567693148177579218176685351484769911462474163184718387613785837771338070103314227735841382473161191581326183846243165757910541545364168135276314516285645171530776771145147578112579682814772742211512263511547375135157198268415123768731609178738148746714014679742881338074269176308264816704804651342870842121018342613571712211311770588121837767141818232515484765291447874219160577891315577635911458874645167398089015358821019139136541514125844741288069813157206341616391778411523082948159726751616008786101570267361130498794810734827531868386856182037859614154612514263731082141637295912866693591234968170144727343611520662441492775538121366714913981701011114017337712852694961374971631138616749614603749171433662821333570453144007366215754779111660063658127586984147978265614520742881295969957176178188912974699251498175319159897878614886751691133165768154577712414366736611408372483142477317715539824831519074742287648662810596774791384471985146366354414887825991423273296145086244412702816881619578412137937710291218467676157967428812607682411336883951478776611626761995179248210971252481291164377982314610698691522776673151977591213945726811346170844135886338014413749441560077104213969721040159037477013549712191569477252171276747515257761371637067678145426282716317791083168468075114063728631390471856129887084716284799511512876150111646689616788701090
Greetings students,
I found a description online that may help you understand how to complete a
case brief. Please read carefully because you will be completing at least 2 case
briefs this semester.
Student briefs
These can be extensive or short, depending on the depth of analysis required and the
demands of the instructor. A comprehensive brief includes the following elements:
1. Title and Citation
2. Facts of the Case
3. Issues
4. Decisions (Holdings)
5. Reasoning (Rationale)
6. Separate Opinions
7. Analysis
1. Title and Citation
The title of the case shows who is opposing whom. The name of the person who
initiated legal action in that particular court will always appear first. Since the losers
often appeal to a higher court, this can get confusing. The first section of this guide
shows you how to identify the players without a scorecard.
The citation tells how to locate the reporter of the case in the appropriate case reporter.
If you know only the title of the case, the citation to it can be found using the case
digest covering that court, through Goog.
A metacognitive based instructional theory proposal into a writing protocol t...argemiro amaya buelvas
Abstract
This article derives from a qualitative multiple-case study carried out in the Licenciatura en Educación Básica con Énfasis en Humanidades-Ingles at University of Córdoba. The participants were a case group and a comparative group from the 6th-semester communication lecture. Both groups were selected according to some comparative criteria. A diagnostic test was performed, as well as a post-test reading comprehension test in English, and other introspective instruments were applied to analyze, compare and contrast the results of the literal paraphrasing subcategory in the pre-intervention and intervention phases. On one hand, in the exploratory phase, the results of the two groups were analyzed quantitatively through a multiple-choice format, as well as qualitatively through a writing protocol in which the students’ decisions based on choices were reported to avoid decisions at random. On the other hand, in the intervention phase, the multiple-choice format was not considered, but an open-ended question in which students are asked to construct the paraphrase. The intervention program was included in the Writing Protocol, consisting of an Instructional Theory based on three metacognitive questions applied to illustrate the reading comprehension processes. These three metacognitive questions were a procedural interpretation of Flavell’s proposal metacognitive knowledge, “Declarative component (What?); Procedural component (How?), and Conditional component (Why?)” (Italic added) (1979) cited in Noushad (2008, p. 8; 11).
Keywords: Literal paraphrasing sub-category, Instructional Theory, writing protocol, metacognitive knowledge, multiple-choice format, open-ended questions.
Assignment Reflection You looked quite critically at the US Co.docxfredharris32
Assignment : Reflection
You looked quite critically at the US Constitution and engaged in some controversial discussions. Be assured that you were not alone and that your classmates had a similar experience, although maybe not regarding the same issues that you found to be controversial.
In at least 250 words, post to the Discussion Area your answers to the following questions:
· Which reading assignments were the most challenging to you?
· In what way did they challenge you?
· What measures did you take to overcome the challenges?
· What is your learning from these challenges that you would like to share with your classmates?
· In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
Professor
Very informative post, fenan. For you classmates, can you elaborate on what "harmless error" means?
Thanks for the early post! Great job.
Student 1 Post
Which reading assignments were the most challenging to you?
The reading assignments that was most challenging to me was learning more about probable Cause, Stop & Frisk and Miranda Case. These assignments have challenge my mindset to understand how criminal justice and laws must be used.
In what way did they challenge you?
The way they challenge me was also giving important information that I didn’t know about how law was created. Learning new information is very knowledgeable and must be used with important needs. Many laws changes each year and all law enforcement officials should know the laws to conduct their duties to which they have taken an oath by.
What measures did you take to overcome the challenges?
Some measure that I used to overcome these challenges were learning more about how criminal procedure is conducted, understanding about what the criminal justice system is and focusing my knowledge better to use in my law enforcement career.
What is your learning from these challenges that you would like to share with your classmates?
I have learned a great deal upon how to use Criminal Procedure as a school setting to understand further what laws that are used in courtroom cases. I believe in many new learning strategies to one day may become someone important. With challenges come better learners to create any standards that are what we stand for.
In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
A Constitutional issues that I found controversial are The Charging Decision vs deciding Not to Prosecute.
The Charging Decision
The prosecutor generally has the authority to decide whether to proceed with charges. This is known as prosecutorial discretion. He or she can elect not to charge for a number of reasons, even over strenuous objection on the part of the complainant or victim. The pr ...
How Do I Make a Case Engaging the Writing ProcessNo two p.docxadampcarr67227
How Do I Make a Case? Engaging the Writing Process
No two people compose in exactly the same way, and even the same person may go through the writing process in different ways with
different assignments. Nevertheless, because no one can attend to everything at once, there are phases in handling any significant writing
task. You explore the topic to get a sense of whether it will work for you and what you might be able to do with it; if the topic is working
out for you, then you move into preparing to write, generating more content and planning your draft.
The next phase is drafting your paper, getting a version on screen, however rough it may be, so that you can work toward the final draft.
Getting there involves two further phases: revising your draft, where you make major improvements in it, followed by editing your draft,
taking care of errors, sentences that do not read well, paragraphs lacking focus and flow, and so on.
Exploring Your Topic
For casemaking, exploring your topic means examining the issues involved in it. If your assignment calls for research, do some general
reading about your topic to discover what the issues are. See pages 406–11 for how to find and take notes on source material. If your
assignment does not call for research, rely on your general knowledge about the topic to formulate the issues.
Page 243
Asking Questions: Find the Issues
Asking Questions: Find the Issues An issue is a point of controversy always or frequently raised in connection with a particular topic. For
your topic, begin by asking, “What are the questions that people disagree about when discussing this topic?” For instance, the primary
purpose of prisons is always an issue when prison reform is discussed. Some see prisons as primarily punishment for crime; others see them
as primarily institutions that should rehabilitate criminals. “What should prisons do?” is the question. Other questions include the following:
What should be done about prison overcrowding? How can we reduce assaults on inmates by other, violent inmates? Is prison a breeding
ground for more criminal behavior after inmates are released? If so, what can be done to prevent this from happening?
ACTIVITY 10.1 Collaborative Activity
Isolating the Issues
List the issues connected with your topic. The key question is, “What do people argue about whenever this topic is discussed?”
If your class is working with a common topic or you share your topic with at least one other student, you could collaborate to answer the
following exploratory questions:
■ What issues were you unaware of before you formulated them?
■ What positions do people take on these issues?
■ What is your view of these issues?
Consider your view of the topic now. If you had no opinion before examining the issues, are you beginning to form one now? If you had an
opinion, is it changing significantly? Which issue interests you most? Consider focusing your essay on that issue. ▀
Order the Issues (Stasis)
.
Sheet1costagerisksatisfaction13316836611404372920173546484015338815221451077438147038110631742264933169586943128738296612185682471009664420137877159429478739515900749161603067777160377827811163727991597478668150557575818636846839063615921824765323142167266814881751617133808701366882241514276266108346629310321709711390681114187597796812974691077171868174117262634381703076759156556846166627933210036626501647169104516269795231771465816151796873229408901096160606363515980784131226568355142548053155947486013452738121209567693148177579218176685351484769911462474163184718387613785837771338070103314227735841382473161191581326183846243165757910541545364168135276314516285645171530776771145147578112579682814772742211512263511547375135157198268415123768731609178738148746714014679742881338074269176308264816704804651342870842121018342613571712211311770588121837767141818232515484765291447874219160577891315577635911458874645167398089015358821019139136541514125844741288069813157206341616391778411523082948159726751616008786101570267361130498794810734827531868386856182037859614154612514263731082141637295912866693591234968170144727343611520662441492775538121366714913981701011114017337712852694961374971631138616749614603749171433662821333570453144007366215754779111660063658127586984147978265614520742881295969957176178188912974699251498175319159897878614886751691133165768154577712414366736611408372483142477317715539824831519074742287648662810596774791384471985146366354414887825991423273296145086244412702816881619578412137937710291218467676157967428812607682411336883951478776611626761995179248210971252481291164377982314610698691522776673151977591213945726811346170844135886338014413749441560077104213969721040159037477013549712191569477252171276747515257761371637067678145426282716317791083168468075114063728631390471856129887084716284799511512876150111646689616788701090
Greetings students,
I found a description online that may help you understand how to complete a
case brief. Please read carefully because you will be completing at least 2 case
briefs this semester.
Student briefs
These can be extensive or short, depending on the depth of analysis required and the
demands of the instructor. A comprehensive brief includes the following elements:
1. Title and Citation
2. Facts of the Case
3. Issues
4. Decisions (Holdings)
5. Reasoning (Rationale)
6. Separate Opinions
7. Analysis
1. Title and Citation
The title of the case shows who is opposing whom. The name of the person who
initiated legal action in that particular court will always appear first. Since the losers
often appeal to a higher court, this can get confusing. The first section of this guide
shows you how to identify the players without a scorecard.
The citation tells how to locate the reporter of the case in the appropriate case reporter.
If you know only the title of the case, the citation to it can be found using the case
digest covering that court, through Goog.
Consideration for Ethics and Diversity Proposal Choose two eth.docxmaxinesmith73660
Consideration for Ethics and Diversity Proposal
Choose two ethical considerations and two diversity considerations affecting your division.
Write a 500 700-word proposal for your HR director in which you respond to the following: (the word count has been lowered)
· Provide current conditions and reasoning for a modification.
· Provide details about what the considerations are.
· Justify why they were important for your strategic HRM planning process.
· Recommend ways for addressing these considerations.
· Suggest specific recommendations for best practices for dealing with each consideration.
· Provide a rationale.
Format your proposal consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
Working Title: Deviant Pedagogy: Disrupting the Barriers between Students and Professors
Intro: 1-3 pages
- The problem: barriers and punishment between teachers and students
· Classroom as prison
· School seen as something to ‘suffer through’ and ‘get past’ rather than enjoy
· Authority and Engagement
· Established dynamic since kindergarten
- The end goal: improved teaching by increasing identification between teachers and students and establishing a better rapport
· Personal story: When dad asked me to come talk to his class, and they weren’t uncomfortable.
· What that meant
· Comfort of students in the environment
· Willingness to ask questions
- Reasons why: improved rapport/better atmosphere means better teaching, more learning, etc.
· More engaged in the learning process
· More likely to take part in discussions
· Greater energy for the teacher
· More emotional support for the students
· More learning
· Internalizing information
· Interest in the topic increased
· More willingness to connect with teacher
· Ensure teaching is a dialogical process
· Socrates in Meno
· Judith Butler
· Longo
- How to get there:
· Many potential ways
· Connecting with students on a personal level
· Eliminating grades
· Disrupting expectations
· Etc.
· Disrupting expectations
· Opens possibilities for learning
· Breaks the dynamic established for so long
· Invites students into the process, rather than gate keeping
Teaching is Argument: 2-5 pages
- Any attempt at teaching is a token of argument; the teacher is trying to persuade the student to retain the information.
· Quickly: Type/Token distinction
· What an argument is
· Rhetoric (sophistry) always considered a skill that can be taught, or that can be used to teach other things.
- Therefore, methods of argumentation can be applied to/as methods of teaching.
· Methods of persuasion as methods of teaching
· Levels of persuasion
· Bribery (grades)
· Threats (again, grades)
· Investment (skills to be used later, ‘real world’ knowledge)
- Therefore, any scholarship about argumentation is also scholarship about pedagogy, when examined from that perspective.
Literature review: 5-10 pages
- How persuasion and wr.
Marilyn Gardner, Lawyer, spent years teaching Advanced School Law at the Doctoral Level. Her focus was court decisions at all levels of government which have had an impact on the governance of schools and what school personnel can do in terms of the operation of schools, curriculum, instruction, assessment and school personnel, and treatment of candidates. Marilyn would always stress that failure to comply with school law can have far reaching and costly implications.
In this section, Marilyn Gardner teaches about Students' Freedom of Speech.
3-Discussion Board AssignmentIn this Discussion Board, creat.docxlorainedeserre
3-Discussion Board Assignment
In this Discussion Board, create a post and respond to others using the chapter on Proposals but also your initial research. This is an excellent opportunity to describe to classmates what you are focusing on, what areas of research you are excited about, and what areas of research you are entering into that is new for you.
Write respond both of the classmate’s posts.
First Classmate ‘s Post
My proposal topic revolves around gentrification and what can be done to limit its negative effects. I'm most excited about finding a credible person who is educated on this topic so I can interview them and use them as one of my sources. This way I have a lot more credibility if I were to find that my overall research aligns with my interviewees information. I seek to interview someone as I have noticed that my sources are usually in the form of websites or books. I want to offer more variety in my sources that reflects the amount of time invested in my research.
Writing a formal proposal with various different elements is new to me. I've never written a proposal in which I include visuals. Also, this is one topic in which the solutions are not handed to me in my research. In many occasions, when I research a problem, I also research its solutions and I usually find them quickly. For gentrification, however, there are multiple suggested solutions and not one main solution that stands out. I feel this way I'll be encouraged to further contemplate and research all the solutions. As a result, my research on all of the possible solutions will allow me to weigh each solution against each other and choose main solutions that I truly believe.
Second Classmate’s Post
The research that I will be doing will be focused on big data's effect on democracy and how major tech companies and politicians use psychology/sociology to attain what they want by using massive amounts of data collected from citizen's private lives. I'm interested in how the psychological aspect is used in this context. It's a relatively new concept in tech and how it relates to voting and politics is fascinating - and a little frightening. Although psychology is closely related to sociology, sociology is a pretty new discipline for me to delve into so I'll be spending a lot of time exploring that it and how it's connected to government and technology. I'm hopeful that the topic I chose allows me to write a well-rounded paper since it involves multiple disciplines: matters of the mind, tech, and politics.
Grading Rubric for Reading Quiz
5 pts.
The reader/responder answered each question in complete sentences, answering, specifically, what each question asked for. Students used a main idea for each question and supported their answer with evidence (quotes, summary or paraphrasing) from the reading/media.
3 pts.
The student answered many of the questions but not all of them. Students may have answered each question, but errors in grammar or sentenc ...
Exploring controversial issues in elementary social studiesDanielle Linowes
Controversial issue discussion in early grades can increase student engagement and provide an authentic and engaging springboard to relevant individual, community, and societal issues. Elementary students who engage in controversial discussion will have exposure to different and sometimes conflicting perspectives, and learn how to carefully evaluate legitimate alternatives, participate respectfully in group discussions, and ultimately decide the best course of action. This paper examines the utilization of controversial discussion surrounding concepts of distributive justice and procedural justice and how they can be explored in elementary classrooms. The authors outline two lesson plans containing discussion on controversial topics within the realm of procedural justice, which have been employed in one of the authors’ third grade classrooms. They find that providing opportunities for students to go through the process of moral negotiation allows them to question and shape their own beliefs in a constructive manner.
Presentation at HEA Social Sciences learning and teaching summit 'Engaging legal education'.
As part of the Higher Education Academy’s commitment to support strategic development within disciplines, this summit event provided the opportunity to bring together an expert audience to discuss and plan actions on a key area of our work.
This presentation forms part of a blog post which can be accessed via: http://bit.ly/1iv2kYu
For further details of HEA Social Sciences work relating to 'Supporting the future of legal education' please see http://bit.ly/1ezsxUf
A Legal Model for the Social StudiesNot only did the legal profe.docxransayo
A Legal Model for the Social Studies
Not only did the legal profession give educators the instructional technique of case studies, but it also contributed a concomitant method of case study analysis. Although disciplines such as business management, social sciences, and medicine have extensively used the methodology of case studies, students in these disciplines were not provided with a method to analyze a case. Some of these cases required only an individual value conclusion; other cases required a specific conclusion based upon substantive knowledge of the discipline. Still others required both types of conclusions. Only in law classes are students given an unequivocal method for case analysis. According to this method, students recognize a legal issue from the facts in the case and then analyze the facts according to a legal precedent and reach a conclusion.
The underlying assumptions of teaching-effectiveness research can be applied to this topic in a social studies class: Teachers cannot assume that all students on their own will develop a method of case analysis; that initial success will motivate the student to continue the analysis process; and that the students require a clear demonstration or modeling of the case analysis method (Brophy and Good 1986). The social studies literature does not give examples of these analysis methods. Because the use of case studies in the social studies fosters critical thinking, class interaction, and personal initiative, a method of case study analysis warrants the attention of social studies teachers.
When the case study instructional technique is used in the social studies classroom, students are often required to comprehend, assess, and evaluate amounts of information that may be overwhelming. Unfortunately, students do not receive enough practice in the method of case study analysis before they are required to comprehend relationships, generalizations, and patterns. Such a situation is self-defeating for students because without acquiring the rudimentary skills of case analysis, they will not be able to contribute to the lesson at hand.
In addition, students are then expected to make value judgments about the facts, issues, and conclusions of a case study. To make an informed and coherent value judgment, students must first comprehend the facts, recognize the issues that arise from those facts, analyze the facts in relation to the definition or rule of a term, and then reach a conclusion about the analysis. To make a value-laden decision such as "I don't agree with that," the student should first say that the facts produce issue X and then analyze the facts in accordance with each element of the rule in order to make a viable conclusion about whether the issue is proved or disproved. With this procedure, the value decision becomes meaningful to the individual student and to the group participating in the case study discussion. This process of analysis is known as the IRAC method.
The IRAC Met.
Daniel Quintana November 26, 2018 COMM 101C Comm.docxwhittemorelucilla
Daniel Quintana
November 26, 2018
COMM 101C
Communication Research Project:
School Gun Violence and Uncertainty Reduction Theory
The Problem
Gun control is one of the longest debated issues in American history, and gun violence
had been a growing concern for individuals and their families. Acts of gun violence are regularly
reported on the news; and consequently, fear of school shootings have become an expected
concern for students and their parents. While there are many facets to gun control, I chose to
concentrate my communication research on school gun violence. The goal of this project is not to
argue either sides of the gun control debate; however, the goal is to propose possible
communication strategies to help students develop their ability to address concerns for school
safety. Issues surrounding gun violence creates stress and fear in young people’s lives. Through
communication, I believe young people can address these issues and feel both safe at school and
prepared to identify and respond to potential threats.
The Cornerstones
Of San Jose State University’s Communication Studies department, this project primarily
intersects with three of the four department cornerstones: Democracy, Diversity and Technology.
(Dept. of COMM Studies) Through my communication research, I found that students can
promote democracy by engaging in dialogue and debate on gun control. Students can learn from
each other’s different perspectives and develop their own values, preparing them to engage in
policy surrounding gun control. They can encourage diversity through communicating
compassionate with each other. They can utilize technology through online training videos and
online peer communication. And, they can create a compassionate community and reduce the
change of isolated and angered students acting out in aggression or violence.
Uncertainty Reduction Theory
I chose to address school shootings through the lens of the Uncertainty Reduction Theory
(URT). In Introducing Communication Theory: Analysis and Application, Richard L. West and
Lynn H. Turner describe the theory,
“When strangers meet, their primary focus is on reducing their levels of uncertainty in the
situation because uncertainty is uncomfortable. People can be uncertain on two different
levels: behavioral and cognitive. They may be unsure of how to behave (or how the other
person will behave), and they may also be unsure of what they think of the other person
and what the other person thinks of them. High levels of uncertainty are related to a
variety of verbal and nonverbal behaviors.” (West & Turner, pg. 137)
Student of different backgrounds and upbringings experience uncertainty when meeting new
peers at school. Though relationships develop, students can also develop uncertainty related
stress in regard to unfamiliar peers. Social differences and fear can prevent students from
reducing these uncertainty.
The IRAC method of case study analysis.AuthorsBittner, M.So.docxoreo10
The IRAC method of case study analysis.
Authors:
Bittner, M.
Source:
Social Studies. Sep/Oct90, Vol. 81 Issue 5, p227. 4p.
Document Type:
Article
Subjects:
SOCIAL sciences
Abstract:
Describes the use of case study analysis in teaching social studies. Making value judgements; Using the IRAC (Issue, Rule, Analysis, and Conclusion) method; Gives examples of various case studies; How case studies help students.
Full Text Word Count:
3029
ISSN:
0037-7996
Accession Number:
9103185336
THE IRAC METHOD OF CASE STUDY ANALYSIS
Contents
1. Acquisition of a Process to Analyze Case Studies
2. An Example of the IRAC Method
3. Translating Theory into Practice
4. Example for a Government Class
5. Example for a World History Class
6. Example for an American History Class
7. A Tool for Making Value Judgments
8. Summary
9. REFERENCES
Listen
A Legal Model for the Social Studies
Not only did the legal profession give educators the instructional technique of case studies, but it also contributed a concomitant method of case study analysis. Although disciplines such as business management, social sciences, and medicine have extensively used the methodology of case studies, students in these disciplines were not provided with a method to analyze a case. Some of these cases required only an individual value conclusion; other cases required a specific conclusion based upon substantive knowledge of the discipline. Still others required both types of conclusions. Only in law classes are students given an unequivocal method for case analysis. According to this method, students recognize a legal issue from the facts in the case and then analyze the facts according to a legal precedent and reach a conclusion.
The underlying assumptions of teaching-effectiveness research can be applied to this topic in a social studies class: Teachers cannot assume that all students on their own will develop a method of case analysis; that initial success will motivate the student to continue the analysis process; and that the students require a clear demonstration or modeling of the case analysis method (Brophy and Good 1986). The social studies literature does not give examples of these analysis methods. Because the use of case studies in the social studies fosters critical thinking, class interaction, and personal initiative, a method of case study analysis warrants the attention of social studies teachers.
When the case study instructional technique is used in the social studies classroom, students are often required to comprehend, assess, and evaluate amounts of information that may be overwhelming. Unfortunately, students do not receive enough practice in the method of case study analysis before they are required to comprehend relationships, generalizations, and patterns. Such a situation is self-defeating for students because without acquiring the rudimentary skills of case analysis, they will not be able to contribute to the lesson at hand.
In addition, students are then expected t ...
Law & CultureProfessor BannerLaw in ActionASSIGNMENT FOU.docxmanningchassidy
Law & Culture
Professor Banner
Law in Action
ASSIGNMENT FOUR
Each of these assignments asks you to apply the course material by completing a project or providing advice similar to what an actual law student or lawyer might do. You will conduct research, counsel a client, and outline points of law. Often these assignments require you to review additional, short assigned videos or documents, which are available in the Law in Action folder located in the Files section on Canvas.
In each case, unless specified otherwise, your answers should be as short as possible and as long as necessary.
The assignments must be submitted in a Word document on Canvas by the Due Date listed on the syllabus.
50 points—Excellent (professionally presented, no errors in legal analysis)
40 points—Satisfactory (solid legal analysis; small grammatical or proofreading issues)
30 points—OK (ideas are good but not fully formed; assignment is sloppy)
20 points—Assignment was submitted but includes multiple errors of law and/or grammar and proofreading issues
0 points—Assignment contains multiple mistakes and is not professionally presented or assignment was not submitted
There are 8 LIA assignments in all, each worth 50 points, for a total of 400 course points.
You have seven days to complete each of these assignments. Late assignments will not be accepted without a documented medical or religious excuse. Being sick for one or two days of seven is not an excuse.
Assignment Four
Assume that you are a reporter on the “legal beat” for a national newspaper. You have been asked to write an opinion piece discussing whether Michelle Carter’s appeal to the US Supreme Court of her criminal conviction for involuntary manslaughter* of her boyfriend, Conrad Roy is likely to succeed.
Based on the criminal law principles discussed in Chapter 5 and any criminal procedure or constitutional argument you wish to add, outline your strongest and best arguments as to why Carter is likely to succeed or fail on appeal. Consider, in your answer, whether the prosecution failed to prove she committed the crime beyond a reasonable doubt based on the elements of the crime, and whether, if the elements were met, there should have been any affirmative defenses available to Carter.
* Should you take a criminal law class, you will learn that the common law crime of homicide is divided into four categories:
· First Degree Murder (requires knowing intent and premeditation)
· Second Degree Murder (requires knowing intent but not premeditation)
· Voluntary Manslaughter (Second Degree Murder committed after being Provoked)
· Involuntary Manslaughter (Reckless Homicide, meaning that the defendant knew the risk of their actions and proceeded to act)
· Negligent Homicide (The defendant should have been aware of the risk of their actions and proceeded to act)
Here, the accusation is that Carter acted recklessly in causing the death of Roy.
Claim: College Should Not Be Free
Writing Requireme.
Driving Age Essay. Should the driving age be raised to 21 Essay Example Topi...Chelsea Cote
The Driving Age Should Be Raised to 18 (600 Words) - PHDessay.com. Business paper: Persuasive essay on driving age. Body paragraphs - Driving Age essay.docx - To begin, letting teens .... Raising the driving age essays megaessays.com. PPT - Five Paragraph Essay PowerPoint Presentation, free download - ID .... Essay topics Lowering driving age essay. Texting While Driving Essay | Essay on Texting While Driving for .... The Legal Driving Age Essay - EssaysForStudentcom. Should the Legal Driving Age Be Raised to 21? - GCSE English - Marked .... Band 7 Essay About Driving Age - IELTS Practice | International English .... Persuasive essay on driving age essay writing service. Driving age should be raised to 21 essay - pdfeports867.web.fc2.com. 015 Essay About Car Example Ielts Band Sample Topic Increased Usage .... Driving Driving Essay. The story of Tom Brennan | English (Standard .... ⇉Argumentative on legal driving age Essay Example | GraduateWay. Should the driving age be raised to 21 Essay Example | Topics and Well .... Raising the Malaysian driving age to : Is it necessary? Free Essay Example. Speech on Mandatory Yearly Driving Tests for Those Over 65 Free Essay .... Argumentative essay on raising the driving age. Texting And Driving Essay - Cause and Effects of Texting While Driving .... Essay | 18 is the Right Age to Start Driving.
The Driving Age Should Be Raised to 18 (600 Words) - PHDessay.com. Business paper: Persuasive essay on driving age. Body paragraphs - Driving Age essay.docx - To begin, letting teens .... Raising the driving age essays megaessays.com. PPT - Five Paragraph Essay PowerPoint Presentation, free download - ID .... Essay topics Lowering driving age essay. Texting While Driving E
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Consideration for Ethics and Diversity Proposal Choose two eth.docxmaxinesmith73660
Consideration for Ethics and Diversity Proposal
Choose two ethical considerations and two diversity considerations affecting your division.
Write a 500 700-word proposal for your HR director in which you respond to the following: (the word count has been lowered)
· Provide current conditions and reasoning for a modification.
· Provide details about what the considerations are.
· Justify why they were important for your strategic HRM planning process.
· Recommend ways for addressing these considerations.
· Suggest specific recommendations for best practices for dealing with each consideration.
· Provide a rationale.
Format your proposal consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
Working Title: Deviant Pedagogy: Disrupting the Barriers between Students and Professors
Intro: 1-3 pages
- The problem: barriers and punishment between teachers and students
· Classroom as prison
· School seen as something to ‘suffer through’ and ‘get past’ rather than enjoy
· Authority and Engagement
· Established dynamic since kindergarten
- The end goal: improved teaching by increasing identification between teachers and students and establishing a better rapport
· Personal story: When dad asked me to come talk to his class, and they weren’t uncomfortable.
· What that meant
· Comfort of students in the environment
· Willingness to ask questions
- Reasons why: improved rapport/better atmosphere means better teaching, more learning, etc.
· More engaged in the learning process
· More likely to take part in discussions
· Greater energy for the teacher
· More emotional support for the students
· More learning
· Internalizing information
· Interest in the topic increased
· More willingness to connect with teacher
· Ensure teaching is a dialogical process
· Socrates in Meno
· Judith Butler
· Longo
- How to get there:
· Many potential ways
· Connecting with students on a personal level
· Eliminating grades
· Disrupting expectations
· Etc.
· Disrupting expectations
· Opens possibilities for learning
· Breaks the dynamic established for so long
· Invites students into the process, rather than gate keeping
Teaching is Argument: 2-5 pages
- Any attempt at teaching is a token of argument; the teacher is trying to persuade the student to retain the information.
· Quickly: Type/Token distinction
· What an argument is
· Rhetoric (sophistry) always considered a skill that can be taught, or that can be used to teach other things.
- Therefore, methods of argumentation can be applied to/as methods of teaching.
· Methods of persuasion as methods of teaching
· Levels of persuasion
· Bribery (grades)
· Threats (again, grades)
· Investment (skills to be used later, ‘real world’ knowledge)
- Therefore, any scholarship about argumentation is also scholarship about pedagogy, when examined from that perspective.
Literature review: 5-10 pages
- How persuasion and wr.
Marilyn Gardner, Lawyer, spent years teaching Advanced School Law at the Doctoral Level. Her focus was court decisions at all levels of government which have had an impact on the governance of schools and what school personnel can do in terms of the operation of schools, curriculum, instruction, assessment and school personnel, and treatment of candidates. Marilyn would always stress that failure to comply with school law can have far reaching and costly implications.
In this section, Marilyn Gardner teaches about Students' Freedom of Speech.
3-Discussion Board AssignmentIn this Discussion Board, creat.docxlorainedeserre
3-Discussion Board Assignment
In this Discussion Board, create a post and respond to others using the chapter on Proposals but also your initial research. This is an excellent opportunity to describe to classmates what you are focusing on, what areas of research you are excited about, and what areas of research you are entering into that is new for you.
Write respond both of the classmate’s posts.
First Classmate ‘s Post
My proposal topic revolves around gentrification and what can be done to limit its negative effects. I'm most excited about finding a credible person who is educated on this topic so I can interview them and use them as one of my sources. This way I have a lot more credibility if I were to find that my overall research aligns with my interviewees information. I seek to interview someone as I have noticed that my sources are usually in the form of websites or books. I want to offer more variety in my sources that reflects the amount of time invested in my research.
Writing a formal proposal with various different elements is new to me. I've never written a proposal in which I include visuals. Also, this is one topic in which the solutions are not handed to me in my research. In many occasions, when I research a problem, I also research its solutions and I usually find them quickly. For gentrification, however, there are multiple suggested solutions and not one main solution that stands out. I feel this way I'll be encouraged to further contemplate and research all the solutions. As a result, my research on all of the possible solutions will allow me to weigh each solution against each other and choose main solutions that I truly believe.
Second Classmate’s Post
The research that I will be doing will be focused on big data's effect on democracy and how major tech companies and politicians use psychology/sociology to attain what they want by using massive amounts of data collected from citizen's private lives. I'm interested in how the psychological aspect is used in this context. It's a relatively new concept in tech and how it relates to voting and politics is fascinating - and a little frightening. Although psychology is closely related to sociology, sociology is a pretty new discipline for me to delve into so I'll be spending a lot of time exploring that it and how it's connected to government and technology. I'm hopeful that the topic I chose allows me to write a well-rounded paper since it involves multiple disciplines: matters of the mind, tech, and politics.
Grading Rubric for Reading Quiz
5 pts.
The reader/responder answered each question in complete sentences, answering, specifically, what each question asked for. Students used a main idea for each question and supported their answer with evidence (quotes, summary or paraphrasing) from the reading/media.
3 pts.
The student answered many of the questions but not all of them. Students may have answered each question, but errors in grammar or sentenc ...
Exploring controversial issues in elementary social studiesDanielle Linowes
Controversial issue discussion in early grades can increase student engagement and provide an authentic and engaging springboard to relevant individual, community, and societal issues. Elementary students who engage in controversial discussion will have exposure to different and sometimes conflicting perspectives, and learn how to carefully evaluate legitimate alternatives, participate respectfully in group discussions, and ultimately decide the best course of action. This paper examines the utilization of controversial discussion surrounding concepts of distributive justice and procedural justice and how they can be explored in elementary classrooms. The authors outline two lesson plans containing discussion on controversial topics within the realm of procedural justice, which have been employed in one of the authors’ third grade classrooms. They find that providing opportunities for students to go through the process of moral negotiation allows them to question and shape their own beliefs in a constructive manner.
Presentation at HEA Social Sciences learning and teaching summit 'Engaging legal education'.
As part of the Higher Education Academy’s commitment to support strategic development within disciplines, this summit event provided the opportunity to bring together an expert audience to discuss and plan actions on a key area of our work.
This presentation forms part of a blog post which can be accessed via: http://bit.ly/1iv2kYu
For further details of HEA Social Sciences work relating to 'Supporting the future of legal education' please see http://bit.ly/1ezsxUf
A Legal Model for the Social StudiesNot only did the legal profe.docxransayo
A Legal Model for the Social Studies
Not only did the legal profession give educators the instructional technique of case studies, but it also contributed a concomitant method of case study analysis. Although disciplines such as business management, social sciences, and medicine have extensively used the methodology of case studies, students in these disciplines were not provided with a method to analyze a case. Some of these cases required only an individual value conclusion; other cases required a specific conclusion based upon substantive knowledge of the discipline. Still others required both types of conclusions. Only in law classes are students given an unequivocal method for case analysis. According to this method, students recognize a legal issue from the facts in the case and then analyze the facts according to a legal precedent and reach a conclusion.
The underlying assumptions of teaching-effectiveness research can be applied to this topic in a social studies class: Teachers cannot assume that all students on their own will develop a method of case analysis; that initial success will motivate the student to continue the analysis process; and that the students require a clear demonstration or modeling of the case analysis method (Brophy and Good 1986). The social studies literature does not give examples of these analysis methods. Because the use of case studies in the social studies fosters critical thinking, class interaction, and personal initiative, a method of case study analysis warrants the attention of social studies teachers.
When the case study instructional technique is used in the social studies classroom, students are often required to comprehend, assess, and evaluate amounts of information that may be overwhelming. Unfortunately, students do not receive enough practice in the method of case study analysis before they are required to comprehend relationships, generalizations, and patterns. Such a situation is self-defeating for students because without acquiring the rudimentary skills of case analysis, they will not be able to contribute to the lesson at hand.
In addition, students are then expected to make value judgments about the facts, issues, and conclusions of a case study. To make an informed and coherent value judgment, students must first comprehend the facts, recognize the issues that arise from those facts, analyze the facts in relation to the definition or rule of a term, and then reach a conclusion about the analysis. To make a value-laden decision such as "I don't agree with that," the student should first say that the facts produce issue X and then analyze the facts in accordance with each element of the rule in order to make a viable conclusion about whether the issue is proved or disproved. With this procedure, the value decision becomes meaningful to the individual student and to the group participating in the case study discussion. This process of analysis is known as the IRAC method.
The IRAC Met.
Daniel Quintana November 26, 2018 COMM 101C Comm.docxwhittemorelucilla
Daniel Quintana
November 26, 2018
COMM 101C
Communication Research Project:
School Gun Violence and Uncertainty Reduction Theory
The Problem
Gun control is one of the longest debated issues in American history, and gun violence
had been a growing concern for individuals and their families. Acts of gun violence are regularly
reported on the news; and consequently, fear of school shootings have become an expected
concern for students and their parents. While there are many facets to gun control, I chose to
concentrate my communication research on school gun violence. The goal of this project is not to
argue either sides of the gun control debate; however, the goal is to propose possible
communication strategies to help students develop their ability to address concerns for school
safety. Issues surrounding gun violence creates stress and fear in young people’s lives. Through
communication, I believe young people can address these issues and feel both safe at school and
prepared to identify and respond to potential threats.
The Cornerstones
Of San Jose State University’s Communication Studies department, this project primarily
intersects with three of the four department cornerstones: Democracy, Diversity and Technology.
(Dept. of COMM Studies) Through my communication research, I found that students can
promote democracy by engaging in dialogue and debate on gun control. Students can learn from
each other’s different perspectives and develop their own values, preparing them to engage in
policy surrounding gun control. They can encourage diversity through communicating
compassionate with each other. They can utilize technology through online training videos and
online peer communication. And, they can create a compassionate community and reduce the
change of isolated and angered students acting out in aggression or violence.
Uncertainty Reduction Theory
I chose to address school shootings through the lens of the Uncertainty Reduction Theory
(URT). In Introducing Communication Theory: Analysis and Application, Richard L. West and
Lynn H. Turner describe the theory,
“When strangers meet, their primary focus is on reducing their levels of uncertainty in the
situation because uncertainty is uncomfortable. People can be uncertain on two different
levels: behavioral and cognitive. They may be unsure of how to behave (or how the other
person will behave), and they may also be unsure of what they think of the other person
and what the other person thinks of them. High levels of uncertainty are related to a
variety of verbal and nonverbal behaviors.” (West & Turner, pg. 137)
Student of different backgrounds and upbringings experience uncertainty when meeting new
peers at school. Though relationships develop, students can also develop uncertainty related
stress in regard to unfamiliar peers. Social differences and fear can prevent students from
reducing these uncertainty.
The IRAC method of case study analysis.AuthorsBittner, M.So.docxoreo10
The IRAC method of case study analysis.
Authors:
Bittner, M.
Source:
Social Studies. Sep/Oct90, Vol. 81 Issue 5, p227. 4p.
Document Type:
Article
Subjects:
SOCIAL sciences
Abstract:
Describes the use of case study analysis in teaching social studies. Making value judgements; Using the IRAC (Issue, Rule, Analysis, and Conclusion) method; Gives examples of various case studies; How case studies help students.
Full Text Word Count:
3029
ISSN:
0037-7996
Accession Number:
9103185336
THE IRAC METHOD OF CASE STUDY ANALYSIS
Contents
1. Acquisition of a Process to Analyze Case Studies
2. An Example of the IRAC Method
3. Translating Theory into Practice
4. Example for a Government Class
5. Example for a World History Class
6. Example for an American History Class
7. A Tool for Making Value Judgments
8. Summary
9. REFERENCES
Listen
A Legal Model for the Social Studies
Not only did the legal profession give educators the instructional technique of case studies, but it also contributed a concomitant method of case study analysis. Although disciplines such as business management, social sciences, and medicine have extensively used the methodology of case studies, students in these disciplines were not provided with a method to analyze a case. Some of these cases required only an individual value conclusion; other cases required a specific conclusion based upon substantive knowledge of the discipline. Still others required both types of conclusions. Only in law classes are students given an unequivocal method for case analysis. According to this method, students recognize a legal issue from the facts in the case and then analyze the facts according to a legal precedent and reach a conclusion.
The underlying assumptions of teaching-effectiveness research can be applied to this topic in a social studies class: Teachers cannot assume that all students on their own will develop a method of case analysis; that initial success will motivate the student to continue the analysis process; and that the students require a clear demonstration or modeling of the case analysis method (Brophy and Good 1986). The social studies literature does not give examples of these analysis methods. Because the use of case studies in the social studies fosters critical thinking, class interaction, and personal initiative, a method of case study analysis warrants the attention of social studies teachers.
When the case study instructional technique is used in the social studies classroom, students are often required to comprehend, assess, and evaluate amounts of information that may be overwhelming. Unfortunately, students do not receive enough practice in the method of case study analysis before they are required to comprehend relationships, generalizations, and patterns. Such a situation is self-defeating for students because without acquiring the rudimentary skills of case analysis, they will not be able to contribute to the lesson at hand.
In addition, students are then expected t ...
Law & CultureProfessor BannerLaw in ActionASSIGNMENT FOU.docxmanningchassidy
Law & Culture
Professor Banner
Law in Action
ASSIGNMENT FOUR
Each of these assignments asks you to apply the course material by completing a project or providing advice similar to what an actual law student or lawyer might do. You will conduct research, counsel a client, and outline points of law. Often these assignments require you to review additional, short assigned videos or documents, which are available in the Law in Action folder located in the Files section on Canvas.
In each case, unless specified otherwise, your answers should be as short as possible and as long as necessary.
The assignments must be submitted in a Word document on Canvas by the Due Date listed on the syllabus.
50 points—Excellent (professionally presented, no errors in legal analysis)
40 points—Satisfactory (solid legal analysis; small grammatical or proofreading issues)
30 points—OK (ideas are good but not fully formed; assignment is sloppy)
20 points—Assignment was submitted but includes multiple errors of law and/or grammar and proofreading issues
0 points—Assignment contains multiple mistakes and is not professionally presented or assignment was not submitted
There are 8 LIA assignments in all, each worth 50 points, for a total of 400 course points.
You have seven days to complete each of these assignments. Late assignments will not be accepted without a documented medical or religious excuse. Being sick for one or two days of seven is not an excuse.
Assignment Four
Assume that you are a reporter on the “legal beat” for a national newspaper. You have been asked to write an opinion piece discussing whether Michelle Carter’s appeal to the US Supreme Court of her criminal conviction for involuntary manslaughter* of her boyfriend, Conrad Roy is likely to succeed.
Based on the criminal law principles discussed in Chapter 5 and any criminal procedure or constitutional argument you wish to add, outline your strongest and best arguments as to why Carter is likely to succeed or fail on appeal. Consider, in your answer, whether the prosecution failed to prove she committed the crime beyond a reasonable doubt based on the elements of the crime, and whether, if the elements were met, there should have been any affirmative defenses available to Carter.
* Should you take a criminal law class, you will learn that the common law crime of homicide is divided into four categories:
· First Degree Murder (requires knowing intent and premeditation)
· Second Degree Murder (requires knowing intent but not premeditation)
· Voluntary Manslaughter (Second Degree Murder committed after being Provoked)
· Involuntary Manslaughter (Reckless Homicide, meaning that the defendant knew the risk of their actions and proceeded to act)
· Negligent Homicide (The defendant should have been aware of the risk of their actions and proceeded to act)
Here, the accusation is that Carter acted recklessly in causing the death of Roy.
Claim: College Should Not Be Free
Writing Requireme.
Driving Age Essay. Should the driving age be raised to 21 Essay Example Topi...Chelsea Cote
The Driving Age Should Be Raised to 18 (600 Words) - PHDessay.com. Business paper: Persuasive essay on driving age. Body paragraphs - Driving Age essay.docx - To begin, letting teens .... Raising the driving age essays megaessays.com. PPT - Five Paragraph Essay PowerPoint Presentation, free download - ID .... Essay topics Lowering driving age essay. Texting While Driving Essay | Essay on Texting While Driving for .... The Legal Driving Age Essay - EssaysForStudentcom. Should the Legal Driving Age Be Raised to 21? - GCSE English - Marked .... Band 7 Essay About Driving Age - IELTS Practice | International English .... Persuasive essay on driving age essay writing service. Driving age should be raised to 21 essay - pdfeports867.web.fc2.com. 015 Essay About Car Example Ielts Band Sample Topic Increased Usage .... Driving Driving Essay. The story of Tom Brennan | English (Standard .... ⇉Argumentative on legal driving age Essay Example | GraduateWay. Should the driving age be raised to 21 Essay Example | Topics and Well .... Raising the Malaysian driving age to : Is it necessary? Free Essay Example. Speech on Mandatory Yearly Driving Tests for Those Over 65 Free Essay .... Argumentative essay on raising the driving age. Texting And Driving Essay - Cause and Effects of Texting While Driving .... Essay | 18 is the Right Age to Start Driving.
The Driving Age Should Be Raised to 18 (600 Words) - PHDessay.com. Business paper: Persuasive essay on driving age. Body paragraphs - Driving Age essay.docx - To begin, letting teens .... Raising the driving age essays megaessays.com. PPT - Five Paragraph Essay PowerPoint Presentation, free download - ID .... Essay topics Lowering driving age essay. Texting While Driving E
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
1. Developing the “Third Story”: Strategies to Enhance Counter-
analysis (& Ignite Student Enthusiasm)
LWI Conference June 30, 2010
Handout for Sarah Ricks, Clinical Professor
Rutgers Law School – Camden
sricks@camden.rutgers.edu
Teaching 1Ls To Think Like Lawyers
By Assigning Memo Problems With No Clear Conclusions
14 NO. 1 Persp. Teaching Legal Res. & Writing 10 (Fall 2005)
Sarah E. Ricks
It is hard for many first-year students to recognize that a fact pattern can be susceptible to
more than one legal interpretation under the binding law. While "thinking like a lawyer"
has no precise meaning, it generally refers to "the ability to analyze facts and appreciate
the shifting legal results produced by factual nuances, to separate a complicated problem
into its component parts, to assemble facts into a meaningful whole; and, in running
through it all, a capacity of ferreting out of a problem those features relevant to its
resolution." [FN1] Students entering law school "are surprised at the rigor--and
ambiguity--associated with legal analysis." [FN2] With experience, students learn that
legal analysis "is an art form, infused with imagination and creativity, with rarely only a
single conclusion or only a single path to that conclusion." [FN3] An important early step
toward thinking like a lawyer is recognizing and articulating counterarguments. In their
legal writing classes, starting 1Ls with a memo problem in which the client's case likely
does not state a claim can help students to make that step.
Hurdles to Recognizing Counterarguments New Law Students Must Overcome
Students need guidance to appreciate that a fact pattern can be susceptible to more than
one interpretation under the binding law. When I began teaching, fresh from 11 years of
law practice, the first memo I assigned involved a seriously injured, sympathetic plaintiff
who likely could not state a tort claim. I assigned the entire class to represent the
sympathetic plaintiff. I naively thought that at least some students would react as
experienced practicing lawyers by noting arguments on both sides, but concluding that
the law would not favor their sympathetic client. I was baffled when every student
predicted "good news" for the client--she could state a claim. Upon reflection, I realized I
needed to more effectively teach students how to identify counterarguments.
In constructing an initial memo assignment, it helps to recall the hurdles a brand new law
student must overcome in order to recognize plausible counterarguments. Some first-year
students overlook counterarguments in their eagerness to find a remedy for an injured
person. Some think the memo's "yes" or "no" prediction is the main event and the
analytical steps to the answer are not important. Others think their job is not to predict the
For teaching notes or to discuss any of these exercises, please feel free to contact Sarah Ricks,
Clinical Professor & Co-Director, Pro Bono Research Project, Rutgers Law School – Camden, at
sricks@camden.rutgers.edu
2. likely outcome but to tell the client what the client wants to hear. Others think that any
fact pattern a teacher supplies must fit the requirements of the relevant legal claim. Many
skim the surface of the law, focusing on the words alone and not the underlying reasons
for the rules. Many skim the surface of the facts, noticing only those that support their
predictions.
Teaching Goals Served by Assigning a Problem That Likely Does Not State a Claim
Assigning a memo problem that likely does not state a claim early in a law student's
career can help new students overcome each of these hurdles. Starting with facts that
might not state a claim makes it more likely that students will notice that there can be
multiple ways to apply the law to the facts. Requiring students to analyze borderline fact
patterns at the outset of law school can help students "to see the malleability and
ambiguity of law, illustrating for them how argumentation, persuasion and sagacity can
literally form opinion and reality." [FN4]
Before a student can articulate and refute a counterargument, the student has to spot the
counterargument. Starting with facts that tip toward not stating a claim means not only
that there are good arguments on both sides but that some students will spot them. As
students think through the legal analysis, and confront other students' views of the same
analysis, the likelihood increases that they will realize that a legal rule may be susceptible
to more than a single reading. While I limit memo assignments to legal tests with defined
elements, I choose legal tests with inherent ambiguities to provide rich opportunities for
students to explore how the words of the test draw meaning from how they've been
applied to the differing facts of the binding cases. For example, under the binding case
law, what makes conduct "reasonable" or a change in circumstances "material"?
As students think through the legal analysis for early memo assignments, they begin to
realize that the policies underlying the rules--the reasons for the rule--provide useful
guidance in predicting the application of the rule to borderline facts. While "many
beginning law students arrive at law school blissfully unaware of the importance of
language in their newly chosen endeavor ... [t]he sooner first year law students appreciate
the ambiguity of language, the sooner they can grasp the vital role that policy, the name
lawyers often give to the reason underlying a rule, plays in resolving the ambiguities of
language." [FN5] For example, whether a borderline fact pattern states a tort claim may
depend on why the state adopted the tort. In a borderline statutory fact pattern, how the
legislature intended the statute to be construed may tip the scale.
Starting with a memo problem that likely does not state a claim also helps students
appreciate factual nuance in the record they're given. Different students notice different
facts. Students realize through exposure to their peers' differing analyses of the same facts
that another student views a fact they have overlooked as the basis of a solid
counterargument--or even as potentially dispositive.
Laying the Groundwork for Students to Recognize and Articulate
Counterarguments
For teaching notes or to discuss any of these exercises, please feel free to contact Sarah Ricks,
Clinical Professor & Co-Director, Pro Bono Research Project, Rutgers Law School – Camden, at
sricks@camden.rutgers.edu
3. Transparency in the learning process can encourage students to entertain the possibility
that a fact pattern is susceptible to more than one legal interpretation. I tell students up
front that the legal problems they'll confront in my class are designed to be realistic law
practice simulations, for which there is no "right" answer. Like the complex legal
problems they will confront in legal practice, the answers "yes" and "no" are both
plausible, and students should focus on the steps in the analysis.
Being told openly that the depth of the analysis is what matters-- rather than the ultimate
answer--helps students resist the temptation to superficially analyze the problem by
declaring the first similar case they read to be dispositive. Rather, regardless of which
position he or she stakes out, each student is aware that there are powerful arguments for
the opposite position and that the predicted result depends on which aspects of the law
and facts the analysis emphasizes.
To further set the stage for exploring counterarguments, I banish "clearly," "obviously,"
and similar words from student memos. Throughout the first semester, I call the students'
attention to Linda Edwards' admonition to banish words that ignore the complexities of
legal analysis. [FN6] Students learn that words such as "clearly" are red flags for logical
leaps, signals to the reader that the writer has not done the hard work of wrestling with
ambiguity and has instead taken refuge in the written equivalent of shouting. As
Professor Edwards warns, such words have developed a connotation exactly opposite
their original meanings. [FN7]
To further prepare students to recognize the possibility of alternate applications of the
law, I try to give the opposing view a physical presence in the classroom. One way is by
splitting the representation. For two memo problems in the fall (and the appellate brief
problem in the spring), half the class represents the plaintiff and the other half represents
the defendant. Knowing that the student in the adjacent seat represents the other side
reminds students to contemplate the possibility of alternate views of how the law might
apply to the same set of facts. Splitting the representation helps counteract the common
1L tendency to see a remedy for a sympathetic plaintiff, regardless of the law.
Once students have spent time analyzing the problem, and opinions are beginning to gel,
I encourage students to consider alternate views by giving them tangible evidence that
different people can view the analysis differently. As my first semester students are
drafting and redrafting their research memos, I periodically ask the class for a show of
hands for how many students predict the plaintiff will prevail and how many predict the
defendant will prevail. Each year, the class splits about down the middle. Students who
are tempted to skim the surface of a legal analysis by viewing it in only one way are
confronted by the hands of those in the class who take the opposite view. Those hands are
visual reminders that the legal analysis is not self-evident and that the student may be
missing some legal or factual nuance if he or she has not refuted plausible
counterarguments.
Finally, to help 1Ls overcome the natural inclination to tell people what they want to
For teaching notes or to discuss any of these exercises, please feel free to contact Sarah Ricks,
Clinical Professor & Co-Director, Pro Bono Research Project, Rutgers Law School – Camden, at
sricks@camden.rutgers.edu
4. hear, I try to focus the students' attention on the purpose of a memo: to help the
supervising attorney and client to make an expensive decision. I tell them not to hide bad
news from a client because that shortsighted eagerness to please ultimately will cost the
client time and money. Neither the plaintiff nor the supervising attorney will thank the
junior attorney for recommending a lawsuit that a court tosses on a motion to dismiss.
Neither the defendant nor the supervising attorney will thank the junior attorney for
failing to tell them that a court is likely to allow a complaint to go forward when an early
settlement would have been cheaper. The time to confront plausible alternative views of
the legal analysis is before, not after, the recommendation to the client.
Exposure to Different Students' Analysis of the Same Facts
In predicting a likely outcome, applying even a limited body of law to a borderline set of
facts can "involve a variety of inferences, deductions and connections ... [and] application
can be unique from one person to the next, depending on thought processes, perspective,
background and the like." [FN8]
Students can learn to recognize alternative ways to apply the law to the same facts by
being exposed to a different student's analysis of the identical record. Some methods to
expose students to alternative views are requiring students:
1. to read fellow students' memos;
2. to perform and observe oral law practice simulations; and
3. to participate in classroom drafting exercises.
Peer editing. At Rutgers-Camden, 1Ls anonymously exchange draft discussion sections
of their first memo with two other students to "peer edit" each memo before returning it
to the writer, using a questionnaire to guide the editing process. [FN9] When a memo
problem involves borderline facts, each student "editor" is likely to peer edit a draft
predicting the opposite result, based on a counterargument the student editor either
rejected as unpersuasive or perhaps overlooked entirely in drafting his or her own
analysis.
In-class oral law practice simulations if they explore other students' views of the
analysis. As students work through the analysis for their first legal memo, I require them
to role-play the law practice simulation of a junior attorney briefing a supervising
attorney. Requiring a student to verbally defend the memo's prediction can help the
student appreciate nuance in the facts and law and confront previously elusive
counterarguments. Oral questioning can be an opportunity to explore whether the memo's
prediction is consistent with the reasons underlying the rules. Students may learn that
facts they overlooked could be outcome determinative.
My class does a "brief the supervising attorney" role play three times. First, after they
have completed a draft of the memo, all students do an in-class, one-on-one role play: a
For teaching notes or to discuss any of these exercises, please feel free to contact Sarah Ricks,
Clinical Professor & Co-Director, Pro Bono Research Project, Rutgers Law School – Camden, at
sricks@camden.rutgers.edu
5. student "junior attorney" briefs a student "supervising attorney" on the issue, answering
questions and defending the junior attorney's prediction. This 10-minute simulation may
involve two students with opposite views of the likely outcome and differing views of the
law and facts likely to be emphasized by a court. [FN10]
Second, immediately after the whole class completes the one-on-one simulation, one pair
of students comes to the front of the room to switch roles and do the simulation again,
this time in front of the class. In a later class, after the students have turned in revised
drafts of the memo, we revisit the "brief the supervising attorney" simulation on the same
analysis a third time. This time, I play the supervising attorney and two students stand in
front of the class as a team to answer my skeptical questions. This allows the class to hear
two additional views of the likely legal analysis, further fleshing out counterarguments
students may have missed when first grappling with the problem.
In-class written law practice simulations. Finally, my students are exposed to other
students' analyses of the same facts during an in-class drafting exercise, collectively
outlining a motion to dismiss the claim. Some students can't recognize that a fact pattern
is susceptible to more than one legal interpretation until they have been recast in a
different role and asked to reanalyze the problem. For example, after the students have
turned in revised drafts of the first memo, I ask the entire class to become the attorney for
the defendant assigned to draft a motion to dismiss the claim. The class brainstorms
different potential arguments as I jot them on the board. The board fills quickly. After
several minutes, I stand back and ask the students whether the memos that predicted the
facts would state a claim anticipated and refuted each of the likely counterarguments. I
ask whether each memo that predicted the facts would not state a claim had thoroughly
explained why.
Additional in-class drafting exercises could further require students to grapple with the
ambiguities in the application of the law to the facts. Shifting focus to what new facts
would help the client, students could brainstorm about what evidence a defendant might
need to successfully move for summary judgment. To compile that evidence, what
documents would the defendant want to see and what interrogatories could be posed to
the plaintiff? Which witnesses would the defendant want to depose, and what would
some of the questions be? [FN11] What questions could be asked of the client or of the
client's employees? Would an expert be useful? This could be a valuable opportunity for
students to grasp that facts in real life do not come prepackaged but instead can be
developed by creative thinking and research. Class brainstorming on these next steps in
the litigation process could be incorporated into a recommendations section of the memo,
encouraging students to reflect on their counselor role and to take ownership of the
client's legal problem. [FN12]
Writing and Rewriting
The process of writing itself can deepen a student's understanding of the law and its
differing, plausible applications to the facts. "Writing is a thinking process that tests
whether one's thoughts are clear to a reader unfamiliar with the facts, the issue, or the
For teaching notes or to discuss any of these exercises, please feel free to contact Sarah Ricks,
Clinical Professor & Co-Director, Pro Bono Research Project, Rutgers Law School – Camden, at
sricks@camden.rutgers.edu
6. cited legal authority." [FN13] As they write about a legal problem, "students are apt to
discover the reciprocal relation of writing and thinking." [FN14]
My students rewrite their first predictive analysis after receiving feedback from multiple
sources: written feedback from me, written feedback from two student/peer editors, and
oral feedback from the "brief the supervising attorney" simulation, in addition to
witnessing two students perform the simulation in front of the class. At varying stages in
the process, different students will see that there is more than one path to a logical
conclusion. [FN15] Showing the class client letters explaining the conclusions, or
requiring students to draft their own, would provide opportunities to explore plain
language, ethics, and tone when communicating predictions to a client.
Evidence That These Techniques Work
There is some evidence that these techniques can be effective in teaching students to
recognize that there is no single, obvious application of the binding law to the client's
facts. Each year, I weight the first research memo toward not stating a claim for a
sympathetic plaintiff and each year, the class splits about down the middle on whether the
facts state a claim.
Some students change their initial predictions as they learn more about the law and
perceive the potential relevance of previously overlooked facts in the file, which consists
of realistic litigation documents. Last fall, for example, 15 of my 42 students changed
their mind about the predicted outcome at least once. Not all students tell the client "good
news," resisting the temptation to shade the analysis to tell the client what the student
thinks the client wants to hear. Seventeen of my 42 students delivered bad news to their
assigned clients on the first memo.
These results stand in sharp contrast to my first semester of teaching when, as I recounted
at the beginning of this essay, not a single one of my students recognized that the
sympathetic plaintiff likely couldn't state a tort claim. Now I start the fall semester by
telling the students that in real life the answer to a memo rarely will be clear because if it
were, the supervising attorney would not need the junior attorney to draft a research
memo. By the middle of the semester, I think most students accept that often-repeated
statement because they have started to recognize the ambiguities inherent in the memo
problems they're analyzing. By the end of the fall semester, I hope that students have
started to appreciate that ambiguity is opportunity: if a fact pattern is susceptible to more
than one legal interpretation, that uncertainty in how the law will apply to their clients'
facts can be an opportunity for their clients to prevail. I tell students that if the answers to
legal questions were obvious, no one would need lawyers to help figure it out--and
lawyers would be robbed of the fun and creativity of legal analysis. [FN16]
For teaching notes or to discuss any of these exercises, please feel free to contact Sarah Ricks,
Clinical Professor & Co-Director, Pro Bono Research Project, Rutgers Law School – Camden, at
sricks@camden.rutgers.edu