Downloads.” International Review of Law, Computers and Technology, 15, No

Nova Southeastern University

From the SelectedWorks of Pearl Goldman

2008

Legal Education and Technology II: An Annotated Bibliography Pearl Goldman

Available at: https://works.bepress.com/pearl_goldman/10/ Legal Education and Technology II: An Annotated Bibliography*

Pearl Goldman**

The digital revolution in legal education has engendered a large body of scholarship. To help legal educators locate materials that inform and enrich their teaching and writing, Professor Goldman offers an updated annotated bibliography of articles, commentaries, conference papers, essays, books, and book chapters that examine the impact of technology on legal education.

Introduction...... 416 Acronyms...... 417 Bibliography...... 418 Specific Technologies...... 418 Communications Technology...... 418 Information Technology ...... 419 Instructional Technology...... 423 Artificial Intelligence...... 423 Electronic Course Materials...... 427 Film and Television...... 436 Presentation Technology...... 438 Simulations and Games...... 440 Tutorials (CAI or CAL)...... 442 Miscellaneous Instructional Technologies...... 444 Curriculum...... 446 Clinical Legal Education...... 446 Doctrinal Courses...... 447 Skills Courses and Programs...... 453 Distance Education and Distance Learning...... 466 Pedagogy ...... 476 Law Schools...... 482 Administrative Considerations...... 482 Law Faculty...... 483 Law Libraries and Librarians...... 487

* © Pearl Goldman, 2008 ** Professor of Law, Nova Southeastern University Shepard Broad Law Center, Fort Lauderdale, Florida. The author expresses gratitude to Maxine Scheffler for her interlibrary loan efforts, to Mary Paige Smith and Carol Yecies for their research guidance, and to Suzen Corrada for her research assistance.

415 416 Law Library Journal [Vol. 100:3

Law Students...... 500 Legal Scholarship...... 505 The Future of Technology in Legal Education ...... 517 Miscellaneous...... 519 Author Index...... 521

Introduction

¶1 In 2001, Law Library Journal published an annotated bibliography that com- piled scholarship examining the impact of technology on law schools and legal education between 1970 and 2001.1 That bibliography is supplemented here, with annotations of scholarship published in the United States and other English- language countries between 2001 and 2008. Included are articles, commentaries, conference papers, essays, books, and book chapters addressing one or more of seven main categories into which the bibliography is organized: specific technologies, curriculum, distance education, pedagogy, law schools, the future of technology in legal education, and miscellaneous. ¶2 Entries are organized alphabetically by author within each category and subcategory and cross-referenced to other categories when appropriate.2 To facilitate cross-referencing, entries are numbered sequentially. Accompanying each entry is a brief summary of the subject matter or central points discussed in the article and any additional features of interest, such as appendices, graphics, bibli- ographies, and hyperlinks. An alphabetical author index provides references to all entries for each author. ¶3 In compiling the bibliography, relevant material was identified by conducting searches of Westlaw, LexisNexis, ERIC (Education Resources Information Center3), HeinOnline, Current Law Index, Index to Legal Periodicals, Legal Resource Index, LegalTrac, and the Internet, including newer resources such as The Berkeley Electronic Press (bepress)4, the Social Science Research Network

1. Pearl Goldman, Legal Education and Technology: An Annotated Bibliography, 93 La w Li b r . J. 423, 2001 La w Li b r . J. 21. 2. Entries are listed fully under the most appropriate topic, so occasionally a cross-reference to an entry will appear before the main entry. 3. The Education Resources Information Center (ERIC) is a digital library of education-related literature, sponsored by the Institute of Education Sciences of the U.S. Department of Education. ERIC: Education Resources Information Center, http://www.eric.ed.gov (last visited Apr. 11, 2008). 4. The Berkeley Electronic Press (bepress) publishes several journals and provides an open access online repository for scholarly working papers, pre-prints, and forthcoming papers in various disciplines, including law. The bepress Legal Repository is located at http://law.bepress.com/repository. 2008-22] Legal Education and Technology II 417

(SSRN) Electronic Library,5 and Google Scholar.6 Review of citations in the footnotes of works abstracted yielded additional materials. ¶4 Finally, although the goal was to produce a comprehensive bibliography within the subject area and time frame, noteworthy pieces may have been omitted unintentionally. The author regrets such omissions and invites readers to submit citations to relevant work for possible inclusion in a future supplement. This bibliography is current as of March 1, 2008.

Acronyms AALS Association of American Law Schools ABA American Bar Association AI Artificial Intelligence ALTA Australasian Law Teachers Association bepress The Berkeley Electronic Press BILETA British and Irish Law, Education & Technology Association CAI Computer-Assisted Instruction CAL Computer-Assisted Learning CALI Computer-Assisted Legal Instruction CALR Computer-Assisted Legal Research CLE Continuing Legal Education CMC Computer-Mediated Communication CT Communications Technology DE Distance Education DL Distance Learning GGSL Glasgow Graduate School of Law ICT Information and Communications Technology IT Information Technology ITS Intelligent Tutoring System ICODR International Competition for Online Dispute Resolution LEDA Legal Education Document Archive LRW Legal Research and Writing LSN Legal Scholarship Network ODR Online Dispute Resolution PT Presentation Technology QUT Queensland University of Technology

5. The Social Science Research Network (SSRN) is an open access online repository for scholarly working papers and forthcoming papers in the social sciences, including law. See Social Science Research Network (SSRN), http://www.ssrn.com. The SSRN Legal Scholarship Network is located at http:// www.ssrn.com/lsn/index.html. 6. Google Scholar (http://scholar.google.com) searches a range of scholarly publications in several disciplines worldwide. 418 Law Library Journal [Vol. 100:3

SSRN Social Science Research Network Electronic Library TWEN The West Education Network VLE Virtual Learning Environment

Bibliography

Specific Technologies Communications Technology7

1. Bentley, Duncan, and John Wade. “Special Methods and Tools for Educating the Transnational Lawyer.” Journal of Legal Education 55 (2005): 479–83. The authors describe an international collaboration run simultaneously at Bond University Faculty of Law and at a partner institution in the United States. Students at both institutions participate in simulated transnational negotiations involving IT law. After exchanging documents and opening positions via e-mail and list discussions, students negotiate by videoconference and electronic discussions. Advantages of this approach include exposure to issues involving jurisdiction, cultural perception, learning, and legal methodology. 2. Cockburn, Tina, and Tracy Carver. “Online Skill Development for Generation Y Students: A Case Study of an Online Negotiation Model for External Law Students.” International Journal of Learning 13, no. 2 (2007): 81–91. At QUT, faculty teaching trusts law use synchronous chat room technology to increase flexibility for external law students as they learn negotiation skills. The authors outline the project, describe its pedagogical rationale and accom- modation of Generation Y learning preferences, discuss student perceptions, and explore future considerations. They conclude that an effective model would blend a range of delivery approaches and incorporate faculty reflection and review of methodology. 3. Cunningham, Larry. “Using TWEN to Reach Evening Students.” Law Teacher 13 (Spring 2006): 12–13. Cunningham uses TWEN to improve communications with his part-time evening students. He discusses the use of discussion boards, document pages, and assignment drop boxes. He concludes that for busy professionals who attend law school part-time, TWEN is a useful supplement to in-person meetings. 4. Foley, Tony. “Developing Electronic Discussion-Based Learning in Clinical Legal Education.” Newcastle Law Review 6 (2002): 3–49. (See entry no. 145.) 5. Lim, Cynthia. “The Use of Online Forums to Support Inquiry in a PBL Environment: Observations from a Work-in-Progress.” British Journal of Educational Technology 36, no. 5 (2005): 919–21.

7. Communications Technology includes the use of computers to transmit and receive messages, documents, and information, and to engage in discussions with others. See Ri c h a r d Su ss k i n d , Th e Fu t u r e o f La w : Fa c i n g t h e Ch a ll e n g e s o f In f o r m at i o n Te c h n o l o g y 152–54 (1996). The articles in this section discuss the use of e-mail, newsgroups, electronic discussion lists, threaded discussions, and electronic conferencing in legal education. 2008-22] Legal Education and Technology II 419

This paper examines and compares the use of two online forums in a property law course in Singapore. Students were more active on the inquiry forum, where they conducted fact investigations and collaborated to interview clients, than they were on the discussion forum, where they discussed legal concepts with instructors. The author offers possible explanations for these differences and makes suggestions for improvement. 6. Polding, Liz. “Leading Change—Integrating E-learning into an Existing Course.” Legal Information Management 7 (2007): 59–63. (See entry no. 24.) 7. Poyton, David. “Integrating C&IT into the Delivery of a Law Module: A Reflective Look at Two Postgraduate Modules Delivered in the 2000/2001 Academic Year.” Journal of Information, Law and Technology, 2001, no. 3, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2001_3/poyton. Poyton describes and evaluates the use of CT to deliver two postgraduate law modules at the University of Wales, Aberystwyth. He concludes that using e-mail to replace contact time in the first module was an ineffective substitute for in- class experience and an inefficient use of instructor time. On the other hand, using a WebCT virtual learning environment8 in the second module actually released time for student-centered learning. 8. Sherwin, Richard K., Neal Feigenson, and Christina Spiesel. “Law in the Digital Age: How Visual Communication Technologies are Transforming the Practice, Theory, and Teaching of Law.” Boston University Journal of Science and Technology Law 12 (2006): 227–70. This article discusses how legal education must change in order to prepare students for a new world of digital and visual law practice. Describing their own pedagogic toolkit for visual literacy skills, the authors explain how they combine and modify aspects of traditional doctrinal and clinical teaching methods and use classroom focus groups to explore the relationship between words and pictures. 9. Snyder, Franklin G. “Late Night Thoughts on Blogging While Reading Duncan Kennedy’s Legal Education and the Reproduction of Hierarchy in an Arkansas Motel Room.” NEXUS: A Journal of Opinion 11 (2006): 111–25. (See entry no. 370.)

Information Technology9

10. Bloxham, Sefton. “Widening Access and the Use of ICT in Legal Education.” The Law Teacher: The International Journal of Legal Education 39 (2005): 93–105.

8. Throughout this bibliography, Virtual Learning Environment refers to digital and electronic environments that facilitate teaching and learning. See Pat r i c i a McKe ll a r & Pa u l Ma h a r g , Virtual Learning Environments: The Alternative to the Box Under the Bed, 39 La w Tc h r .: In t ’l J. Le g a l Ed u c . 43, 43 (2005). 9. The articles in this section focus on the use of IT in legal education. As used here, IT refers to the retrieval, management, and processing of legal and nonlegal information, using a variety of electronic resources, including online research systems, litigation databases, document assembly systems, and expert systems. 420 Law Library Journal [Vol. 100:3

Bloxham discusses the use of ICT in conjunction with conventional teaching methods to enhance the learning experience and retention levels of nontraditional and mature students in the LL.B. program at Edge Hill College in England. 11. Cobb, Tom. “Public Interest Research, Collaboration, and the Promise of Wikis.” Perspectives: Teaching Legal Research and Writing 16 (2007): 1, 3–11. Cobb explains how he implemented a class wiki in a first-year LRW course. He also discusses the pedagogical and practical advantages of the project, student and teacher perspectives, and assessment challenges. 12. Cuffe, Natalie. “Law Students’ Experiences of Information and Information Technology—Implications for Legal Information Literacy Curriculum Development.” Australian Association for Research in Education, Brisbane, December 2002, http://www.aare.edu.au/02pap/cuf02169.htm. This paper examines Australian law students’ use of and success with IT. Survey results suggest that law students use IT heavily but ineffectively and cannot transfer skills to novel situations. Concluding that law schools do not educate students for the IT demands of law practice, the author presents a curriculum model that integrates IT training into upper-year courses and strengthens lifelong learning. 13. Danner, Richard A. “Legal Information and the Development of American Law: Writings on the Form and Structure of the Published Law.” Law Library Journal 99 (2007): 193–227. In this contribution to the Law Library Journal’s symposium on the work of Professor Robert C. Berring,10 Danner reviews Berring’s scholarship on the impact of ICT on legal research, legal education, and law practice. He also examines the influence of Berring’s work on emerging interdisciplinary literature about the influences of legal information in American law. Topics include the effect on legal information of law students’ electronic research habits and the corresponding shift in the academic scholarship of legal research and legal information. 14. Gale, Christopher J. S. “BA Law with Information Technology—The First Graduates.” Journal of Information, Law and Technology, 2002, no. 1, http:// www2.warwick.ac.uk/fac/soc/law/elj/jilt/2002_1/gale. In 2001, Leeds Law School produced its first graduates in BA Law with Information Technology. The author chronicles their progress and examines the program’s development, covering topics such as curriculum, retention, results, student and staff perceptions, and employability of graduates. 15. Hanson, F. Allan. “From Key Numbers to Keywords: How Automation Has Transformed the Law.” Law Library Journal 94 (2002): 563–600.

10. Symposium, Legal Information and the Development of American Law: Further Thinking about the Thoughts of Robert C. Berring, 99 La w Li b r . J. 191 (2007) [hereinafter Berring Symposium] (honor- ing Professor Berring for his work on the historical role of legal information and the impact of digital technologies in the legal information environment). 2008-22] Legal Education and Technology II 421

Computer-assisted legal research has promoted a considerable change in the way law students conduct legal research. Hanson argues that CALR has encouraged students to view the law as a loosely organized collection of facts and doctrines, rather than an organized hierarchy of concepts. Consequently, students using CALR tend to focus on fact-based similarities at the expense of broader legal principles. Ultimately, such practices transform the structure and practice of law. 16. Harbaugh, Joseph D. “Preparing Legal Information Managers for Practice in the Digital Age.” University of Toledo Law Review 33 (2001): 81–84. (See entry no. 347.) 17. Hirsh, Kenneth J., and Wayne Miller. “Law School Education in the 21st Century: Adding Information Technology Instruction to the Curriculum.” William and Mary Bill of Rights Journal 12 (2004): 873–85. Hirsh and Miller review the availability of courses covering law practice technologies, concluding that U.S. legal education has not kept pace with the IT revolution in law practice. They outline their proposal for a course at the Duke University School of Law that would give students hands-on experience with law practice and courtroom technologies. 18. Ibusuki, Makoto, and Luke Nottage. “IT and Transformations in Legal Practice and Education in Japan and Australia.” University of Technology Sydney Law Review 4 (2002): 31–54. A survey of the impact of IT on law practice and legal education in Japan revealed that Japanese law schools have failed to keep pace with IT advances in law practice. The authors argue that these results require reform of Japan’s legal education system to prepare graduates for developments in IT. They also introduce steps taken to implement similar surveys in Australia. 19. Latrup-Pedersen, Tom. “Trends in Legal Education in the Learning Society— The Challenge of Information Technology.” International Journal of the Legal Profession 9 (2002): 165–86. This article examines trends in European higher education, focusing on the role of IT in the internationalization of legal education and law practice. The author outlines pedagogical considerations for applying IT in postgraduate European legal education and provides examples of its use. To summarize potential applications of IT in legal education, he offers diary excerpts written by a future Danish law student. 20. Mock, William B. T. “Informing Law Curricula: Modifying First-year Courses to Reflect the Information Revolution.”Journal of Legal Education 51 (2001): 554–67. Asserting that law schools have failed to make students aware of the importance of informational concepts, problems, and solutions, Mock explains how first- year courses may be revised to incorporate information-age perspectives and interests. 21. Noveck, Beth Simone. “Wikipedia and the Future of Legal Education.” Journal of Legal Education 57 (2007): 3–9. Noveck challenges legal education’s aversion to student use of and participation in publicly authored wikis. Analogizing Wikipedia to a multi-author treatise, she 422 Law Library Journal [Vol. 100:3

explains wikis and discusses their advantages as research sources, active learning tools, and collaborative instruments of social justice. The author advocates teaching law students not only how to read wikis critically and verify facts, but also how to write them and correct errors. 22. Onwonga, Dennis Aganyo. “LawNet Initiative: A Case for the East African Legal Information Institute.” Journal of Information, Law and Technology, 2003, no. 1, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2003_1/onwonga. LawNet is a nonprofit organization offering a legal informatics portal in East Africa. Its recent initiative to establish the East African Legal Information Institute is the subject of this article, which considers, among other things, the relationship between legal informatics and legal education. The author stresses the urgency of teaching East African law students to navigate, retrieve, and use electronic information, both to revitalize legal education and practice and to remain competitive in the new global order. 23. Polden, Donald J. “Planning and Decision-Making for Law School Information Technology.” Santa Clara Computer and High Technology Law Journal 18 (2002): 259–73. (See entry no. 348.) 24. Polding, Liz. “Leading Change—Integrating E-learning into an Existing Course.” Legal Information Management 7 (2007): 59–63. Polding writes about the integration of e-learning resources into law courses at the Oxford Institute of Legal Practice. She discusses planning and piloting, feedback and assessment, and effective resource management. She also highlights resources used, including an open source VLE, webcams, podcasts, interactive discussion boards, chat rooms, and e-portfolios. 25. Ribeiro, Erica B. Q., Hugo C. Hoeschl, Tania C. D. Bueno, and Samantha Hoffmann. “A Brazilian Experience on Technological Distance Learning for Law Students and Professionals.” In 18th BILETA Annual Conference, April 2003, London, England, http://www.bileta.ac.uk/pages/Conference%20 Papers.aspx. (See entry no. 299.) 26. Schafer, Burkhard, and Jeroen Keppens. “Legal LEGO: Model Based Computer Assisted Teaching in Evidence Courses.” Journal of Information, Law and Technology, 2007, no. 1, http://www2.warwick.ac.uk/fac/soc/law/ elj/jilt/2007_1/schafer_keppens. Drawing their inspiration from the theory of science education, the authors explain a three-dimensional approach to teaching law students to interpret and evaluate evidence. This computer-based modeling system seeks to teach law students to interact with scientific experts and to translate what they learn about scientific evidence into a format appropriate for legal proceedings. The authors explain the advantages of their system over conventional AI tutoring software, introduce their prototype, and describe plans for this prototype. 27. Sibanda, Mondli. “Challenges for Legal Information Provision in Undergrad- uate Education: The University of Zimbabwe Law Library.” International Journal of Legal Information 32 (2004): 383–89. (See entry no. 441.) 2008-22] Legal Education and Technology II 423

28. Spencer, Maureen, John Spencer, and Penelope Kent. “Practitioners’ Use of Online Law Reports: Implications for Law Schools.” Web Journal of Current Legal Issues, 2002, no. 2, http://webjcli.ncl.ac.uk/2002/issue2/spencer2.html. A survey conducted at Middlesex University Business School revealed that only a minority of law students were using online case reports despite extensive use by legal practitioners. Attributing this result to unfamiliarity with electronic sources, the authors examine the issues raised for legal education, particularly the extent to which law schools need to teach students to analyze and discriminate in investigating sources of law. 29. Thomas, Philip. “Legal Education: Then and Now.” The Law Teacher: The International Journal of Legal Education 40 (2006): 239–53. Reflecting on developments in legal education over the last forty years, Thomas addresses the impact of ICT on legal education. Topics include electronic legal research, DL, VLEs, and videoconferencing.

Instructional Technology11 Artificial Intelligence12 30. Aleven, Vincent. “Using Background Knowledge in Case-Based Legal Reasoning: A Computational Model and an Intelligent Learning Environment.” Artificial Intelligence150 (November 2003): 183–237. CATO is an Intelligent Tutoring System13 designed to teach law students the skills of case-based legal argument. The author’s study compared CATO’s argumentation model and instructional environment in a legal writing course with the best traditional legal writing instruction. Although results indicate that CATO is effective in teaching basic argumentation skills, he concludes that a more integrated method is required for students to transfer these skills to increasingly complex contexts. 31. Aleven, Vincent, Kevin D. Ashley, and Collin Lynch. “Helping Law Students to Understand U.S. Supreme Court Oral Arguments: A Planned Experiment.” In Proceedings of the 10th International Conference on Artificial Intelligence and Law, June 6–11, 2005, Bologna, Italy, edited by A. Gardner, 55–59. New York: ACM Press, 2005, http://www.cs.pitt.edu/~collinl/Papers/AlevenEtAl -ICAIL2005.pdf.

11. As used in this article, Instructional Technology includes the design, development, use, management, and evaluation of technology resources for teaching and learning law. 12. Artificial intelligence is concerned with the development of computer systems that can model or simu- late intelligent behavior by performing tasks and solving problems ordinarily thought to be within the exclusive province of human intelligence. Su ss k i n d , supra note 7, at 120. As used in this section, AI includes expert and knowledge-based systems that guide users through complex legal issues, analyze problems and draw conclusions, formulate strategies, and assemble documents. 13. An Intelligent Tutoring System seeks “to automate the human tutor’s role, which is to prod, hint, ask leading questions or ask for justifications, and guide the problem solving with just the right amount of intervention and feedback to keep the learner on track.” Suzanne Ehrenberg, Legal Writing Unplugged: Evaluating the Role of Computer Technology in Legal Writing Pedagogy, 4 Le g a l Writing: J. Le g a l Writing In st . 20 (1998) (quoting Randy Kaplan & Denny Rock, New Directions for Intelligent Tutoring, AI Ex p e r t , Feb. 1995, at 30). 424 Law Library Journal [Vol. 100:3

The authors describe a planned experiment to evaluate the extent to which law students’ study of Supreme Court oral arguments can be improved by providing detailed and specific self-explanation prompts. The data will provide guidance in developing an AI model to be used in an ITS. 32. Ashley, Kevin D. “What I Told the Law and Computers Association of Japan About Information Technology in Law School Education.” University of Pittsburgh Law Review 62 (2001): 545–79. (See entry no. 310.) 33. Ashley, Kevin D. “An AI Model of Case-based Legal Argument from a Jurisprudential Viewpoint.” Artificial Intelligence and Law 10, no. 1–3 (2002): 163–218. This article describes the CATO curriculum (see entries no. 30, 34, and 310) and illustrates its use of AI techniques to teach law students how to make analogical legal arguments with cases. 34. Ashley, Kevin D., Ravi Desai, and John M. Levine. “Teaching Case- Based Argumentation Concepts Using Dialectic Arguments vs. Didactic Explanations.” In Proceedings of the Sixth International Conference on Intelligent Tutoring Systems, edited by S. A. Cerri, G. Gouardères, and F. Paraguaçu, 585–95. Berlin: Springer-Verlag, 2002. Ashley and Levine compared different versions of CATO (see entries no. 30, 33, and 310) to determine which version best helped law students learn how to distinguish case precedents. The original version employed a didactic explanatory dialogue. The newer version, CATO-Dial, uses simulated dialectic argument in courtroom settings. The authors conclude that students who engage in simulated argument learn better than students who receive interactive explanation. 35. Ashley, Kevin D., Niels Pinkwart, Collin Lynch, and Vincent Aleven. “Learning by Diagramming Supreme Court Oral Arguments.” In Proceedings of the Eleventh International Conference on Artificial Intelligence and Law, 271–75. New York: ACM Press, 2007, available at http://www.cs.cmu .edu/~aleven/Papers/2007/Ashley_ea_ICAIL2007.pdf. LARGO (Legal ARgument Graph Observer) is an ITS that uses Supreme Court oral arguments to help law students develop the skill of reasoning with hypotheticals. Students diagram arguments in graphical language and receive feedback in the form of reflection questions. The authors report that lower-ranked students (as measured by LSAT scores) outperformed their control group counterparts who used traditional notepad-and-highlighting methods. 36. Balleste, Roy. “A Hypothetical Case Study: Creating AI Assistants in the Law Library.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 47–56. Balleste reviews the basics of constructing an AI agent for a law library, using 2001: A Space Odyssey and The Time Machine to explain AI technology. The AI agent would be designed to answer reference questions and to carry out routine circulation and technical services tasks. Balleste discusses why law libraries have been slow to adopt this technology, explores concerns about AI agents, and emphasizes that a library’s input in designing and programming an AI system is a vital element of its success. 2008-22] Legal Education and Technology II 425

37. Carr, Chad S. “Using Computer Supported Argument Visualization to Teach Legal Argumentation.” In Visualizing Argumentation: Software Tools for Collaborative and Educational Sense-Making, edited by Paul A. Kirschner, Simon J. Buckingham Shum, and Chad S. Carr, 75–96. London: Springer- Verlag, 2003. QuestMap is collaborative-argumentation software designed to improve legal argument skills. This book chapter documents a study examining its value in teaching legal argument and collaborative problem solving to second-year law students. Carr found no significant difference in argument skills between students who used QuestMap and their counterparts who did not. He concludes that because law students are already skilled in argumentation, such software supports the discussion process but not the development of argumentation skills. 38. Engle, Eric. “Smoke and Mirrors or Science? Teaching Law with Computers—A Reply to Cass Sunstein on Artificial Intelligence and Legal Science.”Richmond Journal of Law and Technology 9 (2002–03): 9–16. In 2001, Cass Sunstein wrote that computers could not engage in analogical legal reasoning because they were not yet able to make evaluative choices.14 Challenging this assertion, Engle provides examples of analogical reasoning in computer programs and introduces a program he wrote to assist in teaching tort law. 39. Gibbons, Hugh. “Electronic Technology Provides a New Methodology for Teaching and Testing.” Journal of Legal Education 52 (2002): 145–50. Gibbons used Shelldrake Developer, a freeware AI program, to create an assignment for his torts class. The assignment required students to use interactive computerized conversations to guide each other through concepts and rules. He concludes that performance on the final exam essay was markedly superior to that of past classes because the assignment gave students the opportunity to explore the reasoning process. 40. Goldin, Ilya M., Kevin D. Ashley, and Rosa L. Pinkus. “Introducing PETE: Computer Support for Teaching Ethics.” In Proceedings of the Eighth International Conference on Artificial Intelligence and Law (ICAIL 2001), 94–98. St. Louis, Mo.: ACM Press, 2001, available at http://www.pitt .edu/~goldin/pete-icail-cr.pdf. (See entry no. 125.) 41. Gordon, Thomas F. “Artificial Intelligence and Legal Theory at Law Schools.” In Artificial Intelligence and Legal Education, edited by Hajime Yoshino, Kevin D. Ashley, and Katsumi Nitta, 53–58. Gedit Edizioni: Bologna, 2005. Gordon argues that the discrete discipline of AI and law should be integrated into legal education and research as a component of legal theory. He examines the consequences, risks, and challenges of this proposal for legal education and for collaboration with computer science.

14. Cass R. Sunstein, Of Artificial Intelligence and Legal Reasoning, 8 U. Ch i . L. Sc h . Ro u n d t a b l e 29, 31–32 (2001). 426 Law Library Journal [Vol. 100:3

42. Muntjewerff, Antoinette J., Astrid Jordaans, Rinke Hoekstra, and Ronald Leenes. “Case Analysis and Storage Environment—CASE.” In Legal Knowledge and Information Systems. Jurix 2003: The Sixteenth Annual Conference, edited by Danièle Bourcier, 1–10. Amsterdam: IOS Press, 2003, available at http://www.jurix.nl/pdf/j03-01.pdf. CASE (Case Analysis and Storage Environment) is a web-based instructional environment that allows law students to practice finding and analyzing judicial decisions. After describing the program’s design, implementation, and operation, the authors take the reader through a typical session with CASE, accompanied by graphical representations. They also outline areas for future research. 43. Muntjewerff, Antoinette J. “Principled and Structured Design of Electronic Materials for Learning the Law.” In Legal Knowledge and Information Systems. Jurix 2002: The Fifteenth Annual Conference, edited by T. J. M. Bench-Capon, A. Daskalopulu, and R. G. F. Winkels, 133–42. Amsterdam: IOS Press, 2002, http://www.jurix.nl/pdf/j02-14.pdf. Muntjewerff argues that the design of electronic instructional materials for law students should be based on outcomes from basic, applied, and integration research, actively linked to research in both AI and law and AI and education. She presents her research agenda and describes two research projects within the HYPATIA program (see entry no. 44): PROSA, which teaches the skill of legal problem solving, and PAT, which teaches the use of legal precedent. 44. Muntjewerff, Antoinette J. “The HYPATIA Project: Models of Legal Knowledge and Legal Reasoning in Computer-assisted Instructional Materials for Learning Law.” International Review of Law Computers and Technology 17 (2003): 109–15. The goal of the University of Amsterdam’s HYPATIA project is to design new computer-assisted instructional materials for law students who experience difficulty learning law and acquiring legal skills. This article explains how HYPATIA uses AI models in designing instructional environments for learning legal concepts, legal problem solving, and legal reasoning. 45. Pinkwart, Niels, Vincent Aleven, Kevin Ashley, and Collin Lynch. “Toward Legal Argument Instruction with Graph Grammars and Collaborative Filtering Techniques.” In Intelligent Tutoring Systems: Proceedings of the 8th International Conference, Lecture Notes in Computer Science, edited by Mitsuru Ikeda, Kevin Ashley, and Tak-Wai Chan, 227–36. Berlin: Springer, 2006. The authors report on a pilot study of an ITS designed to assist law students in constructing legal arguments. Students create graphical models of U.S. Supreme Court oral argument transcripts. When the system detects structural, context, and content weaknesses in these models, it presents students with a self-explanation prompt. Graph grammars handle structural and context weaknesses, while a collaborative filtering approach handles content weaknesses. The authors explain why this type of feedback is both novel and effective. They also present plans for future research based on pilot studies. 2008-22] Legal Education and Technology II 427

Electronic Course Materials15

46. Barton, Karen, and Patricia McKellar. “Transactional Learning: Ardcalloch Sheriff Court is Open for Business.” Journal of Information, Law and Technology, 2007 no. 1, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2007 _1/barton_mckellar. This paper describes a work in progress within the transactional learning environment at Glasgow Graduate School of Law. Specifically, the authors discuss the development of the Civil Court Action, a project in which student law firms raise or defend civil actions within the virtual town of Ardcalloch. (See entry no. 71) Describing how a virtual Sheriff Court is integrated into the project, they explain the pedagogic rationale and models on which their work is based, the practical implications of the project, and plans for future development. Screen shots show the Virtual Court Action Tutor Workspace that provides the interface between members of the Ardcalloch community. 47. Bloxham, Sefton, and Susan Armitage. “What a LUVLE Way to Learn Law.” International Review of Law, Computers and Technology 17 (2003): 39–50. Lancaster University’s Virtual Learning Environment (LUVLE) was designed with Lotus Domino software to promote collaborative, networked learning that emphasizes problem-solving activities. The authors evaluate LUVLE’s production, development, implementation, and pilot in a first-year law program. They address its structure, pedagogy, organization of resources, staff development, student training, technical problems, feedback, and future advances. 48. Bloxham, S. M., A. Cerevkova, and R. Parrish. “Using ICT to Support Reflective Learning and Personal Development Planning within a Blended Learning Environment.” In 21st BILETA Annual Conference, April 2006, Malta, http://www.bileta.ac.uk/pages/Conference%20Papers.aspx. This paper describes the development and implementation of a first-year legal methods module at Edge Hill College of Higher Education in England. The module, which included embedded reflective learning, was delivered via classroom and online activities. The authors explain the rationale for their approach, discuss the advantages of using a VLE such as WebCT, and present a preliminary evaluation based on student feedback, tutor evaluation, and student performance. 49. Bloxham, Sefton, and Andrea Cerevkova. “Reflective Learning, Skills Development and Careers Management Online—An Evaluation of a First Year Law Module.” Journal of Information, Law and Technology, 2007, no. 1, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2007_1/bloxham_cerekova. This paper describes the use of a VLE platform, WebCT, to embed personal development planning and reflective learning within a first-year undergraduate

15. As used in this section. “Electronic Course Materials” includes class readings, assignments, casebooks, textbooks, workbooks, and similar learning resources published in digital or electronic format, either online or on disk. It also includes what is known in the United Kingdom as “courseware,” i.e., an “electronic collection of multimedia-rich learning materials combined with varying levels of tutorial interactivity, which can be independently accessed by learners at any time and used at their own pace . . . on CD-ROM, over an intranet or through the Internet.” UK Centre for Legal Education, Using Courseware for Teaching Law, http://www.ukcle.ac.uk/resources/ict/courseware.html (last visited Apr. 11, 2008). 428 Law Library Journal [Vol. 100:3

law module at Edge Hill University in England. Assessment tasks were rede- signed to align learning activities, learning outcomes, and the restructuring of the personal tutor system to support the assessment process. The paper outlines the pedagogy and underlying methodology, reports the results of student evaluations of their learning experience, and identifies challenges faced. Drawing on student feedback, tutor evaluations, and evidence of student performance, the authors evaluate the use of the VLE in this module. 50. Bodie, Matthew T. “The Future of the Casebook: An Argument for an Open- Source Approach.” Journal of Legal Education 57 (2007): 10–35. Predicting the demise of the casebook as the centerpiece of legal education, Bodie proposes that law faculty implement an open-source approach to course materials. He examines the open-source movement and its potential for developing electronic commons casebooks that will permit collaboration, individuality, variety, and flexibility. Concluding, he outlines the mechanics of such a project and addresses potential problems and solutions. 51. Butler, Des. “The Merlin Affair: Using Multi-Media in the Teaching and Learning of Law.” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http://www.alta.edu.au/pdf/conference/published_papers/butler_d_2006_alta _conference_paper_merlin_affair.pdf. (See entry no. 154.) 52. Chapman, Michael. “Introducing Quizzes and Discussion Boards on the Bar Vocational Course.” Legal Information Management 5 (2005): 87–94. The Inns of Court School of Law in England introduced e-learning to deliver Bar Vocational Courses to full-time students. Chapman explains how SynchronEyes software is used to broadcast to students’ networked computers, while WebCT Vista 2 is employed for online modules, quizzes, and discussion boards. He also evaluates the effectiveness of e-learning technology, underlines its strengths and weaknesses, and proposes methods of maximizing its benefits. 53. Childs, Bill, and Lyndal Taylor. “You Can Lead a Horse to Water: Introducing On-Line Education.” University of Technology Sydney Law Review 3 (2001): 141–46. In 2001, the University of Technology, Sydney introduced Blackboard software to facilitate flexible delivery of courses online. When Taylor adopted Blackboard for her courses, she was mentored by Childs, an experienced technology user. After discussing the mentoring process and relationship, the authors describe the software and share their insights about the methodology and benefits of online education. 54. Chui, Wing Hong. “The Use of a Virtual Learning Environment: The Hong Kong Experience.” The Law Teacher: The International Journal of Legal Education 40 (2006): 59–69. The author shares his experiences using ICT to deliver undergraduate law courses in the LL.B. program at the City University of Hong Kong. After a selec- tive review of relevant literature, he describes his own web-enhanced instructional methods and reflects on lessons learned. Concluding that VLEs should be used to supplement rather than replace classroom learning, he advocates using 2008-22] Legal Education and Technology II 429

web-based instruction to promote learning outside the classroom, facilitate communication between students and teachers, and improve students’ technical and writing skills. 55. Clinch, Peter. “Using the Virtual Learning Environment.” In Teaching Legal Research. 2d ed. 75–103. Warwick: UK Centre for Legal Education, 2006, http://www.ukcle.ac.uk/resources/tlr. This book chapter examines the development and use of VLEs in legal research courses. Topics include the relevance of e-learning theories and learning styles to VLE design; advantages and disadvantages of VLEs; tools available for skills acquisition; course design, development, delivery, and evaluation; student assessment and support; collaboration between instructors, library staff, and IT staff; and digital copyright and inter-institutional sharing of materials. Illustrations provide examples of VLE activities and survey instruments. 56. Crossley, Jenni, and Claire Tylee. “Developing an Online Interactive Guide for Law Students.” Legal Information Management 5 (2005): 232–35. The authors examine the process by which librarians at the University of the West of England developed an online interactive guide to enhance the legal information literacy skills of law students in bar vocational and legal practice courses. The guide includes audio-enabled database demonstrations, video clips, interactive database tutorials, and interactive quizzes with immediate feedback. 57. Curtis, Debra Moss, and Judith Karp. “In a Case, On the Screen, Do They Remember What They’ve Seen? Critical Electronic Reading in the Law Classroom.” Hamline Law Review 30 (2007): 247–84. The shift to on-screen reading has radically changed the reading experience for law students. The challenges of teaching and learning with computer-generated text are explored by the authors, who discuss the differences between electronic and print reading and describe their classroom experiences with on-screen reading. Concluding that the benefits of this medium outweigh the drawbacks, they present solutions for helping students and improving their critical reading skills in this format. 58. Dailey, Susan R. “Linking Technology to Pedagogy in an Online Writing Center.” Legal Writing: The Journal of the Legal Writing Institute 10 (2004): 181–206. Dailey addresses the advantages and pedagogical implications of using an online writing center to meet the academic and extracurricular needs of student writers who may feel marginalized by their law school experience, including mature experienced writers, first-generation college students, and students for whom English is a second language. 59. Donahoe, Diana R. “Skilled E-Scholars Click Their Way Up.” Legal Times, September 4, 2007, http://www.law.com/jsp/legaltechnology/pubArticleLT .jsp?id=1188550951994. Donahoe developed TeachingLaw.Com, an online e-text that combines nonlinear text, interactivity, immediate feedback, and multimedia content. Her article discusses its features and explains its use in the LRW classroom. 430 Law Library Journal [Vol. 100:3

60. Heminway, Joan MacLeod. “Caught in (or on) the Web: A Review of Course Management Systems for Legal Education.” Albany Law Journal of Science and Technology 16 (2006): 265–309. Heminway evaluates LexisNexis Web Courses and TWEN, two web-based course management systems. She discusses the pedagogical factors underlying her decision to use them and describes how she addressed these factors by selecting certain features of each system in her courses. She concludes that course management systems bridge the technological gap between professors and students without forcing faculty to alter their teaching material or methodology. 61. Herzberg, Abe, Phillip Lipton, and Deborah Jones. “Pathways to a Construc- tivist Approach to Teaching and Learning Corporate Law.” In E-learning in the University: Some Constructionist Perspectives, edited by Gayle Morris and Gloria Latham, 1–11. Melbourne: RMIT University Press, 2005. This book chapter describes a corporate law course taught in Australia. The course web site uses Pathways, a navigational tool providing a structured and annotated map of Internet resources. The authors explain how they use these resources in five learning activities. They conclude that combining online learning with a student-centered approach promotes active learning, subject mastery, and development of electronic research and literacy skills. 62. Hunter, Dan. “Legal Teaching and Learning over the Web.” University of Technology Sydney Law Review (2000): 124–31. Hunter explains an interaction model of teaching and learning that uses web- based multimedia. To demonstrate its use in distance or flexible legal education, he provides examples developed at the University of Melbourne Law School, such as a multimedia course book and web-based multimedia simulation systems. 63. Laurence, Robert. “Casebooks are Toast.” Seattle University Law Review 26 (2002): 1–11. Laurence recounts his experience using LexisNexis Web Courses to create virtual casebooks in his bankruptcy and debtor-creditor relations classes. After discussing the limitations of commercial casebooks, he evaluates the use of web-based materials. Advantages include cost-savings and flexibility. Disadvantages include problems with network access, students’ penchant for printing, and time spent on a project that is not regarded as scholarship. 64. Le Brun, M. J., with T. Ryan, P. Weyand, and L. Scull. “Producing Multi-media Teaching/Learning Materials for Teaching Legal Ethics and Professional Responsibility in Australian Law Schools: And the Lesson is . . . Soldier On.” Legal Education Review 12 (2001): 157–73. The stated goal of this article is to encourage law faculty to produce interactive teaching and learning materials and to share their experiences with e-learning. To this end, Le Brun describes the development of an interactive, multimedia CD-ROM designed to teach legal ethics and professional responsibility to law students. After detailing the production process, she outlines challenges encountered, lessons learned, and future projects. 2008-22] Legal Education and Technology II 431

65. Le Brun, M. J. “On Becoming a Techie: Making Technology Work for Law.” Syracuse Law Review 52 (2002): 1103–31. Le Brun provides a guide to creating multimedia teaching and learning materials. With a team of colleagues and students, she designed a CD-ROM to enhance student learning of legal ethics and professional responsibility in Australian law schools. The interactive multimedia package included videos accompanied by questions and answers, games, text, and alternative dialogues. Appendices describe project team members, their functions, and the video development process. 66. Le Brun, M. J., Anne Macduff, Richard Vuckovic, and David Catanzariti. “Developing the Reflective Practitioner Online (in Law), The Law Teacher: The International Journal of Legal Education 39 (2005): 16–28. This article explains how legal educators can help law students develop the skill of reflective practice in an online environment. After considering the content and importance of reflective practice, the authors outline the WebCT module they developed for the Graduate Diploma in Legal Practice at the Australian National University. They also discuss the technological and administrative problems encountered in designing the site. 67. McDonald, Jacquie, Janelle McPhail, Michael Maguire, and Bruce Millett. “A Conceptual Model and Evaluation Process for Educational Technology Learning Resources: A Legal Case Study.” Educational Media International 41, no. 4 (2004): 287–96. The University of Southern Queensland delivers instructional materials to on- campus and external law students via CD-ROM (Law CD). This paper describes how the Law CD combines problem-solving techniques and hyperlinked legal resources in an integrated multimedia environment. It also discusses the model used to evaluate the impact of this learning environment on students and to assist in fine-tuning the design and delivery of resources. 68. McKellar, Patricia, and Paul Maharg. “Virtual Learning Environments in Action.” In Learning in Law Initiative Conference, 2004, UK Centre for Legal Education, University of Warwick, http://www.ukcle.ac.uk/interact/lili/2004/ papers/maharg.html. This paper describes the development, use, and effect of web casts at two law schools in Scotland. Cautioning that successful web casts require considerable planning, the authors outline the issues they had to consider in order to construct more interactive and thoughtful learning environments. Graphical representations of the web cast environment are included. 69. McKellar, Patricia, and Paul Maharg. “Presence, Emergence and Knowledge Objects: User Interaction in a Virtual Learning Environment.” In Subtech 2004: 8th International Conference on Substantive Technology in Legal Education and Practice, 2004, Seattle, http://zeugma.typepad.com/Publications/ Webcast%20paper.doc. This paper reports interim results from a project (see entry no. 68) that tracked student use of web casts at two law schools in Scotland. The authors describe the evolution, design, management, and operation of the web cast environments. 432 Law Library Journal [Vol. 100:3

They also analyze user data and consider student suggestions and reflections on the usefulness of the web cast environment. Appendices list web cast projects, explain methodology, and provide a student log template. 70. McKellar, Patricia, and Paul Maharg. “Virtual Learning Environments: The Alternative to the Box under the Bed.” The Law Teacher: The International Journal of Legal Education 39 (2005): 43–56. The authors report on their study of the variation and quality of student learning in a VLE structured around video lectures at the GGSL. In this article, they outline the process of (1) embedding video lectures with text, learning activities, and hyperlinked resources and (2) preparing the finished product for web casts or CD-ROM. They also present the results of their extensive study and consider student feedback. 71. Maharg, Paul. “Transactional Legal Learning on the Web.” Legal Information Management 2 (2002): 26–33. At the GGSL, students are divided into law firms, each with a web page containing the resources required to practice law in the virtual town of Ardcalloch. This article describes student projects, outlines challenges, and suggests the role that law librarians might play in the process. Screen shots show the history and map of Ardcalloch, correspondence timelines in the negotiation project, and the initial drafting assessment. 72. Maharg, Paul. “IT’s Progress: The Gradual Revolution.” The Legal Executive Journal, February 2002, 8–13, http://www.ilexjournal.com/Special_features/ article.asp?theId=406&themode=2. The author discusses the increasing use of IT in legal education, focusing on VLEs that incorporate multimedia simulations. He describes the GGSL’s web- based virtual law firm and multimedia units on legal writing, legal drafting, interviewing, negotiation, and advocacy. 73. Maharg, Paul. “Professional Legal Education in Scotland.” Georgia State University Law Review 20 (2004): 947–76. (See entry no. 330.) 74. Maharg, Paul. “Virtual Firms: Transactional Learning on the Web.” Journal of the Law Society of Scotland, October 2004, http://www.journalonline.co.uk/ article/1001154.aspx. This contribution to the scholarship on the GGSL’s virtual legal community focuses on a web-based negotiation project. Maharg describes the project, technology, student feedback, start-up costs, and pedagogical benefits. 75. Maharg, Paul. “Legal Sims: From Everquest to Ardcalloch (and Back Again).” In CALI Conference, Seattle, June 17–19, 2004, http://www.caliauthor.net/ conference/2004/presentations/Legal%20Sims.doc. The GGSL uses virtual simulation to enhance student learning. In this online environment, students play the role of solicitors in a virtual town. Maharg describes the context and development of the project, its use of specific technologies such as Microsoft SharePoint Services, and its cross-subject application. He also discusses the pedagogy of creating a virtual community that is both a learning management system and a problem-based learning environment. 2008-22] Legal Education and Technology II 433

76. Marshall, Catherine C., Morgan N. Price, Gene Golovchinsky, and Bill N. Schilit. “Designing e-Books for Legal Research.” In Proceedings of the 1st ACM/IEEE-CS Joint Conference on Digital Libraries (2001): 41–48. Roanoke, Va.: ACM Press. To design and test e-book technology, the authors studied the activities of law students preparing for a moot court competition. Based upon their observations, they used XLibris analytic reading software to design a prototype that ran on a pen tab- let computer. They report that the advantages of a standalone reading device are outweighed by the need of law students to integrate reading with other complex activities. The evolving redesign produced a “document laptop” that integrates wireless access with reading, navigation, retrieval, annotation, and organization. 77. Martin, Fiona. “Teaching Legal Problem-Solving: A Problem-based Learning Approach Combined with a Computerised Generic Problem.” Legal Education Review 14 (2003–2004): 77–92. Faculty at QUT integrated problem-based learning into a computer-based law module. This article discusses the module and addresses pedagogical concerns, design issues, and benefits of using technology to teach legal problem solving. 78. Mayer, John. “CALI is a Community.” In Aan het werk met ICT in het academisch onderwijs: RechtenOnline, edited by Anton Vedder, 51–60. Nijmegen, Netherlands: Wolf Legal Publishers, 2004. In this book chapter, the executive director of the Center for Computer-Assisted Legal Instruction examines CALI’s role as community builder, legal educational publisher, and software developer. He describes the ideal CALI lesson and the lesson-writing process, explains how CALI engages the legal education community, and discusses software development supporting its mission. 79. Muntjewerff, Antoinette J., and Jeroen J. Leijen. “Unplugging Blackboard.” The Law Teacher: The International Journal of Legal Education 38 (2005): 57–69. This article reviews the usefulness of the Blackboard VLE in Dutch legal education by querying how law students and faculty would be affected if VLEs were to be unplugged. Concluding that a VLE’s success depends upon design of the resources delivered, the authors examine the elements of effective design and discuss requirements for converting VLEs into learning management systems for legal education. 80. Nadolski, Rob, and Jürgen Wöretshofer. “Use of ICT in the Training of Legal Skills.” The Law Teacher: The International Journal of Legal Education 39 (2005): 29–42. A study conducted in the Netherlands investigated whether providing support to law students would improve legal interviewing skills. The control and experimental groups received the course textbook and multimedia CD-ROM, but the experimental group also received interactive support. The experimental group outperformed the control group in the legal advice task but no differences were discerned in fact-finding. The authors consider the implications of these findings for the use of ICT in legal skills instruction. 434 Law Library Journal [Vol. 100:3

81. O’Reilly, Jennifer, Gayani Samarawickrema, and Shane Maiolo. “Developing an Interactive Writing Tool for Business Law Students.” In Interact, Integrate, Impact: Proceedings of the 20th Annual Conference of the Australasian Society for Computers in Learning in Tertiary Education, Adelaide, December 7–10, 2003, edited by Geoffrey Crisp, Di Thiele, Ingrid Scholten, Sandra Barker, and Judi Baron, 670–73, http://www.ascilite.org.au/conferences/adelaide03/ docs/pdf/670.pdf. This paper describes Answer Styles, an interactive writing tool developed for undergraduate students at Monash University in a business law unit. The tool was developed with Macromedia’s Flash for use with WebCT and was designed to help students construct reasoned written responses to legal problems. Unlike conventional model answers, Answer Styles provides each student with an individualized, interactive model answer. After reviewing student feedback, the authors conclude that Answer Styles could be used in many disciplines. 82. Paliwala, Abdul. “Iolis—The Story of a Learning Resource for UK Law Schools.” In Aan het werk met ICT in het academisch onderwijs: RechtenOnline, edited by Anton Vedder, 61–74. Nijmegen, Netherlands: Wolf Legal Publishers, 2004. This book chapter examines Iolis as a collaborative, technical, and pedagogical development. Paliwala explores factors leading to its success and the issues facing courseware as legal education moves into an era of managed and virtual learning environments. Topics include the development of Iolis, its teaching approaches, technical environment, production process, implementation, and future. 83. Paliwala, Abdul. “E-learning and Culture Change: The Iolis Story.” The Law Teacher: The International Journal of Legal Education 39 (2005): 1–15. Iolis is an interactive multimedia resource designed for LL.B. students by a consortium of UK law schools. Paliwala reviews its origin, development, and pedagogic approach and describes its technical environment and implementation. He calls for a reconceptualization of Iolis from its current content-based approach to a learning development resource that could be customized and shared in an online collaborative commons. 84. Polding, Liz. “Delivering Blended Legal Learning by Open Source Methods.” Journal of Law, Information, and Technology, 2007, no. 1, http://www2 .warwick.ac.uk/fac/soc/law/elj/jilt/2007_1/polding. Moodle (Modular Object-Oriented Dynamic Learning Environment) is a free, open-source VLE that promotes constructivist learning. Polding discusses her experiments with Moodle in the legal practice course at the Oxford Institute for Legal Practice. She explains how she uses the software to support a blended approach that integrates traditional lectures and interactive group work, using preparatory and follow-up exercises, webcasting, and podcasting. She concludes that using a VLE in a blended environment that combines e-learning with traditional methods will promote low-cost development and experimentation and enhance legal learning. 2008-22] Legal Education and Technology II 435

85. Poyton, David. “Integrating C&IT into the Delivery of a Law Module: A Reflective Look at Two Postgraduate Modules Delivered in the 2000/ 2001 Academic Year.” Journal of Information, Law and Technology, 2001, no. 3, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2001_3/poyton. (See entry no. 7.) 86. Quanjel-Schreurs, Lieke, Tonnie Starren-Weijenberg, Carlo Aretz, and Natasja Van der Meer. “A Digital Training Programme for Advocacy.” The Law Teacher: The International Journal of Legal Education 36 (2002): 15–23. At two law schools in the Netherlands, students work in a virtual legal aid clinic. They use an interactive multimedia CD-ROM and a web-based client file to interact with attorneys, participate in office meetings, handle client files, plan case strategies, and attend court hearings. The authors observe that the course has reduced teacher workload, increased student motivation, and provided a needed resource for teaching advocacy skills in DL programs. 87. Richards, Bernadette. “Introducing the Internet to the Law School: Some Lessons from Adelaide.” International Review of Law, Computers & Technology 15 (2001): 369–79. This report explores the benefits and drawbacks of introducing the Internet into the curriculum at the Adelaide University School of Law. After discussing web sites, discussion forums, and online tutorials, Richards reports results of a survey of student acceptance and perception of the online learning program. She concludes that technology is an effective tool when properly integrated with traditional teaching, but cautions that successful integration requires structured preparation and training for students and faculty. An appendix sets forth the survey instrument. 88. Rumbles, Wayne. “Mixed Media Teaching of Law and Information Technology Down Under.” In ICOOL 2003, International Conference on Open and Online Learning, http://icool.uom.ac.mu/2003/papers/rumbles.php. This paper describes the integration of classroom and online learning at New Zealand’s University of Waikato School of Law. Students in the law and IT course used a web site to access lectures, notes, interactive discussions, a web site evaluation tutorial, and a research portal. The author describes course design and development, introduction of new teaching methods, pedagogic foundations, and student reactions. 89. Shaw, Lori. “Lori Shaw and the Search for the Golden Snitch: Using Class Websites to Capture the Teachable Moment.” Perspectives: Teaching Legal Research and Writing 11 (2003): 101–03. Shaw explains how she uses her course web site for course management and teaching outside of class time. Administrative uses include scheduling conferences and providing access to course materials. Academic uses include interviewing clients, posting collaborative exercises, and providing a threaded discussion list. 436 Law Library Journal [Vol. 100:3

90. Widdison, Robin. “Iolis Authoring in a Web Environment.” Journal of Information, Law and Technology, 2002, no. 2, http://www2.warwick.ac.uk/ fac/soc/law/elj/jilt/2002_2/widdison. Durham University’s Centre for Law and Computing developed a self-paced learning package to provide advanced legal research training. Eschewing traditional courseware authoring tools, Widdison created the Iolis-style web-based workbook with Macromedia’s Dreamweaver 4 and CourseBuilder. He describes the prototype’s development, content, and advantages and explains how he used feedback to revise and improve the web site.

Film and Television 91. Austin, Regina. “The Next ‘New Wave’: Law-Genre Documentaries, Lawyering in Support of the Creative Process, and Visual Legal Advocacy.” Fordham Intellectual Property, Media and Entertainment Law Journal 16 (2006): 809–67. Austin discusses ways in which the study of documentary films might be incorporated into scholarly writing and courses covering practical skills, the visual arts, and visual legal advocacy. She advocates addressing documentaries as critical legal texts, examining the context in which documentaries are produced and distributed, and teaching the production and critical reception of documentary or nonfiction films. 92. Bergman, Paul. “Teaching Evidence the ‘Reel’ Way.” Quinnipiac Law Review 21 (2003): 973–92. Bergman considers the advantages and pedagogy of using law-related television shows and films to teach problem solving in an evidence course. He offers suggestions for using this technique effectively and discusses examples relevant to specific evidentiary topics. 93. Elkins, James R. “Reading/Teaching Lawyer Films.” Vermont Law Review 28 (2004): 813–79. Describing his Lawyers and Film course, Elkins discusses the pedagogical role of film in helping law students develop professional skills and personal enrich- ment. Appendices set out the structural elements of the genre of lawyer films, questions raised about the pedagogy of lawyer films, and a working list of films for a jurisprudence film course. 94. Elkins, James R. “Popular Culture, Legal Films, and Legal Film Critics.” Loyola of Los Angeles Law Review 40 (2007): 745–90. In his Lawyers and Film course, Elkins uses a pedagogical approach to film criticism, which he describes here. This approach treats lawyer films as education- ally instructive texts and provides law students with strategies for challenging traditional views of lawyering. As he attempts to bridge the gap between teaching legal films and the conventions of legal film criticism and scholarship, Elkins argues that “we know far less about the effects of popular culture on law and lawyering than we would like to think we do” (p.747). 95. Golann, Dwight. “Using Video to Teach Negotiation and Mediation.” Dispute Resolution Magazine 13, no. 2 (2007): 8–11. (See entry no. 205.) 2008-22] Legal Education and Technology II 437

96. Hall, Timothy S. “Using Film as a Teaching Tool in a Mental Health Law Seminar.” Houston Journal of Health Law and Policy 5 (2005): 287–300. This essay explores the use of film to enhance coverage and stimulate discussion in a mental health law seminar. Hall discusses the pedagogical benefits of this approach, provides examples of its use, and offers options for assigning films as coursework. An appendix provides additional resources on film and mental health issues. 97. Hampton, Andre. “Legal Obstacles to Bringing the Twenty-First Century into the Law Classroom: Stop Being Creative, You May Already Be in Trouble.” Oklahoma City University Law Review 28 (2003): 223–49. Hampton examines the use of multimedia in the classroom. He first discusses pedagogical advantages, specifically referring to film and television clips that would be useful in teaching contracts. He then considers copyright problems created by the educational use of multimedia materials and the extent to which the right of publicity limits the use of a celebrity’s name or likeness. 98. Higdon, Michael J. “From Simon Cowell to Tim Gunn: What Reality Television Can Teach Us About How to Critique Our Students’ Work Effectively.” Perspectives: Teaching Legal Research and Writing 15 (2007): 169–73. This essay analogizes the critiquing techniques used on popular reality programs to the critiquing techniques used by legal writing professors. The author provides examples of specific critiques from American Idol and Project Runway, organized under four basic principles of effective student critique. He concludes that watch- ing the response of contestants to different critiquing approaches can help law faculty appreciate how to conduct a critique in a manner that inspires students. 99. Klein, Diane J. “Not Just a Study Break: Using Body Heat, Kanye West’s ‘Gold Digger,’ and South Park to Teach (and Examine!) Wills & Trusts, Family Law, and Property.” Law Teacher 14 (Fall 2006): 8–10. Klein explains how law faculty can use film, television, and music to engage students, stimulate learning, create challenging exam questions, and add interdisciplinarity to doctrinal courses. 100. Meyer, Philip N., and Stephen L. Cusick. “Using Non-Fiction Films as Visual Texts in the First-Year Criminal Law Course.” Vermont Law Review 28 (2004): 895–914. In this article, a teacher and student explore the effective use of visual texts in a criminal law course. They explain how documentary films enhance pedagogy by providing visual context for case law and doctrinal concepts, contributing visual problems and hypotheticals for analysis, and raising issues that casebooks often fail to address. 101. Pendo, Elizabeth. “Telling Stories About Health Insurance: Using New Films in the Classroom.” Houston Journal of Health Law and Policy 5 (2005): 269–85. Popular film can serve as an effective instructional tool in a health law class. Pendo’s essay provides a guide to using the movies John Q., The Rainmaker, and Critical Care to enhance coverage and stimulate discussion of legal and policy issues surrounding health insurance and access to care. 438 Law Library Journal [Vol. 100:3

Presentation Technology16

102. Burton, Kelley. “Interactive PowerPoints: Is There Any Point in Giving Power to Students?” eLaw Journal—Murdoch University Electronic Journal of Law 11, no. 4 (2004), http://www.murdoch.edu.au/elaw/issues/v11n4/burton114nf .html. This article describes the trial of an audience response system in a real property course at QUT. Students used a keypad to reply to questions or statements presented on PowerPoint slides. Burton explains how the system creates an interactive learning environment for content delivery and skills development. After considering student feedback and resources needed for this technology, he gives advice to professors contemplating its use. 103. Caputo, Angela. “Four Pointers to Effective Use of PowerPoint in Teaching.” Perspectives: Teaching Legal Research & Writing 10 (2002): 132–36. The author provides guidance for the effective use of PowerPoint in law teaching. Her practical advice is offered in four main “pointers”: (1) have a specific purpose; (2) consider atmosphere; (3) limit content; and (4) maintain context. 104. Clinch, Peter. “Lesson Materials and Teaching Aids.” In Teaching Legal Research. 2d ed. 61–74. Warwick: UK Centre for Legal Education, 2006. This book chapter, which discusses the design and use of lesson plans and teaching aids in legal research courses, includes a section on PT. It covers overhead transparencies, PowerPoint, data projectors, LCD panels, and videotapes. It also addresses advantages and disadvantages of PT, checklists for good design practice, room and equipment preparation, and consideration of students who have difficulty seeing or hearing. 105. Cockburn, Tina, and Anne Matthew. “Lecturing Law with PowerPoint: What is the Point?” eLaw Journal: Murdoch University Electronic Journal of Law 13, no. 1 (2006): 113–40, https://elaw.murdoch.edu.au/issues/2006/1/eLaw_ Cockburn_13_2006_07.pdf. This article reports the findings of a survey and case study conducted at Australia’s QUT on the impact of PT on student learning. The authors use their findings to offer advice to legal educators considering the use of PT and to suggest design principles and delivery techniques. They caution educators to subordinate the technology to teaching and learning goals, rather than allowing the technology to determine those goals, and to engage in an ongoing process of evaluation and reflection. 106. Galves, Fred. “Will Video Kill The Radio Star? Visual Learning and the Use of Display Technology in the Law School Classroom.” University of Illinois Journal of Law, Technology and Policy, 2004, 195–251. Galves examines the advantages of using computer-generated images and text to provide a visual supplement to classroom discussion. He responds to com-

16. As used in this article. “Presentation Technology” refers to the hardware and software used to integrate text, graphics, audio, and video into classroom presentations. PT includes Microsoft PowerPoint, Corel Presentations, document cameras, and interactive whiteboards. 2008-22] Legal Education and Technology II 439

mon criticisms of PT and offers suggestions for using it to its full potential. He observes that while technology will never replace law professors, those who do not use PT may be replaced by those who do. 107. Henriss-Anderssen, Diana. “Using Interactive Teaching Strategies in Large Lectures: Some Personal Reflections.” Legal Education Review 14, no. 2 (2004): 181–201. This article describes and evaluates interactive teaching strategies used in large lectures. The author focuses on the use of PT to engage students in the learning process, to improve comprehension, retention, and critical analysis, and to achieve learning objectives. She offers her personal reflections on her teaching experience and reports dramatic improvement in student performance. 108. Merritt, Deborah Jones. “Legal Education in the Age of Cognitive Science and Advanced Classroom Technology.” Boston University Journal of Science and Technology Law 14 (2008): 39–72. This article addresses the relationship between the reluctance of legal educators to adopt new classroom technologies and the gap in their understanding of cognitive processes. The author surveys recent research in cognitive science and applies these principles to PT. Using three principles of learning theory, she offers ten guidelines for improving PT in the law school classroom. She then examines how cognitive science and technology can interact to improve legal education. 109. Murley, Diane. “Making Presentations Visual.” Law Library Journal 99 (2007): 451–59. Murley discusses criticisms of PowerPoint, suggests solutions, and provides strategies for using PT more effectively. The article includes a list of sources that take a visual approach to presentations. 110. Murley, Diane. “Tools for Creating Video Tutorials.” Law Library Journal 99 (2007): 857–61. In this short piece, Murley evaluates and compares two software packages for creating video tutorials and presentations: Camtasia Studio 4 and Adobe Captivate 2. 111. Muttart, Daved M. “Power Point in Legal Education: Pedagogical Paradox— An Exploratory Study.” Osgoode Hall Law Journal 42 (2004): 303–16. The author conducted a study of the pedagogical effectiveness of PowerPoint at Osgoode Hall Law School in Canada. Some professors believed that PT increased participation; others felt that it discouraged preparation. Their course evaluations were unaffected by whether they employed PT in class. The study did not support student perceptions that PT enhanced learning; neither did it suggest that only engaged learners would benefit from PT. 112. Shafer, Melissa, Sheila Simon, and Susan P. Liemer. “Not Ready for PowerPoint? Rediscovering an Easier Tool.” Perspectives: Teaching Legal Research and Writing 11 (2003): 82–83. Even dedicated PowerPoint users occasionally find this technology too linear when group work and brainstorming require a more flexible approach. The 440 Law Library Journal [Vol. 100:3

authors describe how they solved this problem by using SMART Board technology in their legal writing classes to project documents, class contributions, student work, and in-class edits onto a screen for all to see. 113. Smith, Craig T. “Synergy and Synthesis: Teaming ‘Socratic Method’ with Computers and Data Projectors to Teach Synthesis.” Legal Writing: Journal of the Legal Writing Institute 7 (2001): 113–35. Smith challenges the perception that the Socratic method is incompatible with the teaching of synthesis in a legal writing course. He explains how computers and data projectors can be combined with Socratic dialogue to guide students through the complex process of synthesis. The resulting visual focus and context help students follow the dialogue while remaining responsible for finding and articulating answers. 114. Strutin, Ken. “PowerPoint Bibliography.” Law Teacher 10 (Fall 2002): 13. This is a bibliography of selected publications and web sites addressing the role of PowerPoint in legal education. Cited materials include course applications, pedagogical critiques, and guides for creating presentations.

Simulations and Games17

115. Barton, Karen, and Paul Maharg. “E-simulations in the Wild: Interdisciplinary Research, Design and Implementation.” In Games and Simulations in Online Learning: Research and Development Frameworks, edited by Clark Aldrich, David Gibson, and Mark Prensky, 116–43. Hershey, Pa.: Idea Group Inc., 2006. In this book chapter, Barton and Maharg examine the research into scientific discovery learning in medicine and science and describe the parallels between this research and their e-simulation environment at GGSL. They argue that the pedagogical effectiveness of e-simulations in law schools depends on the design of learning outcomes, the type of simulation field, and the organization of communities of practice. 116. Barton, Karen, Patricia McKellar, and Paul Maharg. “Authentic Fictions: Simulation, Professionalism and Legal Learning.” Clinical Law Review 14 (2007): 143–93. This article explores simulations as authentic learning activities that correspond to the world of law practice. The authors describe the SIMulated Professional Learning Environment (SIMPLE), an open-source, open-standards transactional learning environment currently under evaluation at GGSL. They argue that such projects are essential to legal education and discuss future developments that will

17. Simulations are indirect, vicarious experiences that attempt to recreate live-client situations by the technique of role-playing. Ge r a l d F. He ss a n d St e v e n Fr i e d l a n d , Te c h n i q u e s f o r Te a c h i n g La w 193 (1999). In legal education, a computer simulation is a digital environment representing aspects of a legal reality in which a user can create and manipulate data to learn legal concepts, procedures, and values. Although similar, games involve a competitive component and may require several students to participate. Michael A. Geist, Where Can You Go Today? The Computerization of Legal Education from Workbooks to the Web, 11 Ha r v . J.L. & Te c h . 141, 151 (1997). 2008-22] Legal Education and Technology II 441

enhance the authenticity of simulation. An appendix outlines the phases, outputs, and outcomes of the SIMPLE Project. 117. Kaneko, Daisuke, and Ikuo Sugawara. “Classroom Practice by Using Tools for Legal Skills Education.” In Proceedings of World Conference on E-Learning in Corporate, Government, Healthcare, and Higher Education 2005, edited by G. Richards, 1658–65. Chesapeake, Va.: AACE, 2005. STream Indexing and Commenting System (STICS) is a software system that allows professors to attach written comments to steaming video for students to review. This conference paper explains how the authors used STICS in role play exercises at Nagoya University’s Graduate School of Law in Japan. They conclude that STICS supports the use of simulation as a teaching method because it offers an individualized learning environment and facilitates reflection and analysis. 118. Kaneko, Daisuke, Ikuo Sugawara, and Ayumu Arakawa. “Class Design Using STICS for Professional Skills Training in Legal Education.” In Proceedings of World Conference on Educational Multimedia, Hypermedia and Telecommunications 2007, edited by C. Montgomerie and J. Seale, 2259–64. Chesapeake, Va.: AACE, 2007. This conference paper updates an earlier case study (see entry no. 117) on the use of STICS to facilitate reflection and analysis in law school simulation exercises in Japan. The authors discuss improvements to the system and explain their strategies for overcoming student reluctance to share their comments on the video clips. They also describe class design and discuss the effects of STICS based on the results of questionnaires and comments. They conclude that sharing comments within STICS’s collaborative learning environment is an important aspect of learning professional legal skills. 119. Le Brun, Marlene. “Gaming Contract Law: Creating Pleasurable Ways to Learn the Law of Contract.” eLaw Journal—Murdoch University Electronic Journal of Law 10 (March 2003), http://www.murdoch.edu.au/elaw/issues/ v10n1/lebrun101nf.html. Adventures in Contract Law is a web-based CD-ROM game package developed for law students at City University in Hong Kong. Le Brun describes the educational goals and learning outcomes of the CD-ROM, explains how the games are played, and suggests how legal educators can use online games to enliven their teaching. Screenshots are included. 120. Le Brun, M. J., Tess Li, and Paul Lam. “Prospecting for Prospective Law Students with The Gold Rush: Mining the Law Online Game: Preliminary Survey Findings about Learning Outcomes and Student Motivation.” In Proceedings of World Conference on Educational Multimedia, Hypermedia and Telecommunications 2006, edited by E. Pearson and P. Bohman, 166–77. Chesapeake, Va.: AACE , 2006. The Chinese University of Hong Kong Law School admitted its first LL.B. class in 2006. As part of an initiative to recruit applicants, a team from the law school and IT services developed an online game called The Gold Rush: Mining the Law. 442 Law Library Journal [Vol. 100:3

This conference paper describes the game’s design, features, and electronic scor- ing. The authors also discuss the game’s learning outcomes, participation and motivation, survey results, and lessons learned. An edited version of the online survey is included. 121. Maharg, Paul. “Authenticity in Learning: Transactional Learning in Virtual Communities.” In Innovating e-Learning Practice, The Proceedings of Theme 3 of the JISC Online Conference: Innovating e-Learning 61–79, 2006, http://www.jisc.ac.uk/media/documents/programmes/elearning_pedagogy/ ebook_theme3_a5.pdf. Maharg explores the theme of authenticity in electronic experiential learning. He describes the VLE at GGSL and explains how it enables students to practice simulated transactions that correspond to the world of law practice. 122. Maharg, Paul, and Martin Owen. “Simulations, Learning and the Metaverse: Changing Cultures in Legal Education.” Journal of Information, Law, and Technology, 2007, no. 1, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/ 2007_1/maharg_owen. At GGSL, the virtual town of Ardcalloch is the backdrop for TLE 2.0SIMPLE, a project to develop an open-source application that places legal learning within authentic professional environments. The authors chart the progress of TLE 2.0SIMPLE and situate it within the wider discipline of simulation learning. They also describe its context, ambitions, and challenges and argue that such projects are critical for the future of legal education. An appendix sets out project phases, outputs, and outcomes. 123. Schiavetta, Susan. “Computer Games Technology and Legal Education and Its Impact on Legal Systems.” 16th BILETA Annual Conference, April 2001, Edinburgh, Scotland, http://www.bileta.ac.uk/pages/Conference%20Papers .aspx. This paper examines the role of computer games technology in legal education and its potential for modernizing legal systems. Schiavetta posits that games enhance learning, which in turn produces more advanced legal practitioners and, eventually, improved law-making processes. An appendix lists computer games programs in use at the time the paper was written.

Tutorials (CAI or CAL)18

124. Falconer, Lynette, and Yvonne Wilcox. “Teach Yourself Legal Research: An Online Tutorial.” Australian Library and Information Association Conference, 2003, http://conferences.alia.org.au/shllc2003/papers/020.pdf. Teach Yourself Legal Research is an online interactive tutorial for non-law students at the University of New South Wales who are studying legal subjects as

18. As used in this section, “tutorials” include computerized drill-and-practice exercises, programmed instruction, and multibranched lessons that emulate Socratic dialogue. See Margaret M. Hazen and Thomas Lee Hazen, Simulation of Legal Analysis and Instruction on the Computer, 59 In d . L.J. 195, 200 (1983-84). These programs are referred to in the literature as computer-assisted instruction (CAI) or computer-assisted learning (CAL). 2008-22] Legal Education and Technology II 443

part of a program in another discipline. This paper describes the genesis of the tutorial project and analyzes its content. Law faculty and academic law librarians who are contemplating designing similar tutorials will find this article useful. 125. Goldin, Ilya M., Kevin D. Ashley, Rosa L. Pinkus. “Introducing PETE: Computer Support for Teaching Ethics.” In Proceedings of the Eighth International Conference on Artificial Intelligence and Law (ICAIL 2001) 94–98. St. Louis, Mo.: ACM Press, 2001, available at http://www.pitt .edu/~goldin/pete-icail-cr.pdf. PETE (Professional Ethics Tutoring Environment) is a web-based tutoring program that uses a case-based approach to teach professional ethics. This paper describes and illustrates how students use PETE to prepare cases for class discussion, practice methods of moral reasoning, and compare their work with peer responses. After explaining how PETE could be enhanced by AI techniques, the authors discuss how to evaluate the program’s effectiveness. 126. Levy, James B. “Escape to Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research.” New York Law School Law Review 44 (2001): 387–427. The pedagogical principles underlying prerecorded, self-guided museum tours, such as that used in the cellhouse tour on Alcatraz Island, can be applied to teach students how to use the law library. Discussing the limitations of bibliographic and process-oriented research exercises, Levy suggests that prerecorded tours combine the best aspects of both methods to make research instruction more interesting, encourage active learning, and help students develop better research skills. 127. Richards, Bernadette. “Alice Comes to Law School: The Internet as a Teaching Tool.” Legal Education Review 14 (2003–2004): 115–38. The Adelaide Law School Intranet for Collaborative Education (ALICE) is an online tutorial system focusing on participation and collaboration. Richards discusses its development and implementation and examines student survey responses revealing resistance to Internet-based teaching. Concluding that comments reflected students’ lack of understanding of the program, she suggests teaching them about its goals and benefits. A postscript introduces a revised program that integrates ALICE into the Blackboard platform. 128. Schafer, Burkhard. “Legal Transplants and Legal Downloads.” International Review of Law, Computers and Technology, 15, no. 3 (2001): 301–15. Schafer evaluated and compared online law tutorials in Germany and Scotland. His goal was to investigate whether online teaching methods developed in one jurisdiction can be successfully exported to a law school in a different jurisdiction without interacting with the doctrinal law of the host jurisdiction. He reports that German online teaching methods worked well in Scottish law schools when differences between jurisdictions were at their greatest but failed when the two systems were most similar. Schafer observes that the interdependence of legal education and doctrinal law poses difficulties for global legal education delivered entirely over the Internet. 444 Law Library Journal [Vol. 100:3

129. Schafer, Burkhard. “Form and Substance in Online Legal Education—A Look Over the Border.” The Law Teacher: The International Journal of Legal Education 36 (2002): 333–46. Schafer compares three CAI tools used to teach law: IOLIS, used in the UK, and LernsystemPro and LIMBO, used in Germany. To assess cross-border transferability, he analyzes each tool in its own cultural, educational, and historical context. His comparison highlights the differences in civil and common law jurisdictions and in the legal education cultures of both countries. He concludes by applying a comparative law approach to evaluate the three CAI systems. 130. Simmonds, Tony. “Don’t Students Learn Anything about Research on the LPC? Developing a Multimedia Research Tutorial at the College of Law.” Legal Information Management 6 (2006): 256–59. In 2004, the College of Law in England replaced all face-to-face lectures in the Legal Practice Course with interactive multimedia tutorials. These i-Tutorials combine a video presentation with learning materials, resources, and images. Simmonds reviews the development of e-learning at the College of Law and describes the i-Tutorial software’s design process and key features. He also highlights the pedagogical advantages of i-Tutorials, reports student feedback, and discusses future development. 131. Smith, Nicki McLaurin, and Prue Presser. “Educating the MTV Generation: Legal Information Skills Online.” Legal Information Management 4 (2004): 37–43. This article describes the development, delivery, and evaluation of the Legal Information Skills Tutorial (LIST), a self-paced web tutorial developed at the University of Melbourne Law School to teach legal research skills to first-year LL.B students. LIST uses movies, textual guides, simulated searches, and quizzes in a series of interactive modules. The authors describe the development and delivery of the tutorials and evaluate LIST’s successes and shortcomings. 132. Smith, Nicki McLaurin, and Prue Presser. “Embed with the Faculty: Legal Information Skills Online.” Journal of Academic Librarianship 31, no. 3 (2005): 247–62. At the University of Melbourne Law School, LIST is an online multimedia self-paced program used to embed information skills in the legal research and writing course. Updating an earlier study (see entry no. 131), the authors report the results of formative and summative evaluation, explain the objectives of their evaluation strategy, and describe areas for improvement. They attribute LIST’s success to its interactivity and integration with course content and to collaboration between librarians, law faculty, educational designers, and language and learning skills professionals. Screen captures are included, and appendices reproduce the observation form and quiz questions.

Miscellaneous Instructional Technologies

133. Beckerman-Rodau, Andrew. “The Novice’s Guide to Teaching with Technology.” Law Teacher 13 (Spring 2006): 3–5. 2008-22] Legal Education and Technology II 445

The author discusses pedagogical reasons for incorporating technology into law teaching and suggests ways for novices to use technology. Topics include e-mail, discussion boards, PT, audio files, and course management software. 134. Davidson, Alan. “Electronic Legal Education.” Journal of Commonwealth Legal Education 2, no. 1 (2004): 15–30. Davidson chronicles his experiences over a decade of legal education and describes some approaches and learning theories available to law professors. He discusses course web pages and electronic course materials, e-books, presentation software, video-streaming, and Microsoft Agent technology. An extensive bibliography is included. 135. Hoorn, Esther, and Dore van Hoorn. “Critical Assessment of Using Wikis in Legal Education.” Journal of Information, Law and Technology, 2007, no. 1, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2007_1/hoorn. The authors evaluate the use of a wiki environment in legal education and describe its application in a cybercrime course in the Netherlands. They demonstrate that wikis enable students to use advanced CT to collaborate in the processes of learning and reflecting on the use of legal resources. They conclude that innovative use of wikis requires pedagogic insight into educational design and best practices. 136. Muntjewerff, Antoinette J., and Dorien J. DeTombe. “A Generic Environment for Integrating Streaming Video in Legal Education e-See.” In ED-Media 2004: World Conference on Educational Multimedia, Hypermedia & Telecommunications 527–32. Charlottesville, Va.: AACE, 2004, http://www .lri.jur.uva.nl/~munt/EdMedia2004Muntjewerff-DeTombe.pdf. e-See (Embedded Streaming Video for Legal Problem Solving) is a web-based instructional environment developed within the HYPATIA research program (see entries no. 43 and 44). Its purpose is to train law students to extract and describe relevant facts as part of legal problem solving. e-See integrates streaming video from a Dutch television program, The Mobile Judge, to provide students with the real life situations they would encounter in law practice. The authors describe e-See’s design and interface and their plans for future research. 137. Murley, Diane. “Mind Mapping Complex Information.” Law Library Journal 99 (2007): 179–83. Mind mapping is a technique for visually organizing and working with complex information. Murley explains how law librarians can use mind mapping in their teaching and other activities and discusses the benefits of mind-mapping software. An appendix reproduces the mind map used by the author when writing this article. 138. Murley, Diane. “Podcasts and Podcasting for Law Librarians.” Law Library Journal 99 (2007): 675–80. (See entry no. 424.) 139. Sellers, Christine L. “Are you Podcasting? Current Uses of Podcasts in Law Libraries.” AALL Spectrum 11 (May 2007): 10–11, 14. Sellers reviews the ways in which law libraries are using podcast technology. Examples include class lectures, supplemental class materials, graded assignments, legal research guides, recordings of special events or lectures, and public podcasts for alumni. 446 Law Library Journal [Vol. 100:3

140. Thomson, David I. C. “CaseMap as a Tool for the Research Log Function: Finally, a Technology that Can Help us Teach Better.” University of Denver Legal Studies Research Paper No. 07–35, 2007, http://ssrn.com/ abstract=996739. (See entry no. 250.)

Curriculum Clinical Legal Education 141. Ansley, Fran, and Cathy Cochran. “Going On-Line with Justice Pedagogy: Four Ways of Looking at a Website.” Villanova Law Review 50 (2005): 875–904. The authors created a web-based representation of a pedagogical method used in Ansley’s service learning offering at the University of Tennessee Law School. They present the project from four perspectives: as a web-based teaching portfo- lio; as a teaching tool; as an example of collaboration between a law librarian and a law professor; and as a chronicle of the design and construction of a web site. 142. Barry, Margaret Martin, Jon C. Dubin, and Peter A. Joy. “Clinical Education for This Millennium: The Third Wave.” Clinical Law Review 7 (2000): 1–75. In part III of this article tracing the development of clinical legal education in the United States, the authors examine the effect of technological advances on clinical programs. They address opportunities for expanding externship offerings and improving simulated skills instruction, the need to keep pace with law practice technology, and the difficulties of adapting clinical methodology to a digital environment. 143. Bastress, Robert M., and Joseph D. Harbaugh. “Taking the Lawyer’s Craft into Virtual Space: Computer-Mediated Interviewing, Counseling, and Negotiating.” Clinical Law Review 10 (2003): 115–56. (See entry no. 185.) 144. Diamond, Randy. “Advancing Public Interest Practitioner Research Skills in Legal Education.” North Carolina Journal of Law and Technology 7 (2005): 67–140. This article advocates collaboration between clinical faculty and law librarians to integrate practitioner research skills into the clinical curriculum. Diamond discusses the complexity of the online practitioner research environment and methods of advanced legal research instruction that meet clinical teaching objectives. Appendices provide teaching materials and a sample instruction module for clinics. 145. Foley, Tony. “Developing Electronic Discussion-Based Learning in Clinical Legal Education.” Newcastle Law Review 6 (2002): 39–49. Foley evaluates the value of asynchronous electronic discussions in facilitat- ing reflective learning. During trials in a commercial practice unit at Australian National University, skills exercises were added to prepare students for their online discussions and to assess participation. The author concludes that these revised learning strategies produced deeper and more complex discussions than occur in face-to-face tutorials, perhaps because online discussions permit more time for reflection. 2008-22] Legal Education and Technology II 447

146. Giddings, Jeff, and Barbara Hook. “The Tyranny of Distance: Clinical Legal Education in ‘The Bush,’” International Journal of Clinical Legal Education 2 (2002): 64–84. At Australia’s Griffith Law School, the advanced family law clinic uses audio- graphics conferencing technology to deliver legal services to remote areas of southern Queensland. Students and clients have joint computer screen access to documents that can be drafted and viewed during a telephone conference. The authors discuss the advantages and disadvantages of the conferencing technology to both students and clients alike. 147. Hyams, Ross. “Clinical Legal Education Management and Assessment Software.” International Journal of Clinical Legal Education 6 (2004): 177–98. Arguing that law clinics must keep abreast of technology developments in order to prepare students for law practice, Hyams proposes a software system that offers integrated case and document management, legal research, student assessment and progress monitoring, remote accessibility, and security. Appendices report survey results from five Australian universities on the usefulness of case management software. 148. Jones, Yolanda P. “Just the Facts Ma’am? A Contextual Approach to the Legal Information Use Environment.” In Proceedings of the 6th ACM Conference on Designing Interactive Systems, 357–59. New York: ACM Press, 2006. Jones reports on her qualitative study of the information-seeking conduct of clinical law students. She observed heavy reliance on electronic research, informal information sources, collaboration, and knowledge management activities. She suggests that librarians and system designers can use this information to improve legal information systems, services, and instruction. 149. Ogilvy, J. P., with Karen Czapanskiy. “Clinical Legal Education: An Annotated Bibliography (Third Edition).” Clinical Law Review 12, spec. issue no. 2 (2005): 1–412. This is an annotated bibliography of legal scholarship relating to clinical legal education. It includes materials dealing with the use of technology in law school clinics.

Doctrinal Courses

150. Atwood, Barbara, Graciela Jasa Silveira, Nicole LaViolette, and Tom Oldham. “Crossing Borders in the Classroom: A Comparative Law Experiment in Family Law.” Journal of Legal Education 55 (2005): 542–59. This article recounts an experimental cross-border family law module offered at nine law schools in Canada, Mexico, and the United States. The authors describe the project and its use of teaching technologies, including file sharing, videoconferencing, and web sites. After discussing the practical problems encountered, such as real-time oral translation during video conferences, they explore the benefits, challenges, and pedagogical value of cross-border teaching. 448 Law Library Journal [Vol. 100:3

151. Barnaby, Suzette. “Legal Ethics for the Real World: A Model for Engaging First Year Law Students.” Queensland University of Technology Law and Justice Journal 4, no. 2 (2004): 1–26. Barnaby describes a model for using an online teaching site to incorporate legal ethics into the first-year curriculum. She summarizes a five-step design process that considers student needs, course goals, pedagogical principals, delivery mode, and practice-based design. She also outlines suggested content and format for interactivity, noting that a pilot program based on this outline is being developed at QUT Faculty of Law. 152. Bergman, Paul. “Teaching Evidence the ‘Reel’ Way.” Quinnipiac Law Review 21 (2003): 973–92. (See entry no. 92.) 153. Buchanan, Ruth, and Sundhya Pahuja. “Using the Web to Facilitate Active Learning: A Trans-Pacific Seminar on Globalization and the Law.”Journal of Legal Education 53 (2003): 578–93. Globalization and the Law is an Internet-enhanced seminar taught simultaneously at Melbourne University in Australia and the University of British Columbia in Canada. This article describes course design, which included readings, in-person meetings, a video linkup for classes, a web-based discussion forum, administrative tools, resources, and contacts. The authors evaluate the program, discuss proposals for change, and reflect on lessons learned from collaborative teaching. 154. Butler, Des. “The Merlin Affair: Using Multi-Media in the Teaching and Learning of Law.” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http:// www.alta.edu.au/pdf/conference/published_papers/butler_d_2006_alta_ conference_paper_merlin_affair.pdf. The Merlin Affair is a series of multimedia modules designed for the media law course at QUT Faculty of Law. The program treats each media law topic with a separate chapter in a story about a corrupt government minister, using multimedia resources such as mock television programs, newspapers, journalists’ notes, parliamentary reports, and voice mail. Butler describes the program and its pedagogy, comparing its problem-based learning approach to a clinical experience. Finally, he reviews survey results demonstrating its success. 155. Butler, Jennifer, and Kristy Richardson. “Teaching Taxation Law: Rethinking Aids for Delivery.” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http:// www.alta.edu.au/pdf/conference/published_papers/butler_j_richardson_ k_2006_alta_conference_paper_teaching_taxation_law.pdf. In the taxation law course at Central Queensland University, accounting students were introduced to information literacy and online tax resources via an interactive CD-ROM tutorial. This conference paper examines the results of two surveys of student reactions to the CD-ROM. The authors stop short of recom- mending that the CD-ROM be discontinued, concluding instead that evaluation and improvement of instructional aids is an ongoing process. 2008-22] Legal Education and Technology II 449

156. Carver, Tracey, and Tina Cockburn. “Making Trusts More Accessible: An Interactive Learning Programme.” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http://www.alta.edu.au/pdf/conference/published_papers/ cockburn_t_carver_t_2006_altal_conference_paper_making_trusts_more_ accessible.pdf. At QUT, the trusts law course has integrated the learning styles of Generation Y and Millennial students into an interactive online teaching and learning strategy. This conference paper examines those learning styles, describes the use of online tutorials and quizzes, and documents the impact on student learning. The authors report that the online environment enhanced the learning experience and improved comprehension of difficult concepts. They also address practical considerations for implementing such initiatives in the future. 157. Corbin, Lillian. “Learning in Cyberspace: Succession Law Online.” eLaw Journal—Murdoch University Electronic Journal of Law 11, no. 1 (March 2004), http://www.murdoch.edu.au/elaw/issues/v11n1/corbin111nf.html. Corbin recounts her experience teaching Succession Law online at Griffith Law School in Australia. After explaining her choice of a pedagogy aligned with constructivist theory, she describes course design, teacher and student roles, communication methods, and assessment. Concluding, she discusses data from qualitative course evaluations and lessons learned. 158. Datt, Kalmen Hyman. “Reflections on Teaching a First Year Law Course Delivered in Distance Mode from an Assessment Perspective.” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http://www.alta.edu.au/pdf/conference/ published_papers/datt_k_2006_alta_conference_paper_reflections_on_ teaching_a_first_year_law_course.pdf. (See entry no. 266.) 159. Davies, Jackie, and Cathie Jackson. “Information Literacy in the Law Curriculum: Experiences from Cardiff.” The Law Teacher: The International Journal of Legal Education 39 (2005): 150–60. At Cardiff Law School, the concept of information literacy provided the frame- work for restructuring a legal foundations course to embed IT and skills training in the doctrinal curriculum. This article describes the evolution, pedagogy, and content of the course as a collaboration between instructor, law librarian, and IT specialist. 160. England, Philippa. “Like it or Loathe it: Flexible Delivery of Unincorporated Associations and Trusts at Griffith University.” Journal of Information, Law and Technology, 2002, no. 3, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/ 2002_3/england. In 2000, Griffith Law School offered unincorporated associations and trusts in flexible delivery mode. The author describes the use of ICT and instructional technology in the course and explains changes made in 2002 to accommodate negative student feedback. She reports that once these changes were made, flex- 450 Law Library Journal [Vol. 100:3

ible delivery proved to be more effective than the traditional combination of lectures and tutorials had been. 161. England, Philippa. “A Five Year Review of Unincorporated Associations and Trusts in Flexible Delivery Mode: A High Speed Journey to Somewhere. . . .” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http://www.alta.edu.au/pdf/ conference/published_papers/england_p_2006_alta_conference_paper_a_ five_year_review.pdf. England describes innovations and student feedback on the use of DL to teach unincorporated associations and trusts at Griffith Law School. Updating her earlier report (see entry no. 160), she discusses three findings. First, despite increasing use of CT, personal communication remains important. Second, assessment is a critical tool for inspiring students to become self-directed learners. Finally, even minor changes to an assessment system can significantly affect final grades. She concludes that DL requires combining technological change with sound pedagogy. 162. Fletcher, Stuart, Mark A. Nolan, and Simon Bronitt. “CrimPro: Teaching Criminal Procedure Using a Video Recorded Dramatised Case Study, Interviews and WebCT.” In Beyond the Comfort Zone: Proceedings of the 21st ASCILITE Conference 314–18, Perth, December 2002, edited by R. Atkinson, C. McBeath, D. Jonas-Dwyer, and R. Phillips, http://www.ascilite .org.au/conferences/perth04/procs/fletcher-s.html. CrimPro is an online self-learning module on criminal procedure, designed and taught in the LL.B. program at Australian National University. The module con- sists of WebCT primary and secondary materials, a DVD with video recordings, and tutorials. The authors discuss project objectives, describe course content, and review results of an evaluative survey. They conclude that student users should receive appropriate support through scaffolding. 163. Hall, Timothy S. “Using Film as a Teaching Tool in a Mental Health Law Seminar.” Houston Journal of Health Law and Policy 5 (2005): 287–300. (See entry no. 96.) 164. Hermida, Julian. “Teaching Criminal Law in a Visually and Technology Oriented Culture: A Visual Pedagogy Approach.” Legal Education Review 16 (2006): 153–63. Arguing that legal education should adapt to the realities of a visually oriented and technology-driven society, Hermida recounts his experience using audiovisual media to teach criminal law at Dalhousie University in Canada. The author first discusses the conflict between a print-based teaching philosophy in Canadian legal education and the audiovisual culture in which students are immersed. He describes his own teaching methodologies, which include analysis of video scenes from popular television shows and films. He also explains how his students develop media literacy by researching and producing their own videos on criminal law topics. 2008-22] Legal Education and Technology II 451

165. Herzberg, Abe, Phillip Lipton, and Deborah Jones. “Pathways to a Constructivist Approach to Teaching and Learning Corporate Law.” In E-learning in the University: Some Constructionist Perspectives, edited by Gayle Morris and Gloria Latham, 1–11. Melbourne: RMIT University Press, 2005. (See entry no. 61.) 166. Hotchkiss, Carolyn. “Website Creation as an Active Learning Strategy in Business Law Classes.” Journal of Legal Studies Education 20 (2002): 235–47. Hotchkiss explains how technology was incorporated into an undergraduate course, International Law for Business. Working in groups to research and analyze a problem, students presented their project results on a web site they had created; these web postings in turn became reading assignments for other groups. Hotchkiss reports that the project actively engaged students in learning and improved their analytical, collaborative, and communication skills. Appendices detail the problems used. 167. Janda, Richard. “Teaching, Art and Technology.” International Journal of Technologies in Higher Education 1, no. 1 (2004): 33–37. (See entry no. 324.) 168. King, Nancy J., and Gail A. Lasprogata. “What’s in a Domain Name? Online Simulation and Virtual Dispute Resolution Experience for Business Law Students.” Journal of Legal Studies Education 20 (2002): 159–201. Students in business law classes at two universities engaged in a mock arbitration exercise. The simulation was conducted entirely online, using Microsoft NetMeeting and WebCT. The authors discuss the advantages and logistics of the technology, describe the logistics of the simulation, and assess the learning and teaching experience. They conclude that online arbitration is an effective means of exposing students to the evolution of technology law and to ODR. 169. Le Brun, M. J., with T. Ryan, P. Weyand, L. Scull. “Producing Multi-media Teaching/Learning Materials for Teaching Legal Ethics and Professional Responsibility in Australian Law Schools: And the Lesson is . . . Soldier On.” Legal Education Review 12 (2001): 157–73. (See entry no. 64.) 170. Le Brun, M. J. “On Becoming a Techie: Making Technology Work for Law.” Syracuse Law Review 52 (2002): 1103–31. (See entry no. 65.) 171. Martin, Peter W. “Cornell’s Experience Running Online Inter-school Law Courses—An FAQ.” The Law Teacher: The International Journal of Legal Education 39 (2005): 70–81. (See entry no. 286.) 172. McLaren, John. “Internet Teaching in Reparations Law: The OZCAN Model.” Windsor Yearbook of Access to Justice 22 (2003): 201–11. (See entry no. 281.) 452 Law Library Journal [Vol. 100:3

173. Méndez, Miguel A. “Teaching Evidence: Using Casebooks, Problems, Transcripts, Simulations, Video Clips and Interactive DVDs.” Saint Louis University Law Journal 50 (2006): 1133–46. In this article discussing models for teaching evidence, the author examines the use of video clips of direct and cross-examination exercises, videotaped critiques of student simulations, and interactive DVDs to teach the problem approach. 174. Meyer, Philip N., and Stephen L. Cusick. “Using Non-Fiction Films as Visual Texts in the First-Year Criminal Law Course.” Vermont Law Review 28 (2004): 895–914. (See entry no. 100.) 175. Oliphant, Robert E. “Using ‘Hi-Tech’ Tools in a Traditional Classroom Environment—A Two Semester Experiment.” Richmond Journal of Law and Technology 9 (2002–2003), http://law.richmond.edu/jolt/v9i5/Article5.html. This article reports on an experiment in which four faculty members volun- teered to teach a high-technology section of first-year law students at William Mitchell College of Law. Oliphant addresses selection of a learning theory; use of high-tech classrooms, Blackboard course sites, ICT, and presentation software; and issues presented by note taking, quizzes, and classroom distractions. He concludes that the experiment made the classroom more dynamic and more conducive to learning. 176. Pendo, Elizabeth. “Telling Stories About Health Insurance: Using New Films in the Classroom.” Houston Journal of Health Law and Policy 5 (2005): 269–85. (See entry no. 101.) 177. Poustie, Mark R. “Engaging Students and Enhancing Skills: Lessons from the Development of a Web-Supported International Environmental Law Conference Simulation.” International Review of Law, Computers and Technology 15 (2001): 331–44. The University of Strathclyde Law School restructured a traditional domestic environmental law course to add two components: EU environmental law and a web supported simulation of an international environmental law conference. The author describes and evaluates the web-support aspects of the pilot course, concluding that the document server and e-mail facility facilitated asynchronous learning and provided ready access to documents. He also outlines plans to devote a full semester to the simulation and explains how it can be adapted to other law courses. 178. Schafer, Burkhard, and Jeroen Keppens. “Legal LEGO: Model Based Computer Assisted Teaching in Evidence Courses.” Journal of Information, Law and Technology, 2007, no. 1, http://www2.warwick.ac.uk/fac/soc/law/ elj/jilt/2007_1/schafer_keppens. (See entry no. 26.) 179. Smith, Charlene L. “Distance Education: A Value-Added Model.” Albany Law Journal of Science and Technology 12 (2001): 177–89. (See entry no. 303.) 2008-22] Legal Education and Technology II 453

180. Winer, Laura R. “Computer-Enhanced Collaborative Drafting in Legal Education.” Journal of Legal Education 52 (2002): 278–86. Winer’s report summarizes the pilot year of a research program examining computer-enhanced collaborative learning in various disciplines. Here, she focuses on a business law course in which students at McGill University Faculty of Law used WebCT to draft partnership agreements, incorporate their client, and respond to a takeover attempt. Concluding that WebCT did not adequately support collaborative drafting, she recommends software that supports communication and document exchange. Future reports will address workload reduction, the role of technology in the learning process, and student assessment. 181. Zariski, Archie. “Teaching Legal Ethics Online: Pervasive or Evasive.” Legal Education Review 12 (2001): 131–55. Zariski describes how he uses an online environment and a pervasive approach to teach legal ethics at Murdoch University School of Law. His article includes examples of online discussions, accompanied by his own observations about the benefits of this method.

Skills Courses and Programs

182. Adelman, Elizabeth G. “CALI Lessons in Legal Research: Alternatives to Reading About Research.” Perspectives: Teaching Legal Research and Writing 15 (2006): 25–30. After CALI lessons were integrated into the legal research curriculum at Georgia State University College of Law, student and faculty feedback was overwhelm- ingly positive. Of the students surveyed, 94% observed that CALI lessons had given them a deeper understanding of the material. Professors reported that students who completed the CALI lessons tended to ask more insightful questions in class and to score higher on exams. 183. Arndt, Don. “The Benefit of Hands-on Exercises for Initial Lexis & Westlaw Training.” Perspectives: Teaching Legal Research and Writing 12 (2003): 19–23. Arndt describes how he taught CALR in small groups, using hands-on, self-paced exercises. Although this method required a great deal of instructor involvement and intervention, it also stimulated student interest and encouraged active learning. Sample exercises are included. 184. Barnett, Daniel. “Form Ever Follows Function: Using Technology to Improve Feedback on Student Writing in Law School.” Valparaiso University Law Review 42 (2008): 755–95. Barnett writes to encourage law faculty to use electronic feedback when reviewing student writing. To this end, he compares various commenting methods, including embedding voice comments and using digital voice recorders. He also explores considerations influencing the form of feedback and explains how these considerations persuaded him to experiment with technology in his first-year legal writing course. To help ease the transition to electronic critique, Barnett closes with a guide to current electronic commenting technology. 454 Law Library Journal [Vol. 100:3

185. Bastress, Robert M., and Joseph D. Harbaugh. “Taking the Lawyer’s Craft into Virtual Space: Computer-Mediated Interviewing, Counseling, and Negotiating.” Clinical Law Review 10 (2003): 115–56. Bellow and Moulton’s The Lawyering Process19 underscored the need for law students and lawyers to engage in cross-disciplinary study and self-analysis and to remain vigilant of emerging ethical issues. Bastress and Harbaugh apply this approach in their article, which examines the use of computer-mediated communication (CMC) in legal interviewing, counseling, and negotiating. They analyze traditional legal resources and emerging research in other disciplines, apply that research to the lawyering skills context, and assess the skills involved in the use of CMC in that context. 186. Blevins, Timothy D. “Using Technology to Fill the Gap: Neither Paper nor Live Clients.” Perspectives: Teaching Legal Research and Writing 12 (2004): 171–73. Blevins used technology to introduce reality into the writing of an interoffice memorandum. To obtain facts, students watched a videotaped and digitized client interview that had been uploaded to the legal writing program’s web site. The author describes the benefits of the experiment, the creative and technical process, and the method of integrating the videotape into the assignment. He outlines plans to work with theater students and campus IT and video production personnel to improve the quality and accessibility of the files. 187. Boyle, Robin A. “Employing Active-Learning Techniques and Metacognition in Law School: Shifting Energy from Professor to Student.” University of Detroit Mercy Law Review 81 (2003): 1–30. (See entry no. 313.) 188. Callister, Paul D. “Beyond Training: Law Librarianship’s Quest for the Pedagogy of Legal Research Education.” Law Library Journal 95 (2003): 7–45. (See entry no. 384.) 189. Clinch, Peter. “Lesson Materials and Teaching Aids.” In Teaching Legal Research. 2d ed. 61–74. Warwick: UK Centre for Legal Education, 2006, http://www.ukcle.ac.uk/resources/tlr. (See entry no. 104.) 190. Clinch, Peter. “Using the Virtual Learning Environment.” In Teaching Legal Research. 2d ed. 75–103. Warwick: UK Centre for Legal Education, 2006, http://www.ukcle.ac.uk/resources/tlr. (See entry no. 55.) 191. Cobb, Tom. “Public Interest Research, Collaboration, and the Promise of Wikis.” Perspectives: Teaching Legal Research and Writing 16 (2007): 1, 3–11. (See entry no. 11.) 192. Cockburn, Tina, and Tracy Carver. “Online Skill Development for Generation Y Students: A Case Study of an Online Negotiation Model for External Law

19. Ga r y Be ll o w & Be a Mo u lt o n , Th e La w y e r i n g Pr o c e ss : Mat e r i a ls f o r Cl i n i c a l In st r u c t i o n in Ad v o c a c y (1978). 2008-22] Legal Education and Technology II 455

Students.” International Journal of Learning 13, no. 2 (2007): 81–91. (See entry no. 2.) 193. Collins, Lauren M. “Creating Online Tutorials: Five Lessons Learned.” Perspectives: Teaching Legal Research and Writing 16 (2007): 33–36. At Wayne State University, two librarians, a LRW program director, and an instructional technologist collaborated to produce online tutorials introducing novices to legal research. Using Camtasia, Microsoft Producer and PowerPoint, a digital camera, and an audio recorder, they created tutorials incorporating moving photos, slides with teaching points, and voice-over explanations of the research process. This article shares challenges faced and lessons learned. 194. Dailey, Susan R. “Linking Technology to Pedagogy in an Online Writing Center.” Legal Writing: The Journal of the Legal Writing Institute 10 (2004): 181–206. (See entry no. 58.) 195. Davis, Benjamin G., Franklyn G. Snyder, Kay Elkins Elliott, Peter B. Manzo, Alan Gaitenby, and David Allen Larson. “The First International Competition for Online Dispute Resolution: Is This Big, Different and New? Journal of International Arbitration, 19 (2002): 379–92. In March 2002, students from ten law schools on several continents participated in the first International Competition for Online Dispute Resolution (ICODR). This article describes the competition from the perspectives of problem drafter, coach, participant, evaluator, and organizer. The authors chronicle the challenges of developing and implementing online competitions and negotiating in an online environment. 196. Davis, Benjamin G. “ICODR 2003: Helping Humanity Progress.” Journal of International Arbitration 20 (2003): 589–97. Davis shares his experiences as the administrator for the 2003 ICODR. He explains how two technologies—West Workspace and Squaretrade.com—were employed in the design and use of online dispute resolution space and describes challenges faced by students in using these platforms. He also addresses the administrator’s responsibilities, which include maintaining the independence and neutrality of the online system. 197. Donahoe, Diana R. “Skilled E-Scholars Click Their Way Up.” Legal Times, September 4, 2007, http://www.law.com/jsp/legaltechnology/pubArticleLT .jsp?id=1188550951994. (See entry no. 59.) 198. Duggan, James E. “Using CALI Lessons to Review (or Teach) Legal Research and Writing Concepts.” Perspectives: Teaching Legal Research and Writing 9 (2001): 86–89. Duggan examines the CALI program and describes specific lessons available for legal writing and research students. 199. Ehrenberg, Suzanne, and Kari Aamot. “Integrating Print and Online Research Training: A Guide for the Wary.” Perspectives: Teaching Legal Research and Writing 15 (2007): 119–27. 456 Law Library Journal [Vol. 100:3

Integrated research training can be used to teach legal research effectively to students who have never learned to research print materials. The authors explain why this approach is more responsive to student needs than teaching print research before online research. They also provide practical tips for implementing integrated training, discuss appropriate textbooks, and share teaching techniques and lessons learned. A sample syllabus is included. 200. Featherman, Elizabeth Lai. “ICODR: Preparing for a Virtual Practice Grounded in Real World Moot Competitions.” University of Toledo Law Review 38 (2006): 389–94. Featherman discusses her experience as a student participant in the 2006 ICODR. After explaining the value of learning to use professionalism and sensitivity in cross-cultural negotiation and litigation, she describes the benefits of using West WorkSpace technology for internal and external asynchronous communications. 201. Gaitenby, Alan. “The Fourth Party Rises: Evolving Environments of Online Dispute Resolution.” University of Toledo Law Review 38 (2006): 371–88. Traditional dispute resolution involves two disputants and a third-party neutral. Here, Gaitenby discusses a “fourth party”: the software tools used in online dispute resolution. As part of his evaluation of the effect of technology on ODR, he discusses the configuration of the West WorkSpace eRooms and reviews a study evaluating how 2005 ICODR participants used the ODR environments. Concluding that ODR experiences are most meaningful and useful in the mediation setting, he advocates that future research focus on the manner in which online actors engage with each other and with software to create meaningful ODR experiences. 202. Gallacher, Ian. “Forty-Two: The Hitchhiker’s Guide to Teaching Legal Research to the Google Generation.” Akron Law Review 39 (2006): 151–205. The author addresses the tension in legal research instruction between traditionalists who teach the subject and the new generation of students who enroll in their courses. To overcome student resistance to print media, Gallacher proposes teaching the comparative strengths and weaknesses of print research and CALR simultaneously and as a client-based activity. He also suggests teaching strategies. 203. Gallacher, Ian, ‘“Who Are Those Guys?:’ The Results of a Survey Studying the Information Literacy of Incoming Law Students.” California Western Law Review 44 (2007): 219–55. Gallacher reports the results of a summer 2006 survey of 740 incoming first-year students from seven law schools, intended to collect data about their perceptions of their information literacy skills. A majority of responders answered that they “always” or “usually” use the Internet for research, with 70.9% favoring Google as a search engine. These results, the author concludes, reflect a passive approach to acquiring information and an over-confidence in the research skills brought to law school. In closing, he suggests possible remedies for the skills deficits of incoming law students. 2008-22] Legal Education and Technology II 457

204. Gerdy, Kristin B., Jane H. Wise, and Alison Craig. “Expanding Our Classroom Walls: Enhancing Teaching and Learning Through Technology.” Legal Writing: The Journal of the Legal Writing Institute 11 (2005): 263–94. The authors discuss their decision to incorporate technology into teaching LRW. After describing four projects they created at Brigham Young University’s J. Reuben Clark Law School, they explain how their learning objectives are achieved through legal research and case-reading videos, a sample memo database, and an online diagnostic. They conclude that thoughtful use of technology can provide a powerful tool for effective teaching. 205. Golann, Dwight. “Using Video to Teach Negotiation and Mediation.” Dispute Resolution Magazine 13, no. 2 (2007): 8–11. This article, which is supplemented on the author’s web site,20 explains how law faculty can use videotaped role-plays and commercial films to enhance skills instruction in ADR courses. Golann discusses effective use of available technology, challenges of implementation, avoiding and troubleshooting technological glitches, and creating original videos. 206. Goldman, Pearl, and Billie Jo Kaufman. “How to Push an Elephant Through a Straw: Using Wireless Technology in a Web-enhanced Skills Program.” International Review of Law, Computers and Technology 15 (2001): 281–99. The authors describe and evaluate their experience developing, teaching, and administering a web-enhanced lawyering skills course to first-year students at Nova Southeastern University Shepard Broad Law Center. They discuss the networking infrastructure, hardware and software requirements, student training, and wireless classrooms. After addressing pedagogical goals and challenges, they describe the use of specific technologies and an online syllabus linking to web- based tutorials, readings, and assignments. The article concludes with advice to law professors contemplating the use of technology and a call for empirical and action research to evaluate its effectiveness in achieving the goals of legal education. 207. Hackerson, Deborah. “Legal Research: A Guide to Online Tutorials for First Year Law Students.” Legal Reference Services Quarterly 25, no. 2–3 (2006): 153–67. This guide to online legal research tutorials is organized in the order that many first-year students are introduced to the legal materials. Hackerson reviews tutorials available on Westlaw, LexisNexis, and CALI that cover legal research in secondary sources, case law, citators, legislation, topical matters, and search strategies and skills. 208. Havemann, Paul, and Jacquelin Mackinnon. “Synergistic Literacies: Fostering Critical and Technological Literacies in Teaching a Legal Research Methods Course.” Legal Education Review 13 (2002): 65–92.

20. Suffolk University Law School, Using Video to Learn and Teach Negotiation and Mediation, http:// www.law.suffolk.edu/faculty/addinfo/golann/VideoTeaching/suggestion.cfm (last visited Apr. 11, 2008). 458 Law Library Journal [Vol. 100:3

The legal research methods course at the University of Waikato School of Law seeks to provide nontraditional students with the analytical skills necessary for optimal use of IT at the same time that they are acquiring technological skills. This article describes the program goals, the sequence and structure of the syllabus, and the assessment tasks used in the course. 209. Heyde, Christina R., and Susan E. Provenzano. “E-Grading: The Pros and Cons of Paperless Legal Writing Papers.” Perspectives: Teaching Legal Research and Writing 12 (2004): 139–46. The authors describe a two-year experiment in their legal writing classes in which assignments were electronically submitted, graded, and returned. After explaining the advantages of an e-grading system, they suggest approaches to overcome its shortcomings. They conclude that the disadvantages are outweighed by convenience, educational benefits, and parallels to technological developments in law practice. 210. Higdon, Michael J. “From Simon Cowell to Tim Gunn: What Reality Television Can Teach Us About How to Critique Our Students’ Work Effectively.” Perspectives: Teaching Legal Research and Writing 15 (2007): 169–73. (See entry no. 98.) 211. Holtom, Brooks C., and Amy L. Kenworthy-U’Ren. “Electronic Negotiation: A Teaching Tool for Encouraging Student Self-Reflection.” Negotiation Journal 22 (2006): 303–24. This article explores the use of e-mail negotiations to develop reflective skills in business school students. After discussing a contract negotiation exercise and its goals, the authors explain how to conduct the simulation and debriefings. They also summarize their findings, discuss the implications of these findings, and share ideas for using the exercise at other institutions. 212. Hutchinson, Terry, and Natalie Cuffe. “Legal Research Project Management: Skills Extension for Upper Level Law.” The Law Teacher: The International Journal of Legal Education 38 (2004): 159–81. QUT Faculty of Law undertook an Internet-based teaching initiative to improve students’ legal research skills. In this report, the authors underscore the methodology involved and the advantages and disadvantages of the initiative. They also evaluate its effectiveness in improving student research skills. 213. Jolly-Ryan, Jennifer. “Coordinating a Legal Writing Program with the Help of a Course Webpage: Help for Reluctant Leaders and the Technologically- Challenged Professor.” Quinnipiac Law Review (2004) 22: 479–92. This article describes how a course web site can alleviate the administrative bur- dens of coordinating an adjunct-taught legal writing program. Benefits include: 1) minimizing conflicts between the administrator’s faculty and administrative roles; 2) maintaining consistency among writing sections with minimum faculty meeting time; 3) preserving academic freedom and teaching styles; 4) improving organization; 5) increasing accessibility to students; and 6) sending positive messages to students. 2008-22] Legal Education and Technology II 459

214. Keefe, Thomas. “Teaching Legal Research From the Inside Out.” Law Library Journal 97 (2005): 117–31. Acknowledging that today’s law students prefer online databases over print resources, Keefe advocates a new model for teaching legal research. He uses data on student research patterns before and after entering law school to support his argument that instruction should begin with electronic sources and then add traditional print materials as alternatives. He also presents his vision of a legal research course based on this paradigm. 215. Kimbrough, Tom. “In-Class Online Legal Research Exercises: A Valuable Educational Tool.” Perspectives: Teaching Legal Research and Writing 16 (2008): 112–17. The author discusses his experience using in-class online exercises in an international and foreign legal research course. He addresses factors to consider when deciding whether to use this teaching method, its advantages over traditional homework, design issues, grading and evaluation, and lessons learned. 216. Koo, Gene. “New Skills, New Learning: Legal Education and the Promise of New Technology.” Berkman Center Research Publication No. 2007-4, 2007, http://ssrn.com/abstract=976646. A survey of recent law school graduates was designed to determine how well prepared new lawyers are for law practice. More than 75% of lawyers surveyed said they lacked critical practice skills after law school graduation. This report recommends, among other things, that law schools leverage technology to provide authentic technology environments in clinical programs, teach students to accomplish work-related goals, and encourage them to experience casework. It also suggests an agenda for further research. 217. Le Brun, Marlene J. “Maximise Modelling, Minimise Drudgery, Enhance Learning: Developing and Customising an Expandable Website that Teaches Law Students How to Interview and Counsel Clients.” Journal of Information, Law and Technology, 2002, no. 3, http://elj.warwick.ac.uk/jilt/02-3/lebrun .html. Le Brun was part of a team that developed a web site at City University of Hong Kong to teach law students the client interviewing and counseling skills needed for international competitions. In this article, she describes site features and discusses maintenance issues, project evaluation, lessons learned, and future developments. 218. Levy, James B. “Escape to Alcatraz: What Self-Guided Museum Tours Can Show Us About Teaching Legal Research.” New York Law School Law Review 44 (2001): 387–427. (See entry no. 126.) 219. Lodder, Arno R. “Short Note on Virtual Law Classes: Second Life and Other Three Dimensional Visual Worlds Next Phase for Online Dispute Resolution?” 2007, http://ssrn.com/abstract=1014845. The author is an associate professor at the Computer/Law Institute of the Vrije Universiteit Amsterdam (VU). When VU opened an office in Second Life in 460 Law Library Journal [Vol. 100:3

March 2007, the author conducted virtual classes in ODR, including a cross- border class with law students in Canada. His paper discusses these classes and explores the potential of ODR in three-dimensional worlds. 220. Lynch, Kathy, and Gregor Kennedy. “Understanding Common Interviewing Pitfalls: An Evaluation of Legal Interviewing Skills.” Australian Journal of Educational Technology 18, no. 2 (2002): 147–68. Legal Interviewing Skills is an interactive multimedia program designed to famil- iarize students at Monash University with interviewing techniques in tort practice. This article reports on a study evaluating students’ learning processes while they completed this program. The study revealed use of systematic guessing in a module requiring students to evaluate and reflect on interviewing techniques. The authors conclude that improved feedback will encourage meaningful reflection and interaction with the program. 221. Lysaght, Pamela, and Danielle Istl. “Integrating Technology: Teaching Students to Communicate in Another Medium.” Legal Writing: Journal of the Legal Writing Institute 10 (2004): 163–80. Faculty at the University of Detroit Mercy designed a technology unit that requires LRW students to use and evaluate the Internet and PT software. The authors discuss their design and implementation experiences and provide a methodology for others to follow. They conclude that the unit prepares students for law practice in a way that traditional writing assignments cannot. 222. McDade, Travis, and Phill Johnson. “Print Shepard’s Is Obsolete: Coming to Terms with What You Already Know.” Perspectives: Teaching Legal Research and Writing 12 (2004): 160–62. The authors argue against teaching legal research students to use the print version of Shepard’s Citations. They maintain that instruction should focus on KeyCite and online Shepard’s, which are more comprehensive, efficient, accurate, and timely than print citators. 223. McKenzie, Elizabeth M., and Susan Vaughn. “PCs and CALR: Changing the Way Lawyers Think,” 2007, http://ssrn.com/abstract=969078. The authors report on their study of the effect of computers and legal databases on the way in which law students conduct and analyze legal research. This study measured differences in analogical reasoning in cases of first impression from the Massachusetts Supreme Judicial Court between 1955–1965 and 1993–2003. During the first period, 56.25% of the cases employed analogy; during the second period, only 47.69% used analogy. The authors argue that these results require changes in legal education, including effective instruction in (1) reading and analysis, (2) use of advanced online database tools and secondary sources, and (3) selection of appropriate online resources. 224. Maharg, Paul. “Negotiating the Web: Legal Skills Learning in a Virtual Community.” International Review of Law, Computers & Technology 15 (2001): 345–60. In this early contribution to the literature about GGSL’s virtual community, Maharg explains the background, pedagogy, and execution of a web-based 2008-22] Legal Education and Technology II 461

negotiation exercise. Analyzing students’ reflective reports and statistical data, he presents lessons learned and future plans. He concludes that the web can provide an effective medium for collaborative skills training when the simulation integrates resources, supports divergent learning, and facilitates social construction of knowledge within the virtual environment. 225. Malley, Lynn M. “Hope: The Unexpected Outcome of an Online Dispute Resolution Competition.” University of Toledo Law Review 38 (2006): 361–70. Malley recounts her experience coaching a team of Serbian law students for the 2005 ICODR. Her discussion of the political and pedagogical issues facing Serbian higher education provides the background against which she reflects on the experience. ICODR provided a means for her students to learn a new technology, practice negotiation skills, and interact with the rest of the world. Their unexpected success instilled confidence and hope. 226. Meredith, Sandra. “First Year Law Students, Legal Research Skills and Electronic Resources.” Oxford Legal Studies Research Paper No. 42/2006, 2006, http://ssrn.com/abstract=928428. A study of research instruction at Oxford University Law Faculty found that students increasingly use networked computers as their primary information source. They are also more likely to read case law on-screen than articles. This report recommends that students receive (1) instruction on effective web research and avoiding plagiarism, and (2) successive opportunities to integrate research into daily studies. 227. Meyer, Patrick. “Think Before You Type: Observations of an Online Researcher.” Perspectives: Teaching Legal Research and Writing 13 (2004): 19–23. Meyer provides practical advice on teaching students about the shortcomings of electronic research, the benefits of print research, and the reasons for using print sources in certain situations. He discusses the limitations of online research and offers teaching examples to illustrate the advantages and drawbacks of each format. 228. Miller, Steven R. “Teaching Advanced Electronic Legal Research for the Modern Practice of Law.” Perspectives: Teaching Legal Research & Writing 9 (2001): 120–23. The author discusses the implementation and teaching of the first advanced electronic legal research course at Northwestern University School of Law. Miller describes course goals and content, explains how the course was enhanced by online software and a smart classroom, and summarizes student feedback. 229. Milles, James G. “Out of the Jungle: How to Get Beyond the Digital v. Print Debate—and Deal with the Fact That Digital Won.” AALL Spectrum 9 (February 2005): 10–11, 16. Milles argues that legal educators must accept the victory of digital sources over print sources in the field of legal research. He urges academic law librarians to consider this fact when building collections and encourages legal research professors to favor electronic resources when providing instruction. 462 Law Library Journal [Vol. 100:3

230. Moffitt, Michael. “Lights, Camera, Begin Final Exam: Testing What We Teach in Negotiation Courses.” Journal of Legal Education 54 (2004): 91–114. Part II of this article examines the use of student-analyzed videotaped negotiations as an assessment mechanism in a graded negotiation course. Moffitt discusses the risks and advantages of this approach, the mechanics and use of web-based streaming video to distribute videotaped performances, and the contribution this method makes to an effective evaluation system. 231. Murley, Diane. “Innovative Instructional Methods.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 171–85. Legal research instruction can be enhanced by new and emerging technologies, including PT, course web sites, blogs, CALI tutorials, classroom response systems, video, audio, multimedia, podcasting, and vodcasting. Murley explains how these tools may be used to engage students with different learning styles, to extend learning beyond classroom walls, and to help students transfer their skills to future research situations. 232. Murley, Diane. “What’s the Matter with Kids Today?” Perspectives: Teaching Legal Research and Writing 13 ( 2005): 121–24. Murley proposes using an integrated approach in first-year legal research instruction. This method would capitalize on students’ online research experiences instead of treating Internet research as a bad habit. She explains how the Internet can be used to teach research skills that students can use in all formats and that will train them to be informed online researchers. 233. Murray, Jennifer S. “Print Citator Instruction: What to Do?” Law Library Journal 95 (2003): 139–42. In 2002, Murray queried the AALL Academic Law Libraries Special Interest Section discussion list, requesting information on the status of print citator instruction at other law schools. In this article, she analyzes her survey results and discusses the University of Southern California Law School’s decision to continue print citator instruction in its first-year legal research program. 234. Murray, Kristen E. “My E-Semester: New Uses for Technology in the Legal Research and Writing Classroom.” Perspectives: Teaching Legal Research and Writing 15 (2007): 194–200. An experienced technology user discusses how she conquered her fear of advanced technologies and added six enhancements to her LRW course. Murray describes: (1) using her course web page to distribute class materials; (2) stimu- lating student participation in a threaded discussion forum; (3) grading papers electronically; (4) designing PowerPoint presentations for student note taking; (5) using smart technology for in-class writing exercises; and (6) integrating audio and video technology in class lectures. 235. Nevers, Shawn G. “Candy, Points, and Highlighters: Why Librarians, Not Vendors, Should Teach CALR to First-Year Students.” Law Library Journal 99 (2007): 757–69. A research librarian revisits the debate over who should teach CALR, concluding that in the current legal research environment, law librarians, not vendor repre- sentatives, should be teaching CALR to first-year law students. 2008-22] Legal Education and Technology II 463

236. Pengelley, Nicholas. “I Google Therefore I Am.” Canadian Law Libraries 28 (2003): 66–68. Pengelley discusses the increasing tendency of law students to use Google for legal research and their inability to discriminate between reliable and unreliable sources. The challenge for law professors, the author observes, is to teach students how to evaluate and use web-based information effectively. 237. Peoples, Lee F. “The Death of the Digest and the Pitfalls of Electronic Research: What’s the Modern Researcher to Do?” Law Library Journal 97 (2005): 661–79. (See entry no. 433.) 238. Peppet, Scott R. “Teaching Negotiation Using Web-Based Streaming Video.” Negotiation Journal 18 (2002): 271–83. Peppet relates his experience using web-based, streaming video technology in a legal negotiation workshop. After explaining his decision to eschew traditional videotaping methods, the author discusses the project, its implementation, and its pedagogical costs and benefits. He also reports the results of a survey indicating that students found this feedback approach effective. An appendix describes the project’s technical aspects, including hardware and software, startup costs, and technological challenges. 239. Ponte, Lucille M. “The Case of the Unhappy Sports Fan: Embracing Student- Centered Learning and Promoting Upper-Level Cognitive Skills Through an Online Dispute Resolution Simulation.” Journal of Legal Studies Education 23 (2006): 169–94. Students in two undergraduate law courses, Cyberlaw and Alternative Dispute Resolution in Business, used SquareTrade’s Direct Negotiation Tool in an ODR exercise about an e-commerce dispute. This article explores the pedagogical advantages of the assignment and its appeal to different learning styles. Appendices provide the fact pattern and the reflection assignment. 240. Ricks, Sarah E. “Using Macros to Comment on Student Writing.” The Second Draft: Bulletin of the Legal Writing Institute 19 (2004): 8–9. The author describes how she developed a more efficient system to grade student writing using WordPerfect macros. She provides examples and explains why this system benefits legal writing teachers and their students. 241. Shafer, Melissa, Sheila Simon, and Susan P. Liemer. “Not Ready for PowerPoint? Rediscovering an Easier Tool.” Perspectives: Teaching Legal Research and Writing 11 (2003): 82–83 (See entry no. 112.) 242. Shear, Joan. “Elevating Form Above Substance.” AALL Spectrum 9 (June 2005): 10–11, 14–15. The author responds to Milles’ argument (see entry no. 229) that electronic resources deserve primacy in legal research instruction and library collections. She argues that the choice of delivery format should be driven by user needs and basic information structure. 464 Law Library Journal [Vol. 100:3

243. Simons, Spencer L. “Navigating Through the Fog: Teaching Legal Research and Writing Students to Master Indeterminacy Through Structure and Process.” Journal of Legal Education 56 (2006): 356–73. Simons maintains that computer-age law students have a simplistic view of the legal research and writing process that is attributable, at least in part, to the deceptive ease of electronic research. His article explores instructional methods that help students develop an appreciation of the complex multiple sources of indeterminacy involved in legal analysis and decision-making. These methods teach students to anticipate, minimize, and control these indeterminacies, whether they are researching in electronic or traditional media. 244. Smith, Craig T. “Synergy and Synthesis: Teaming ‘Socratic Method’ with Computers and Data Projectors to Teach Synthesis.” Legal Writing: The Journal of the Legal Writing Institute 7 (2001): 113–35. (See entry no. 113.) 245. Smith, Nicki McLaurin, and Prue Presser. “Educating the MTV Generation: Legal Information Skills Online.” Legal Information Management 4 (2004): 37–43. (See entry no. 131.) 246. Smith, Nicki McLaurin, and Prue Presser. “Embed with the Faculty: Legal Information Skills Online.” Journal of Academic Librarianship 31, no. 3 (2005): 247–62. (See entry no. 132.) 247. Steele, Thomas M. “The MacCrate Report: Its Impact on Education in Law Firm Management.” Pace Law Review 23 (2003): 613–50. Steele surveyed law schools about their efforts to teach law practice management and technology. His study revealed that fewer than 5% of curricular offerings include courses in technology and the law and that enrollment in such courses is generally limited. Concluding that legal education has made only minimal effort to achieve the goals of the MacCrate Report,21 he cautions that graduates are at a disadvantage when placed in the competitive technological environment of law practice. 248. Teitcher, Carrie W. “Rebooting the Approach to Teaching Research: Embracing the Computer Age.” Law Library Journal 99 (2007): 555–72. In 2005, Brooklyn Law School adopted a fully integrated approach to legal research instruction that teaches students to combine books, fee-based services, and free Internet resources into a comprehensive research strategy. After explaining the pedagogical reasons for the change, Teitcher describes the new curriculum and companion TWEN page. She concludes that this approach engages students, enhances teacher credibility, and produces enthusiastic and competent researchers. 249. Temple, Hollee S. “Tripped up by Electronic Plagiarism.” Perspectives: Teaching Legal Research & Writing 14 (2006): 114–15.

21. See Am e r i c a n Ba r Ass o c i a t i o n , Le g a l Ed u c a t i o n a n d Pr o f e ss i o n a l De v e l o p m e n t —a n Ed u c at i o n a l Co n t i n u u m (1992). 2008-22] Legal Education and Technology II 465

A legal writing professor recounts her experience with electronic plagiarism. Students who appeared to be collaborating impermissibly had actually lifted the same text directly from electronic databases without attribution. This technique had been demonstrated to them in CALR training sessions. Temple offers suggestions for dealing with electronic plagiarism before it becomes a problem. 250. Thomson, David I. C. “CaseMap as a Tool for the Research Log Function: Finally, a Technology that Can Help Us Teach Better.” University of Denver Legal Studies Research Paper No. 07-35, 2007, http://ssrn.com/ abstract=996739. CaseMap is case analysis software designed to help lawyers evaluate and organize details in a particular case. In this article, Thomson describes the software and explains how LRW faculty can use it to help students develop the skill of pre-writing thinking. After discussing and evaluating CaseMap’s implementation in a LRW program, he offers recommendations for faculty considering its use. 251. Tyler, Melissa Conley, and Naomi Cukier. “Nine Lessons for Teaching Negotiation Skills.” Legal Education Review 15 (2005): 61–86. In this article outlining innovative methods of teaching negotiation skills, the authors advocate using ICT to enhance negotiation learning. Their ninth lesson addresses the use of electronic bulletin boards, web-based discussion rooms, poll- ing systems, Internet-based cross-border negotiation simulations, videotaping, and online simulations. They also discuss online negotiation courses and the use of web-based streaming video. 252. Van Haaren-Dresens, Ine. “Students as Legislators: Simulating the Making of an Act of Parliament by Collaborative Electronic Learning.” The Law Teacher: The International Journal of Legal Education 38 (2004): 202–12. The Dutch Open University developed an electronic course to teach legislative drafting to DL students. This article discusses course structure, technology, assessment criteria, and assignments. It also summarizes student feedback, the benefits of learning legislative process in a collaborative virtual environment, and instructor roles and workload. 253. Wakefield, Nicola. “Bridging the Gap: The Information Skills Training Partnership at Manchester Metropolitan University.” Legal Information Management 7 (2007): 63–70. At Manchester Metropolitan University, law librarians and law school staff collaborated to embed legal information skills training into the curriculum. This paper discusses the genesis and implementation of the project. It also addresses embedding mechanisms and techniques, learning methods, course materials, and review and evaluation procedures. Screenshots illustrate the WebCT virtual tutorial used by students in the graduate program. 254. Wayne, Erica V., and J. Paul Lomio, “Book Lovers Beware: A Survey of Online Research Habits of Stanford Law Students.” Robert Crown Law Library Legal Research Paper Series, Research Paper No. 2, 2005, http://www.law.stanford .edu/publications/projects/lrps/pdf/lomiowayne_rp2.pdf. 466 Law Library Journal [Vol. 100:3

The Robert Crown Law Library surveyed Stanford law students over a three-year period. In this summary of findings, the authors report that in 2002, 75% of the first-year responders and 62% of all law students stated that they performed at least 80% of their research online. In 2003, the numbers had increased to 83% of the first-year responders and 70% of all law students. In 2004, the last year of the survey, 93% of all first-year responders and 79% of all law students reported performing at least 80% of their legal research online. 255. Weresh, Melissa H., and Lisa Penland. “The Real World: Teaching Professionalism in Virtual Dialogue to the Google Generation.” Law Teacher 14 (Spring 2007): 12–13. The authors used PT in a workshop environment to teach law students about professionalism in e-mail communications and on personal web pages. They discuss their teaching methods, concluding that the workshop environment is effective for teaching professionalism in virtual communications. 256. Widdison, Robin. “Iolis Authoring in a Web Environment.” Journal of Information, Law and Technology, 2002, no. 2, http://www2.warwick.ac.uk/ fac/soc/law/elj/jilt/2002_2/widdison. (See entry no. 90.) 257. Wren, Christopher G. “Voice of the Future: Audio Legal Briefs.” Perspectives: Teaching Legal Research & Writing 12 (2004): 166–67. The author discusses judicial use of audio legal briefs, the product of a text-to- speech program that converts electronic files to audio files. He points out the challenges that this hybrid form of communication will present for faculty who teach legal writing.

Distance Education and Distance Learning22

258. Ableson, Serena. “Bringing Legal Education to the Canadian Arctic: The Development of the Akitsiraq Law School and the Challenges for Providing Library Services to a Non-Traditional Law School.” International Journal of Legal Information 34 (2006): 1–30. (See entry no. 373.) 259. Atwood, Barbara, Graciela Jasa Silveira, Nicole LaViolette, and Tom Oldham. “Crossing Borders in the Classroom: A Comparative Law Experiment In Family Law.” Journal of Legal Education 55 (2005): 542–59. (See entry no. 150.) 260. Balleste, Roy, Jason Rosenberg, and Lisa Smith-Butler. “Podcasting, Vodcasting, and Law Libraries: How to Understand the Newest ‘It’ Technology and Use it in Your Library.” AALL Spectrum 10 (June 2006): 8–10.

22. Distance education, also known as distance learning, refers to instructional methods, including video and computer technologies, used when “the teacher and student are not physically and simultaneously present in the same classroom.” Catherine Arcabascio, The Use of Video-Conferencing Technology in Legal Education: A Practical Guide, 6 Va. J.L. & Te c h . 5 (2001), http://www.vjolt.net/vol6/issue1/ v6i1a05-Arcabascio.html. 2008-22] Legal Education and Technology II 467

The authors recount their experience introducing podcasts to disseminate recordings of classes, lectures, and symposia at Nova Southeastern University Shepard Broad Law Center. They explore the background, development, and use of podcasting and vodcasting, explain the technology, and discuss the challenges it presents for a law school’s networking infrastructure. They conclude by summarizing podcasting activities at CALI and other law schools. 261. Barton, Karen, and Fiona Westwood. “From Student to Trainee Practitioner— A Study of Team Working as a Learning Experience.” Web Journal of Current Legal Issues, 2006, no. 3, http://webjcli.ncl.ac.uk/2006/issue3/barton -westwood3.html. To investigate the learning experience of students working in virtual law firms at GGSL, the authors analyzed self-reflective reports, using a matrix to categorize trust and learning experiences. Their study identifies characteristics of positive and negative learning experiences and provides guidance for creating a supportive and secure online learning environment. 262. Berg, Paula E. “Using Distance Learning to Enhance Cross-Listed Interdisciplinary Law School Courses.” Rutgers Computer and Technology Law Journal 29 (2003): 33–52. Berg describes and evaluates her experience using DL technology to teach a public health law course to law students and graduate students in public health. She concludes that ICT enhances opportunities for interdisciplinary communication and collaboration, reduces obstacles presented by time and place constraints, satisfies diverse educational requirements, and sustains student involvement. It also overcomes the pedagogical, logistic, and administrative challenges often encountered in cross-listed law school courses. 263. Burks, Randall D. “From Paper Chase to Cyberspace: A Case Study of Two Law Professors’ Perceptions of Their First Experience Team-Teaching a Multimedia Online Law School Course.” Ph.D. diss., University of Nebraska- Lincoln, 2004, http://www.randallburks.com/BurksDissertation-UNL-2004 .pdf. This study examines how two law professors perceived their first experience team-teaching an asynchronous taxation course online. Topics include faculty collaboration, student assessment, online interaction, multimedia CDs and WebCT, comparison of online and classroom learning experiences, transferability to the conventional classroom, challenges, and recommendations. Appendices reproduce data collection logs, interview protocols, student survey questions, Institutional Review Board compliance documents, and informed consent forms. 264. Byrnes, William H. “A Review of the Development of an Internet Delivered LL.M. Program in the United States.” Journal of Information, Law and Technology, 2001, no. 3, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/ 2001_3/byrnes. The LL.M. in International Tax and Offshore Financial Centers at Florida’s St. Thomas University School of Law was the first Internet-delivered LL.M. program in the United States. After discussing the program’s implementation, 468 Law Library Journal [Vol. 100:3

development, and technology, Byrnes examines the goals of U.S. legal education and explores the emerging pedagogical approach to online study in the United Kingdom. He concludes with a review of DL courses at U.S. law schools and his personal observations. 265. Danner, Richard A. “Strategic Planning for Distance Learning in Legal Education: Initial Thoughts on a Role for Libraries.” Legal Reference Services Quarterly 21, no. 2–3 (2002): 69–85. (See entry no. 388.) 266. Datt, Kalmen Hyman. “Reflections on Teaching a First Year Law Course Delivered in Distance Mode from an Assessment Perspective.” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http://www.alta.edu.au/pdf/conference/ published_papers/datt_k_2006_alta_conference_paper_reflections_on_ teaching_a_first_year_law_course.pdf. At the University of New South Wales Faculty of Law, tax law is taught via WebCT and audio conferences. Datt discusses the tax program’s teaching and assessment methods and recent changes designed to alleviate student problems. These changes include issuing students a CD that explains assessment criteria and skills, offering incentives for constructive participation in online discussion threads, using peer review, and readjusting the assessment regime. Although these revisions have yielded positive results, Datt concludes that further change may be needed to achieve desired outcomes. 267. Day, Meredith, and Jennifer Evans. “Law School of the Air: An Example of Adaptive Technology in Legal Education.” In Beyond the Comfort Zone: Proceedings of the 21st ASCILITE Conference, Perth, December 5–8, 2004, edited by R. Atkinson, C. McBeath, D. Jonas-Dwyer, and R. Phillips 249–53, http://www.ascilite.org.au/conferences/perth04/procs/day.html. At the School of Law at Charles Darwin University in Australia, the DL program is delivered via Learnline, an online learning management system. Learnline incorporates web-based conferencing, instructional materials, real time chat sessions, and virtual tutorial and whiteboards. The authors conclude that further research is needed into the effectiveness of the media and teaching methods employed. This research will be used to inform decisions about the future design of the DL program. 268. Donaldson, Angela. “The Challenge of Providing a Library and Information Service to Distance Learning Students.” Legal Information Management 4 (2004): 69–72. Donaldson explores the challenges of providing library and information services to DL students in the LL.B. program at Nottingham Trent University. Topics include common perceptions of DL, program structure, practical difficulties experienced by DL law students, support provided by information specialists, and ideas for the future. 269. Dranias, Nick. “Past the Pall of Orthodoxy: Why the First Amendment Virtually Guarantees Online Law School Graduates Will Breach the ABA Accreditation Barrier.” Penn State Law Review 111 (2007): 863–91. 2008-22] Legal Education and Technology II 469

Although ABA accreditation standards have expanded opportunities to earn J.D. credit for DL, they still deny accreditation to J.D. programs that operate fully or substantially online. The author argues that state bar admission rules restricting eligibility to graduates of ABA-accredited law schools could face First Amendment legal challenges. He calls for states to provide graduates of online J.D. programs with an alternative path to law practice. 270. England, Philippa. “Like it or Loathe it: Flexible Delivery of Unincorporated Associations and Trusts at Griffith University.” Journal of Information, Law and Technology, 2002, no. 3, http://www2.warwick.ac.uk/fac/soc/law/elj/ jilt/2002_3/england. (See entry no. 160.) 271. England, Philippa. “A Five Year Review of Unincorporated Associations and Trusts in Flexible Delivery Mode: A High Speed Journey to Somewhere. . . .” 61st Annual ALTA Conference: Legal Knowledge: Learning, Communicating and Doing, Melbourne, Victoria, Australia, 2006, http://www.alta.edu.au/pdf/ conference/published_papers/england_p_2006_alta_conference_paper_a_ five_year_review.pdf. (See entry no. 161.) 272. Fairhurst, John. “Quality Assuring an Electronically Delivered Distance Learning Programme.” In 17th BILETA Annual Conference, April 2002, Amsterdam, Netherlands, http://www.bileta.ac.uk/pages/Conference%20 Papers.aspx. Fairhurst explores quality assurance issues that should be addressed when delivering an electronic DL program. His paper is divided into six sections: (1) system design; (2) program design, approval, and review; (3) program delivery; (4) student development and support; (5) student communication and representation; and (6) student assessment. An appendix includes program specifications. 273. Fentiman, Linda C. “A Distance Education Primer: Lessons from My Life as a Dot.Edu Entrepreneur.” North Carolina Journal of Law and Technology 6 (2004): 41–70. Fentiman recounts her two years developing the Health Law Distance Education Program at Pace University Law School, a program that was suspended within its first year because it did not immediately break even and was not viewed as central to the law school’s mission. She also discusses lessons learned about providing legal education via the Internet. 274. Friel, Raymond J. “Special Methods for Educating the Transnational Lawyer.” Journal of Legal Education 55 (2005): 505–13. This article outlines the elements of a successful program in transnational legal education. One such element, the author notes, is the appropriate use of technology: videoconferencing and podcasting expose students to diverse faculty experiences, and chat room technology encourages transnational study groups and academic discourse. 275. Gleason, Diana L. “Distance Education in Law School: The Train Has Left the Station,” 2006, http://law.bepress.com/expresso/eps/1762. 470 Law Library Journal [Vol. 100:3

Gleason argues that the reluctance of law schools to add DE to the curriculum has operated to the detriment of legal education and law students. She addresses the reasons for DE’s growth in other disciplines and explains why the trend has not affected law schools. She also discusses three factors that will bring DE to law schools: students expect 24/7 access to materials and services; nontraditional students seek less expensive alternatives to brick-and-mortar law schools; and rising educational debt motivates students to find less expensive options. 276. Halstead, Peter, Judith Evans, Brian Mitchell, and Stuart Williams. “Deep or Shallow Approaches to Study Taken by Undergraduate Distance Learning Law Students of the University of Wolverhampton.” The Law Teacher: The International Journal of Legal Education 36 (2002): 183–99. This article presents the results of a research project exploring the experience of DL students in the LL.B. program at the University of Wolverhampton. The study focused on factors affecting acquisition of learning strategies and the influence of course design and materials on learning approaches. Because the data revealed that DL law students require more guidance, planners revised the program to meet student needs. 277. Johnson, Andrea L. “Reconciling Copyright Ownership Policies for Faculty- Authors in Distance Education.” Journal of Law and Education 33 (2004): 431–56. (See entry no. 365.) 278. Kent, Mara. “Going the Distance: Distance Education at the Thomas M. Cooley Law School.” Michigan Bar Journal 81 (October 2002): 48–49. This piece describes a noncredit, prelaw course offered online by the Thomas M. Cooley Law School. Designed to ease the transition into law school, the course offers discussion boards, quizzes, readings, lessons, and personalized feedback. It has allowed students worldwide to participate in an interactive preparatory environment and has helped the school prepare for future DL offerings. 279. Larson, Joni. “The Intersection of Andragogy and Distance Education: Handing Over the Reins of Learning to Better Prepare Students for the Practice of Law.” Thomas M. Cooley Journal of Practical and Clinical Law 9 (2007): 117–48. Larson argues that DE can facilitate an andragogical approach to legal education, enabling law students to become self-directed learners, to develop the critical thinking skills used by legal practitioners, and to become self-sufficient in law practice. She explains how technology can be used as part of an integrated frame- work of adult learning and provides examples of assignments that allow students to interact online while developing lawyering skills. 280. McKellar, Patricia, and Paul Maharg. “Virtual Learning Environments in Action.” 19th BILETA Annual Conference, March 2004, Durham, England, http://www.bileta.ac.uk/pages/Conference%20Papers.aspx. This brief position paper argues that webcasts are valuable DL tools that can transform the learning experience for law students, but only when used appropriately. To this end, they recommend integrating onscreen materials with other course elements to create incentive for independent learning. The authors’ description of a civil procedure webcast environment is accompanied by screenshots. 2008-22] Legal Education and Technology II 471

281. McLaren, John. “Internet Teaching in Reparations Law: The OZCAN Model.” Windsor Yearbook of Access to Justice 22 (2003): 201–11. OZCAN is a legal history program taught collaboratively on the Internet by four law schools in Canada and Australia. Students and faculty use an online threaded discussion board to react to web-based multimedia materials and to communicate. McLaren comments on the labor-intensive nature of the course and the success of the collaborative method, suggesting that videoconferencing would enhance the program. 282. Malkawi, Bashar I. “Law in Jordan Gets Wired: Developing and Teaching Law Courses Online.” Arab Law Quarterly 21 (2007): 364–78. This article addresses legal education in Jordan and the logistical, administrative, and legal obstacles to pervasive use of online law courses. After discussing the elements of online education, the author explores its use in Jordanian law schools and the challenges they face in introducing online legal education. He concludes that law schools must overcome obstacles in order to meet the expectations of law students. 283. Marcel, Kathy. “Can Law Be Taught Effectively Online?” Law Teacher 10 (Spring 2003):12–13. (See entry no. 332.) 284. Martin, Fiona. “Teaching Legal Problem-Solving: A Problem-based Learning Approach Combined with a Computerised Generic Problem.” Legal Education Review 14 (2003–2004): 77–92. (See entry no. 77.) 285. Martin, Peter W. “From Seats of Learning to Globally Distributed Virtual Learning.” Journal of Information, Law and Technology, 2002, no. 2, http:// www2.warwick.ac.uk/fac/soc/law/elj/jilt/2002_2/martin. (See entry no. 537.) 286. Martin, Peter W. “Cornell’s Experience Running Online Inter-school Law Courses—An FAQ.” The Law Teacher: The International Journal of Legal Education 39 (2005): 70–81. Martin answers ten frequently asked questions about online law courses offered at Cornell’s Legal Information Institute. He explains the reasons for offering the courses to students from other law schools and for using audio streaming and an asynchronous approach. He also discusses students’ responses, attitudes, and performance and addresses prospects for DL in U.S. legal education. 287. Matthew, Anne. “Co-operative Student Learning in Undergraduate Law: Fostering Teamwork Skills in External Students.” eLaw Journal: Murdoch University Electronic Journal of Law 10, no. 2 (2003), http://www.murdoch .edu.au/elaw/issues/v10n2/matthew102.html. This paper explores an assessment model devised to address the difficulties in fostering teamwork skills in external students at QUT Faculty of Law. The model was tested in a corporate law class in which students worked in virtual teams. The author explains the development of the model, outlines the results of its trial, and analyzes its effectiveness, concluding that DL students need appropriate scaffolding supports. An appendix sets out the assessment model. 472 Law Library Journal [Vol. 100:3

288. Mayer, John. “CODEC: Lowering the Barriers to Inter-institutional Distance Legal Education.” The Law Teacher: The International Journal of Legal Education 39 (2005): 82–92. CALI’s executive director discusses the work of the Consortium for Distance Education (CODEC), a CALI project seeking to create a global marketplace for member law schools offering DL. Mayer describes current and future CODEC projects, including a web-based course catalog, centralized registration system, surveys and data collection, training, workshops, and a web log. He also considers CODEC’s potential to improve teaching and create new markets for legal education. 289. Morgan, Thomas D. “Educating Lawyers for the Future Legal Profession.” Oklahoma City University Law Review 30 (2005): 537–58. (See entry no. 539.) 290. Myers, Kathryn L. “Distance Education: A Primer.” Journal of Paralegal Education and Practice 18 (2002): 58–64. This article addresses considerations involved in deciding whether to offer paralegal programs by DE. Its relevance for J.D. programs lies in its discussion of assuring and measuring quality in distance offerings. The author makes recommendations for running a successful online program, including sustaining the values inherent in traditional programs. 291. O’Connor, Pamela, and Beth Gaze. “Training for Better Decisions: Designing a Computer-mediated Distance Education Subject for Tribunal Members.” Legal Education Review 13 (2002): 21–44. Decision Making for Tribunal Members is a graduate law course offered by Monash University to Australian tribunal members via DE. This article describes the planning and implementation of the course, its educational and web-based design, its assessment methods, and the advantages and challenges presented by DE. 292. Paliwala, Abdul. “Changing Paradigms of the E: Communication, Governance and Learning.” Journal of Information, Law and Technology, 2005, no. 2, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2005_2-3/paliwala. Paliwala discusses the effect of the European Union’s e-Government and e-Communication initiatives on legal education. He maintains that law schools need to teach emerging e-governance law within the context of the global communication and governance environment of Europeanization. This in turn will require interactive group e-learning that transcends the traditional institutional and national boundaries of legal education. 293. Paliwala, Abdul. “Pedagogy in E-Learning Development: Some Lessons from History.” In Aan het werk met ICT in het academisch onderwijs: RechtenOnline, edited by Anton Vedder, 27–36. Nijmegen, Netherlands: Wolf Legal Publishers, 2004. This book chapter explores the impact of IT and globalization on legal education. Paliwala suggests that IT in legal education has evolved around the themes 2008-22] Legal Education and Technology II 473

of convergence and divergence: learning technologies and theories have con- verged at the same time that law schools have diversified nationally and globally. Reviewing lessons learned, he concludes that institutional and international networking and collaboration will yield better results than individual efforts. 294. Perlin, Michael L. “‘Ain’t No Goin’ Back’: Teaching Mental Disability Law Courses Online.” New York Law School Law Review 51 (2006–2007): 991–1001. This article discusses the development, pedagogy, and curriculum of the DL program at New York Law School. The author also explains the program’s domestic and international partnerships, its search for new partners, and its expansion plans, including an online Master’s program in mental disability law studies. 295. Perlin, Michael L. “An Internet-Based Mental Disability Law Program: Implications for Social Change in Nations with Developing Economies.” Fordham International Law Journal 30 (2007): 435–54. At New York Law School, the Online Mental Disability Law Program is offered to mental health professionals. After discussing the use of DL in legal education and its implications for persons with disabilities, Perlin describes the program’s Internet-based courses and teaching technologies, reports on a course section taught in Nicaragua, and considers plans for future iterations in other nations with developing economies. 296. Podgor, Ellen S. “Teaching a Live Synchronous Distance Learning Course: A Student Focused Approach.” University of Illinois Journal of Law, Technology and Policy, 2006,: 263–72. In 2005, Podgor taught international criminal law as a live synchronous videoconference class to students at the Brandeis School of Law and Georgia State University College of Law. After recounting the faculty approval process, she provides a planning checklist, discusses teaching challenges, and summarizes advantages and disadvantages of teaching a synchronous DL course. She concludes with suggestions for future iterations. 297. Powell, Daniel C. “Five Recommendations to Law Schools Offering Legal Instruction Over the Internet.” Journal of Technology Law and Policy 11 (2006): 285–312. Drawing on his experience as the Director of the University of Alabama’s LL.M. in Taxation Program, Powell explains how law schools can use DE while avoiding pedagogical limitations and administrative problems. He presents a model for offering DE, explains how to resolve difficulties when using videoconferencing, and makes five practical recommendations. 298. Quanjel-Schreurs, Lieke, Tonnie Starren-Weijenberg, Carlo Aretz, and Natasja Van der Meer. “A Digital Training Programme for Advocacy.” The Law Teacher: The International Journal of Legal Education 36 (2002): 15–23. (See entry no. 86.) 299. Ribeiro, Erica B. Q., Hugo C. Hoeschl, Tania C. D. Bueno, and Samantha Hoffmann. “A Brazilian Experience on Technological Distance Learning for 474 Law Library Journal [Vol. 100:3

Law Students and Professionals.” In 18th BILETA Annual Conference, April 2003, London, England, http://www.bileta.ac.uk/pages/Conference%20 Papers.aspx. This paper describes a DL program for law students and legal professionals undertaken in Brazil in 2001. The program sought to prepare professionals and students for a completely digitized lawsuit. The authors briefly describe and evaluate the program, finding a positive environment for the use of ICT in the Brazilian professional and academic legal settings. 300. Rosen, Andrew S. “Concord University School of Law’s On-Line Law Degree Program.” St. John’s Journal of Legal Commentary 15 (2001): 311–18. The Chief Operating Officer of Kaplan Education Centers writes about the online J.D. program at Concord Law School. Topics include access to education, accreditation, tuition, student demographics, curriculum, pedagogy, the virtual learning environment, and Concord’s focus on bar passage. 301. Rumbles, Wayne. “Subscribe Now: Podcast Technology and the Study of Law.” In 22nd BILETA Annual Conference, April 2007, Hertfordshire, England, http://www.bileta.ac.uk/pages/Conference%20Papers.aspx. This paper describes and evaluates a podcasting trial at the University of Waikato School of Law in New Zealand. The author explains podcasting and vodcasting before discussing the underlying pedagogy and his use of both technologies. “Coursecasts” were linked to online asynchronous discussions with students and were used for lectures, class materials and highlights, student presentations, and assessment. Concluding, the author summarizes student use of the available coursecasts and evaluates the technology and the trial. 302. Salzer, Robert J. “Juris Doctor.Com: Are Full-time Internet Law Schools the Beginning of the End for Traditional Legal Education?” CommLaw Conspectus 12 (2004): 101–14. Salzer examines online law schools and their effect on legal education. Focusing on Concord Law School, he considers its history, faculty, curriculum, research facility, tuition, and accreditation struggle, as well as criticisms from the legal community. Finally, he argues that the ABA cannot continue indefinitely to resist accrediting online law schools. 303. Smith, Charlene L. “Distance Education: A Value-Added Model.” Albany Law Journal of Science and Technology 12 (2001): 177–89. Students at Washburn University Law School and Nova Southeastern University Shepard Broad Law Center participated in a comparative tort law seminar taught by international scholars at both schools. Smith discusses the seminar and its pedagogy, reviews feedback, and describes instructional strategies, reading materials, and videoconferencing technology used to transmit live classes. She concludes that learning is enhanced when students interact with foreign scholars and colleagues at other law schools. 304. Stecker, Naseem. “Logging on to a Law Education.” Michigan Bar Journal 82 (March 2003): 40–43. This article profiles the advances in online technology that have enabled law schools to offer online classes and, in particular, Concord Law School to offer 2008-22] Legal Education and Technology II 475

J.D. and LL.M. degrees. Other topics include the ABA’s accreditation rules and Concord’s use of technology to teach advocacy skills. 305. Tan, Cheng Han. “Challenges to Legal Education in a Changing Landscape—A Singapore Perspective.” Singapore Journal of International and Comparative Law 7 (2003): 545–78. In part V of this article, the author explores the impact of technology on teaching method at the National University of Singapore (NUS) law school. He also discusses the use of videoconferencing technology to create a virtual global classroom in which students from NUS and law schools in Canada, the United States, and Finland participate in courses taught by faculty from these partner law schools. 306. Tappenden, Sue. “Teaching Tertiary Level Law at Distance by Means of Technology Enabled Learning Strategies: A Case Study—The Diploma in Legal Executive Studies at The University of Waikato, New Zealand.” In ICOOL 2003: International Conference on Open and Online Learning, http:// icool.uom.ac.mu/2003/papers/file/Tappenden.pdf. The University of Waikato School of Law offers the Diploma in Legal Executive Studies by DL. This paper explains how resources are designed and deployed, using a mixture of media that includes a web site, computer-based tutorials, videoconferencing, and multimedia CD-ROMs. The author concludes that the program combines the best aspects of lecture and seminar teaching in a collaborative, supportive, active learning environment. 307. Van Haaren-Dresens, Ine. “Students as Legislators: Simulating the Making of an Act of Parliament by Collaborative Electronic Learning.” The Law Teacher: The International Journal of Legal Education 38 (2004): 202–12. (See entry no. 252.) 308. Wiseman, Patrick. “Lessons Virtually Learned.” Law Teacher 9 (Spring 2002): 11–12. The author discusses his online course on law and the Internet, describing the evolution of the course, Internet tools used, and lessons learned. 309. Woods, Robert H. “Order in the Virtual Law Classroom . . . Order in the Virtual Law Classroom: A Closer Look at American Law Schools in Cyberspace: Constructing Multiple Instructional Strategies for Effective Internet-based Legal Education.” Journal of Information, Law and Technology, 2001, no. 3, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2001_3/woods/. This comprehensive examination of the virtual classroom summarizes the ABA’s guidelines on DE and reviews the literature relating to delivery of quality online education. The author suggests methods for combining online instructional strategies to achieve pedagogical goals and transmit skills and values. Finally, he decries the absence of systematic research relating to delivery and assessment of online legal education and outlines designs for future research. 476 Law Library Journal [Vol. 100:3

Pedagogy

310. Ashley, Kevin D. “What I Told the Law and Computers Association of Japan About Information Technology in Law School Education.” University of Pittsburgh Law Review 62 (2001): 545–79. Ashley describes the use of technology in U.S. legal education and addresses three concerns of legal educators when designing and applying a technology- enhanced curriculum: (1) serving, rather than obstructing, pedagogical goals; (2) avoiding information overload; and (3) evaluating the technology. He also discusses his experiment with CATO (see entries no. 30, 33, and 34), an ITS that engages in dialogues and feedback to teach law students the skill of analogical legal argument. 311. Becker, David M. “Some Concerns About the Future of Legal Education.” Journal of Legal Education 51 (2001): 469–86. Becker argues that over-reliance on technology in legal education has shifted the pedagogical focus away from developing and processing analytical skills and toward delivering information as a product. The resulting depersonalization of communications promotes incivility and affects the ability of educators to prepare graduates for law practice. 312. Bintliff, Barbara. “Context and Legal Research.” Law Library Journal 99 (2007): 249–66. In this contribution to the Berring Symposium,23 Bintliff explores the consequences of the shift from hierarchical print resources to unlimited and unstruc- tured electronic resources. She explains how this transformation has changed the process of legal research and obliterated the shared context needed for effective communication in legal education and law practice. The author concludes that shared context can be restored by developing subject-based textbooks compatible with electronic research. 313. Boyle, Robin A. “Employing Active-Learning Techniques and Metacognition in Law School: Shifting Energy from Professor to Student.” University of Detroit Mercy Law Review 81 (2003): 1–30. Boyle describes the use of active learning strategies in legal education, focusing on metacognition as a subset of active learning. Discussing techniques that she employs in her own classes, she explains how technology can enhance learning, particularly for visual learners. 314. Caron, Paul L., and Rafael Gely. “Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning.” Journal of Legal Education 54 (2004): 551–69. This article responds to backlash against the use of technology in legal education. The authors present pedagogical reasons for creating an active-learning classroom and examine the criticism that technology impedes this goal. They describe how a combination of old and new technologies can engage students

23. Berring Symposium, supra note 10. 2008-22] Legal Education and Technology II 477

and minimize opportunities for distraction. Specifically, they discuss how they use handheld wireless transmitters in class to require student participation and to track student performance. 315. Cockburn, Tina, and Tracy Carver. “Online Skill Development for Generation Y Students: A Case Study of an Online Negotiation Model for External Law Students.” International Journal of Learning 13, no. 2 (2007): 81–91. (See entry no. 2.) 316. Crocker, Angela. “Developing a Strategy for Online Learning in South African Law Schools: The Legal Method Module Case Study.” In Proceedings of World Conference on Educational Multimedia, Hypermedia and Telecommunications 2004, edited by L. Cantoni & C. McLoughlin, 4916–21. Chesapeake, Va.: AACE, 2004. This conference paper examines the introduction of online learning into an undergraduate legal methods module at the Howard College School of Law, University of KwaZulu-Natal. The author first considers the requirements of the South African LL.B., pedagogical principles for legal teaching and learning, the opinions of students and lecturers, and the experiences of national institutions in implementing online learning technology into undergraduate law modules. She concludes by outlining a strategy for introducing and evaluating a comprehensive online learning environment at the Howard College School of Law. 317. Danner, Richard A. “Contemporary and Future Directions in American Legal Research: Responding to the Threat of the Available.” International Journal of Legal Information 31 (2003): 179–204. After discussing Duke Law School’s use of education technology and the ABA’s DL rules, Danner outlines DE opportunities in law schools and evaluates the availability of online legal information. He suggests that legal research instruction would benefit from a legal information literacy approach, which includes theoretical understanding, fluency with technology, and an understanding that legal literature is not always available online. 318. Field, Andrew. “Australian Study of Student Use of Course Website.” Law Teacher 10 (Spring 2003): 10–11. This is an early report on the author’s study of correlations between the performance of business students in a commercial law course at Monash University and the frequency of their visits to a WebCT site. (See entry no. 319.) His study revealed that, in the first six weeks of the semester, the top-performing students accessed the site more frequently than other students did. 319. Field, Andrew. “The Agency of Innovation: Subject Websites, Their Perceived Value and Student Performance.” Legal Education Review 14 (2004): 127–52. The author continues his investigation (see entry no. 318) into correlations between the frequency of student access to his commercial law WebCT site at Monash University and final performance in the course. After describing the course technologies, he discusses similar studies in other disciplines and presents his questionnaire results. He concludes that top-performing students tended to use the course technology more frequently than other students did. 478 Law Library Journal [Vol. 100:3

320. Goldman, Pearl, and Billie Jo Kaufman. “How to Push an Elephant Through a Straw: Using Wireless Technology in a Web-enhanced Skills Program.” International Review of Law, Computers and Technology 15 (2001): 281–99. (See entry no. 206.) 321. Halstead, Peter, Judith Evans, Brian Mitchell, and Stuart Williams. “Deep or Shallow Approaches to Study Taken by Undergraduate Distance Learning Law Students of the University of Wolverhampton.” The Law Teacher: The International Journal of Legal Education 36 (2002): 183–99. (See entry no. 276.) 322. Hanlon, James. “Time to Throw Away the Chalk? Law on ‘Blackboard,’” The Law Teacher: The International Journal of Legal Education 38 (2004): 41–54. Hanlon evaluates the use of the Blackboard VLE to deliver modules in European Community law and company law at Sheffield Hallam University in England. He measures this experience against Chickering and Gamson’s “Seven Principles for Good Practice in Undergraduate Education”24 and reports that there is little hard evidence that CAL can help weaker students achieve higher grades. 323. Hook, Peter A. “Creating an Online Tutorial and Pathfinder.” Law Library Journal 94 (2002): 243–63. This article explores the pedagogical reasons for a library to create online tutorials and pathfinders. The author explains how theories of cognition can be used to create interactive, multimedia learning environments that target multiple learning preferences. He also provides design suggestions and discusses how the lessons of educational psychology, web design, and information visualization and archi- tecture can help librarians to convey complex legal research methodologies and techniques. 324. Janda, Richard. “Teaching, Art and Technology.” International Journal of Technologies in Higher Education 1, no. 1 (2004): 33–37. Janda argues that technology has the power to change the aesthetic of art and teaching alike. After recounting his experience with teaching technologies at McGill University Faculty of Law, he urges law professors to accept the role that technique plays in their teaching. At the same time, he cautions faculty against dogmatically imposing the aesthetic changes engendered by technology, lest they allow technique to overwhelm pedagogical objectives and become an end in itself. 325. Jones, Chris, and Sefton Bloxham. “Networked Legal Learning: An Evaluation of the Student Learning Experience.” International Review of Law, Computers and Technology 15 (2001): 317–29. At Lancaster University Law School in England, students used Lotus Notes for inter-team negotiations and discussions in a required course. Reporting findings

24. Ar t h u r W. Ch i c k e r i n g a n d Ze l d a F. Ga m s o n , Se v e n Pr i n c i pl e s f o r Go o d Pr a c t i c e in Un d e r g r a d u at e Ed u c at i o n (1991), revised in Arthur W. Chickering and Stephen C. Ehrman, Implementing the Seven Principles: Technology as Lever, 49 Am. Ass ’n Hi g h e r Ed u c . Bu ll ., Oct. 1996, at 3. 2008-22] Legal Education and Technology II 479

from student interviews and survey data, the authors conclude that networked learning environments lead to greater variations in students’ experiences because they are more susceptible to disruption than traditional courses. Consequently, instructors must still monitor student activity continuously and intervene in a timely fashion. 326. Lasso, Rogelio. “From the Paper Chase to the Digital Chase: Technology and the Challenge of Teaching 21st Century Law Students.” Santa Clara Law Review 43 (2002): 1–62. Lasso argues that law teaching should adapt to the digital age to reach new learners whose exposure to online sources has changed the way they process information. He explores the pedagogical benefits of a technology-enhanced curriculum and provides practical advice for overcoming the obstacles of teaching with technology. 327. Lindblom-Ylanne, Sari, and Heikki Pihlajamaki. “Can a Collaborative Network Environment Enhance Essay-Writing Processes?” British Journal of Educational Technology 34, no.1 (2003): 17–30. This article reports on a study examining whether a collaborative VLE enhanced the essay writing skills of students at the University of Helsinki Faculty of Law. Using WebCT, students received feedback on drafts from their instructor and peers before rewriting their essays. The authors conclude that although the experience was beneficial, a less complicated collaborative network environment should be used. 328. Maharg, Paul, and Abdul Paliwala. “Negotiating the Learning Process with Electronic Resources.” In Effective Learning and Teaching in Law, edited by Roger Burridge, Abdul Paliwala, Karen Hinett, and Tracey Vamava, 81–104. London: Kogan Page Ltd., 2002. This book chapter considers the relationship between electronic learning resources and the pedagogy of legal education. Suggesting that deficiencies in classroom learning can be remedied by electronic resource-based learning, the authors discuss and evaluate experiments involving a virtual law school, online courses, and online resources used as teaching and learning supplements. They then propose guidelines for using electronic resource-based learning in legal education. 329. Maharg, Paul. “Professional Legal Education in Scotland.” Georgia State University Law Review 20 (2004): 947–76. This article explores the learning theories that have informed the spiral curriculum of Scotland’s graduate program of professional training and education. Among other topics, the author describes how the GGSL has used learning technology to integrate the teaching of doctrine and transactional skills by assigning students to virtual law firms, with clients, case files, and multimedia resources available in a virtual town on the web. 330. Maharg, Paul. “Virtual Communities on the Web: Transactional Learning and Teaching.” In Aan het werk met ICT in het academisch onderwijs: RechtenOnline, edited by Anton Vedder, 75–90. Nijmegen, Netherlands: Wolf Legal Publishers, 2004. 480 Law Library Journal [Vol. 100:3

This book chapter describes the background, development, and use of a web- based virtual community at the GGSL. The author outlines the context for ICT use, summarizes the school’s approach to teaching and learning with ICT, and describes the projects used to teach graduate students. Screenshots and student feedback are provided. 331. Maharg, Paul, and Antoinette J. Muntjewerff. “Through a Screen, Darkly: Electronic Legal Education in Europe.” The Law Teacher: The International Journal of Legal Education 36 (2002): 307–32. The authors survey the uses and effects of ICT in European legal education, focusing on the different approaches taken at Amsterdam University Faculty of Law and GGSL. They argue that ICT can introduce new methods of teaching and learning law by providing students with an environment in which they can manage legal information and knowledge. Concluding with a list of ICT projects that would promote the aims of the Sorbonne-Bologna process, the authors caution that ICT could constitute another divisive factor to overcome in harmonizing European legal curricula. 332. Marcel, Kathy. “Can Law Be Taught Effectively Online?” Law Teacher 10 (Spring 2003): 12–13. Responding to the titled question, Marcel outlines factors to consider when designing and delivering an effective online course in law. She concludes that online learning is a superior environment in upper-year courses if it is instructor- facilitated, student-centered, and interactive. 333. McNamara, Lawrence. “Flexible Delivery, Educational Objectives and the (Political) Importance of Teaching.” The Law Teacher: The International Journal of Legal Education 35 (2001): 198–215. McNamara suggests that pressures to develop online legal education are driven by corporate concerns with efficiency and market share. The risk is that decisions will be influenced by the availability of particular types of technology rather by pedagogical concerns. He explains how he replaced large class lectures in a first-year course in Australia with web-based alternatives that encourage critical, creative, and reflective learning. 334. Merritt, Deborah Jones. “Legal Education in the Age of Cognitive Science and Advanced Classroom Technology.” Boston University Journal of Science and Technology Law 14 (2008): 39–72. (See entry no. 108.) 335. Montgomery, John. “A Judicious Mix of Technology and Teachers: Online Teaching of Critical Thinking in Legal Education.” In Winds of Changing in the Sea of Learning, Proceedings of the 19th ASCILITE Conference, December 8–11, 2002, edited by Andy Williamson, Cathy Gunn, Alison Young, and Tony Clear, 857–60, Auckland, N.Z.: UNITEC Institute of Technology, 2002. This conference paper discusses the use of technology to develop critical thinking skills in law students in post-apartheid South Africa, focusing on changed student demographics as an impetus to adopt innovative teaching techniques. Such techniques would include using an online environment as an adjunct to classroom teaching and using judicial opinions as central texts for study. The 2008-22] Legal Education and Technology II 481

article concludes with suggestions for overcoming some of the disadvantages of online teaching in legal education. 336. Muttart, Daved M. “Power Point in Legal Education: Pedagogical Paradox— an Exploratory Study.” Osgoode Hall Law Journal 42 (2004): 303–16. (See entry no. 111.) 337. Newman, Marie Stefanini. “Not the Evil TWEN: How Online Course Management Software Supports Non-Linear Learning in Law Schools.” Journal of High Technology Law 5 (2005): 183–233. Newman reports on a survey of faculty usage of TWEN at Pace University School of Law and reviews empirical studies on the effects of technology on teaching and learning law. She concludes that, although technology facilitates communication and improves course administration, studies have not demonstrated that it enhances law school learning. She also discusses the use of web courses to support traditional classroom pedagogy and makes recommendations for implementing course management software at law schools. Appendices reproduce survey instruments. 338. Niedwiecki, Anthony S. “Lawyers and Learning: A Metacognitive Approach to Legal Education.” Widener Law Review 13 (2006): 33–72. This article explains how current methods of law teaching do not train students to transfer learned knowledge and skills to novel situations encountered in law practice. Niedwiecki proposes integrating metacognitive learning theory into the law school curriculum so that students may plan, monitor, and evaluate their learning. He also explains how to use technological tools, such as learning blogs, message boards, online quizzes and polls, and Microsoft Word’s comment function, to require students to articulate and monitor their learning process. 339. Ponte, Lucille M. “The Case of the Unhappy Sports Fan: Embracing Student- Centered Learning and Promoting Upper-Level Cognitive Skills Through an Online Dispute Resolution Simulation.” Journal of Legal Studies Education 23 (2006): 169–94. (See entry no. 239.) 340. Sherwin, Richard K., Neal Feigenson, and Christina Spiesel. “Law in the Digital Age: How Visual Communication Technologies are Transforming the Practice, Theory, and Teaching of Law.” Boston University Journal of Science and Technology Law 12 (2006): 227–70. (See entry no. 8.) 341. Simons, Spencer L. “Navigating Through the Fog: Teaching Legal Research and Writing Students to Master Indeterminacy Through Structure and Process.” Journal of Legal Education 56 (2006): 356–73. (See entry no. 243.) 342. Smith, Craig T. “Technology and Legal Education: Negotiating the Shoals of Technocentrism, Technophobia, and Indifference.” Journal of the Association of Legal Writing Directors 1 (2002): 247–58. Smith addresses three mindsets that prevent legal educators from assessing the pedagogical value of technological teaching aids: technocentrism, technophobia, and indifference. He explains how technology, when used ineffectively, can 482 Law Library Journal [Vol. 100:3

hinder learning. Observing that inequalities in academic freedom have caused many untenured faculty members to chart a middle course between politics and pedagogy, he calls for law schools to encourage all professors to engage in experimentation and to debate technology’s role in teaching. 343. Spencer, Maureen. “E-Learning and Ideology: A Post Modern Paradigm or Liberal Education Reborn?” Web Journal of Current Legal Issues, 2004, no. 4, http://webjcli.ncl.ac.uk/2004/issue4/spencer4.html. Acknowledging the inevitability of digital legal education and the dangers it presents for the learning environment, Spencer urges law faculty to maximize the value of e-learning by critically re-examining the theoretical underpinning of their teaching. She concludes that whether electronic delivery will enhance or diminish a learning environment depends in part upon the ability of legal educators to engage in the practical aspects of curriculum development while developing a sustained, coherent, and systematic ordering of educational theory. 344. Tan, Cheng Han. “Challenges to Legal Education in a Changing Landscape—A Singapore Perspective.” Singapore Journal of International and Comparative Law 7 (2003): 545–78. (See entry no. 305.) 345. Wangerin, Paul. “Technology in the Service of Tradition: Electronic Lectures and Live-Class Teaching.” Journal of Legal Education 53 (2003): 213–28. Wangerin argues that lecture-based teaching should be moved out of the classroom and into an electronic format so that class time can be used to develop students’ conceptual and critical thinking skills. He explains how the electronic lecture format can be supplemented by branching exercises, active learning assignments, and electronic discussions. He also offers suggestions for overcoming some of the difficulties encountered in delivering electronic lectures.

Law Schools Administrative Considerations

346. Griffith, Janice C. “The Dean’s Role in Managing Technology.”University of Toledo Law Review 33 (2001): 67–75. The dean of Georgia State University College of Law describes the challenges of deanship in the changing technological environment of instant communications and accessibility. She explores the effect of Internet connectivity not only on the classroom setting itself but also on the management of law schools. Topics include funding programs, training users, integration of technology staff, school structure, and planning for future technology. 347. Harbaugh, Joseph D. “Preparing Legal Information Managers for Practice in the Digital Age.” University of Toledo Law Review 33 (2001): 81–84. The author, dean of the Shepard Broad Law Center at Nova Southeastern University, looks back on the transformation of legal education over four decades. He discusses his own experiences as a law dean in meeting the challenges presented by IT and in harnessing its power to prepare graduates to become sophisticated information managers. 2008-22] Legal Education and Technology II 483

348. Polden, Donald J. “Planning and Decision-Making for Law School Information Technology.” Santa Clara Computer and High Technology Law Journal 18 (2002): 259–73. The former dean of the University of Memphis School of Law discusses challenges faced in planning for, implementing, and applying IT systems. Arguing that traditional law school decision-making and governance structures are inappropriate for the rapidly changing world of IT, he provides suggestions for improving technology decision-making in the law school. 349. White, Frederic. “The Trouble with Email: Suspect Every Negative Declaration.” University of Toledo Law Review 37 (2005): 191–94. (See entry no. 372.)

Law Faculty

350. Althouse, Ann. “Why a Narrowly Defined Legal Scholarship Blog is Not What I Want: An Argument in Pseudo-Blog Form.” Washington University Law Review 84 (2006): 1221–33. Writing in pseudoblog format for Harvard Law School’s Bloggership Symposium25 Althouse argues that law faculty should blog for the sheer joy of writing, without worrying about whether their blogs count as scholarship or advance their careers. Topics discussed include the dangers of free-form blogging for legal scholars, and the blog as conversation, calling card, and mechanism for self-discovery. 351. Balkin, Jack M. “Online Legal Scholarship: The Medium and the Message.” Yale Law Journal Pocket Part 116 (2006): 23–30, http://www.thepocketpart .org/2006/09/06/balkin.html. (See entry no. 474.) 352. Berman, Douglas A. “Scholarship in Action: The Power, Possibilities, and Pitfalls for Law Professor Blogs.” Washington University Law Review 84 (2006): 1043–60. In this contribution to the Bloggership Symposium,26 Berman advocates abandoning the debate over whether blogs constitute legal scholarship and instead considering whether scholarly blogs should be part of a law professor’s vocation. His essay reviews technology’s contributions to changes in legal scholarship norms and activities and discusses blogging as a means of improving the development and dissemination of scholarly ideas by law faculty. Acknowledging that blogging can become a time-consuming addiction, popularity contest, or burden, Berman concludes nevertheless that it is a preferred form of faculty activity. 353. Bintliff, Barbara. “What Can the Faculty Expect from the Library of the Twenty-first Century?” Law Library Journal 96 (2004): 507–24. (See entry no. 381.)

25. Symposium, Bloggership: How Blogs are Transforming Legal Scholarship, http://papers.ssrn.com/ sol3/JELJOUR_Results.cfm?form_name=journalbrowse&journal_id=890371 (last visited Apr. 11, 2008) [hereinafter Bloggership Symposium]. 26. Id. 484 Law Library Journal [Vol. 100:3

354. Black, Bernard S., and Paul L. Caron. “Ranking Law Schools: Using SSRN to Measure Scholarly Performance.” Indiana Law Journal 81 (2006): 83–127. Black and Caron explore whether SSRN measures for ranking the scholarly performance of law faculties can address some shortcomings in other published ranking systems. They summarize SSRN’s ranking measures, compare them to other ranking measures, such as reputation surveys, publication counts, and citation counts, and present studies of the download measure. They also discuss the manipulability of the SSRN downloads measure and SSRN’s current and likely future responses to this risk. 355. Brooks, Rosa. “What the Internet Age Means for Female Scholars.” Yale Law Journal Pocket Part 116 (2006): 46–51, http://www.thepocketpart .org/2006/09/20/brooks.html. As its title suggests, this essay describes challenges faced by female law professors engaged in scholarly writing. Brooks’ thesis—that women have less time for scholarship and the activities that promote scholarship—rests on two prem- ises: women spend more time engaged in care giving and housework, and the legal academy rewards scholarship above all else. She discusses the increased opportunities that the Internet, blogging in particular, provides female scholars, but cautions that the online world of legal scholarship may eventually mirror the gendered hierarchy of its offline counterpart. 356. Childs, Bill, and Lyndal Taylor. “You Can Lead a Horse to Water: Introducing On-Line Education.” University of Technology Sydney Law Review 3 (2001): 141–46. (See entry no. 53.) 357. Eisenberg, Theodore. “Assessing the SSRN-Based Law School Rankings.” Indiana Law Journal 81 (2006): 285–91. This article evaluates correlations among ranking systems for law schools ranked in the top ten or twenty as measured by SSRN downloads. Although SSRN downloads are highly correlated with other ranking systems for law schools, Eisenberg finds that the correlations are weaker when SSRN-based rankings are used to assess peer law schools competing for students and faculty. He suggests that SSRN’s automated data systems could be programmed to produce both pure ordinal rankings and other useful statistical outputs. 358. Felton, James, John Mitchell, and Michael Stinson. “Web-based Student Evaluation of Professors: The Relations Between Perceived Quality, Easiness and Sexiness.” Assessment and Evaluation in Higher Education 29, no. 1 (2004): 91–108. Using data from RateMyProfessors.com, the authors examined the relationships between Quality, Easiness, and Sexiness for 3190 professors at twenty-five universities. They report that students tend to give higher quality scores to professors offering easy courses and to professors perceived as sexy. The highest average quality scores appeared in the disciplines of law, languages, and education, which were also among the easiest and sexiest. The authors conclude that universities should reconsider their use of student opinion surveys as a valid measure of teaching effectiveness. 2008-22] Legal Education and Technology II 485

359. Felton, James, Peter T. Koper, John B. Mitchell, and Michael Stinson. “Attractiveness, Easiness, and Other Issues: Student Evaluations of Professors on RateMyProfessors.com.” Assessment and Evaluation in Higher Education 33, no. 1 (2008): 45–61. This article expands upon the authors’ earlier study of web-based evaluations of faculty on RateMyProfessors.com, which allows students to evaluate professors on quality, easiness, and attractiveness. (See entry no. 358.) The updated study includes results for law faculty. The authors report (a) strong positive correlations between Quality and Easiness and between Quality and Attractiveness, and (b) significant cultural differences by discipline and institution. They conclude that their study calls into doubt the relevance of in-class student evaluations to university measurements of the quality and effectiveness of teaching. 360. Haas, Stephen M., and Scott R. Senjo. “Perceptions of Effectiveness and the Actual Use of Technology-based Methods of Instruction: A Study of California Criminal Justice and Crime-related Faculty.” Journal of Criminal Justice Education 15 (2004): 263–85. This study examined the degree to which faculty members support and use classroom technologies in criminal justice and crime-related higher education. The study revealed greater support for technology when it is used to supplement rather than replace face-to-face instruction. It also found a weak relationship between effectiveness ratings and actual technology use by faculty, a result the authors attribute to faculty perceptions of inadequate incentives and administrative support. 361. Hemingway, Anna P. “The Ethical Obligations of Lawyers, Law Students, and Law Professors Telling Stories on Web Logs.” The Law Teacher: The International Journal of Legal Education 41 (2007): 287–302. Hemingway explores the question of whether the legal community should be gov- erned by ethical requirements when telling stories on law blogs. After discussing recent blog entries that raise potential ethical concerns, she examines the ethics of blogging in law and other professions and considers whether legal professionals have further obligations. Finally, she offers suggestions for teaching law students about the ethics of blogging. 362. Hurt, Christine, and Tung Yin. “Blogging While Untenured and Other Extreme Sports.” Washington University Law Review 84 (2006): 1235–55. This contribution to the Bloggership Symposium27 addresses the costs and benefits of pre-tenured blogging. The authors discuss the dangers to an untenured professor’s career, covering topics such as investment of time, distraction from scholarly activities, and risk of controversy, error, or negative exposure. They conclude, however, that the risks are outweighed by advantages such as the ability to network, gain exposure, contribute to traditional scholarship, and participate in dialogue. 363. Hutchinson, Terry, and Frances Hannah. “Training Needs for Law Teachers: Being Strategic.” Legal Education Review 13 (2002): 169–88.

27. Id. 486 Law Library Journal [Vol. 100:3

Two senior lecturers at QUT Faculty of Law address the controversial issue of mandating formal teaching qualifications for law faculty. Their article examines the training needs of legal academics in light of a new teaching environment that includes increased skills components, larger classes, flexible delivery, and sophisticated technology. They argue that a structured scheme of voluntary teaching improvement is more valuable than a formal accreditation scheme. 364. Jarvis, Robert M. “What Law Professors Will Want from Law Librarians in the Twenty-first Century.” Law Library Journal 96 (2004): 503–06. (See entry no. 405.) 365. Johnson, Andrea L. “Reconciling Copyright Ownership Policies for Faculty- Authors in Distance Education.” Journal of Law and Education 33 (2004): 431–56. An experienced distance educator explains how faculty may seek greater par- ity in ownership for their digitized lecture and course materials. Although not limited to legal educators, Johnson’s article addresses issues of interest to law schools, including CALI courseware, primary authority as course content, lecture material as intellectual capital, and the commercial value of online law courses. 366. Le Brun, Marlene. “Developing Multimedia Flexible Teaching and Learning Packages: Valuing New Genres of Legal Scholarship.” Journal of Information, Law and Technology, 2001, no. 3, http://www2.warwick.ac.uk/fac/soc/law/ elj/jilt/2001_3/lebrun. Legal academics often encounter obstacles when seeking recognition of their multimedia materials as a genre of scholarship. Le Brun explores the reasons for this difficulty, drawing on her own experience obtaining funds for her acclaimed multimedia learning package on professionalism. She underscores the inconsis- tency between the pressure for faculty to develop flexible learning materials and the failure of universities to promote and reward multimedia contributions to the scholarship of teaching. Le Brun concludes by outlining an agenda for change. 367. McGaugh, Tracy L. “Laptops in the Classroom: Pondering the Possibilities.” Perspectives: Teaching Legal Research and Writing 14 (2006): 163–65. (See entry no. 462.) 368. Maharg, Paul. “On the Edge: ICT and the Transformation of Professional Legal Learning.” Web Journal of Current Legal Issues, 2006, no. 3, http:// webjcli.ncl.ac.uk/2006/issue3/maharg3.html. Acknowledging the perceived threat posed by ICT to professional legal educators, Maharg suggests that the contextual challenges of teaching may actually enable faculty to adopt new technologies. He uses the example of the incremental development of an online discussion forum to propose that law faculty create their own community of research and practice in which they may experiment and learn from each other. 369. Ohm, Paul. “Do Blogs Influence SSRN Downloads? Empirically Testing the Volokh and Slashdot Effects.” University of Colorado Law Legal Studies Research Paper No. 07-15, 2007, http://ssrn.com/abstract=980484. (See entry no. 517.) 2008-22] Legal Education and Technology II 487

370. Snyder, Franklin G. “Late Night Thoughts on Blogging While Reading Duncan Kennedy’s Legal Education and the Reproduction of Hierarchy in an Arkansas Motel Room.” NEXUS: A Journal of Opinion 11 (2006): 111–25. In this opinion piece, Snyder contrasts Duncan Kennedy’s Legal Education and the Reproduction of Hierarchy28 with changes to law school hierarchies brought about by the Internet. He demonstrates how CT has eroded the control of hierarchies over information and dialogue by enabling faculty to network, develop communities, and disseminate information and scholarship. In particular, he addresses the influence of academic blogs, which encourage dialogues outside the official channels of legal education. This phenomenon, Snyder suggests, might lead to a breaking down of caste. 371. Volokh, Eugene. “Scholarship, Blogging and Trade-offs: On Discovering, Disseminating, and Doing.” Washington University Law Review 84 (2006): 1089–1100. Volokh’s contribution to the Bloggership Symposium29 analyzes the ways in which blogging can promote traditional academic work. Blogging provides an audience for dissemination of research, a community that provides feedback on scholarship, and a process for making, distributing, and reflecting on discoveries. Concluding, he observes that academics blog because they enjoy it. For those who wish to write articles for publication in prominent places, blogging is an inefficient use of time. 372. White, Frederic. “The Trouble with Email: Suspect Every Negative Declaration.” University of Toledo Law Review 37 (2005): 191–94. The author writes about the most daunting challenge he faced in his first year as dean of the Golden Gate University School of Law: taming the e-mail onslaught. In this brief article, Dean White explains his acronym for the “SEND” button and outlines his eight simple rules for e-mail use.

Law Libraries and Librarians

373. Ableson, Serena. “Bringing Legal Education to the Canadian Arctic: The Development of the Akitsiraq Law School and the Challenges for Providing Library Services to a Non-Traditional Law School.” International Journal of Legal Information 34 (2006): 1–30. This article discusses the Akitsiraq Law School, which was developed to deliver legal education in Canada’s Nunavut territory. After addressing the rationale for an Arctic law school and the unique curriculum developed to reflect Inuit values and customs, the author focuses on the challenges of working as a reference librarian delivering distance library services to Nunavut from the University of Victoria Faculty of Law in British Columbia. 374. Anonymous. “A Funny Thing Happened on the Way to the Web: A Cautionary Tale of Plagiarism.” Law Library Journal 93 (2001): 525–28.

28. Du n c a n Ke n n e d y , Le g a l Ed u c at i o n a n d t h e Re p r o d u c t i o n o f Hi e r a r c h y : A Po l e m i c Ag a i n st t h e Sy st e m : A Cr i t i c a l Ed i t i o n (2004). 29. Bloggership Symposium, supra note 25. 488 Law Library Journal [Vol. 100:3

Electronic publishing increases not only the danger that law libraries will publish plagiarized research guides but also the likelihood that the theft will be discov- ered. The author recounts the experience of finding one’s own work featured on the web site of an academic law library, with two other law librarians claiming authorship. Relating the subsequent confrontation, distress, and embarrassment, Anonymous calls for increased vigilance by law libraries and recommends steps they can take to prevent publication of plagiarized work. 375. Balleste, Roy, and Gordon Russell. “Implementing Virtual Reference: Hollywood Technology in Real Life.” Computers in Libraries 23 (April 2003): 14–18. In March 2002, Florida’s St. Thomas University Law Library and Nova Southeastern University Law Library and Technology Center formed a consortium to plan a virtual reference desk service. The authors discuss the library directors’ decision-making process in selecting, implementing, and administering the first virtual reference project in an academic law library. 376. Balleste, Roy. “A Hypothetical Case Study: Creating AI Assistants in the Law Library.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 47–56. (See entry no. 36.) 377. Balleste, Roy. “Technology Trends in Law Libraries.” In Law Librarianship in the Twenty-First Century, edited by Roy Balleste, Sonia Luna-Lamas, and Lisa Smith-Butler, 147–64. Lanham, Md.: The Scarecrow Press Inc., 2007. Written for students of library and information science, this book chapter addresses existing and emerging technologies in law libraries, including wireless technology, AI, virtual reference desks, case management software, and CALI. Balleste also discusses the role of the electronic services librarian and predicts that the quantum computer could appear on campuses by 2015. 378. Balleste, Roy, Jason Rosenberg, and Lisa Smith-Butler. “Podcasting, Vodcasting, and Law Libraries: How to Understand the Newest ‘It’ Technology and Use It In Your Library.” AALL Spectrum 10 (June 2006): 8–10. (See entry no. 260.) 379. Barber, Marianne. “Exploiting Connections—The Modern Law Library within a Virtual Learning Environment.” Legal Information Management 4 (2004): 232–35. Responding to the question whether academic law libraries should channel library resources through a VLE or continue developing library web pages as separate gateways, Barber addresses the pros and cons of each environment. She calls for librarians to share resources and experiences so that the labor-intensive learning curve for VLEs can be made manageable. 380. Barkan, Steven M. “ABA Accreditation Considerations.” In The Future of Law Libraries: Selected Articles from a Symposium on the Impact of Technology on Law Libraries and Law Classrooms of the Future, March 10–11, 2005, Amelia Island, Florida 27–31. St. Paul, Minn.: West, 2006, available at http:// west.thomson.com/pdf/librarian/Future_Law_Libraries_White_Paper.pdf. 2008-22] Legal Education and Technology II 489

The real obstacle to the technological development of the academic law library is not the ABA standards or the accreditation process but rather the assumptions made and strategies adopted by law schools and their libraries when they interpret the standards and participate in reaccreditation. This essay addresses these assumptions and strategies and their implications for law schools. 381. Bintliff, Barbara. “What Can the Faculty Expect from the Library of the Twenty-first Century?” Law Library Journal 96 (2004): 507–24. Exploring the effect on faculty of transformation in the twenty-first-century law library, the author predicts that change will include multiple formats for materials, faculty customized databases, specialized library collections, interlibrary cooperation, 24-hour reference services, and library research assistants who will provide instruction to faculty and students. 382. Bravy, Gary J., and K. Celeste Feather. “The Impact of Electronic Access on Basic Library Services: One Academic Law Library’s Experience.” Law Library Journal 93 (2001): 261–68. The authors report on a study that documented decline in circulation, shelving, and photocopying at Georgetown University Law Library over a ten-year period. Concluding that these declines are at least partly attributable to the increased availability of electronic resources, they call for academic law libraries to use evaluation techniques that more accurately reflect research activity. 383. Brescia, William, James Jackson, Timothy Tarvin, and Christopher Ott. “Designing and Developing Web-Based Continuing Legal Education.” Legal Reference Services Quarterly 23, no. 2–3 (2004): 171–92. This article describes how an academic law librarian and an educational technology class collaborated to produce an asynchronous online CLE course titled “Legal Research on the Web.” The authors discuss the design, content, and delivery of the interactive course and address the relationship between online learning theory and its application. They conclude that both the practicing bar and the University of Arkansas Law School gained a valuable educational resource. Graphical examples are included. 384. Callister, Paul D. “Beyond Training: Law Librarianship’s Quest for the Pedagogy of Legal Research Education.” Law Library Journal 95 (2003): 7–45. Callister re-examines the debate over the process and bibliographic approaches to legal research instruction, arguing that mere bibliographic instruction will not meet students’ needs in the age of CALR. He advocates using frameworks to facilitate the acquisition of legal research skills. 385. Cheney, Kristen. “Marketing Law Libraries: Strategies and Techniques in the Digital Age.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 281–99. Academic law librarians are increasingly called upon to offer, promote, and teach new technologies. To assist them in these endeavors, Cheney summarizes essential marketing principles and explains how to devise an effective marketing plan that addresses the needs of the diverse constituencies serviced by academic law libraries. 490 Law Library Journal [Vol. 100:3

386. Chiorazzi, Michael. “Books, Bytes, Bricks and Bodies: Thinking About Collection Use in Academic Law Libraries.” Legal Reference Services Quarterly 21, no. 2–3 (2002): 1–28. Chiorazzi maintains that academic law libraries meet over 80% of research needs with the 20% of their collections that are available online. He explores how this development may affect budgetary decisions, concluding that large print collections may become harder to defend. 387. Clinch, Peter. “From Ownership to Access: The Changing Role of Law Libraries in UK Legal Education.” The Law Teacher: The International Journal of Legal Education 40 (2006): 254–78. Clinch explores developments in U.K. academic law libraries since the 1960s, examining the reasons for change and the impact on services. He identifies critical changes in each decade and addresses challenges presented by IT developments, including CALR and VLEs. 388. Danner, Richard A. “Strategic Planning for Distance Learning in Legal Education: Initial Thoughts on a Role for Libraries.” Legal Reference Services Quarterly 21, no. 2–3 (2002): 69–85. Danner discusses current opportunities for distance legal education and the logistical and support issues faced by law libraries when serving remote learners. Observing that a successful DL program requires participants to develop a sense of community, he cautions academic law librarians not to overlook their critical role in building virtual communities when responding to changes in the information and educational environments. 389. De Jong, Mark. “A Response to a ‘Modest Proposal,’” Law Library Journal 97 (2005): 193–96. This article responds to Professor Jarvis’s prediction (see entry no. 405) that law librarians will become obsolete in the twenty-first century, victims of their own success, because their assistance will not be needed to support faculty’s scholarly activities. De Jong argues that the opposite is true: the increase in online services and digitized content will only amplify the need for the services of law librarians as information professionals. 390. Duguid, Paul. “The Social Life of Legal Information: First Impressions.” First Monday 7, no. 9 (2002), http://www.firstmonday.org/issues/issue7_9/duguid/ index.html. Although IT has transformed academic law libraries, legal education has remained essentially unchanged. Duguid explains this paradox in terms of scholarly communities, suggesting that the socialization process upon which classroom learning depends is considered incompatible with technology. This conservatism has in turn allowed libraries to innovate by releasing them from some community-building obligations. The author predicts that, as technology is integrated into legal education, the resulting social and communal gaps will be filled by law libraries and librarians. 391. Edmonds, Edmund P., and Margaret Maes Axtmann. “A Law Library in the New Century: The Creation of the University of St. Thomas Law Library.” Legal Reference Services Quarterly 21, no. 2–3 (2002): 177–88. 2008-22] Legal Education and Technology II 491

Charged with creating a new academic law library at the University of St. Thomas School of Law, the authors devised a collection development policy that balanced print and microform resources with electronic access. This article explains their decision-making process and explores their collection development plan in light of their conclusion that a totally digital environment was undesirable. 392. Eichen, Marc. “Oil and Water? Can IT and Library Staffs Work as One?” In The Future of Law Libraries: Selected Articles from a Symposium on the Impact of Technology on Law Libraries and Law Classrooms of the Future, March 10–11, 2005, Amelia Island, Florida, 58–67. St. Paul, Minn.: West, 2006, available at http://west.thomson.com/pdf/librarian/Future_Law_ Libraries_White_Paper.pdf. Eichen explores the possibility of greater cooperation between academic law librarians and IT professionals, offering suggestions for resolving conflicts between their divergent values. He recommends that the ABA include IT staff on accreditation teams and identify the number of IT professionals required to provide service to the law school community. 393. French, Thomas R. “Law Librarians and Library Design, Construction, and Renovation: An Annotated Bibliography and Review of the Literature.” Law Library Journal 98 (2006): 99–155. This annotated bibliography provides a starting point for academic law librarians to study literature on recent construction and renovation projects before embark- ing on similar projects. Included is a discussion about the impact of technology on designing and building new or renovated library space. 394. Furnish, Carol. “Evaluating Electronic Instruction Services.” Legal Reference Services Quarterly 18, no. 4 (2001): 7–22. Fifteen regional academic law libraries participated in a survey of electronic instruction. The survey results reported here provide insights into the current state of electronic instruction in academic law libraries, including a growing concern among librarians as to when and how best to provide CALR instruction. 395. Gay, W. David, and Jim Jackson. “Creating and Using Web Resources to Train Attorneys: An Experience with the State Bar.” Legal Reference Services Quarterly 19, no. 1–2 (2001): 57–74. Two academic law librarians collaborated with a practicing attorney to deliver a web-based CLE program on Internet legal research. The authors share the challenges faced and insights gained while delivering their program at several locations in Arkansas. They discuss future directions for this web-based instructional training, stressing the importance of dependable technical support and control of the process and environment. 396. Germain, Claire M. “Legal Information Management in a Global and Digital Age: Revolution and Tradition.” International Journal of Legal Information 35 (2007): 134–63. In this survey of public policy issues affecting digital libraries, Germain explores trends such as Web 2.0, discusses preservation of and access to digital legal information, and reviews the impact of globalization and the Internet on legal informa- 492 Law Library Journal [Vol. 100:3

tion, open access scholarship, and digitization projects. She also discusses new roles for librarians as quality evaluation experts, legal research teachers, and information policy advocates. 397. Germain, Claire M. “Web Mirror Sites: Creating the Research Library of the Future, and More. . . . “ Legal Reference Services Quarterly 21, no. 2–3 (2002): 87–104. Germain addresses the difficulties involved in maintaining long-term access to digital legal information, focusing on the risk that content will be lost when web sites change or disappear. After describing Cornell Law Library’s experience maintaining mirror sites of the International Court of Justice and the International Labor Organization, she proposes that law libraries collaborate in developing academic mirror sites that will preserve official databases on local servers. 398. Grey, Debbie. “Legal Reference Services: An Annotated Bibliography.” Law Library Journal (2005) 97: 537–64. This annotated bibliography reviews the literature about the law librarian’s role in providing legal reference services and teaching legal research. Included are several references to articles addressing the intersection of legal education and technology. 399. Haugen, Betty. “The Impact of Globalization on Law Libraries.” International Journal of Legal Information 33 (2005): 471–78. This article reviews trends in academic law librarianship resulting from the globalization of information and communication. Haugen addresses the implications of these trends for policies, collections, and services, as well as technology tools, user education, physical space, staff development, and the librarian’s role in academic law libraries. She also stresses the need to network on national, regional, and international levels. 400. Hazelton, Penny. “Configuration of the Law Library of the Future.” In The Future of Law Libraries: Selected Articles from a Symposium on the Impact of Technology on Law Libraries and Law Classrooms of the Future, March 10–11, 2005, Amelia Island, Florida 44–57. St. Paul, Minn.: West, 2006, available at http://west.thomson.com/pdf/librarian/Future_Law_Libraries_ White_Paper.pdf. Hazelton predicts increased space needs for the law library facility of the future. A primarily digital environment will require additional space for not only servers, network hardware, backup systems, and printing, but also the larger staff needed for e-training, digitizing, creating and maintaining databases and web sites, and serving the informational needs of faculty, students, and other library users. The mixture of tangible and digital media will also require more work space for users. 401. Hemmens, Ann. “Advanced Legal Research Courses: A Survey of ABA- Accredited Law Schools.” Law Library Journal 94 (2002): 209–37. Reporting the results of a survey of ABA-accredited law schools, Hemmens discusses, among other topics, the increased use of instructional technology in the advanced legal research classroom. Instructional formats examined include 2008-22] Legal Education and Technology II 493

PT, web pages, the Internet, listservs, computer laboratory sessions, and in-class demonstrations of electronic resources. 402. Hoffman, Marci. “Developing an Electronic Collection: The University of Minnesota Human Rights Library.” Legal Reference Services Quarterly 19, no. 3–4 (2001): 143–55. The University of Minnesota Human Rights Library hosts one of the largest collections of human rights documents available on the web. Hoffman reviews the expansion of this electronic collection, focusing on its development, maintenance, and use. 403. Hook, Peter A. “Creating an Online Tutorial and Pathfinder.” Law Library Journal 94 (2002): 243–63. (See entry no. 323.) 404. Howard, Paul E., and Renee Y. Rastorfer. “Do We Still Need Books? A Selected Annotated Bibliography.” Law Library Journal 97 (2005): 257–83. This comprehensive bibliography provides an annotated list of books, articles, and Internet sources dealing with the question of whether libraries need materials in both electronic and print formats. Included are several sources addressing this issue in academic law libraries. 405. Jarvis, Robert M. “What Law Professors Will Want from Law Librarians in the Twenty-first Century.” Law Library Journal 96 (2004): 503–06. Jarvis predicts that academic law libraries and librarians will become obsolete in the twenty-first century. His thesis is simple, though controversial. As online services and digitized content increase, librarians will teach faculty members to become self-sufficient. At the same time, law schools face mounting pressure to keep tuition costs down, particularly as they compete with online law schools. The expense of maintaining a physical library will become increasingly difficult to justify, and law librarians will be victims of their own success. 406. Jayasuriya, H. Kumar Percy, and Frances M. Brillantine. “Student Services in the 21st Century: Evolution and Innovation in Discovering Student Needs, Teaching Information Literacy, and Designing Library 2.0-Based Services.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 135–70. Academic law libraries can use survey tools, including LibQUAL+, to track the effect of technology on the evolving library needs of law students. The authors examine relevant literature, provide guidelines for designing surveys and information literacy tutorials, and offer suggestions for incorporating interactive Library 2.0 principles into library services. Appendices include sample survey questions. 407. Justiss, Laura. “A Survey of Fee-Based Web Subscriptions in Academic Law Libraries.” Law Library Journal 95 (2003): 383–401. Reviewing the results of a survey of academic law libraries, the author analyzes the proliferation of fee-based web subscriptions in U.S. law school libraries. She concludes that law school ranking and size had negligible impact on subscriptions for the most popular fifteen titles and that law libraries prefer spending budgets on finding tools rather than on foreign or international law sources. 494 Law Library Journal [Vol. 100:3

408. Kane, Mary Kay. “Technology and the Law School Librarian of the Twenty- First Century.” Law Library Journal 95 (2003): 427–30. Dean Mary Kay Kane outlines seven areas involving law school technology in which library directors can play a leading role and help law schools develop a unique position in today’s competitive marketplace. These areas include collection planning, budget and cost containment, space and library configuration, faculty training, e-scholarship, student training, and technology supervision in classrooms and law journals. 409. Keene, Deborah M., and Holliday Gordon. “Law Library Tours in the Information Age.” Legal Reference Services Quarterly 19, no. 1 (2001): 99–114. An e-mail survey of law librarians in academia and law practice reveals how they handle technological challenges when conducting audiotaped, videotaped, physical, and virtual library orientation tours. The authors consider the types of additional instruction required during orientation, examine perceived effectiveness of library tours, and provide guidelines for tours. 410. Kribble, Meg. “A Law Librarian’s Second Life.” AALL Spectrum 12 (November 2007): 12–15. In January 2007, the Nova Southeastern University Law Library and Technology Center became the first academic law library in Second Life, a 3-D virtual world and social networking platform. The author discusses the process of creating virtual library space in Second Life, the technological requirements and obstacles, and development and expansion of the virtual collection. She also explores Second Life’s use as an educational tool for mock trials, doctrinal courses, and distance education, and explains how educators can get started. 411. Lee, Leslie A., and Michelle M. Wu. “Do Librarians Dream of Electronic Serials? A Beginner’s Guide to Format Selection.” The Bottom Line: Managing Library Finances 15, no. 3 (2002): 102–09. Focusing on collection development in academic law libraries, the authors review five factors that enter into the decision whether to select print, microform, or electronic formats: content, functionality, longevity, users, and cost. 412. Lee, Sarah Hooke. “Preserving Our Heritage: Protecting Law Library Core Missions Through Updated Library Quality Assessment Standards.” Law Library Journal 100 (2008): 9–38. Although academic law libraries have evolved to include both electronic and print resources, the ABA’s accreditation principles reflect a traditional print paradigm that Lee argues no longer captures the multiple missions of twenty-first-century libraries. She explains why proposed reforms are insufficient and offers suggestions for law librarians to develop new assessment techniques that effectively evaluate the post-print law school library and preserve its core missions. 413. Linz, Robert M. “Making Electronic Resources Available to Patrons.” Legal Reference Services Quarterly 19, no. 1–2 (2001): 115–32. As law schools redesign their web sites to permit student access to classroom and administrative materials, law libraries are increasingly called upon to expand their electronic collections. This, in turn, requires sophisticated delivery systems. 2008-22] Legal Education and Technology II 495

Linz reviews various technology options for delivery, provides design guidelines for building an Internet or intranet site, and explains how to use database-driven tools to create an integrated electronic environment. 414. Maharg, Paul. “Transactional Legal Learning on the Web.” Legal Information Management 2 (2002): 26–33. (See entry no. 71.) 415. Makdisi, John. “Improving Education-Delivery in the Twenty-First Century: The Vital Role of the Law Librarian.” Law Library Journal 95 (2003): 431–34. Arguing that globalization and the demand for practice-oriented education require better methods of education-delivery than the traditional classroom provides, Dean Makdisi explores the role of law librarians in addressing the discon- nect between technological advances and the Socratic method. 416. Makri, Stephann, Ann Blandford, and Anna L. Cox. “Studying Law Students’ Information Seeking Behaviour to Inform the Design of Digital Law Libraries.” Joint Conference on Digital Libraries, 2006, http://www.uclic.ucl.ac.uk/ events/dl-cuba2006/papers/Makri.pdf. The authors relate findings from their study, consisting of interviews and observations of law students using digital law libraries. They report that student difficulty with electronic research stems from an incomplete understanding of the coverage of specific digital systems and an inability to formulate efficient queries for specific systems. They conclude that their findings underscore the need for integrated knowledge support in digital law libraries. Future work with faculty, research staff, and law librarians is previewed. 417. Makri, Stephann, Ann Blandford, and Anna L. Cox. “Investigating the Information-seeking Behaviour of Academic Lawyers: From Ellis’s Model to Design.” Information Processing and Management, 2007, http://www.uclic .ucl.ac.uk/annb/docs/smabacIPMpreprint.pdf. The authors update their earlier work (see entry no. 416), positing that digital law library design can be improved by using information-seeking models to analyze users’ research behavior. They report findings from interviews and observations of law students, faculty, and research staff while using LexisNexis, Westlaw, Google, and Google Scholar. After discussing methodology and results, the authors discuss the research activities identified and suggest designs to help digital law libraries support particular research conduct. They conclude that promoting a user-oriented design process will make electronic legal research and research systems more intuitive and easier to use. 418. Margeton, Stephen G. “Law Library Design Bookshelf—An Annotated Bibliography.” Law Library Journal 97 (2005): 77–101. Margeton provides an annotated list of books, book chapters, reports, and articles related to law library design. Included are many sources dealing with technology considerations relevant to academic law libraries, such as computer labs, microform, space-saving technology, and network and telecommunication systems. 496 Law Library Journal [Vol. 100:3

419. Matheson, Scott, and Stephanie Davidson. “The Evolution of Providing Access to Information: Is the Online Catalog Nearing Extinction?” Legal Reference Services Quarterly 26, no 1–2 (2007): 57–89. Advances in the world of IT have significantly changed the expectations of academic law library patrons and the ways in which they access legal information. The authors explore potential avenues for innovation in the online catalog, drawing on service models used by Amazon.com and other successful online retailers. After examining advantages and disadvantages of these models, they propose ways in which academic law libraries might employ similar services. 420. Milles, James G. “Out of the Jungle: How to Get Beyond the Digital v. Print Debate—and Deal with the Fact that Digital Won.” AALL Spectrum 9 (February 2005): 10–11, 16. (See entry no. 229.) 421. Milles, James G. “Leaky Boundaries and the Decline of the Autonomous Law School Library.” Law Library Journal 96 (2004): 387–423. Milles examines the long-held view that the academic law library should be autonomous from the university library system. He argues that budgetary pressures and technological advances, such as automation, electronic data retrieval, electronic journals, digital archives, and virtual library consortia, have made interlibrary collaboration both possible and essential. He concludes that con- tinued insistence on autonomy may compromise the information needs of the academic legal community. 422. Milunovich, Kent. “Designing and Maintaining Law Library Websites: Some Practical Considerations.” Law Library Journal 94 (2002): 487–508. The author explores the design and maintenance of general and academic law library web sites and reviews elements typically incorporated in such sites. Appendices list resources of interest to law library webmasters, tables elaborat- ing on the principles discussed in the article, and the results of a survey of elements present on law library web sites. 423. Most, Marguerite. “Electronic Journals in the Academic Law Library—Law Reviews and Beyond.” Legal Reference Services Quarterly 21, no. 4 (2002): 189–256. This article examines the issues facing academic law librarians as they provide electronic access to legal scholarship. Topics include the preservation of digital formats, the hidden costs of e-journals, and counting e-journals. After considering how scholars in other disciplines use the Internet to explore publishing opportunities, the author discusses advances in legal publishing, such as LSN, LEDA, and Global Jurist. 424. Murley, Diane. “Podcasts and Podcasting for Law Librarians.” Law Library Journal 99 (2007): 675–80. In her introduction to podcasts, Murley explains how this technology can be used to deliver library services, including library tours and legal research instruction. Her list of suggested podcasts encompasses podcasts dedicated to legal research, legal education, law libraries, and law librarians. 2008-22] Legal Education and Technology II 497

425. Murley, Diane. “Mind Mapping Complex Information.” Law Library Journal 99 (2007): 179–83. (See entry no. 137.) 426. Nevers, Shawn G. “Candy, Points, and Highlighters: Why Librarians, Not Vendors, Should Teach CALR to First-Year Students.” Law Library Journal 99 (2007): 757–69. (See entry no. 235.) 427. Novak, Jan Ryan, and Leslie A. Pardo. “The Evolving Nature of Faculty Publications.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 209–32. Trends in faculty scholarship, including blogs, podcasts, and open access initiatives, require librarians to archive, organize, aggregate, preserve, disseminate, and facilitate access to content. Responding to these trends, the authors address the law library’s role in managing, preserving, and disseminating faculty scholarship. They also offer practical suggestions for creating an access tool for faculty publications. 428. Paulus-Jagric, Deborah. “Online Law Library Maps.” Law Library Journal 98 (2006) 691–702. The author accessed the web pages of 190 academic law libraries to determine which had linked their online library maps to Online Public Access Catalog (OPAC) locations. After summarizing her findings, she analyzes the components of successful online law library maps and provides advice for designing maps that allow law students to become familiar with a library’s physical structure and resources. 429. Pengelley, Nicholas. “Reaping the Digital Dividend: Is It Time to Take the Great Leap?” International Journal of Legal Information 34 (2006): 513–25. Pengelley discusses the impact of technology on academic law libraries from 2001 to 2006. He considers the effect, in particular, of law student demand for electronic sources, availability of online legal resources, and the creation and use of RSS feeds, wikis, blogs, and web sites by faculty and students. Finally, he addresses issues presented by cancellation of print subscriptions and describes the digital law library of the future. 430. Pengelley, Nicholas. “We Know What We Are: Another Year in the Digital Millennium.” Canadian Law Library Review 29 (2004): 79–82. Reviewing the impact of technological change on Canadian academic law libraries, Pengelley focuses on wireless communications and remote access to online legal databases. He also discusses changes designed to make the physical library a comfortable space for students who might otherwise choose to study and research from home. 431. Pengelley, Nicholas. “Not a Box but a Window: Law Libraries and Legal Education in a Virtual World.” Canadian Law Libraries 26 (2001): 58–60. This article introduces a conference, held at the University of Toronto’s Bora Laskin Law Library, to consider how law libraries should evolve to enhance legal education during rapid technological change. 498 Law Library Journal [Vol. 100:3

432. Pengelley, Nicholas. “The Virtual Law School Library.” International Journal of Legal Information 29 (2001): 615–42. (See entry no. 542.) 433. Peoples, Lee F. “The Death of the Digest and the Pitfalls of Electronic Research: What’s the Modern Researcher to Do?” Law Library Journal 97 (2005): 661–79. This article reports the results of a study into the research abilities and preferences of students in an advanced legal research course at Oklahoma City University School of Law. Concluding that law students have no strategies to compensate for the shortcomings of electronic research, the author calls on librarians to become more involved in electronic database instruction, to integrate information literacy into the curriculum, and to advocate for improvements to electronic databases. 434. Power, Gerry. “Visit to the Faculty of Law in the University of Jos, Nigeria.” Legal Information Management 7 (2007): 17–19. An academic law librarian writes about his visit to a Nigerian law school to teach Internet legal research to law faculty. After describing the technology infrastructure at the law school, he relates his experience running online workshops inter- rupted by frequent electricity shortages. 435. Prager, Susan Westerberg. “Law Libraries and the Scholarly Mission.” Law Library Journal 96 (2004): 513–24. Addressing the role of academic law libraries in preserving electronic materials for legal scholarship, Prager explores two obstacles to meeting the challenge of digital preservation. First, law libraries need to hire multidisciplinary professionals skilled in law and information science without lengthening training and increasing the cost of education. Second, law schools must collaborate across disciplines and professions without being impeded by a tradition of law library autonomy. 436. Raper, Diane. “The Present and Future for Lawlinks.” Legal Information Management 7 (2007): 30–34. Lawlinks is a portal developed, updated, and maintained by academic law librarians at the University of Kent. This essay describes the ongoing project to update Lawlinks, ensure working links, establish new links, and make the site more user- friendly to Kent law students and other users. 437. Russell, Gordon. “Re-Engineering the Law Library Resources Today for Tomorrow’s Users: A Response to ‘How Much of Your Print Collection Is Really on WESTLAW or LEXIS-NEXIS?’” Legal Reference Services Quarterly 21, no. 2–3 (2002): 29–54. In her seminal article, Penny Hazleton argued that larger library space was needed for the University of Washington Law Library’s print collection because only 13% of its volumes were on Westlaw and LexisNexis.30 Here, Russell con-

30. See Penny A. Hazelton, How Much of Your Print Collection Is Really on WESTLAW or LEXIS- NEXIS?, 18 Le g a l Re f e r e n c e Se rv i c e s Q., vol. 3, no. 1, 1999, at 18. 2008-22] Legal Education and Technology II 499

tends that outmoded space designs for print collections must be re-examined in light of available digital resources and usage patterns of patrons. He calls for law librarians to plan and implement a strategy that recognizes the significance of technology. 438. Sandwell-Weiss, Leah. “The Evolution of Law Library Support to Law School Administrative and Staff Offices: What We Are Doing and Why.” Legal Reference Services Quarterly 26, no. 1-2 (2007): 233–51. This article examines what academic law librarians are doing to support law school administrative and staff offices. Included is a discussion of development of content for law school web sites and a review of the costs and benefits of expanding such services. 439. Schilt, Margaret A. “Faculty Services in the 21st Century: Evolution and Innovation.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 187–207. As faculty needs have changed, so have the type of library services offered to faculty and the methods of delivery. Schilt addresses challenges faced by law librarians serving law faculty in the twenty-first century. She compares results from surveys of faculty services in 2000 and 2006 and analyzes trends for the future. Technology topics include providing electronic current awareness sources, testing and evaluating information and instructional technology, providing electronic resource training, and creating and operating library blogs and web sites. 440. Selby, Courtney. “The Evolution of the Reference Interview.” Legal Reference Services Quarterly 26, no. 1–2 (2007): 35–46. Time and technology have changed the ways in which reference interviews are conducted by academic law libraries. Selby traces the history of the reference interview, from traditional face-to-face methods to current software-mediated interviews. She concludes that although evolving technology has not inspired a unified move to virtual reference, the ultimate goal of meeting users’ IT needs has not changed. 441. Sibanda, Mondli. “Challenges for Legal Information Provision in Undergrad- uate Education: The University of Zimbabwe Law Library.” International Journal of Legal Information 32 (2004): 383–89. Sibanda outlines challenges facing the University of Zimbabwe Law Library and the faculty teaching legal information literacy to an expanding body of undergraduate law students. Topics include changing patron expectations, increased pressure to provide support and training for electronic products, connectivity problems, a shortage of hardware and software, and funding reductions. The author concludes by calling for the creation of an African Association of Law Librarians. 442. Simoni, Christopher, and Robert Richards. “But Why Do You Need the Walls?” AALL Spectrum 12 (December 2007): 24–27. The impact of IT on student research and study practices inspired the authors’ query whether it is possible to design an academic law library that is physically open to and integrated with the law school. They discuss several design plans 500 Law Library Journal [Vol. 100:3

that would increase seating outside the library to accommodate changing study practices, without compromising the library’s effectiveness and security or running afoul of ABA standards. 443. Sims, Lee. “Academic Law Library Websites: A Source of Service to the Pro Se User.” Legal Reference Services Quarterly 23, no. 4 (2004): 1–28. According to the author, academic law libraries should use their web sites to sat- isfy their obligations to the public. He discusses web site features that would be useful to pro se litigants, surveys academic law libraries providing those features, and presents examples of web sites designed for pro se users. He also suggests ways to structure academic law library web sites for these patrons. 444. Smith, Beth. “Enhancing Reference Services Through Technology.” Legal Reference Services Quarterly 19, no. 1–2 (2001): 133–60. Smith used a listserv to survey academic law librarians about how they provide reference services to remote users. Discussing the results of her survey, she explores technologies that enable library patrons and librarians to communicate via e-mail, web forms, remote application sharing, and chat or videoconferencing software. She addresses the effect of technology on the work of academic law librarians and identifies tools needed for a modern reference desk. 445. Whisner, Mary. “The Pajama Way of Research.” Law Library Journal 99 (2007): 847–50. Despite the appeal of working online in the comfort of one’s home, such practices are not without their downside. Whisner explains how law students miss out on both human interaction and reference services when they conduct CALR exclusively at home and how academic law librarians allow work to invade their private lives when they log on to the law school server from home before break- fast. To remedy both problems, she recommends that librarians engage in out- reach efforts that inform students about useful services they might be missing. 446. Wu, Michelle M. “Why Print and Electronic Resources are Essential to the Academic Law Library.” Law Library Journal 97 (2005): 233–56. Wu examines the roles played by print and digital collections in the survival of the academic law library. Her comparison of the two formats covers such diverse topics as cost, stability, accessibility, archiving, and accuracy. She concludes that abandoning either format would constitute a failure of service to present and future patrons.

Law Students

447. Augustine-Adams, Kif, Suzanne B. Hendrix, and James R. Rasband. “Pen or Printer: Can Students Afford to Handwrite Their Exams?” Journal of Legal Education 51 (2001): 118–29. To determine whether keyboarding affects final examination grades, the authors studied data from first-year law exams at Brigham Young University’s J. Reuben Clark Law School. Finding that keyboarders performed about 0.1 grade point better than handwriters did, the authors report a positive correlation between exam length and higher exam grades for the keyboarders. They posit that the ability of keyboarders to write longer exams may penalize weaker and socioeco- nomically disadvantaged handwriters. 2008-22] Legal Education and Technology II 501

448. Barkan, Steven M. “Should Legal Research Be Included on the Bar Exam? An Exploration of the Question.” Law Library Journal 99 (2007): 403–12. Barkan argues that including legal research on state bar exams would measure competency in previously untested areas of legal education and create incentives for law schools to improve legal research instruction. He explains how performance testing could be accomplished in an electronic research environment that provides examinees with access to a computer workstation and to all research sources. 449. Cherry, Anna M. “Using Electronic Research to Detect Sources of Plagiarized Materials.” Perspectives: Teaching Legal Research and Writing 9 (2001): 133–35. Law student plagiarism has been facilitated by the availability of full-text documents online. This article suggests approaches for using electronic research services and Internet search engines to identify language in published sources that matches language in student writing. Included are examples of full-text Boolean search strategies, suggested search engines, and useful databases on Westlaw and LexisNexis. The author also discusses fee-based Internet services that detect plagiarism. 450. Ciolli, Anthony. “Much Ado About Nothing: Why Student Scholarship Has Nothing to Fear from Blogs.” Yale Law Journal Pocket Part 116 (2006): 210–14, http://www.thepocketpart.org/2006/12/18/ciolli.html. Challenging Vladeck’s prediction of the demise of student case notes (see entry no. 471), this student author argues that legal blogs will never replace law journals because blog posts and journal articles serve different purposes and target different audiences. He predicts that blogs will improve the quality of student scholarship and encourage student authors to seek publication opportunities. 451. De Mulder, Richard V., and Kees van Noortwijk. “Concepts in Computer Aided Essay Assessment: Improving Consistency by Monitoring the Assessors.” In 20th BILETA Annual Conference, April 2005, Belfast, Northern Ireland, http:// www.bileta.ac.uk/pages/Conference%20Papers.aspx. This paper introduces the CODAS Text Grader to help faculty assess essays written by law students. Using concepts derived from examples, the software ranks graded essays, locates irregularities in rankings, and identifies deviations. It can also be used to assess and correct grades awarded to comparable essays by different teachers. The authors discuss plans for CODAS, including a fraud module that identifies authors of documents and a feedback module that responds to the content of student work. 452. Dickerson, Darby. “Cyberbullies on Campus.” University of Toledo Law Review 37 (2005): 51–74. The Dean of Stetson University College of Law advocates taking a strong stance against cyberbullies on law school campuses. After describing common characteristics of cyberbullies, their effect on both victims and the law school’s educational mission, and the role played by bystanders, she concludes by offering solutions. 502 Law Library Journal [Vol. 100:3

453. Dunham, Catherine Ross. “Stretching Toward the Future: A View of Laptop Computers from Both Sides of the Screen.” Law Teacher 14 (Spring 2007): 1–3. Returning to law school to complete an LL.M., a law professor confesses to surfing the Internet and sending e-mail during class while other students openly placed sports bets and communicated by instant message. Dunham discusses the ability of her classmates to take insightful notes, volunteer answers, and participate in discussions while engaged in unrelated Internet activities. She concludes that a classroom ban on laptops is more about teacher ego than it is about student learning. Ultimately, she writes, such bans are futile. 454. Gallacher, Ian. “‘Getting to Know You’: Results from a Pilot Survey of Incoming Law Students,” 2005, http://ssrn.com/abstract=832206. In 2005, the author conducted a web-based survey of incoming law students at three law schools. His article summarizes data from 350 respondents on topics that included use of the Internet, e-mail, instant messaging, text messaging, chat rooms, online reading, course management systems, and electronic study groups. He concludes that such surveys will help legal educators predict students’ needs and develop strategies to meet those needs. 455. Gerdy, Kristin. “Law Student Plagiarism: Why It Happens, Where It’s Found, and How to Find It.” Brigham Young University Education and Law Journal (2004): 431–40. Part II of this article addresses the identification and documentation of plagiarized work. Gerdy describes indicia of plagiarism in work submitted by law students and considers the advantages and disadvantages of using software and Internet services to detect plagiarism. 456. Gerhardt, Deborah R. “Plagiarism in Cyberspace: Learning the Rules of Recycling Content with a View Towards Nurturing Academic Trust in an Electronic World.” Richmond Journal of Law and Technology 12, no. 3 (2006), http://law.richmond.edu/jolt/v12i3/article10.pdf. Although plagiarism has been facilitated by the Internet, its increased incidence is also attributable to law students’ uncertainty about what plagiarism means and how to avoid it in academic writing. To combat this problem, she recommends that law schools adopt a clear and unequivocal definition of plagiarism without an intent element. After discussing the consequences of plagiarism and copyright infringement, she provides ten rules for avoiding plagiarism that will cultivate academic trust. 457. Hemingway, Anna P. “The Ethical Obligations of Lawyers, Law Students, and Law Professors Telling Stories on Web Logs.” The Law Teacher: The International Journal of Legal Education 41 (2007): 287–302. (See entry no. 361.) 458. Hurley, Tim. “The Downfall of Legal Education.” Journal of the Kansas Bar Association 75 (March 2006): 10. 2008-22] Legal Education and Technology II 503

A first-year student at Washburn University School of Law decries the misuse of laptops in the law school classroom. He calls upon students, professors, and law schools to remedy the situation, lamenting that inappropriate use of laptops prevents students from learning from each other, cheats them of a legal education, and deprives society of qualified lawyers. 459. Kamin, Sam. “How the Blogs Saved Law School: Why a Diversity of Voices Will Undermine the U.S. News Rankings.” Indiana Law Journal 81 (2006): 375–81. Kamin argues that a system of multiple rankings would permit students to find the law school best suited to their individual preferences. He demonstrates that students have already begun to use blogs to disseminate information that the current ranking system keeps from them. 460. Krent, Harold J., and Ronald W. Staudt. “Leadership Opportunities Hiding in Plain View.” University of Toledo Law Review 36 (2004): 111–16. In an article written for the Leadership in Legal Education Symposium V,31 the authors present their vision for a virtual justice community. They explain how technology can be used to develop the leadership skills of law students, to deliver legal services to under-represented populations, and to enhance legal education’s commitment to public service. 461. Lee, Orlan. “Dealing with Plagiarism in an Electronic Age.” Journal of Information, Law and Technology, 2002, no. 2, http://www2.warwick.ac.uk/ fac/soc/law/elj/jilt/2002_2/lee. Lee explores educational and cultural factors contributing to plagiarism by Hong Kong law students, who rely almost exclusively on the Internet for discursive material. He predicts that formal measures and rules against plagiarism will fail unless more attention is given to teaching basic literary and verbal skills, a measure that requires institutions to recognize faculty productivity in areas other than use of innovative technology. 462. McGaugh, Tracy L. “Laptops in the Classroom: Pondering the Possibilities.” Perspectives: Teaching Legal Research and Writing 14 (2006): 163–65. McGaugh addresses faculty reaction to laptop use in the law school classroom. She offers suggestions for persuading students to refrain from using laptops inap- propriately, and for monitoring, curtailing, and banning laptop use. 463. McGaugh, Tracy L. “Generation X in Law School: The Dying of the Light or the Dawn of a New Day?” Legal Writing: The Journal of the Legal Writing Institute 9 (2003): 119–44. This article offers advice for bridging the gap between law professors and Generation X law students who came of age during the beginning of the technology revolution. McGaugh explains how combining technology with traditional teaching methods will stimulate Generation X students to interact with information. She advises faculty to adapt to changing learning styles, observing that the

31. Symposium, Leadership in Legal Education V, 36 Un i v e r s i t y o f To l e d o La w Re v i e w 1 (2004). 504 Law Library Journal [Vol. 100:3

next generation of law students will be even less accustomed to print resources and noncomputerized activities. 464. Makri, Stephann, Ann Blandford, and Anna L. Cox. “Studying Law Students’ Information Seeking Behaviour to Inform the Design of Digital Law Libraries.” Joint Conference on Digital Libraries, 2006, http://www.uclic.ucl .ac.uk/events/dl-cuba2006/papers/Makri.pdf. (See entry no. 416.) 465. Marson, James, and Mark Van Hoorebeek. “Electronic Submission and the Movement Towards a Paperless Law Office in a Modern University.”The Law Teacher: The International Journal of Legal Education 38 (2004): 27–40. This paper presents the results of a study of law students’ perceptions of and willingness to use electronic submission of essays for assessment. The authors describe the advantages and disadvantages of print and electronic submission for both students and universities. They conclude that students are willing to use the technology once they realize that it results in faster turnaround of essays and improved feedback. 466. Maxwell, Nancy G. “From Facebook to Folsom Prison Blues: How Banning Laptops in the Classroom Made Me a Better Law School Teacher.” Richmond Journal of Law and Technology 14 (2007): 4–81. Feeling disconnected from her students in the classroom due to extensive laptop use, Maxwell adopted a no-laptop policy. This policy led her to develop a more reflective approach to teaching, which in turn caused her to re-examine her methodology and use various teaching techniques that ultimately made the ban a success. The author summarizes recent scientific research and her own data on the use of laptops in the classroom. 467. Sheppard, Charles B. “The Grading Process: Taking a Multidimensional, ‘Non-Curved’ Approach to the Measurement of a First-Year Law Student’s Level of Proficiency.” Western State University Law Review 30 (2003): 177–204. The Electronic Course Project (ECP) is a virtual classroom platform that uses technology for two purposes: (1) to cultivate student appreciation for, and use of, active learning skills, and (2) to demystify performance assessment procedures. Sheppard explains how he uses ECP for graded quizzes and graded contributions to discussion boards in a first-year property class, addressing the pedagogical value of each grading method. 468. Todd, Jeff. “Student Rights in Online Course Materials: Rethinking the Faculty/University Dynamic.” Albany Law Journal of Science and Technology 17 (2007): 311–36. This article considers student rights in the online materials they produce for academic credit, using the author’s own experience developing materials for his professor’s civil procedure class. Todd explores issues created by digital technology, such as the ownership of individual student posts in an asynchronous discussion and uploaded papers that evolve through collaborative discussions. He concludes with suggestions for clarifying rights in online course materials. 2008-22] Legal Education and Technology II 505

469. Van Hoorebeek, Mark. “Part One: Turnitin and the Perils of Entering the Evil House of Cheat at Cheathouse.com.” The Law Teacher: The International Journal of Legal Education 37 (2003): 174–78. In the first of two related articles addressing the growing problem in Internet plagiarism (see entry no. 470), the author defines plagiarism, discusses plagiarism detection software, and suggests strategies for educators using this software. 470. Van Hoorebeek, Mark. “Part Two: Hold the Emails: Senior Academic Caught by New Anti-plagiarism Software.” The Law Teacher: The International Journal of Legal Education 37 (2003): 179–87. In his second article, the author confesses that he had constructed “Part One” (see entry no. 469) entirely from unmodified parts of other academic work and sent it to the Turnitin antiplagiarism site. This article analyses the results of his experiment. He concludes that while Turnitin can provide a valuable service to legal educators, it can best be used as a teaching tool, combined with other plagiarism prevention strategies, to raise student awareness. 471. Vladeck, Stephen I. “That’s So Six Months Ago: Challenges to Student Scholarship in the Age of Blogging.” Yale Law Journal Pocket Part 116 (2006): 31–37, http://www.thepocketpart.org/2006/09/06/vladeck.html. Current events blogging by expert legal commentators often preempts student case notes long before they are published. To stimulate forms of student scholarship less susceptible to preemption, Vladeck suggests that law professors encourage students to write seminar papers that take a more holistic view of the field and that student-edited law journals promote these other forms of student scholarship.

Legal Scholarship

472. Althouse, Ann. “Let the Law Journal Be the Law Journal and the Blog Be the Blog.” Yale Law Journal Pocket Part 116 (2006): 8–12, http://www.thepocket part.org/2006/09/06/althouse.html. Arguing that the Internet should not change the role of law journals, Althouse urges editors to preserve high standards of scholarship. Attempts to incorporate blog-like features may distract editors, alienate authors, devalue the existing tradition, and dilute the primary purpose of journals. Blogs serve a separate purpose, she writes. Merging journals and blogs will diminish both. 473. Arewa, Olufunmilayo B. “Open Access in a Closed Universe: Lexis, Westlaw, Law Schools, and the Legal Information Market.” Lewis & Clark Law Review 10 (2006): 797–839. Arewa assesses the impact of the legal information industry on access to legal scholarship, focusing on the development of the industry, the activities of the dominant players, and the various consumers of legal information. She calls for developers to provide broad open access to the varied constituencies who seek legal information. 474. Balkin, Jack M. “Online Legal Scholarship: The Medium and the Message.” Yale Law Journal Pocket Part 116 (2006): 23–30, http://www.thepocketpart .org/2006/09/06/balkin.html. 506 Law Library Journal [Vol. 100:3

Beginning with an anecdote about his blog’s role in exposing the dangers of Senator Arlen Specter’s domestic surveillance bill, Balkin’s essay details the advantages of online legal scholarship. By enabling legal scholars to bypass student-edited law journals, online media change legal scholarship’s sources, style, tempo, subject matter, message, and audience. Balkin concludes that the real issue is not whether hiring committees should consider blogs as legal scholarship but whether law professors should spend more time teaching and influencing the outside world. 475. Berman, Douglas A. “Scholarship in Action: The Power, Possibilities, and Pitfalls for Law Professor Blogs.” Washington University Law Review 84 (2006): 1043–60. (See entry no. 352.) 476. Bodie, Matthew T. “Thoughts on the New Era of Law Review Companion Sites.” Connecticut Law Review CONNtemplations 39, no. 1 (2007): 1–10, http://www.conntemplations.org/pdf/bodie.pdf. The recent phenomenon of law review online companions has gone largely unno- ticed in legal literature. Bodie fills the information gap by providing a structural analysis of the online companion, describing its design, purpose, content, and audience. He concludes with suggestions for future developments. 477. Bracey, Christopher A. “A Blog Supreme?” Yale Law Journal Pocket Part 116 (2006): 16–22, http://www.thepocketpart.org/2006/09/06/bracey.html. Bracey uses a jazz metaphor to explore the relationship between online and conventional legal scholarship, analogizing it to the uneasy acceptance of free and avant-garde jazz artists by music traditionalists. He concludes that although blogging presents an important effort to engage the scholarly enterprise in a free and lively exchange, it will not replace conventional scholarship. 478. Brooks, Rosa. “What the Internet Age Means for Female Scholars.” Yale Law Journal Pocket Part 116 (2006): 46–51, at http://www.thepocketpart .org/2006/09/20/brooks.html. (See entry no. 355.) 479. Brophie, Alfred L. “Mrs. Lincoln’s Lawyer’s Cat: The Future of Legal Scholarship.” Connecticut Law Review CONNtemplations 39, no. 1 (2007): 11–30, http://www.conntemplations.org/pdf/brophy.pdf. The last part of this essay discusses the extension of law reviews to the Internet. Brophie discusses the potential roles of law reviews and the Internet in disseminating legal knowledge, as economic considerations make it harder to publish books. 480. Brown, J. Robert, Jr. “Blogs, Law School Rankings, and TheRacetotheBottom. org.” University of Denver Legal Studies Research Paper No. 07-33, 2007, http://ssrn.com/abstract=1003425. The author of this working paper operates The Race to the Bottom, a corporate governance blog. Brown argues that blogs can enhance the reputations of law schools outside the top tier by allowing faculty to circumvent biases in law review placements and SSRN rankings and by providing a cost-effective mechanism for advertising scholarly pursuits. Finally, he discusses considerations in starting and operating a successful law blog. 2008-22] Legal Education and Technology II 507

481. Butler, Paul. “Blogging at Blackprof.” Washington University Law Review 84 (2006): 1101–04. Butler discusses his blog, Blackprof.com, and describes how it provides a forum, a community, and a place of safety for contributing African American professors. He also traces its evolution from its first op-ed-style posts to its more recent opin- ionated and even lighthearted posts. 482. Canick, Simon. “Availability of Works Cited in Recent Law Review Articles on LEXIS, Westlaw, the Internet, and Other Databases.” Legal Reference Services Quarterly 21, no. 2–3 (2002): 55–67. Canick reports the results of a study ascertaining the percentage of sources cited in law review articles that are accessible online. After searching LexisNexis, Westlaw, the Internet, and other databases for full-text versions of sources cited in seven randomly selected articles, the author found that 77% of the 1984 citations were available online. He predicts that this percentage is likely to increase in the future because law students who grew up with the Internet will prefer online sources to print sources. 483. Caron, Paul L. “The Long Tail of Legal Scholarship.” Yale Law Journal Pocket Part 116 (2006): 38–45, http://www.thepocketpart.org/2006/09/06/caron .html. Caron argues that studies of citation counts fail to measure how often an article is read without being cited; such studies also ignore the practicing lawyers, students, and librarians who form a larger legal scholarship audience. In contrast to Thomas Smith’s citation analysis (see entry no. 522), which characterizes legal scholarship as a hit-driven market, Caron found that a longer tail is reflected in SSRN downloads data: “97% of authors have had at least one download in the past year and 100% have had at least one download at some time” (p.44). Caron’s position is that studies should focus on the consumption of legal scholarship, rather than on its end use. 484. Caron, Paul L. “Are Scholars Better Bloggers?” Washington University Law Review 84 (2006): 1025–42. This is an introduction to Harvard Law School’s Bloggership Symposium.32 Part I describes how Caron’s work on TaxProf Blog and the Law Professor Blog Network led him to organize the symposium. Part II provides scholarship and blogging data about the panelists. Part Three provides an overview of the symposium papers and commentary. 485. Carroll, Michael W. “The Movement for Open Access Law.” Lewis & Clark Law Review 10 (2006): 741–60. Carroll explores connections between the established movement for open access to primary materials, the general open access movement, and the impact of law reviews. His central thesis is that copyright law and licensing should facilitate the free distribution of legal materials over the Internet.

32. Bloggership Symposium, supra note 25. 508 Law Library Journal [Vol. 100:3

486. Christiansen, Caroline. “Electronic Law Journals.” International Journal of Legal Information 30 (2002): 337–53. Querying why electronic law journals have failed to grow at the pace experienced in other disciplines, Christiansen examines existing models of electronic legal publishing and structural features of electronic documents, such as citation- linking, subject-linking, and interoperability. She identifies two major obstacles to development of electronic law journals: the legal publishing market and the complexity of legal information published by various commercial, academic, governmental, and judicial institutions. 487. Ciolli, Anthony. “Much Ado About Nothing: Why Student Scholarship Has Nothing to Fear from Blogs.” Yale Law Journal Pocket Part 116 (2006): 210–14, http://www.thepocketpart.org/2006/12/18/ciolli.html. (See entry no. 450.) 488. Cohen, Morris L. “Researching Legal History in the Digital Age.” Law Library Journal 99 (2007): 377–93. This contribution to the Berring Symposium33 surveys the impact of digitalization and other technologies on historical legal research, particularly in the context of legal education’s renewed interest in legal history scholarship. Professor Cohen also considers the advantages and disadvantages of specific technologies, including electronic discussion lists and commercial and open-access full-text databases. 489. Cunningham, Lawrence A. “Scholarly Profit Margins: Reflections on the Web.” Indiana Law Journal 81 (2006): 271–83. This article critically evaluates current methods of researching and measuring the scholarly and academic contributions of law faculty. Cunningham argues that the study of download data on sites such as the LSN may provide the most efficient evaluative tool for bibliometric purposes. Potential transformative effects of such studies include promoting faculty self-reflection and expanding the underlying technology to include classroom teaching. The author outlines a proposal to create a Legal Teaching Network that would disseminate law school teaching materials and facilitate pedagogical innovations. 490. Danner, Richard A. “Issues in the Preservation of Born-digital Scholarly Communications in Law.” Law Library Journal 96 (2004): 591–604. Danner examines new forms of scholarly communications and their impact on print and e-print publication, providing examples of open archive projects and working paper initiatives available for academic legal scholarship. He also explores issues related to the preservation of “born-digital” information that never had an analog existence. 491. Danner, Richard A. “Electronic Publication of Legal Scholarship: New Issues and New Models.” Journal of Legal Education 52 (2002): 347–64.

33. Berring Symposium, supra note 10. 2008-22] Legal Education and Technology II 509

This article considers the impact of electronic media on the publication and dissemination of legal scholarship. Danner traces the development of the LSN and open archiving projects such as LEDA, concluding that such electronic initiatives could preserve the institutional benefits of academic law reviews while solving some of their problems. Finally, he recommends that law schools encourage and support experimentation and that law faculty participate in developing the future communications systems that will disseminate their scholarly work. 492. Davis, Helane E. “Keeping Validity in Cite: Web Resources Cited in Select Washington Law Reviews, 2001–03.” Law Library Journal 98 (2006): 639–61. Davis reports on her study of URLs cited in three student-edited Washington law reviews between 2001 and 2003. Of the 1104 URLs in the study sample, 40% were broken links when tested, a 37% failure rate for the most recent year in the study. The sample also revealed that certain domains had higher invalidity rates than others and that shorter URLs fared better than longer ones. The author concludes that these results corroborate ongoing concern about the impermanence of web sources. 493. Doran, Sean. “Developing an Interactive Legal Journal on the Internet: International Commentary on Evidence (ICE).” University of Technology Sydney Law Review 3 (2000): 36–46. In April 1998, the International Commentary on Evidence (ICE) was launched online as a peer-reviewed journal on evidence law and theory, hosted by the School of Law at Queen’s University of Belfast. This article discusses the creation of ICE, the reasons for selecting an electronic format, and the interactive features that distinguish ICE from its print counterparts. 494. Doyle, John. “The Business of Law Reviews.” Connecticut Law Review CONNtemplations 39, no. 1 (2007): 30–37, http://www.conntemplations.org/ pdf/doyle.pdf. In this discussion of law review finances and the movement away from print copies, Doyle argues that the publishing industry must find a cost-effective middle ground that facilitates open access to legal scholarship. His recommendations include: transferring business tasks to the commercial sector; publishing works- in-progress and updated articles online; exploring online comment features; indexing and tagging contributions; offering open-access articles through web search engines; indexing databases and full-text aggregators; and educating deans on the importance of the free flow of legal scholarship. 495. Froomkin, A. Michael. “The Plural of Anecdote is Blog.” Washington University Law Review 84 (2006): 1149–55. Froomkin classifies law blogs as another form of quick and simple communication, similar to magazines, rather than as a distinct medium with a particular message. He also addresses the importance of footnotes in published journals, the value of blogs for current awareness and faculty publicity, and the noticeable absence of blogs dedicated to topical legal scholarship. 510 Law Library Journal [Vol. 100:3

496. Gallacher, Ian. “‘Aux Armes, Citoyens!’: Time for Law Schools to Lead the Movement for Free and Open Access to the Law,” 2007, http://works.bepress .com/ian_gallacher/12. Gallacher proposes that law schools form a consortium in order to publish and freely disseminate American common law on the Internet. Criticizing the hold that commercial interests have over access to legal information and the inadequa- cies of present alternatives, he explains why law schools are uniquely suited to respond to these problems and concludes with ten proposed principles that might guide an open-access legal information site. 497. Heriot, Gail. “Are Modern Bloggers Following in the Footsteps of Publius? (and Other Musings on Blogging by Legal Scholars . . .).” Washington University Law Review 84 (2006): 1113–26. In this contribution to the Bloggership Symposium,34 Heriot’s query is not whether blogging by law faculty constitutes legal scholarship but rather whether law schools should encourage their faculty to participate in blogging. She favors a “public intellectual” model of blogging that allows legal scholars to expand their audience beyond legal academics, share their insights with other members of the legal profession, and directly affect public discourse about contemporary legal issues. Concluding, she notes that legal blogging might fill a need that traditional legal scholarship has not met. 498. Horowitz, Paul. “‘Evaluate Me!’: Conflicted Thoughts on Gatekeeping in Legal Scholarship’s New Age.” Connecticut Law Review CONNtemplations 39, no. 1 (2007): 38–53, http://www.conntemplations.org/pdf/horwitz.pdf. Horowitz addresses the impact of online media on the gatekeepers who have traditionally certified scholars and their scholarship as elite. He observes that academic legal scholars who have benefited from online media and paid lip service to egalitarian distribution of scholarship have also sought validation and enhanced status from the traditional gatekeepers they criticize. This, he concludes, has perpetuated the tension between elitism and egalitarianism, in part because the legal academy is overly concerned with making and trading prestige as a cultural product. 499. Hunter, Dan. “Walled Gardens.” Washington and Lee Law Review 62 (2005): 607–40. This essay was inspired by the author’s experience in having his draft articles removed from SSRN at the request of the copyright-holder, California Law Review, after his work had been published and made available in commercial databases. These databases create the “walled gardens” that restrict access to paid subscribers. Hunter examines the open-access movement in scholarly publishing generally and in relation to law review publishing. Using results from his 2004 survey of law review publication policies, he argues that law reviews should lead the way to democratizing access to developments in legal scholarship by providing free, public access to all their published literature.

34. Bloggership Symposium, supra note 25. 2008-22] Legal Education and Technology II 511

500. Hunter, Dan. “Open Access to Infinite Content (or ‘In Praise of Law Reviews’).” Lewis & Clark Law Review 10 (2006): 761–78. Hunter defends traditional law reviews in a commentary encouraging law reviews to move to an open-access model. He argues that open access is particularly suitable to law review publishing because the content of law review articles is determined by non-commercial considerations. 501. Joergensen, John P. “Second Tier Law Reviews, Lexis and Westlaw: A Pattern of Increasing Use.” Legal Reference Services Quarterly 21, no. 1 (2002): 43–74. The author’s empirical study determined that articles published in second-tier law reviews are cited more frequently after they are included in LexisNexis or Westlaw databases than when they were available only in print. Discussing the ramifications of his findings, he concludes that producing and collecting print journals may not be cost-effective and that legal researchers are missing a great deal of scholarly material when they rely exclusively on electronic sources. 502. Kerr, Orin S. “Blogs and the Legal Academy.” Washington University Law Review 84 (2006): 1127–34. In this contribution to the Bloggership Symposium,35 Kerr suggests that blogs are unlikely to replace legal scholarship because their reverse chronological order format precludes the reflective process necessary for thoughtful writing. Blog posts can advance scholarship, however, by disseminating and critiquing academic writing and serving as rough drafts. They also play an important role in helping faculty contribute to public debates on law and politics. 503. Le Brun, Marlene. “Developing Multimedia Flexible Teaching and Learning Packages: Valuing New Genres of Legal Scholarship.” Journal of Information, Law and Technology, 2001, no. 3, http://www2.warwick.ac.uk/fac/soc/law/ elj/jilt/2001_3/lebrun. (See entry no. 366.) 504. Leiter, Brian. “Why Blogs Are Bad for Legal Scholarship.” Yale Law Journal Pocket Part 116 (2006): 53–58, http://www.thepocketpart.org/2006/09/20/ leiter.html. Leiter argues that law blogs are dangerous for legal scholarship because they are public, unmediated, and normative. His thesis appears to be that nonexperts write blogs, blogs influence journalists, journalists manipulate public discourse, and public discourse controls law review editors. The result, he concludes, is that inferior work attracts the greatest attention, increases the visibility of mediocre scholars, and lowers the quality of scholarly discourse. 505. Levit, Nancy. “Scholarship Advice for New Law Professors in the Electronic Age.” Widener Law Journal 16 (2007): 947–82. Levit’s article is a practical survival guide for new law professors on how to com- ply with promotion and tenure guidelines in the electronic age. Topics include

35. Id. 512 Law Library Journal [Vol. 100:3

using new electronic resources, posting drafts for feedback on an open-access archive, blogging to promote scholarship, and submitting articles electronically. 506. Lindgren, James. “Is Blogging Scholarship? Why Do You Want to Know?” Washington University Law Review 84 (2006): 1105–08. Lindgren argues that it is difficult to determine whether blogging is a form of scholarship without knowing what purpose scholarship is expected to fill. He discusses the contributions that blogs make to legal scholarship, such as replac- ing case notes with immediate commentary, developing scholarly dialogue that enriches and refines ongoing scholarship, and providing a forum for disseminating legal scholarship. Concluding, he observes that traditional legal scholarship and blog posts serve similar functions: to create and disseminate knowledge about law and legal institutions. 507. Litman, Jessica. “The Economics of Open Access Law Publishing.” Lewis & Clark Law Review 10 (2006): 779–95. Litman discusses the benefits of open access to legal scholarship. After reviewing the slow growth of open-access publishing in law, she demonstrates why it is impossible to assess the economics of open-access law publishing as long as conventional law review budgets exclude first-copy costs. She observes that law schools invest in the creation and publication of legal scholarship because they consider it to be part of their core mission, not because it is profitable. She infers, therefore, that the legal academy’s slow response to open-access publishing is due to the lack of demand-side pressure to consider alternatives to the subscrip- tion model. 508. Litvak, Kate. “Blog as a Bugged Water Cooler.” Washington University Law Review 84 (2006): 1061–70. Litvak’s contribution to the Bloggership Symposium36 makes three points. First, blogs have had minimal impact on legal scholarship when compared to other developments, including technology, long-distance and interdisciplinary co- authorship, the growth and high cost of producing empirical legal scholarship, and the internationalization of law faculties and legal scholarship. Second, rather than creating a forum for early-stage work, blogs are more like water cooler conversations that are openly fitted with microphones. Finally, a successful forum for early ideas must have either privacy or clear rules penalizing silence. Because blogs have neither, they are unlikely to transform legal scholarship. 509. Lyons, Susan. “Persistent Identification of Electronic Documents and the Future of Footnotes.” Law Library Journal 97 (2005): 681–94. Law review articles increasingly cite to web resources, but footnoted links may change or disappear over time. One solution is to use a system of persistent identification of electronic documents, which offers stable links to cited sources. To encourage their use in academic law reviews, Lyons suggests that law librarians help student editors find persistent identifiers for electronic sources cited in footnotes.

36. Id. 2008-22] Legal Education and Technology II 513

510. Madison, Michael J. “The Idea of the Law Review: Scholarship, Prestige and Open Access.” Lewis & Clark Law Review 10 (2006): 901–24. This essay explores how academic legal publishing has undermined efforts to adopt open access to legal scholarship. In the current “economy of prestige,” scholarship written by and for legal scholars is made freely available in commercial databases subsidized by scholars’ employers. To counter the perception that open access threatens the status quo, Madison suggests recreating the economy of prestige by digitally tagging, classifying, and rating articles so Internet search engines can read them. Prestige would be associated with the tags, instead of, or in addition to, the journal’s institutional prestige. He observes, however, that a successful open access system will require greater attention to empiricism in legal scholarship and less attention to the prestige that the current system provides. 511. Martineau, Bradley J. “The Future of Law Reviews and Legal Journals from a Student Editor’s Perspective.” Journal of Technology Law and Policy 2 (2001–2002): 1, http://tlp.law.pitt.edu/articles/Vol2-1MARTINEAU.pdf. A student law review editor discusses the need for academic law journals to make changes in order to remain viable. He addresses specific areas in which technological advances would improve student-run publications, including publishing full-text articles online, using Westlaw and LexisNexis for cite-checking, and employing e-mail and word-processing features to reduce editing time. He also offers a student’s perspective on the disadvantages of web-based self- publication. 512. Miller, Joseph Scott. “Foreword: Why Open Access to Scholarship Matters.” Lewis & Clark Law Review 10 (2006): 733–39. This foreword to the Lewis & Clark Law Review’s Symposium on Open Access Publishing and the Future of Legal Scholarship37 briefly addresses four reasons why law professors should take an interest in the movement promoting open access to scholarship: it extends the reach of participating scholars, increases distribution speed, adds measures of scholarly impact, and provides networked social capital. 513. Milles, James G. “Redefining Open Access for the Legal Information Market.” Law Library Journal 98 (2006): 619–37. Milles argues that the open-access movement, which focuses on academic legal scholarship, will not solve the problem libraries face in subscribing to increasingly expensive practitioner-oriented publications. He calls upon law schools to invest intellectual capital and student labor in publishing legal information for practitioners. 514. Most, Marguerite. “Electronic Journals in the Academic Law Library—Law Reviews and Beyond.” Legal Reference Services Quarterly 21, no. 4 (2002): 189–256. (See entry no. 423.)

37. Symposium, Open Access Publishing and the Future of Legal Scholarship, 10 Le w i s & Cl a r k L. Re v . 733 (2006). 514 Law Library Journal [Vol. 100:3

515. Neacsu, E. Dana. “Legal Scholarship and Digital Publishing: Has Anything Changed in the Way We Do Legal Research?” Legal Reference Services Quarterly 21, no. 2–3 (2002): 105–22. Neacsu’s study exposes the problem of disappearing electronic sources cited in law review articles and the failure of current legal literature to address this concern. The author examined twenty law review articles published within a six- month period in 2000, each containing at least four citations to Internet sources. Twelve articles cited an online source that was inaccessible within one year of its publication. Neacsu advises librarians and scholars to be aware of the threat that digital publishing poses to the reliability of source materials upon which legal scholarship relies. 516. Neacsu, Dana. “Google, Legal Citations, and Electronic Fickleness: Legal Scholarship in the Digital Environment,” 2007, http://ssrn.com/abstract= 991190. Powerful search engines and liberal citation rules have contributed to the increasing use of electronic references in law review footnotes. This trend threatens the reliability of legal scholarship because cited electronic sources often change or become inaccessible shortly after publication. To combat the problem, Neacsu suggests that academic law libraries create digital “Legal URL Archives” to store these cited sources. He discusses a prototype archive at Columbia Law School and addresses copyright issues involved in archiving projects. 517. Ohm, Paul. “Do Blogs Influence SSRN Downloads? Empirically Testing the Volokh and Slashdot Effects.” University of Colorado Law Legal Studies Research Paper No. 07-15, 2007, http://ssrn.com/abstract=980484. While guest-blogging at the Volokh Conspiracy about two articles he had posted on SSRN, Ohm used a computer program to collect statistics about the effect of blogging on SSRN downloads. After Slashdot published links to his blog posts, he added Slashdot’s effects to his study. Ohm reports that although his guest- blogging activities increased downloads by 74% and 63%, Slashdot increased downloads by 137% and 142%. He observes that the Slashdot effect would have been significantly greater if Slashdot had linked directly to his SSRN articles rather than to his blog posts about those SSRN articles. 518. Parker, Carol A. “Institutional Repositories and Open Access Principles: Changing the Way We Think about Legal Scholarship.” New Mexico Law Review 37 (2007): 431–77. Parker writes that open access is the next logical step for published legal scholarship. After describing the evolution of the open-access movement, she explains how institutional repositories work and examines options for law schools wish- ing to establish an institutional repository. She also describes the increasing number of law school institutional repositories and explores how legal scholars are using repositories creatively to publish digital work. 519. Perry, Ronen. “De Jure [sic] Park.” Connecticut Law Review CONNtemplations 39, no. 1 (2007): 54–67, http://www.conntemplations.org/pdf/perry. In this article discussing the structural deficiencies of “student-edited general interest paper-based law reviews” (p.55), Dr. Perry addresses the advantages 2008-22] Legal Education and Technology II 515

of online publishing. After exploring reasons for a continuing paper-based law review culture, he concludes that no convincing reason exists for the continu- ation of print editions and predicts that law reviews will soon transition to an exclusively online format. 520. Rumsey, Mary. “Runaway Train: Problems of Permanence, Accessibility, and Stability in the Use of Web Sources in Law Review Citations.” Law Library Journal 94 (2002): 27–39. Rumsey reports on a study of citations to web sources in law review articles written between 1997 and 2001. After four years, only 30.27% of the cited links still worked. The author observes that even working links may lead to edited or archived pages, creating problems of content stability or accessibility. To remedy the problem, she makes three suggestions: (1) law librarians should encourage students and professors to cite to permanent paper sources or commercial databases; (2) webmasters who reorganize sites should include redirecting links; and (3) authors and law review organizations should retain copies of all cited web pages. 521. Rumsey, Mary, and April Schwartz. “Paper Versus Electronic Sources for Law Review Cite Checking: Should Paper Be the Gold Standard?” Law Library Journal 97 (2005): 31–48. The authors surveyed law review editors to ascertain how their cite-checking practices have been affected by the increasing availability of electronic sources. They report a continuing strong preference for paper sources, a practice that conflicts with trends in academic law libraries to reduce the costs of duplicate print subscriptions and interlibrary loans. Arguing that widespread use of image-based electronic documents should lead to changes in law review policy and the citation rules that drive them, they urge librarians to teach journal staff about the availability and reliability of these sources. 522. Smith, Thomas A. “The Web of Law.” San Diego Law Review 44 (2007): 309–54. Based on his citation study of nearly four million legal authorities on LexisNexis, Smith suggests that such authorities have developed into a web of law that mirrors the Internet’s structure, with its nodes connected by citation links. He reports that about 43% of all legal scholarship is never cited and about 78% receives ten or fewer citations. His conclusion, that network science can improve legal research technology, has implications for the legal scholarship market and for measurement of the scholarly contributions of law faculty. 523. Solum, Lawrence B. “Blogging and the Transformation of Legal Scholarship.” Washington University Law Review 84 (2006): 1071–88. Solum’s contribution to the Bloggership Symposium38 argues that law professor blogs constitute important indicators of three transformative trends: the transition from long-form to short-form scholarship, from exclusive rights to open access, and from mediation to disintermediation. He concludes that although blogs alone

38. Bloggership Symposium, supra note 25. 516 Law Library Journal [Vol. 100:3

are not transforming legal scholarship, they do contribute to the transformation of legal scholarship by enabling experimentation. 524. Solum, Lawrence B. “Download It While It’s Hot: Open Access and Legal Scholarship.” Lewis & Clark Law Review 10 (2006): 841–67. Solum explores the effect of the open-access movement on legal scholarship. After summarizing and contrasting closed and open access legal scholarship, he examines open access from theoretical perspectives, including the economics of legal scholarship, the role of intermediaries, and dissemination. He concludes by recounting the effects of open access on his own scholarly work. 525. Vaughan, Liwen, and Mike Thelwall. “Scholarly Use of the Web: What Are the Key Inducers of Links to Journal Websites?” Journal of the American Society for Information Science and Technology 54, no. 1 (2003): 29–38. This paper reports on an empirical study of factors influencing the creation of links to journal web sites for two disciplines: law and library and information science. The authors found that links to a journal’s web site are influenced by both the age of the site and the extent of its content. They also observed disciplinary differences in web site characteristics and recommend further research to gain a better understanding of the patterns of web use by different communities. 526. Vladeck, Stephen I. “That’s So Six Months Ago: Challenges to Student Scholarship in the Age of Blogging.” Yale Law Journal Pocket Part 116 (2006): 31–37, http://www.thepocketpart.org/2006/09/06/vladeck.html. (See entry no. 471.) 527. Vladeck, Stephen I. “The Law Reviews vs. The Courts: Two Thoughts From the Ivory Tower.” Connecticut Law Review CONNtemplations 39, no. 1 (2007): 1–10, http://www.conntemplations.org/pdf/vladeck.pdf. Lamenting the continuing decline of judicial discretion, Vladeck argues that legal scholars should find ways to make their scholarship more relevant to state courts, administrative agencies, litigators, and practitioners. To this end, he suggests that online law review companions can play an important role in increasing access to academic legal scholarship. In turn, such scholarship might once again factor into judicial decision making. 528. Volokh, Eugene. “Law Reviews, the Internet, and Preventing and Correcting Errors.” Yale Law Journal Pocket Part 116 (2006): 4–10, http://www.thepocket part.org/2006/09/06/volokh.html. In this essay, Volokh offers three practical suggestions for law reviews to use the Internet to improve legal scholarship. Law reviews can: (1) prevent reader error by posting authors’ unpublished sources online; (2) avoid author error by setting up an online database, similar to Shepard’s or KeyCite, to track articles that criticize other articles; and (3) prolong the productive lifespan of articles by publishing electronic pocket parts that allow authors to correct or update their work. 529. Volokh, Eugene. “Scholarship, Blogging and Trade-offs: On Discovering, Disseminating, and Doing.” Washington University Law Review 84 (2006): 1089–1100. (See entry no. 371.) 2008-22] Legal Education and Technology II 517

The Future of Technology in Legal Education

530. Becker, David M. “Some Concerns About the Future of Legal Education.” Journal of Legal Education 51 (2001): 469–86. (See entry no. 311.) 531. Bodie, Matthew T. “Open Access in Law Teaching: A New Approach to Legal Education.” Lewis & Clark Law Review 10 (2006): 885–98. In this essay, Bodie argues that an open-access approach should be applied to legal education. He summarizes this approach and discusses its application to course materials and law school pedagogy. Describing his vision of the open- access law school, he also explores the ways in which open access could transform the nature and structure of legal education. 532. Biasiotti, Maria Angela, and Roberta Nannucci. “e-Government and Legal Education in Italy.” Journal of Information, Law and Technology, 2005, no. 2, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2005_2/biasiotti-nannucci. One goal of the eEurope 2005 Action Plan, e-Government, is to provide fully interactive online government services. This article describes the e-Government initiative and the response by law schools in Italy. It also points out the deficiencies in this response and proposes a curriculum that would better prepare law school graduates to implement e-Government actions. 533. Bintliff, Barbara. “What Can the Faculty Expect from the Library of the Twenty-first Century?” Law Library Journal 96 (2004): 507–24. (See entry no. 381.) 534. Honabach, Dennis R. “And Now What?: An Essay Contemplating a Course for the Second Century of the Washburn University School of Law.” Washburn Law Journal 42 (2004): 947–55. Dean Honabach offers a light-hearted glimpse at legal education in the year 2103. Advances may include customized teaching technology based on brain scans, data-encoded brain implants to replace nutshells and outlines, and holograph decks where students can experience live client interactions in controlled settings. He predicts that virtual law schools will replace their brick-and-mortar counterparts. He also addresses the challenge of transmitting values to law students in a virtual environment. 535. Jarvis, Robert M. “What Law Professors Will Want from Law Librarians in the Twenty-first Century.”Law Library Journal 96 (2004): 503–06. (See entry no. 405.) 536. Latrup-Pedersen, Tom. “Trends in Legal Education in the Learning Society- The Challenge of Information Technology.” International Journal of the Legal Profession 9 (2002): 165–86. (See entry no. 19.) 537. Martin, Peter W. “From Seats of Learning to Globally Distributed Virtual Learning.” Journal of Information, Law and Technology, 2002, no. 2, http:// www2.warwick.ac.uk/fac/soc/law/elj/jilt/2002_2/martin. 518 Law Library Journal [Vol. 100:3

Martin outlines the benefits of online legal education and the sources of resistance to its widespread adoption in the United States. Despite administrative and institutional constraints, he anticipates an inevitable and substantial shift to online learning in law. Specifically, he predicts that marketing forces will require universities to recreate themselves as global virtual learning nodes in order to remain viable. His paper discusses possible changes, identifies the lead actors in future innovation, and addresses the implications of change for developing countries. 538. Martin, Peter W. “Information Technology and U.S. Legal Education: Opportunities, Challenges, and Threats.” Journal of Legal Education 52 (2002): 506–15. In this position paper, Martin reviews the educational opportunities presented by the digital revolution and the institutional factors preventing law schools from responding to change. He predicts that law schools will become increasingly marginalized as networked students pursue DE at other academic institutions, unless legal educators transform their teaching patterns and classroom materials and learn to work collaboratively with technology specialists. 539. Morgan, Thomas D. “Educating Lawyers for the Future Legal Profession.” Oklahoma City University Law Review 30 (2005): 537–58. Morgan’s vision of the future of legal education is based on the skills that lawyers of the future will need. As their clients face increasing global competition, lawyers will become more specialized. The challenge for legal education is to produce legal practitioners capable of functioning in that world. The need to control costs may lead to an increased use of DE to deliver instructional content. 540. Paliwala, Abdul. “Changing Paradigms of the E: Communication, Governance and Learning.” Journal of Information, Law and Technology, 2005, no. 2, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2005_2/paliwala. Paliwala discusses the effect of the European Union’s e-Government and e- Communication initiatives on legal education, maintaining that law schools need to combine the black letter of emerging e-Governance law with an understanding of the global communication and governance environment of Europeanization. He concludes that this in turn will require interactive group e-learning that transcends the traditional institutional and national boundaries of legal education. 541. Paliwala, Abdul. “Space, Time and (E)motions of Learning.” In Effective Learning and Teaching in Law, edited by Roger Burridge, Abdul Paliwala, Karen Hinett, and Tracey Vamava, 184–204. London: Kogan Page Ltd., 2002. Paliwala’s book chapter explores the interrelationship between IT and globalization on legal education. Using pedagogical and market perspectives, he examines the transformation in learning spaces and resources caused by commodification, globalization, and digitalization in legal education. Gazing into the future, he discusses the development of virtual learning institutions, the decline of domestic institutions, particularly in developing countries, and increasing differentiation between institutions and regions. Concluding, he calls for increased attention to educational theory. 2008-22] Legal Education and Technology II 519

542. Pengelley, Nicholas. “The Virtual Law School Library.” International Journal of Legal Information 29 (2001): 615–42. Pengelley engages in future-gazing to present his vision of the law library of 2021, discussing the wireless environment in which it will exist and the lifestyles of its users. He also discusses how the evolving law school library will be shaped by web-based legal education, electronic publishing, and the archiving of print materials. 543. Schiavetta, Susan. “The End of University Life As We Know It?—What the Future Holds for Legal Education.” Scottish Law Gazette 73, no. 4 (2005): 134–38. This article addresses discusses changes anticipated in legal education over the next twenty to thirty years, including use of dedicated VLEs, e-texts, and virtual lectures. Schiavetta explains why physical campuses will continue to play a vital role in legal education, underscoring the obstacles faced by law schools as they attempt to integrate ICT into teaching and learning. She predicts that the role of law professors will shift from principal supplier to support system.

Miscellaneous

544. Burnett, Stephen. “The Need for ABA/AALS Standards for Technology Infrastructure.” In The Future of Law Libraries: Selected Articles from a Symposium on the Impact of Technology on Law Libraries and Law Classrooms of the Future, March 10–11, 2005, Amelia Island, Florida 18–26. St. Paul, Minn.: West, 2006, available at http://west.thomson.com/pdf/ librarian/Future_Law_Libraries_White_Paper.pdf. Burnett examines existing ABA and AALS standards in light of the technology infrastructures at law schools. He concludes that the AALS approach is superior because it requires law schools to have a technology plan while allowing them to use resources in ways deemed appropriate by faculty and administration. These plans, Burnett suggests, could then be evaluated by an ABA team of law school technology experts. 545. Caron, Paul L. “Teaching with Technology in the 21st Century Law School Classroom.” In The Future of Law Libraries: Selected Articles from a Symposium on the Impact of Technology on Law Libraries and Law Classrooms of the Future, March 10–11, 2005, Amelia Island, Florida 10–17. St. Paul, Minn.: West, 2006, available at http://west.thomson.com/pdf/ librarian/Future_Law_Libraries_White_Paper.pdf (updated version at http:// ssrn.com/abstract=896906). Caron discusses three technologies that he employs to engage his class. First, a wireless student response system extends Socratic dialogue to the entire class, gives feedback on multiple-choice questions, tracks attendance, and creates student performance reports. Second, the multimedia companion web site for his Tax Stories text provides briefs and audio recordings of oral arguments for classroom use. Finally, posts from TaxProf Blog are used in class to illustrate the relevance and currency of the assigned material. 520 Law Library Journal [Vol. 100:3

546. Eynon, Rebecca. “The Use of ICTs for Teaching and Learning in Law Education: Some Innovators’ Perspectives.” Web Journal of Current Legal Issues, 2006, no. 3, at http://webjcli.ncl.ac.uk/2006/issue3/eynon3.html. This paper reports the findings from a focus group of seven academicians who used ICT for teaching and learning law. The report addresses the changing characteristics of higher education institutions, motivations for adopting ICT, methods of using ICT to teach law students, difficulties encountered, factors that may influence adoption of new technologies for teaching and learning, and strategies for supporting such initiatives. 547. Falkow, Michele G. “Visual Literacy and the Design of Legal Websites.” Law Library Journal 97 (2005): 435–66. Falkow discusses the increasing importance of visual literacy for researchers navigating web sites commonly used in legal academia. After explaining visual literacy principles and their relationship to web design, she applies these principles to evaluate the design of web sites popular among legal researchers. She also provides practical advice for coping with design flaws while using these sites. 548. Goldman, Pearl. “Legal Education and Technology: An Annotated Bibliography.” Law Library Journal 93 (2001): 423–65. This annotated bibliography of scholarly articles examines the impact of technology on law schools and legal education. The bibliography covers literature published in the United States and other English-language countries between 1970 and 2001 and includes an author index. 549. Maharg, Paul. “‘Borne Back Ceaselessly into the Past’: Glossa, Hypertext and the Future of Legal Education.” In 21st BILETA Annual Conference, April 2006, Malta, http://www.bileta.ac.uk/pages/Conference%20Papers.aspx. Maharg explores the link between digital IT and medieval glossed literature. Analogizing hypertext to thirteenth century glosses, he highlights the similar- ity between the linking of web documents and the complex cross-referencing of marginal and interlinear annotations. Understanding these nonlinear reading skills could help educators appreciate how law students develop hypertextual reading skills. He also suggests that law students would benefit from social software enabling them to create and share their own web glosses. 550. Maharg, Paul, Transforming Legal Education: Learning and Teaching the Law in the Early Twenty-first Century. Burlington, Vt.: Ashgate Publishing Co., 2007. Maharg’s critical examination of legal education makes the case for significant change in the ways law is studied. Alongside his proposals for a modern adap- tation of John Dewey’s model of pragmatic and experiential learning and for greater interdisciplinarity in teaching and learning law, he argues for increased involvement of legal education in technology-enhanced learning. Technological aspects of the book will be updated in Maharg’s blog at http://zeugma.typepad .com, while the Transforming Initiative will be based upon a community of practice wiki at http://www.transforming.org.uk/transforminginitiative.htm. 2008-22] Legal Education and Technology II 521

551. Paliwala, Abdul. “Reducing Costs, Improving Access and Quality: The Promise of Technology?” Journal of Information, Law and Technology, 2003, no. 2, http://elj.warwick.ac.uk/jilt/03-2/paliwala.html The U.S. Center for Academic Transformation conducted a study comparing costs of IT-based teaching with traditional teaching. Based on a review of thirty funded projects, the study concluded that instructional technology significantly reduced costs and improved access to online learning resources, performance, and retention rates. The author discusses whether similar initiatives could be successfully adopted in U.K. legal education. 552. Paliwala, Abdul. “Legal e-Learning in Network Society.” Journal of Information, Law and Technology, 2007, no. 1, http://www2.warwick.ac.uk/ fac/soc/law/elj/jilt/2007_1/paliwala. Paliwala provides a critical review of the history of electronic legal education from a global perspective, connecting it with the technologies that shape society, economy, and culture. He discusses transitions in legal information retrieval, the shift from stand-alone to networking pedagogy, covering diverse topics such as VLEs, courseware, podcasts, and social networking, and suggests ways in which these transitions and concomitant conflicts may be negotiated. 553. Shavers, Anna Williams. “The Impact of Technology on Legal Education.” Journal of Legal Education 51 (2001): 407–12. This article outlines the impact of technology on five aspects of legal education: (1) the addition of new courses to the curriculum and changes in content of existing courses; (2) changes in classroom teaching and in communications outside the classroom; (3) faculty rewards and recognition for time spent developing or using technology teaching methods; (4) issues relating to access to legal information; and (5) costs of purchasing equipment and training technology personnel. 554. Sonsteng, John O., Donna Ward, Colleen Bruce, Michael Petersen. “A Legal Education Renaissance: A Practical Approach for the Twenty-First Century.” William Mitchell Law Review 34 (2007): 303–472. This article proposes a model for change in legal education. Among the many topics addressed are the technological advances that have changed legal education and the ineffective use of technology as an obstacle to innovation and reform.

Author Index

Author Entry Number Author Entry Number Aamot, Kari ...... 199 Arakawa, Ayumu 118 Ableson, Serena ...... 258, 373 Aretz, Carlo ...... 86, 298 Adelman, Elizabeth G. 182 Arewa, Olufunmilayo B. 473 Aleven, Vincent ...... 30, 31, 35, 45 Armitage, Susan ...... 47 Althouse, Ann ...... 350, 472 Arndt, Don 183 Anonymous ...... 374 Ashley, Kevin D. 31, 32, 33, 34, Ansley, Fran ...... 141 ...... 35, 40, 45, 125, 310 522 Law Library Journal [Vol. 100:3

Author Entry Number Author Entry Number Atwood, Barbara ...... 150, 259 Bruce, Colleen 554 Augustine-Adams, Kif ...... 447 Buchanan, Ruth ...... 153 Austin, Regina ...... 91 Bueno, Tania C. D. 25, 299 Axtmann, Margaret Maes ...... 391 Burks, Randall D...... 263 Balkin, Jack M...... 351, 474 Burnett, Stephen ...... 544 Balleste, Roy ...... 36, 260, 375, Burton, Kelley ...... 102 376, 377, 378 Butler, Des 51, 154 Barber, Marianne ...... 379 Butler, Jennifer ...... 155 Barkan, Steven M...... 380, 448 Butler, Paul 481 Barnaby, Suzette 151 Byrnes, William H...... 264 Barnett, Daniel 184 Callister, Paul D. 188, 384 Barry, Margaret Martin ...... 142 Canick, Simon ...... 482 Barton, Karen . . . . . 46, 115, 116, 261 Caputo, Angela 103 Bastress, Robert M...... 143, 185 Caron, Paul L. . . 314, 354, 483, 484, 545 Becker, David M...... 311, 530 Carr, Chad S. 37 Beckerman-Rodau, Andrew ...... 133 Carroll, Michael W...... 485 Bentley, Duncan 1 Carver, Tracy 2, 156, 192, 315 Berg, Paula E...... 262 Catanzariti, David ...... 66 Bergman, Paul ...... 92, 152 Cerevkova, Andrea 48, 49 Berman, Douglas A...... 352, 475 Chapman, Michael 52 Biasiotti, Maria Angela ...... 532 Cheney, Kristen ...... 385 Bintliff, Barbara . . . . 312, 353, 381, 533 Cherry, Anna M...... 449 Black, Bernard S...... 354 Childs, Bill 53, 356 Blandford, Ann ...... 416, 417, 464 Chiorazzi, Michael 386 Blevins, Timothy D...... 186 Christiansen, Caroline ...... 486 Bloxham, Sefton 10, 47, 48, 49, 325 Chui, Wing Hong ...... 54 Bodie, Matthew T...... 50, 476, 531 Ciolli, Anthony 450, 487 Boyle, Robin A...... 187, 313 Clinch, Peter . . . .55, 104, 189, 190, 387 Bracey, Christopher A. 477 Cobb, Tom ...... 11, 191 Bravy, Gary J...... 382 Cochran, Cathy ...... 141 Brescia, William ...... 383 Cockburn, Tina . . 2, 105, 156, 192, 315 Brillantine, Frances M...... 406 Cohen, Morris L. 488 Bronitt, Simon 162 Collins, Lauren M. 193 Brooks, Rosa...... 355, 478 Corbin, Lillian ...... 157 Brophie, Alfred L...... 479 Cox, Anna L. 416, 417, 464 Brown , J. Robert, Jr. 480 Craig, Alison 204 2008-22] Legal Education and Technology II 523

Author Entry Number Author Entry Number Crocker, Angela ...... 316 Eichen, Marc 392 Crossley, Jenni ...... 56 Eisenberg, Theodore 357 Cuffe, Natalie ...... 12, 212 Elkins, James R...... 93, 94, 195 Cukier, Naomi 251 Elliott, Kay Elkins 195 Cunningham, Larry ...... 3 England, Philippa . . . 160, 161, 270, 271 Cunningham, Lawrence A...... 489 Engle, Eric ...... 38 Curtis, Debra Moss ...... 57 Evans, Jennifer 267 Cusick, Stephen L. 100, 174 Evans, Judith ...... 276, 321 Czapanskiy, Karen ...... 149 Eynon, Rebecca ...... 546 Dailey, Susan R...... 58, 194 Fairhurst, John ...... 272 Danner, Richard A. 13, 265, 317, Falconer, Lynette ...... 124 ...... 388, 490, 491 Falkow, Michele G...... 547 Datt, Kalmen Hyman ...... 158, 266 Feather, K. Celeste 382 Davidson, Alan 134 Featherman, Elizabeth Lai 200 Davidson, Stephanie 419 Feigenson, Neal ...... 8, 340 Davies, Jackie ...... 159 Felton, James ...... 358, 359 Davis, Benjamin G...... 195, 196 Fentiman, Linda C...... 273 Davis, Helane E...... 492 Field, Andrew ...... 318, 319 Day, Meredith 267 Fletcher, Stuart ...... 162 De Jong, Mark ...... 389 Foley, Tony 4, 145 De Mulder, Richard V...... 451 French, Thomas R. 393 Desai, Ravi ...... 34 Friel, Raymond J...... 274 DeTombe, Dorien J. 136 Froomkin, A. Michael ...... 495 Diamond, Randy 144 Furnish, Carol ...... 394 Dickerson, Darby ...... 452 Gaitenby, Alan 195, 201 Donahoe, Diana R. 59, 197 Gale, Christopher J. S ...... 14 Donaldson, Angela 268 Gallacher, Ian . . . . . 202, 203, 454, 496 Doran, Sean ...... 493 Galves, Fred ...... 106 Doyle, John ...... 494 Gay, W. David 395 Dranias, Nick ...... 269 Gaze, Beth ...... 291 Dubin, John C...... 142 Gely, Rafael ...... 314 Duggan, James E...... 198 Gerdy, Kristen B...... 204, 455 Duguid, Paul 390 Gerhardt, Deborah R...... 456 Dunham, Catherine Ross ...... 453 Germain, Claire M...... 396, 397 Edmonds, Edmund P...... 391 Gibbons, Hugh 39 Ehrenberg, Suzanne ...... 199 Giddings, Jeff ...... 146 524 Law Library Journal [Vol. 100:3

Author Entry Number Author Entry Number Gleason, Diana L...... 275 Holtom, Brooks C...... 211 Golann, Dwight ...... 95, 205 Honabach, Dennis R...... 534 Goldin, Ilya M...... 40, 125 Hook, Barbara ...... 146 Goldman, Pearl ...... 206, 320, 548 Hook, Peter A...... 323, 403 Golovchinsky, Gene 76 Hoorn, Dore van ...... 135 Gordon, Holliday ...... 409 Hoorn, Esther ...... 135 Gordon, Thomas F. 41 Horowitz, Paul ...... 498 Grey, Debbie 398 Hotchkiss, Carolyn 166 Griffith, Janice C...... 346 Howard, Paul E...... 404 Haas, Stephen M...... 360 Hunter, Dan ...... 62, 499, 500 Hackerson, Deborah ...... 207 Hurley, Tom ...... 458 Hall, Timothy S...... 96, 163 Hurt, Christine ...... 362 Halstead, Peter 276, 321 Hutchinson, Terry ...... 212, 363 Hampton, Andre ...... 97 Hyams, Ross 147 Hanlon, James ...... 322 Ibusuki, Makoto ...... 18 Hannah, Frances 363 Istl, Danielle 221 Hanson, F. Allan ...... 15 Jackson, Cathie ...... 159 Harbaugh, Joseph D. 16, 143, 185, 347 Jackson, James ...... 383, 395 Haugen, Betty ...... 399 Janda, Richard ...... 167, 324 Havemann, Paul 208 Jarvis, Robert M. 364, 405, 535 Hazelton, Penny ...... 400 Jayasuriya, H. Kumar Percy 406 Hemingway, Anna P. 361, 457 Joergensen, John P. 501 Heminway, Joan MacLeod 60 Johnson, Andrea L...... 277, 365 Hemmens, Ann 401 Johnson, Phill ...... 222 Hendrix, Suzanne B...... 447 Jolly-Ryan, Jennifer ...... 213 Henriss-Anderssen, Diana ...... 107 Jones, Chris ...... 325 Heriot, Gail ...... 497 Jones, Deborah 61, 165 Hermida, Julian ...... 164 Jones, Yolanda P. 148 Herzberg, Abe 61, 165 Jordaans, Astrid ...... 42 Heyde, Christina R...... 209 Joy, Peter A...... 142 Higdon, Michael J. 98, 210 Justiss, Laura 407 Hirsh, Kenneth J. 17 Kamin, Sam ...... 459 Hoekstra, Rinke ...... 42 Kane, Mary Kay ...... 408 Hoeschl, Hugo C...... 25, 299 Kaneko, Daisuke ...... 117, 118 Hoffman, Marci ...... 402 Karp, Judith ...... 57 Hoffmann, Samantha ...... 25, 299 Kaufman, Billie Jo 206, 320 2008-22] Legal Education and Technology II 525

Author Entry Number Author Entry Number Keefe, Thomas 214 Lim, Cynthia 5 Keene, Deborah M...... 409 Lindblom-Ylanne, Sari ...... 327 Kennedy, Gregor ...... 220 Lindgren, James ...... 506 Kent, Mara 278 Linz, Robert M...... 413 Kent, Penelope ...... 28 Lipton, Phillip ...... 61, 165 Kenworthy-U’Ren, Amy L. 211 Litman, Jessica 507 Keppens, Jeroen 26, 178 Litvak, Kate ...... 508 Kerr, Orin S...... 502 Lodder, Arno R...... 219 Kimbrough, Tom 215 Lomio, J. Paul 254 King, Nancy J...... 168 Lynch, Collin 31, 35, 45 Klein, Diane J...... 99 Lynch, Kathy ...... 220 Koo, Gene ...... 216 Lyons, Susan 509 Koper, Peter T. 359 Lysaght, Pamela ...... 221 Krent, Harold J...... 460 MacDuff, Anne 66 Kribble, Meg 410 Mackinnon, Jacquelin . . . . 208 Lam, Paul ...... 119 Madison, Michael J...... 510 Larson, David Allen 195 Maguire, Michael . . . . . 67 Larson, Joni ...... 279 Maharg, Paul 68, 69, 70, 71, 72, Lasprogata, Gail A...... 168 . . . . . 73, 74, 75, 115, 116, 121, 122, Lasso, Rogelio ...... 326 ...... 224, 280, 328, 329, 330, 331, Latrup-Pedersen, Tom ...... 19, 536 ...... 368, 414, 549, 550 Laurence, Robert 63 Maiolo, Shane ...... 81 LaViolette, Nicole, ...... 150, 259 Makdisi, John ...... 415 Le Brun, Marlene J. . . . 64, 65, 66, 119, Makri, Stephann ...... 416, 417, 464 ...... 120, 169, 170, 217, 366, 503 Malkawi, Bashar I. 282 Lee, Leslie A...... 411 Malley, Lynn M...... 225 Lee, Orlan ...... 461 Manzo, Peter B...... 195 Lee, Sarah Hooke ...... 412 Marcel, Kathy ...... 283, 332 Leenes, Ronald 42 Margeton, Stephen G...... 418 Leijen, Jeroen J. 79 Marshall, Catherine C...... 76 Leiter, Brian ...... 504 Marson, James 465 Levine, John M. 34 Martin, Fiona 77, 284 Levit, Nancy ...... 505 Martin, Peter W...... 171, 285, 286, Levy, James B. 126, 218 ...... 537, 538 Li, Tess ...... 119 Martineau, Bradley J...... 511 Liemer, Susan P. 112, 241 Matheson, Scott ...... 419 526 Law Library Journal [Vol. 100:3

Author Entry Number Author Entry Number Matthew, Anne 105, 287 Muttart, Daved M...... 111, 336 Maxwell, Nancy G...... 466 Myers, Kathryn L...... 290 Mayer, John ...... 78, 288 Nadolski, Rob 80 McDade, Travis ...... 222 Nannucci, Roberta 532 McDonald, Jacquie ...... 67 Neacsu, E. Dana ...... 515, 516 McGaugh, Tracy L. . . . . 367, 462, 463 Nevers, Shawn G...... 235, 426 McKellar, Patricia ...... 46, 68, 69, Newman, Marie Stefanini ...... 337 ...... 70, 116, 280 Niedwiecki, Anthony S...... 338 McKenzie, Elizabeth M...... 223 Nolan, Mark A...... 162 McLaren, John 172, 281 Noortwijk, Kees van ...... 451 McNamara, Lawrence ...... 333 Nottage, Luke ...... 18 McPhail, Janelle 67 Novak, Jan Ryan ...... 427 Méndez, Miguel A...... 173 Noveck, Beth Simone ...... 21 Meredith, Sandra 226 O’Connor, Pamela ...... 291 Merritt, Deborah Jones 108, 334 O’Reilly, Jennifer ...... 81 Meyer, Patrick ...... 227 Ogilvy, J. P...... 149 Meyer, Philip N...... 100, 174 Ohm, Paul ...... 369, 517 Miller, Joseph Scott ...... 512 Oldham, Tom ...... 150, 259 Miller, Steven R. 228 Oliphant, Robert E...... 175 Miller, Wayne ...... 17 Onwonga, Dennis Aganyo 22 Milles, James G. . . . .229, 420, 421, 513 Ott, Christopher ...... 383 Millett, Bruce ...... 67 Owen, Martin ...... 122 Milunovich, Kent ...... 422 Pahuja, Sundhya 153 Mitchell, Brian ...... 276, 321 Paliwala, Abdul . . . . . 82, 83, 292, 293, Mitchell, John B...... 358, 359 ...... 328, 540, 541,551, 552 Mock, William B. T...... 20 Pardo, Leslie A...... 427 Moffitt, Michael ...... 230 Parker, Carol A...... 518 Montgomery, John 335 Parrish, R...... 48 Morgan, Thomas D...... 289, 539 Paulus-Jagric, Deborah ...... 428 Most, Marguerite 423, 514 Pendo, Elizabeth 101, 176 Muntjewerff, Antoinette J. 42, 43, 44, Pengelley, Nicholas . . . . 236, 429, 430, ...... 79, 136, 331 ...... 431, 432, 542 Murley, Diane . . . . 109, 110, 137, 138, Penland, Lisa ...... 255 ...... 231, 232, 424, 425 Peoples, Lee F. 237, 433 Murray, Jennifer S. 233 Peppet, Scott R...... 238 Murray, Kristen E...... 234 Perlin, Michael L...... 294, 295 2008-22] Legal Education and Technology II 527

Author Entry Number Author Entry Number Perry, Ronen ...... 519 Schiavetta, Susan ...... 123, 543 Petersen, Michael ...... 554 Schilit, Bill N. 76 Pihlajamaki, Heikki ...... 327 Schilt, Margaret A. 439 Pinkus, Rosa L...... 40, 125 Schwartz, April ...... 521 Pinkwart, Niels 35, 45 Scull, L...... 64, 169 Podgor, Ellen S...... 296 Selby, Courtney ...... 440 Polden, Donald J...... 23, 348 Sellers, Christine L...... 139 Polding, Liz ...... 6, 24, 84 Senjo, Scott R. 360 Ponte, Lucille M. 239, 339 Shafer, Melissa 112, 241 Poustie, Mark R. 177 Shavers, Anna Williams ...... 553 Powell, Daniel C...... 297 Shaw, Lori ...... 89 Power, Gerry 434 Shear, Joan 242 Poyton, David ...... 7, 85 Sheppard, Charles B. 467 Prager, Susan Westerberg ...... 435 Sherwin, Richard K...... 8, 340 Presser, Prue ...... 131, 132, 245, 246 Sibanda, Mondli ...... 27, 441 Price, Morgan N. 76 Silveira, Graciela Jasa 150, 259 Provenzano, Susan E...... 209 Simmonds, Tony 130 Quanjel-Schreurs, Lieke 86, 298 Simon, Sheila ...... 112, 241 Raper, Diane ...... 436 Simoni, Christopher 442 Rasband, James R...... 447 Simons, Spencer L...... 243, 341 Rastorfer, Renee Y...... 404 Sims, Lee 443 Ribeiro, Erica B. Q...... 25, 299 Smith, Beth ...... 444 Richards, Bernadette 87, 127 Smith, Charlene L. 179, 303 Richards, Robert ...... 442 Smith, Craig T. 113, 244, 342 Richardson, Kristy 155 Smith, Nicki McLaurin . . . . . 131, 132, Ricks, Sarah E. 240 ...... 245, 246 Rosen, Andrew S...... 300 Smith, Thomas A...... 522 Rosenberg, Jason ...... 260, 378 Smith-Butler, Lisa ...... 260, 378 Rumbles, Wayne 88, 301 Snyder, Franklin G...... 9, 195, 370 Rumsey, Mary ...... 520, 521 Solum, Lawrence B...... 523, 524 Russell, Gordon ...... 375, 437 Sonsteng, John O. 525, 554 Ryan, T...... 64, 169 Spencer, John ...... 28 Salzer, Robert J...... 302 Spencer, Maureen ...... 28, 343 Samarawickrema, Gayani ...... 81 Spiesel, Christina ...... 8, 340 Sandwell-Weiss, Leah ...... 438 Starren-Weijenberg, Tonnie . . . . 86, 298 Schafer, Burkhard . . . 26, 128, 129, 178 Staudt, Ronald W...... 460 528 Law Library Journal [Vol. 100:3

Author Entry Number Author Entry Number Stecker, Naseem ...... 304 Vuckovic, Richard 66 Steele, Thomas M. 247 Wade, John 1 Stinson, Michael 358, 359 Wakefield, Nicola ...... 253 Strutin, Ken ...... 114 Wangerin, Paul 345 Sugawara, Ikuo 117, 118 Ward, Donna ...... 554 Tan, Cheng Han ...... 305, 344 Wayne, Erica V...... 254 Tappenden, Sue ...... 306 Weresh, Melissa H...... 255 Tarvin, Timothy ...... 383 Westwood, Fiona 261 Taylor, Lyndal ...... 53, 356 Weyand, P...... 64, 169 Teitcher, Carrie W. 248 Whisner, Mary 445 Temple, Hollee S...... 249 White, Frederic ...... 349, 372 Thelwall, Mike 525 Widdison, Robin 90, 256 Thomas, Philip 29 Wilcox, Yvonne ...... 124 Thomson, David I. C...... 140, 250 Williams, Stuart 276, 321 Tylee, Claire 56 Winer, Laura R...... 180 Todd, Jeff 468 Wise, Jane H...... 204 Tyler, Melissa Conley 251 Wiseman, Patrick ...... 308 Van der Meer, Natasja 86, 298 Woods, Robert H...... 309 Van Haaren-Dresens, Ine . . . . 252, 307 Wöretshofer, Jürgen 80 Van Hoorebeek, Mark . . . 465, 469, 470 Wren, Christopher G...... 257 Vaughan, Liwen ...... 525 Wu, Michelle M. 411, 446 Vaughn, Susan ...... 223 Yin, Tung 362 Vladeck, Stephen I. . . . . 471, 526, 527 Zariski, Archie ...... 181 Volokh, Eugene ...... 371, 528, 529