What\u27s on First?: Organizing the Casebook and Molding the Mind

This study empirically tests the proposition that law students adopt different conceptions of the judge’s role in adjudication based on whether they first study intentional torts, negligence, or strict liability. The authors conducted an anonymous survey of more than 450 students enrolled in eight law schools at the beginning, mid-point, and end of the first semester of law school. The students were prompted to indicate to what extent they believed the judge’s role to be one of rule application and, conversely, to what extent it was one of considering social, economic, and ideological factors. The survey found that while all three groups of students shifted toward a belief that judges consider social, economic, and ideological factors, the degree of the shift differed in a statistically significant way depending on which torts their professors taught first. These differences persisted throughout the semester, even after they studied other torts. Further, these differences were observed even when the analysis controlled for law school ranking and were more pronounced among students attending the highest ranked schools. In interpreting the survey results, the authors employ sociologist Erving Goffman’s theory of “frame analysis” and the work of cognitive psychologists including Amos Tversky and Daniel Kahneman on “anchoring.” The Article concludes that the category of tort liability to which students are first exposed affects the “frame” or “lens” through which they view the judicial process. This frame becomes anchored and persists throughout the study of other tort categories. The lessons about the nature of the judging process learned implicitly through the professor’s choice of topic sequence may be even more important than the substantive topics themselves

The Teaching of Procedure Across Common Law Systems

What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school subject. Through a comparative approach, this series of articles explores what difference the approach a particular jurisdiction has chosen to adopt makes for legal education, legal scholarship, the practice of law and the profession, and to civil justice reform in our legal system. En quoi l’enseignement de la procédure civile modifi e-t-il les études juridiques, la recherche juridique, la profession d’avocat et la réforme de la justice civile? Ce premier de quatre articles sur l’enseignement de la procédure dresse le tableau de l’approche actuellement utilisée dans quatre systèmes juridiques – aux États-Unis, au Canada, en Australie, en Angleterre et au Pays de Galles – et se penche sur la place qu’occupe la procédure dans le programme des facultés de droit et dans la formation professionnelle, les matières qui constituent la « procédure » et les diverses façons d’apprendre la procédure. L’importance et l’incidence de cette matière traditionnelle des facultés de droit ont fait jusqu’ici l’objet de fort peu de réfl exion en profondeur. Par le biais d’une approche comparative, cette série d’articles examine en quoi l’approche adoptée dans ces pays modifi e chez nous les études et la recherche juridiques, la pratique du droit, la profession d’avocat et la réforme du système de justice civile

McGovern, International Trade Regulation

International Trade Regulation is a work with many strengths and few weaknesses. One could nitpick about certain aspects of its organization, but basically the organization is sufficiently logical overall that the book could be read cover to cover and be a coherent introduction to the subject of international trade regulation for a novice in the field. At the same time, within each section, the exposition of the basic international rules, followed by a discussion of the related United States and EEC rules, works well

The Viability of the $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, and Author Incentives

It is not uncommon for a new hardbound copy of today’s law school casebooks to exceed $200. And, each year, the prices inch ever higher. After exploring the various dynamics in the traditional publishing market that have led to the current prices for casebooks, this article describes the experiences of Semaphore Press, a publisher of law school casebooks that offers a very different approach to providing law school casebooks. Semaphore Press offers digital copies of required textbooks for law school classes, (in pdf format with no digit rights management (DRM) restrictions), at a suggested price of$30. In addition, students can alter the price they pay, paying less or more than the suggested price, or they even download a copy of a required casebook for free. Semaphore Press’s commitment, embodied in this design, is that - whatever else happens - the student obtains access to the course materials. This article explores the viability of this model, sharing data gathered over past semesters. Approximately 83% of students enrolled in courses in which a Semaphore Press book was assigned paid for the book. The article details the amounts of student payments, and explores why students may be paying for digital books that they know they can obtain for free. The Semaphore Press experience with digital casebooks containing no DRM suggests that under current market conditions, a voluntary payment distribution model with a suggested $30 price is not only a model welcomed by law students, but it is a viable option both for authors and adopting professors

Casebook: a virtual patient iPad application for teaching decision-making through the use of electronic health records

BACKGROUND: Virtual Patients are a well-known and widely used form of interactive software used to simulate aspects of patient care that students are increasingly less likely to encounter during their studies. However, to take full advantage of the benefits of using Virtual Patients, students should have access to multitudes of cases. In order to promote the creation of collections of cases, a tablet application was developed which makes use of electronic health records as material for Virtual Patient cases. Because electronic health records are abundantly available on hospital information systems, this results in much material for the basis of case creation. RESULTS: An iPad-based Virtual Patient interactive software system was developed entitled Casebook. The application has been designed to read specially formatted patient cases that have been created using electronic health records, in the form of X-ray images, electrocardiograms, lab reports, and physician notes, and present these to the medical student. These health records are organised into a timeline, and the student navigates the case while answering questions regarding the patient along the way. Each health record can also be annotated with meta-information by the case designer, such as insight into the thought processes and the decision-making rationale of the physician who originally worked with the patient. Students learn decision-making skills by observing and interacting with real patient cases in this simulated environment. This paper discusses our approach in detail. CONCLUSIONS: Our group is of the opinion that Virtual Patient cases, targeted at undergraduate students, should concern patients who exhibit prototypical symptoms of the kind students may encounter when beginning their first medical jobs. Learning theory research has shown that students learn decision-making skills best when they have access to multitudes of patient cases and it is this plurality that allows students to develop their illness scripts effectively. Casebook emphasises the use of pre-existing electronic health record data as the basis for case creation, thus, it is hoped, making it easier to produce cases in larger numbers. By creating a Virtual Patient system where cases are built from abundantly available electronic health records, collections of cases can be accumulated by institutions

Overseas investment of Chinese enterprises : a casebook on corporate social responsibility

This book offers unique case studies on Corporate Social Responsibility (CSR) in overseas investments of Chinese Enterprises, covering different industry sectors and regions. The decision making process of key stakeholders in ethical dilemmas, successes, failures and lessons learnt in CSR are analyzed. This book also offers an analysis of the core principles of effective stakeholder engagement, strategic planning and due diligence in the investment process, in topics such as infrastructure, mergers and acquisition, integration of local employees, trade unions and responsible advertising. It reiterates the importance of responsible business for the success of effective Outbound Direct Investment (ODI) strategies