Stephanie Feldman-Aleong: A Legacy Of Love and Loyalty

In memoriam

Save Our Children: Overcoming the Narrative that Gays and Lesbians are Harmful to Children

This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbian were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher\u27s narrative paradigm as a theory of communication and rhetoric, which provides a theoretical basis for why courts are more likely to challenge arguments against same-sex marriage while voters are likely to adopt arguments if they ring true to their own experiences and values. Part III applies Fisher\u27s theory to show how gay rights opponents, in their first initiative campaigns to rescind gay rights, effectively developed a narrative that gay people were harmful to children. This narrative was subsequently cemented into the nation\u27s collective psyche through the HIV/AIDS crisis, the rise of the Moral Majority, the Catholic Church molestation scandal, and the Boy Scouts\u27 ban on gay members. Part IV uses the California Proposition 8 campaign and subsequent federal trial to provide a detailed example of the difference in the way voters and courts evaluate the narrative that gay people are harmful to children, with the narrative swaying voters but being rejected by the court

Lawyers and Learning: A Metacognitive Approach to Legal Education

The article discusses how the current methods of teaching law students hinder their ability to transfer the knowledge and skills learned in law school to the practice of law. I propose integrating learning theory into the law school curriculum, with a specific focus on teaching metacognitive skills. Generally, metacognition refers to having both an awareness of and control over one’s learning and thinking. Professors can help the students gain an awareness of their learning by focusing the students on which learning preferences and experiences they bring to law school and how they can match them to the skills required of a lawyer. The professor can then foster the control of learning by using several technological tools (ie., learning blogs, message boards, and other online tools) to help the students plan, monitor, and evaluate their learning more effectively. By integrating these steps into the law school curriculum, professors are more likely to help students “learn like a lawyer.

Morning Session

Welcome & Introductions

Save Our Children: Overcoming the Narrative that Gays and Lesbians are Harmful to Children

The United States has seen a dramatic shift in support for marriage equality for same-sex couples over the past decade, culminating in a recent gay rights victory in the U.S. Supreme Court. Also in the past year, several states have approved marriage rights for same-sex couples through the legislative or initiative process, reflecting the increasing cultural and political acceptance of marriage between same-sex partners. Polls support this cultural shift in the United States, with a 16% jump in approval for same-sex marriage since 2001 and a 24% jump since 1996. This reflects a significant change in public opinion over a very short period of time and is in stark contrast to the large number of states that have passed and continue to enforce constitutional amendments banning marriage rights for same-sex couples. This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbian were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher’s narrative paradigm as a theory of communication and rhetoric, which provides a theoretical basis for why courts are more likely to challenge arguments against same-sex marriage while voters are likely to adopt arguments if they ring true to their own experiences and values. Part III applies Fisher’s theory to show how gay rights opponents, in their first initiative campaigns to rescind gay rights, effectively developed a narrative that gay people were harmful to children. This narrative was subsequently cemented into the nation’s collective psyche through the HIV/AIDS crisis, the rise of the Moral Majority, the Catholic Church molestation scandal, and the Boy Scouts’ ban on gay members. Part IV uses the California Proposition 8 campaign and subsequent federal trial to provide a detailed example of the difference in the way voters and courts evaluate the narrative that gay people are harmful to children, with the narrative swaying voters but being rejected by the court