Instant Class Polling Using Mobile Devices: An Interactive and Effective Pedagogical Tool

Available methods of instant class feedback had been limited to technology associated with clickers purchased by students, or tied to responses from laptops, which professors have begun banning from the classroom due to distraction. However, obtaining real-time feedback on students’ comprehension of complex concepts remains a critical pedagogical goal, particularly in rule-based courses such as Professional Responsibility.https://digitalscholarship.unlv.edu/btp_expo/1035/thumbnail.jp

The Ethics of Non-Traditional Contract Drafting

A new generation of contract drafters faces increasing commentary advising them to change traditional contract terms into plain language constructions. Yet, traditional, tested terms have consistent meanings, and when these meanings benefit client objectives, advocates should consider retaining them. This article posits that failing to do so can impact a lawyer’s ethical obligations. Specifically, an attorney’s duties of competence, allocation of authority, diligence, and communication under the Model Rules of Professional Conduct require careful thought about modernizing tested contract terms. These duties require the ethical drafter to research whether the use of a traditional, tested term advances a client goal more effectively, and communicate with the client concerning the risks associated with the potential change

The extent to which the geographic proximity, quantity and quality of contact predicts dimensions of social support given to elderly women by their adult children

The purpose of this study was to assess the extent to which the frequency of contact, geographic proximity, and the quality of the relationship between elderly women and their most supportive adult child accounted for the degree of social support obtained by these women, and to evaluate the applicability of the Parental Bonding Instrument (PBI) (Parker, Tupling, & Brown, 1979) as a measure of the affectional and controlling aspects of the relationship between the two populations. One hundred noninstitutional elderly women from the City of Waterloo were interviewed in their homes and were asked to designate their most supportive adult child. Eighty-five of the 100 designated children were interviewed by phone. Five dimensions of social support delineated by Lopata (1978), namely service, financial/advice, socializing, relational sentiments and self-feeling states were the criterion variables. Regression analyses of the motor data yielded no significant predictors of instrumental support. Frequent contact, high affection and low autonomy predicted more socializing support. Affectionate relationships predicted high emotional support. From the child’s perspective, more frequent contact predicted more service support, and frequent contact and the child experiencing more affection significantly predicted high socioeconomical support for the mother. Reciprocity scores were not significant predictors for the mother data and were only relevant for socializing support in the child data. Apart from focusing on the contribution of the three major predictor variables, the results were discussed in terms of the relative value of mother versus child data, the role of reciprocity and the relative value of emotional closeness as a measure of the quality of the relationship

Perceptions of U.S. teachers of the visually imparied on commercially-produced, described video within educational multimedia.

A nationwide survey was conducted to gain insight into how Teachers of the Visually Impaired (TVIs) perceive commercially-produced, described video within educational multimedia for students with visual impairments and blindness. Of the 490 TVIs who responded, 374 were included in the study based upon its inclusion requirements of being a certified TVIs employed in a K-12, school work setting in the U.S. Data were collected pertaining to the TVIs\u27 levels of knowledge, use, support and recommendation of commercially-produced, described video for educational purposes. Relationships between these variables were explored. Descriptive information was highlighted to add to this exploratory study. Data were gathered to identify whether or not there were significant differences between the TVIs\u27 academic work settings (i.e., schools for the blind, public schools and “other” schools) and the extent of their recommendation levels of commercially-produced, described video for students with visual impairments. The results indicated that there were relationships between each of the TVIs\u27 levels of knowledge, use and support of commercially-produced, described video and their recommendation of described video for their students with visual impairments. Furthermore, a significant difference within the TVIs’ level of recommendation of commercially-produced, described video was found between the TVIs who worked in the schools for the blind and TVIs who worked in public schools. Additionally, a significant difference in the TVIs\u27 recommendation levels was discovered between TVIs who were employed in schools for the blind and TVIs who worked in “other” schools. Implications and limitations of the study were identified and suggestions were given for future research. Specific implications from the study\u27s findings were outlined for educators, administrators, educational media companies and policy makers who may affect the supply and demand of described video within education. Recommendations for increasing TVIs\u27 educational opportunities on learning how to request and use described video for students in educational settings were made based upon the study\u27s findings. In addition, the findings stressed the crucial need for educational media companies and vendors to increase the supply of commercially-produced, described video. This study\u27s findings added to the sparse previous research on the topic of video description in educational settings

Redefining Roles and Duties of the Transactional Lawyer: A Narrative Approach

Today’s transactional lawyers perform myriad tasks for their clients, including structuring, drafting, conceptualizing, negotiating, and executing the complex, risky, and often cutting-edge transactions their clients bring to the table. On the other side of that table, often sits another team of sophisticated transactional lawyers. These opposing counsel are armed for battle over every nuance, every word, every representation, every deliverable, and every obligation their client is poised to undertake or agree to. Therefore, modern transactional lawyers must behave as advocates and explore new modes of persuasion. As a response, scholars have begun to propose that transactional lawyers employ methods of narrative, or storytelling. Narrative is a time-tested tool employed by litigators. Yet, narrative theory can be applied to the various skills performed by transactional lawyers, and can enhance outcomes from both ethical and normative perspectives

Say the Magic Word: A Rhetorical Analysis of Contract Drafting Choices

Drafters of complex contracts often face a thorny dilemma – determining whether to retain “magic words” included in form documents, especially when considering the advice of current contract style scholars advocating for the removal of all traditional contract prose. But the drafter need not remove all terms that serve as elegant shorthand for more convoluted legal concepts, particularly where the inclusion of the term advances client interests. The application of rhetorical criticism – the analysis of methods of communicating ideas – to drafters’ use of the term “time is of the essence” sheds light on the dominant motivations of drafters who choose to retain traditional terms, and illustrates the potential benefits of doing so. Exploration of the development of drafting scholarship, along with empirical studies and literary theory, support the retention of certain “magic words” in complex contracts between sophisticated parties, particularly where beneficial to client advocacy

Navigating Technology Competence in Transactional Practice

In 2012, the American Bar Association House of Delegates, based on the work of the ABA Commission on Ethics 20/20, amended the Model Rules of Professional Conduct (Model Rules) to include a new requirement concerning lawyer competence. The obligation, enacted as Comment 8 to existing Model Rule 1.1 (outlining a lawyer\u27s requisite competence) (Rule 1.1), requires lawyers keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. To date, Comment 8 to Rule 1.1 (Comment 8 or the Comment) has been adopted in thirty-eight states, and has begun generating scholarship and debate as to its enforcement, efficacy, and extent. However, very little has been written regarding the requirements of Comment 8 on transactional lawyers. Nor have scholars considered how the increased efficiencies that might be fostered by Comment 8 could increase the marketability and reach of transactional lawyers to traditionally underrepresented groups, including entrepreneurs and small businesses. This Article will examine the potential benefits and risks of technology competence in transactional lawyering, provide workable guidelines for compliance in the quickly changing landscapes of legal technology and dealmaking, and propose that the ABA provide additional guidance