How one
teaches is necessarily influenced by what one perceives as the
goals of legal education. Certainly, the primary goal is to
prepare you to be effective lawyers, judges and policy makers. At
a minimum, that includes helping you to develop the ability
to:
- think critically, precisely, and clearly;
- express yourself succinctly;
- understand the expressions of others; particularly those
who are different than yourself;
- understand human nature, particularly the motivations
and needs of your clients, opponents, jurors, judges,
etc.; and
- use the techniques of the legal profession to represent
a client in general matters, to recognize where you
lack competence, and to comply with accepted ethical
standards.
While it is hardly arguable that preparing you to be an
effective lawyer is an important goal, it is not the only one.
Many of you will be law makers and policy makers, thus training
you to understand the values implicit in the law is an important
goal. Another important goal is to train you to address in a
systematic manner your social responsibilities as an
individual lawyer and your collective responsibilities as a
member of the bar. This includes your responsibility to assist
your community in maintaining an accessible, effective and
socially responsible legal system.
Thus, my objective is to help you continue the process of
meeting those goals. The primary focus of my teaching method is
to provide you an educationally sound introduction to the issues
related to gender and the law. Furthermore, given the impact race,
gender and poverty have on the law (and vice versa) my approach
to teaching is to explicitly explore race, gender and poverty in
the context of Gender and the Law.
Teaching Objective
#1: Educationally Sound Pedagogy
An educationally sound legal pedagogy is a philosophy of legal
education which is grounded in known educational theory. To be so
grounded, an educationally sound legal pedagogy:
- trains you to solve legal problems by providing you with
a working program for solving problems
- provides you with criteria for indicating specifically
what progress you are making;
- provides you with the opportunity to practice each new
skill throughout the learning process; and,
- provides you with adequate instruction on how to study
for law school and this course.
Thus, it is my goal, through an educationally sound pedagogy,
to provide you with an opportunity to learn and to excel.
Teaching Objective
#2: Substantive Teaching Objectives
Gender and the law teaching objectives are those
objectives that relate directly to the substantive area of the
law. They can be divided into two categories: knowledge and
skills/abilities. The objectives of this course are:
- To provide you information about selected
principles of civil rights and significant issues (or
unsettled matters) related to gender and sex;
- To help you understand the value implications of legal
choices and the impact on different men and women;
- To help you develop and improve your analytical skills
including understanding, issue-spotting,
problem-solving, judgment and synthesis;
- To help you to understand the importance of inference
and intuition in problem definition and
problem-solving; and emphasize that "personal
neutrality" is not necessary to scholarly
objectivity.
Teaching Objective
#3: Diversity-Conscious Legal Pedagogy
Class, disability, gender, race and sexual preference issues
are such an integral part of our society (and the legal
profession) that we often overlook how the law affects
individuals with different backgrounds differently. In a diverse
society, such as ours, awareness of how different class,
disability, gender race and sexual preference are effected
differently by the law is essential. This is true whether the
person is a client, witness, defendant, plaintiff, lawyer, juror, judge,
law student or community person.(1) Diversity awareness
should be a normative part of the value system of the practicing
attorney.(2) An education which is
aware of diversity:
- explores how racial, ethnic, gender, class, disability,
cultural and sexual orientation are related to and
impacted by the structure law; In particular it
illuminates the connection between racial and gender
issues and the values, interests, rules and theories
that appear to be neutral but are, in fact, a
representation of the values of the dominant culture.
- broadly frames classroom discussion so that we step
outside the doctrinal bounds of the law to critique the
rules, the legal system and legal practice; and,
- focuses discussion on problems, interests and values
that reflect a broad range of perspectives.
1See, Crenshaw, Foreword: Toward a
Race-Conscious Pedagogy in Legal Education, 11 Nat'l Black L. J.
1 (1989).
2"The Common assertion that
moral values cannot be taught in law schools - or elsewhere to a
person as mature as law students - misses the point that moral
dilemmas cannot be answered well, or even recognized for what
they are without the application of knowledge and analysis that
makes the difference between blind choice [or obedience] and
informed choice." Keeton, supra., 40 Md. L. Rev. at
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