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 health care system and health
disparities and the law. Furthermore, given the impact race and gender have
on the law (and vice versa) my approach to teaching is to explicitly
explore race and gender as a component of health care
delivery and law-making.
A. 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 working program for solving
problems;
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- provides you with the
opportunity to excel.
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- provides you with criteria for
what it is you need to do to excel and specifically the progress you are making;
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- provides you with the opportunity
to practice each new skill throughout the learning
process; and,
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- provides you with adequate
instruction on how to study for law school and this
course.
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Thus, it is my goal, through an educationally sound pedagogy, to
provide you with an opportunity to learn and to excel.
B. Teaching Objective #2: Health
Disparities and the Law Teaching Objectives
Health care 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:
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- Move health discussions "upstream" - beyond the individual-focused
"repair shop" model of disease and illness to a preventive
approach that looks to change the underlying conditions that shape whole
group outcomes;
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Link health discussions to social, economic and legal policies - e.g.,
housing, racism, education, jobs and wages, community development,
social supports and tax policy. Evaluate social, economic and legal
policies by their health impact
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- Analyze health policy solutions for effectiveness
for health equity
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C. Teaching Objectives #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 defendant, plaintiff, lawyer, juror, judge or law
student. Diversity awareness should be a normative part of the
value system of the practicing attorney. 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 of 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.
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- broadly frames classroom
discussion so that we step outside the doctrinal bounds
of the law to critique the rules, the health care
system and legal practice; and,
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- focuses discussion on health care
problems, interests and values that reflect a broad
range of perspectives.
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