HiggsJ. Eds., Practice-Based Education: Perspective and Strategies (Rotterdam: Sense Publishers, 2012): At 4.
5.
A. B. A. Section of Legal Education and Admissions to the Bar, Report of The Task Force on Law Schools and the Profession: Narrowing the Gap, Legal Education and Professional Development – An Educational Continuum (Chicago: American Bar Association, 1992)
6.
[hereinafter MacCrate Report].
7.
SullivanW. M., Educating Lawyers: Preparation for the Profession of Law (San Francisco, CA: Jossey-Bass, 2007).
8.
“Most law schools give only casual attention to teaching students how to use legal thinking in the complexity of actual law practice. Unlike other professional education, most notably medical school, legal education typically pays relatively little attention to direct training in professional practice.”Id., at 6.
9.
See also DilloffN., “Law School Training: Bridging the Gap between Legal Education and Practice of Law,”Stanford Law and Policy Review24, no. 2 (2013): 425–456.
10.
See MacCrate Report, supra note 4, at 238. Practice-based or experiential learning within the legal education context includes legal clinics, externships and field placements, practice skills courses, and pro bono work.
11.
See National Association for Law Placement and NALP Foundation, 2011 Survey of Law School Experiential Learning Opportunities and Benefits: Response from Government and Nonprofit Lawyers, National Association for Law Placement (2012), available at <http://www.nalp.org/uploads/2011ExpLearningStudy.pdf> (last visited October 10, 2014)
12.
National Association for Law Placement and NALP Foundation, 2010 Survey of Law School Experiential Learning Opportunities and Benefits (2011), available at <http://www.nalp.org/uploads/2010ExperientialLearningStudy.pdf> (last visited October 10, 2014).
“At present, the system faces considerable pressure because of the price many students pay for their education, the large amount of student debt, consecutive years of sharply falling applications, and dramatic changes, possibly structural, in the market for jobs available to law graduates. These factors have resulted in great financial stress on law schools, damage to career and economic prospects of many recent graduates, and diminished public confidence in the system of legal education.” Id., at 2.
SchaubhutN. A., CPP Research Department, Technical Brief for the Thomas-Kilmann Conflict Mode Instrument: Description of the Updated Normative Sample and Implications for Use (Mountain View, CA: CPP, Inc., 2007): At 1, available at <http://www.kilmanndiagnostics.com/sites/default/files/TKI_Technical_Brief.pdf> (last visited October 10, 2014).
SealC. R., “Social Emotional Development: A New Model of Student Learning in Higher Education,”Research in Higher Education Journal, no. 10 (March 2011): 1–13, at 6, available at <http://www.aabri.com/manuscripts/10672.pdf> (last visited October 10, 2014) (commenting on the social emotional development model is “organized along two dimensions: (1) recognition of self and which includes awareness and consideration; and (2) regulation of relation and task, which includes connection and impact”).
22.
DurlakJ. A., “The Impact of Enhancing Students' Social and Emotional Learning: A Meta-Analysis of School-Based Universal Interventions,”Child Development82, no. 1 (January/February 2011): 474–501.
23.
WachtelT., Defining Restorative, International Institute for Restorative Practices: A Graduate School (2013), available at <http://www.iirp.edu/pdf/Defining-Restorative.pdf> (last visited October 10, 2014).
24.
Id.
25.
Id.
26.
Id.
27.
An example of an affective statement may be, “It makes me uncomfortable when I see you ignoring Sandy” or “I appreciated you volunteering to help me.”
28.
See Wachtel, supra note 17, at 4.
29.
Examples of affective questions include: What happened? What were you thinking at the time?Who has been affected by what has happened? What do you think you need to do to make things right?.
30.
See Wachtel, supra note 17, at 7–8.
31.
See generally PranisK., The Little Book of Circle Processes: A New/Old Approach to Peacemaking (Intercourse, PA: Good Books, 2005).
32.
Mediation means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. National Conference of Commissioners on Uniform State Law, Uniform Mediation Act (August 2001).
33.
A multi-party process in which all of the people affected by a behavior or a conflict that has caused them harm are convened for a meeting to have a conversation about that situation. The goal of the conference is to create an agreement that will repair the harm. During the conference, all participants have an opportunity to discuss what happened, how they were personally affected, and how the harm can best be repaired
34.
This process may be used in conflicts involving large numbers of people and is often used as an alternative to juvenile court. MACRO Maryland, MACRO Consumers' Guide to ADR Services in Maryland, 5th ed. (December 2013), available at <http://www.courts.state.md.us/macro/pdfs/consumersguide/consumersguidetoadrservices.pdf> (last visited October 10, 2014).
35.
A fully restorative process involves the active participation of three sets of primary stakeholders: Victims, offenders, and communities of care. See Wachtel, supra note 15, at 4.
RowthornV., “A Place for All at the Global Health Table: A Case Study about Creating an Interprofessional Global Health Project,”Journal of Law, Medicine & Ethics41, no. 4 (2013): 907–914, at 912 (“Some student teams have been more successful in terms of team dynamics, informal selection of leaders, communication, and conflict resolution than others, and more successful years were likely a result of luck, rather than a systemic effort on our part to teach them these skills.”).
41.
See Durlak, supra note 16, at 408.
42.
See American Institutes for Research, Improving College and Career Readiness by Incorporating Social and Emotional Learning (March 2013): At 11–12;.
43.
MirskyL., “Restorative Practices: Whole-School Change to Build Safer, Saner School Communities,”Restorative Practices E-Forum (May 26, 2011), available at <http://www.iirp.edu/iirpWebsites/web/uploads/article_pdfs/93801_Whole-School-Change.pdf> (last visited October 10, 2014). A whole-school approach involves 100% of staff in training and implementation of a restorative practices plan. Rather than a small group of staff receiving training or a piecemeal attempt at conducting restorative interventions, the whole school approach relies upon everyone's input and participation.
44.
See International Institute for Restorative Practices, Whole-School Change (2011), available at <http://www.iirp.edu/pdf/WSC-Overview.pdf> (last visited October 10, 2014).
45.
See Rowthorn, supra note 33, at 8.
46.
See Mirsky, supra note 35, at 2 (“[I]nformal practices have a more far-reaching effect because they are cumulative and become part of everyday life”).
47.
ZinsJ. E., Building Academic Success on Social and Emotional Learning: What Does the Research Say? (New York: Teachers' College Press, 2004): At 3.