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2016 Mich. St. L. Rev. 757 (2016)
Insights from Psychology: Teaching Behavioral Legal Ethics as a Core Element of Professional Responsibility

handle is hein.journals/mslr2016 and id is 775 raw text is: 




   INSIGHTS FROM PSYCHOLOGY: TEACHING
   BEHAVIORAL LEGAL ETHICS AS A CORE
            ELEMENT OF PROFESSIONAL
                     RESPONSIBILITY

                        Tigran W. Eldrea'

                   2016 MICH.  ST. L. REV. 757

                           ABSTRACT

      The field of behavioral legal ethics-which draws on a large
body  of  empirical research  to explore  how  subtle and   often
unconscious psychological factors influence ethical decision-making
by lawyers-has   gained significant attention recently, including by
many  scholars who  have called for a pedagogy  that incorporates
behavioral lessons into the professional responsibility curriculum.
This Article provides one of the first comprehensive accounts of how
law  teachers can meet this challenge. Based on an approach  that
employs  a variety of experiential techniques to immerse students in
the contextual and emotional aspects of legal practice, it provides a
detailed model  of how  to teach  legal ethics from a behavioral
perspective. Reflections on the approach, including the encouraging
response expressed  by students to this interdisciplinary method of
instruction, are also discussed.

                      TABLE  OF CONTENTS

1.  INTRODUCTION        ...........................................758
II. TEACHING  BEHAVIORAL   LEGAL  ETHICS ........        ...........762
     A.  Understanding Behavioral Science .....       .........762
     B.  Teaching Methodology     ................    ......767



     *    Professor, New England Law | Boston. Special thanks to Lawrence
Friedman, K. Babe Howell, Vivien Holmes, Leslie Levin, Catherine Gage O'Grady,
Robert Prentice, Jordan Singer, Jean Sternlight, Jennifer Stumpf, Juliet Stumpf, and
Molly Wilson for their helpful comments on earlier drafts of this Article. Thanks
also to the American Bar Association's 41st National Conference on Professional
Responsibility and CUNY Law School's faculty colloquium, where earlier versions
of this Article were presented; and to my excellent research assistants, Justin Amos
and Julianna Zitz.

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