Friday November 20, 2009

School of Law

Kirsten Dauphinais

Associate Professor of Law, Director of Lawyering Skills & Alphson Research Fellow
dauphinais@law.und.edu

Kirsten Dauphinais

Professor Dauphinais received her J.D. from the Columbia University School of Law in 1996 and her B. A. in Political Science magna cum laude from Colgate University in 1993 where she was a member of Phi Beta Kappa. While in law school, Professor Dauphinais was the Bernstein Memorial Scholar, a member of the Columbia Journal of Law and Social Problems, and served as a research assistant to Professor Frank Grad.

Upon graduating law school, Professor Dauphinais served as a law clerk to Judge Michael Farrell of the District of Columbia Court of Appeals. Following her clerkship, Professor Dauphinais worked as an Attorney-Advisor to the United States Department of Commerce, where she specialized in ethics law.

Professor Dauphinais entered academia in 2001 and taught for four years as a Legal Writing Instructor at the Howard University School of Law before joining the UND faculty in 2005. Professor Dauphinais teaches lawyering skills and appellate advocacy, in addition to directing the lawyering skills program. She lectures and publishes in the fields of legal pedagogy and law and psychology. She has presented in Kenya, Mexico, and Turkey and currently serves as Co-Chair of the Teaching Committee of the Association of Legal Writing Directors.

UND Discovery Profile

ACADEMIC EXPERIENCE
EDUCATION
PUBLICATIONS
OTHER RESEARCH
COURSES TAUGHT
PRESENTATIONS
AWARDS
PROFESSIONAL AFFILIATIONS
COMMITTEES - PROFESSIONAL, UNIVERSITY & LAW SCHOOL
PROFESSIONAL DEVELOPMENT
OTHER LAW SCHOOL SERVICE
COMMUNITY, LEGAL, AND ACADEMIC SERVICE
PRESSLEGAL EXPERIENCE

ACADEMIC EXPERIENCE

University of North Dakota School of Law, Grand Forks, ND

Associate Professor of Law - August 2009 - present

Assistant Professor of Law, 2005 - 2009

Director of Lawyering Skills, 2005 - present - Lawyering Skills Website

Alphson Research Fellow, 2006 - present

Co-Coordinator of Academic Support, 2009 - present

Howard University School of Law, Washington, DC

Legal Writing Instructor 2001 - 2005

EDUCATION

Columbia University School of Law, New York, NY, Juris Doctor May, 1996
Honors:
Recipient, Bernstein Memorial Scholarship (for academic excellence and professional responsibility)
Activities:
Member, COLUMBIA JOURNAL OF LAW AND SOCIAL PROBLEMS
Intern, Westside Victim Services Domestic Violence Project
Coach, Legal Outreach Mock Trial Competition and Summer Law Institute
Recipient, Columbia Public Interest Summer Grant

Colgate University, Hamilton, NY, Bachelor of Arts, Political Science May, 1993
Honors:
Magna Cum Laude
Cumulative GPA: 3.74
Phi Beta Kappa
Top 3% of Graduating Class
Recipient. Colgate Alumni Memorial Scholarship (top 5% of entering class and academic scholarship for full financial need)
Recipient, Dean's Award every Semester
Two-time Recipient, Paul M. Himmelman Scholarship (for the outstanding Political Science major)
Activities:
Vice President, College Democrats of Colgate, 1990-92

PUBLICATIONS

Richard A. Wise, Kirsten A. Dauphinais, & Martin A. Safer, A Tripartite Solution to Eyewitness Error, 97 J. CRIM. L. & CRIMINOLOGY 807 (2007).

Utilized nationwide in bench and bar Continuing Legal Education programs conducted by the Innocence Project; Cited favorably in State v. Clopten, 186 P.3d 1004, 1009 (Utah App. 2008); Lisa Dufraimont, Regulating Unreliable Evidence:  Can Evidence Rules Guide Juries and Prevent Wrongful Convictions? 33 Queen’s L.J. 261, 269 n.23 (2008); Stephan Landsman, Reflections on Juryphobia and Medical Malpractice Reform, 57 DePaul L. Rev. 221 (2008);
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=242784 (posted as of 4/14/09) (National Criminal Justice Reference Service – United States Department of Justice); http://criminaldefense.homestead.com/Bibliography.html (posted as of 10/8/08); http://correctionssentencing.blogspot.com/2008/01/more-ncjrs-abstracts-january-19-2007.html (posted as of 2/7/08); http://web.austin.utexas.edu/law_library/innocence/subject.cfm?subject=2 (posted as of 12/19/07); http://www.encyclopedia.com/doc/1G1-171772093.html (last visited 10/8/08).

Kirsten A. Dauphinais, Valuing and Nurturing Multiple Intelligences in Legal Education: A Paradigm Shift, 11 WASH. & LEE R. & ETH. ANC. L. J. 1 (2005) (lead article).

Reprinted on the Legal Trends Network at http://www.legaltrends.net/.  Reviewed favorably by Multiple Intelligences & Legal Education, Law school academic support blog, Aug. 1, 2005,  http://lawprofessors.typepad.com/academic_support/learning_styles/.  Cited favorably by Becky L. Jacobs, Teaching and Learning Negotiation in a Simulated Environment, 18 Widener L. Rev. 91, 108 n.64 (2008); Nancy A. Welch, Looking Down the Road Less Traveled:  Challenges to Persuading the Legal Profession to Define Problems More Humanistically, 2008 J. Dispute Resol. 45, 50 n.21 (2008); Susan Grover, Personal Integration and Outsider Status as Factors in Law Student Well-Being, 47 Washburn L. J. 419, 424 n.36 (2008); Leah Christensen, Law Students Who Learn Differently:  A Narrative Case Study of Three Law Students with Attention Deficit Disorder, 21 J. L. & Health 45, 62 (2008); Gail Stephenson, View from the Trenches, 38 Cumb. L. Rev. 71 (2008);  Edward Rubin, What’s Wrong with Langdell’s Method, and What to Do About it, 60 Vand. L. Rev. 609, 655 n.151 (2007); Laurie Kadoch, The Third Paradigm:  Bringing Legal Writing “Out of the Box” and Into the Mainstream:  A Marriage of Doctrinal Subject Matter and Legal Writing Doctrine, 13 Legal Writing:  J. Legal Writing Inst. 55, 66 n.45 (2007); Morrison Torey, Yet Another Gender Study?  A Critique of the Harvard Study and a Proposal for Change, 13 Wm. & Mary J. Women & L 795, 804 n.60  (2007); Jane M. Goddard, Building the Cathedral:  Sculpting a Part-Time Legal Education in a Double-Time World, 8 Barry L. Rev. 117, 126 (2007); Chiwen Bao et al., Left Learning:  Theory and Practice in Teaching from the Left in Law School, 531 N.Y.U.  Rev. L. & Soc. Change 479, 487 (2007); L. Darnell Weeden, Raising the Bar in the Affirmative Action Debate:  A Pragmatic Comment on Professor Richard H. Sander’s Systemic Analysis of Affirmative Action in American Law Schools Article, 15 S. Cal. Rev. L. & Soc. Just 195, 219 (2006); Paula Lustbader, Walk the Talk:  Creating Learning Communities to Promote a Pedagogy of Justice, 4 Seattle J. for Soc. Just. 613, 620 n.38(2006); Craig T. Smith, Minds and Levers:  Reflections on Howard Gardner’s Changing Minds,  14 Perspectives 116, 116 (2006); Gail S. Stephenson & Linda C. Fowler, Keeping It Real:  Developing a Culturally and Personally Relevant Legal Writing Curriculum, 9  J. Gender, Race & Justice 67 n.41 (2006); Joanne Ingham & Robin A. Boyle, Generation X in Law School:  How These Law Students Are Different From Those Who Teach Them, 56 J. Leg. Educ. 281 (2006); Marjorie A. Silver, Panel:  Therapeutic Jurisprudence:  An Interdisciplinary Approach at the UCLA School of Law’s Sixth International Conference on Enriching Clinical Education (Oct. 29, 2005).     

Kirsten A. Dauphinais, Safe, 12 JURIST 12 (2002) (column in Howard University School of Law's alumni magazine).

FORTHCOMING PUBLICATIONS

Kirsten A. Dauphinais,Training a Countervailing Elite:  The Necessity of an Effective Lawyering Skills Pedagogy for a Rule of Law Revival in East Africa, 85 N.D. L. Rev. __ (2009) (manuscript 78 pages long).

WORK IN PROGRESS

Kirsten A. Dauphinais, Logical Song (book on selection of legal careers and the changing landscape of the legal profession).

OTHER RESEARCH

Principal Investigator, University of North Dakota School of Law, November, 2005
Law School Admissions Council, LSAT Concurrent Validity Study of UND first year law students.

COURSES TAUGHT

COURSES PRESENTLY TAUGHT

Lawyering Skills I & II;
Advanced Appellate Advocacy;
Moot Court External Competition

COURSES PREVIOUSLY TAUGHT

Administrative Law
Legal Process;
Brief Writing and Appellate Advocacy;
Legal Reasoning, Research, and Writing;
Appellate Advocacy;
Supervisor of Howard Law Journal Notes and Independent Studies

PRESENTATIONS

INTERNATIONAL PRESENTATIONS

Conference on Concepts of Culture in Legal Education, January, 2009
UK Centre for Legal Education, University of Warwick Faculty of Law, Warwick, UK
Led Peer-Reviewed Workshop:  Valuing and Nurturing Multiple Intelligences in Legal Education

Istanbul Legal Skills Conference (with Michele Butts - John Marshall Atlanta), August, 2008
Bahcesehir Faculty of Law, Istanbul, Turkey
Invited Presentation:  Theory of the Case:  Developing a Theme in Legal Writing

Global Legal Skills Conference, February, 2008
Monterrey, Mexico
Peer-Reviewed Panelist: Toward a Legal Writing Pedagogy for East Africa: Building Lawyering Skills and Building Nations
Cited favorably www.thefacultylounge.org2/28/08 (posted as of 3/6/08)

East African Conference on Legal Writing Pedagogy, March, 2007
Nairobi, Kenya
Led Peer-Reviewed Workshop:  Teaching to Students with Different Learning Styles

Association of American Law Schools Conference on New Ideas for Law, June, 2006 School Teachers:  Teaching Intentionally
Vancouver, British Columbia, Canada
Led Peer-Reviewed Workshop:  Valuing and Nurturing our Students Through Multiple Intelligence Pedagogy

NATIONAL PRESENTATIONS

Association of Legal Writing Directors Conference, July, 2009
University of Missouri - Kansas City School of Law
Peer-Reviewed Organizer, Moderator, and Creator:
First Innovative Teaching Workshop

Legal Writing Institute Biennial Conference (with Kendra Fershee), July, 2008
University of Indiana School of Law at Indianapolis
Presented Invited Poster:  History of the Legal Writing Institute

Society of American Law Teachers Conference on Teaching for Social Change, March, 2008
University of California at Berkeley School of Law
Peer-Reviewed Panelist:  Social Change Starts at Home: Utilizing Multiple Intelligences Theory to Implement Equity Pedagogy
in the Law School Classroom

Humanizing Legal Education Symposium, October, 2007
Washburn University School of Law
Delivered Peer-Reviewed Lecture:  Humanizing Legal Education Through Valuing and Nurturing Multiple Intelligences

Association of Legal Writing Directors Conference, June, 2007
Denver University School of Law
Led Peer-Reviewed Breakout Session: The Sourcebook and Pedagogical Methods in the First Year

Association of Legal Writing Directors Conference, June, 2007
Denver University School of Law
Peer-Reviewed Panel Organizer and Panelist:  Equity Pedagogy

Institute for Law School Teaching Conference, June, 2007
Suffolk University School of Law
Invited Panel Organizer, Moderator, and Panelist:  Equity Pedagogy

Association of American Law Schools 2007 Annual Meeting, January, 2007
Washington, DC
Presented Peer-Reviewed Poster:  A Tripartite Solution to Eyewitness Error

Institute for Law School Teaching Conference, June, 2006
Chicago-Kent School of Law
Led Peer-Reviewed Workshop:  Valuing and Nurturing Multiple Intelligences in Legal Education

Association of American Law Schools 2006 Annual Meeting, January, 2006
Washington, DC
Peer-Reviewed Panelist:  Teaching Methods and Grading

Association of Legal Writing Directors Conference (with Kathleen Burch – John Marshall Atlanta), July, 2005
Northwestern University School of Law
Delivered Peer-Reviewed Lecture:   Multiple Intelligences in Legal Education in Theory and in Practice

REGIONAL PRESENTATIONS

Central Region Legal Writing Conference, October, 2009
Marquette University School of Law
Will Deliver Peer-Reviewed Lecture:  Teaching Advanced Appellate Advocacy with Auxiliary Power from the Bench and Bar

Central Region Legal Writing Conference, October, 2007
University of Missouri - Kansas City School of Law
Delivered Peer-Reviewed Lecture:  Teaching Policy for Fun and Profit

Southeast Legal Writing Conference, September, 2007
Nova Southeastern School of Law
Delivered Peer-Reviewed Lecture:  Teaching Policy for Fun and Profit

Sixth Annual Rocky Mountain Legal Writing Conference, March, 2006
University of Arizona School of Law
Delivered Peer-Reviewed Lecture:  Teaching Policy for Fun and Profit

New England Legal Writing Consortium Meeting, December, 2005
Boston University School of Law
Delivered Peer-Reviewed Lecture:  Teaching Policy for Fun and Profit

Central States Regional Legal Writing Conference, September, 2005
University of Indiana School of Law at Indianapolis
Delivered Peer-Reviewed Lecture:  Valuing and Nurturing Multiple Intelligences in Legal Education

New England Legal Writing Consortium Meeting, June, 2004
Western New England College of Law
Delivered Lecture:  Promoting Professionalism and Public Service in Law Teaching Through Multiple Intelligence Theory

Fourth Annual Rocky Mountain Legal Writing Conference, March, 2004
University of Nevada at Las Vegas School of Law
Delivered Lecture:  Valuing and Nurturing Multiple Intelligences in Legal Education

LOCAL PRESENTATIONS

University of North Dakota Teaching and Learning Symposium, October, 2009
University of North Dakota
Will Deliver Peer-Reviewed Lecture:  Valuing and Nurturing Multiple Intelligences in Higher Education

Criminal Procedure I, November, 2008
University of North Dakota School of Law
Presented Invited Guest Lecture:  Eyewitness Identification

Faculty Brownbag, October, 2008
University of North Dakota School of Law
Led Workshop:  Valuing and Nurturing Multiple Intelligences in Legal Education

Faculty Brownbag (with Margaret Moore Jackson), February, 2008
University of North Dakota School of Law
Invited Workshop:  Assessment

First Year Class, November, 2006
University of North Dakota School of Law
Delivered Lecture:  How to Write a Law School Exam

First Year Class, November, 2005
University of North Dakota School of Law
Delivered Lecture:  How to Write a Law School Exam

First Year Class Orientation, August, 2004
Howard University School of Law
Delivered Invited Lecture:  The Ten Commandments of Law School

First Year Class Orientation, August, 2003
Howard University School of Law
Delivered Invited Lecture:  Welcoming Remarks

First Year Law Student Examination Writing Symposium, December, 2002
Howard University School of Law
Delivered Invited Lecture:  How to Write a Law School Exam

AWARDS

Howard Law School Moot Court Team Outstanding Faculty Member Award 2003 - 2005

PROFESSIONAL AFFILIATIONS

Assistant Editor, Journal of The Legal writing Institute, 2006 - 2008

Association of Legal Writing Directors

Legal Writing Institute

Society of American Law Teachers

APPEAL - Academics Promoting the Pedagogy of Effective Advocacy in Law African and American Professors of Legal Writing

New York State Bar

American Bar Association - Sections on Legal Education and Individual Rights and Responsibilities

Association of American Law Schools - Sections on Academic Support; Criminal Justice; Law and the Social Sciences; Legal Writing, Reasoning and Research; Pre-legal Education and Admission to Law School; Professional Responsibility; Student Services; and Teaching Methods.

COMMITTEES - PROFESSIONAL, UNIVERSITY & LAW SCHOOL

PROFESSIONAL COMMITTEES

Co-Chair,  Association of Legal Writing Directors -Teaching Committee, 2008 - 2010
Serve as teaching resource for members of preeminent legal writing organization.
Lead special projects related to teaching, including the development of criteria and administration of new summer teaching grant program and development of an intensive teaching skills workshop to coincide with 2009 biennial meeting.

Association of Legal Writing Directors – Outreach Committee, 2005 - 2006

International Planning Committee, Global Legal Skills Conference III, 2007 - 2008
Facultad Libre de Derecho de Monterrey, Mexico

Co-Chair, Legal Writing Institute, ABA Standards & Program, 2008 - 2010
Structures Committee
Monitor programmatic changes in legal writing programs nationwide and keep track of developments in relevant ABA standards; serve as resource for legal writing community on ABA issues.

Chair, Legal Writing Institute, Conference Welcoming Fair Planning Committee, 2007 - 2008
Planned and led event for over 600 participants at 2008 biennial conference.

Legal Writing Institute – 2008 Poster Committee, 2007 - 2008
Peer-reviewed conference poster proposals.

Legal Writing Institute – Long Term Conference Planning Committee, 2006 - present
Participated in selection of future conference sites.

Legal Writing Institute – Global Legal Writing Skills Subcommittee, 2006 - present

AALS Section on Legal Reasoning, Research, and Writing – Media Committee, 2008 - present
Aided in planning and producing You-Tube videos to raise public awareness
about the function and importance of lawyering skills programs.

AALS Section on Legal Reasoning, Research, and Writing - Program Committee, 2008
Peer-reviewed conference proposals.

AALS Section on Legal Reasoning, Research, and Writing - Poster Selection Committee, 2007
Peer-reviewed conference poster proposals

AALS Section on Legal Reasoning, Research, and Writing - Nominating Committee, 2006
Nominated section officers for election.

AALS Section on Teaching Methods - Poster Selection Committee, 2007
Peer-reviewed conference poster proposals.

APPEAL Book Exchange Committee, 2008

UNIVERSITY COMMITTEES

University of North Dakota Assessment Committee, 2007 - 2010
Review departmental and non-departmental assessment reports and plans.
Assist in university-wide strategic planning on assessment and helped in preparations for the Higher Learning Commission’s 2008 campus visit.

Subcommittee for Implementation of University-wide Value Added Testing, 2009

University of North Dakota President’s Ad Hoc Committee on Promotions, 2006

University of North Dakota Assessment Steering Committee, 2006 - 2007

University of North Dakota Academic Advisory Council on Instructional Technology, 2006 - 2007

LAW SCHOOL COMMITTEES

University of North Dakota School of Law

Chair, Student Affairs Committee, 2007 - present
Led planning for the implementation of a law school honor code.

Promotion and Tenure Committee, 2009 - present

Faculty Evaluation Committee, 2009 - present

Ad Hoc Committee on Bar Passage, 2009 - present

Faculty Selection Committee, 2007 - 2008

Admissions Committee, 2006 - 2008, 2009 - present

Academic Affairs & Curriculum Committee, 2006 - 2008
Served as law school point person on assessment.
Drafted executive summary of assessment progress and
expectations for new committee.  Co-drafted
upper level legal writing policy.  Drafted policy for the
grant of credit for extramural skills competitions.

Academic Affairs Committee, 2005 - 2006, 2008 - 2009

Curriculum Committee, 2005 - 2006, 2008 - 2009
Assist in organizing law school response to American Bar Association/ Association of American Law School’s sabbatical review report of the law school. Serve as resource for the integration of lawyering skills across the curriculum. Wrote initial working document to guide committee in developing an outcome assessments plan. Participated in drafting law student competencies and methods of assessment.  Conducted assessment pilot program in legal writing program and implemented curricular changes
based on outcome of report. 

Ad Hoc Subcommittee for Faculty Governance Procedures, 2009

Howard University School of Law

Student Affairs Committee 2004 - 2005

Library Committee 2001 - 2004

Diversity Committee 2002 - 2004

LLM & Joint Degree Committee 2002 - 2004

PROFESSIONAL DEVELOPMENT

Participant, UND Teaching With Technology (two week seminar), May, 2007
Received $500 Instructional Development Grant.

Participant, UND Writing Across the Curriculum (two week seminar), May, 2006
Received $500 Instructional Development Grant.

Completed University of North Dakota IRB/Human Subjects Certification, October, 2005

Participant, Alice T. Clark/UND Foundation Scholars Faculty Mentoring Program, 2005 - 2006

OTHER LAW SCHOOL SERVICE

Advisor, University of North Dakota School of Law External Moot Court Program, 2008 - present

Guest Juror, University of North Dakota Trial Advocacy Team, 2008                                                           
Arranged Luncheon Event for Students Interested in Careers as Public Defenders, 2007
With Benjamin Butler of Minnesota Public Defenders Office

Judge, University of North Dakota Trial Advocacy Team, 2007

Judge, Carrigan Cup Trial Competition, University of North Dakota, 2008

Witness, Carrigan Cup Trial Competition, University of North Dakota, 2007

Coach, University of North Dakota Moot Court Team, 2006 - present

Mentor for new UND faculty member, 2006

Faculty Mentor for First Year Students, University of North Dakota School of Law, 2005 - present

Delegate, Association of American Law Schools 2006 Annual Meeting House of Representatives, Washington, D.C., 2006

Advisor, University of North Dakota Space Law Moot Court Team, 2006

Judge, University of North Dakota School of Law Moot Court Team, 2005, 2007

Arranged law school public lecture and faculty workshop with Robert Fabrikant, 2006
Partner, Sidley Austin LLP, Washington, D.C., and former law clerk to Chief Justice Warren Burger

Academic Advisor, Howard University School of Law, 2001-2005

Advisor, The Barrister (Howard University School of Law newspaper), 2004-2005

Coach, Howard University School of Law Moot Court Team, 2002-2005

Judge, Howard University School of Law Moot Court and Trial Advocacy Teams, 2002-2005

Academic Advisor, Howard University School of Law,  2001 - 2005

COMMUNITY, LEGAL, AND ACADEMIC SERVICE

Coach, Destination Imagination, 2007 - present

Moderator, Roundtable on Pre-LLM Legal English Programs, 2008
Global Legal Skills Conference III, Facultad Libre de Derecho de Monterrey, Mexico

Advisor,  Professor Charlee Taylor, Florida State University School of Law, 2008
Provided brief problem and logistical advice to Professor Taylor for her legal writing class

Consultant, University of Arkansas at Little Rock School of Law 2006
Consulted as to structuring, staffing, and workload issues for legal writing program

Consultant, Professor Gail S. Stephenson, Director of Legal Writing, 2006
Southern University School of Law, Baton Rouge, LA
Provided rubric for briefwriting problem used by entire first-year class.

Pro Bono Legal Advisor, North Dakota Guardian Ad Litem Service 2006 - present

Campaigner for Isaiah Leggett, County Executive, Montgomery County, Maryland 2006

Pro Bono Legal Advisor, American College of Preventive Medicine, Washington, DC 2005 - present

PRESS

Conversation on Legal Writing, Appearance on UND Studio One program, October 23, 2008

2007 State of the University Report

Making Sense of Law; Telling it like it is in Plain English, UND Discovery, March, 2008

2006-07 UND Foundation Report

A 21st Century Curriculum, Gavel, November 2007.

A Passion for Clarity, UND Discovery, Winter 2007-2008

Dauphinais Presents in Africa, North Dakota Law, October 2007.

The Art of Negotiation, North Dakota Law, March 2007.

Get Ready for Law School Exams, Nat’l  Jurist, November 2006.

Dauphinais to Make Presentation, GRAND FORKS HERALD, July 23, 2005.

LEGAL EXPERIENCE

Attorney-Advisor 1997 - 2000
United States Department of Commerce
Office of the General Counsel, Washington, DC

Law Clerk 1996 - 1997
The Honorable Michael W. Farrell
District of Columbia Court of Appeals, Washington, DC

Research Assistant 1995 - 1996
Professor Frank Grad
Columbia University School of Law, New York, NY