The Rule of Law Milestone was developed by a national working group -- a team of faculty and staff from different law schools. The Working Group included Kendall Kerew (Georgia State), Andrew King-Ries (Montana), Tania Luma (Loyola-Chicago), Jerry Organ (University of St. Thomas (MN)), Aric Short (Texas A&M) and Kelly Terry (Arkansas Little-Rock). A PDF of the Milestone can be found to the right. A bibliography of sources that contains scholarship on the Rule of Law and ideas for classroom implementation is forthcoming.
Rule of Law Milestone: Knowledge Sub-Competencies
| Knowledge | Novice Learner | Intermediate Learner | Competent learner | Exceptional Learner |
|---|---|---|---|---|
Independent Judiciary and Legal Profession |
Demonstrates limited understanding of the function and significance of one or both an independent and impartial judiciary and an independent and self-regulated legal profession to the rule of law. |
Demonstrates basic understanding of the function and significance of one or both an independent and impartial judiciary or an independent and self-regulated legal profession to the rule of law. |
Demonstrates complete understanding and ability to explain the function and significance of both an independent and impartial judiciary and an independent and self-regulated legal profession to the rule of law |
Demonstrates sophisticated and nuanced understanding and ability to explain the function and significance of both an independent and impartial judiciary and an independent and self-regulated legal profession to the rule of law. |
Equality |
Demonstrates limited understanding of the principle that no one is above the law and that laws should be applied equally to all members of society, including government officials serving executive, legislative, or judicial functions. |
Demonstrates basic understanding of the principle that no one is above the law and that laws should be applied equally to all members of society, including government officials serving executive, legislative, or judicial functions. |
Demonstrates complete understanding and ability to explain the principle that no one is above the law and that laws should be applied equally to all members of society, including government officials serving executive, legislative, or judicial functions. |
Demonstrates sophisticated and nuanced understanding and ability to explain the principle that no one is above the law and that laws should be applied equally to all members of society, including government officials serving executive, legislative, or judicial functions. |
Human Dignity |
Demonstrates limited understanding that the function of law is to protect the human rights and dignity of all members of society, including the autonomy of individuals to freely make decisions on actions that concern them. |
Demonstrates basic understanding that the function of law is to protect the human rights and dignity of all members of society, including the autonomy of individuals to freely make decisions on actions that concern them. |
Demonstrates complete understanding and ability to explain how the law protects the human rights and dignity of all members of society, including the autonomy of individuals to freely make decisions on actions that concern them. |
Demonstrates sophisticated and nuanced understanding and ability to explain how the law protects the human rights and dignity of all members of society, including the autonomy of individuals to freely make decisions on actions that concern them. |
Transparency and Participation |
Demonstrates limited understanding of the function and significance of one or both transparency, defined by the accessibility, clarity, and predictability of legal rules, and public participation, including both formal processes and informal practices, to the rule of law. |
Demonstrates basic understanding of the function and significance of one or both transparency, defined by the accessibility, clarity, and predictability of legal rules, and public participation, including both formal processes and informal practices, to the rule of law. |
Demonstrates complete understanding and ability to explain the function and significance of both transparency, defined by the accessibility, clarity, and predictability of legal rules, and public participation, including both formal processes and informal practices, to the rule of law. |
Demonstrates sophisticated and nuanced understanding and ability to explain the function and significance of both transparency, defined by the accessibility, clarity, and predictability of legal rules, and public participation, including both formal processes and informal practices, to the rule of law. |
Fairness and Consistency |
Demonstrates limited understanding of fairness and consistency concepts and the importance of legal proceedings free from bias. |
Demonstrates basic understanding of fairness and consistency concepts and the importance of legal proceedings free from bias. |
Demonstrates complete understanding and ability to explain the function of fairness and consistency concepts and the importance of legal proceedings free from bias. |
Demonstrates sophisticated and nuanced understanding and ability to explain the function of fairness and consistency concepts and the importance of legal proceedings free from bias. |
Due Process |
Demonstrates limited understanding of procedural due process and the important role of lawyers in assuring access to justice. |
Demonstrates basic understanding of either procedural due process or the important role of lawyers in assuring access to justice. |
Demonstrates complete understanding and ability to explain both the purpose of procedural due process and the important role of lawyers in assuring access to justice. |
Demonstrates sophisticated and nuanced understanding of and the ability to explain cogently and clearly the purpose of procedural due process and the important role of lawyers in assuring access to justice. |
Historical and Critical Perspectives |
Demonstrates limited understanding of primary historical and critical perspectives on the rule of law. |
Demonstrates basic understanding of some of the primary historical and critical perspectives on the rule of law. |
Demonstrates complete understanding of most of the primary historical and critical perspectives on the rule of law, including the ability to explain those perspectives. |
Demonstrates sophisticated and nuanced understanding of most of the primary historical and critical perspectives on the rule of law, including the ability to explain those perspectives. |
Rule of Law Milestone: Skills Sub-Competencies
| Skills | Novice Learner | Intermediate Learner | Competent Learner | Exceptional Learner |
|---|---|---|---|---|
Educate Others on Foundational Principles |
Demonstrates limited ability to explain foundational principles and communicate with others about them. |
Demonstrates basic ability to explain foundational principles and communicate with others about them. |
Demonstrates thorough ability to explain foundational principles and communicate with others about them, including actively listening to the ideas of others. |
Demonstrates sophisticated ability to explain foundational principles and communicate with others about them, including actively engaging with the ideas of others. |
Identify Situations When Foundational Principles Have Not Been Achieved |
Demonstrates limited ability to identify situations when foundational principles have not been achieved. |
Demonstrates basic ability to identify situations when foundational principles have not been achieved. |
Demonstrates thorough ability to identify situations when foundational principles have not been achieved. |
Demonstrates sophisticated ability to identify situations when foundational principles have not been achieved. |
Identify Actions That Violate Foundational Principles |
Demonstrates limited ability to identify actions that violate foundational principles. |
Demonstrates basic ability to identify actions that violate foundational principles. |
Demonstrates thorough ability to identify actions that violate foundational principles. |
Demonstrates sophisticated ability to identify actions that violate foundational principles. |
Take Appropriate Actions to Address Shortcomings/ Violations of Foundational Principles |
Demonstrates limited ability to identify or take appropriate actions to address shortcomings/violations of foundational principles. |
Demonstrates basic ability to identify and take appropriate actions to address shortcomings/violations of foundational principles. |
Demonstrates thorough ability to identify and take appropriate actions to address shortcomings/violations of foundational principles. |
Demonstrates sophisticated ability to identify and take appropriate actions to address shortcomings/violations of foundational principles. |
Rule of Law Milestone: Values Sub-Competencies
| Values | Novice Learner | Intermediate Learner | Competent Learner | Exceptional Learner |
|---|---|---|---|---|
Integrate Personal and Professional Values to Support and Advance Rule of Law |
Demonstrates limited ability to recognize and integrate personal values and the professional values relevant to practicing law in ways that support and advance the rule of law. |
Demonstrates basic ability to recognize and integrate personal values and the professional values relevant to practicing law in ways that support and advance the rule of law. |
Demonstrates complete ability to recognize and integrate personal values and the professional values relevant to practicing law in ways that support and advance the rule of law. |
Demonstrates sophisticated ability to recognize and integrate personal values and the professional values relevant to practicing law in ways that support and advance the rule of law. |
Act Consistently with Integrated Personal and Professional Values to Support Rule of Law |
Demonstrates limited ability to act consistently with integrated personal and professional values to support the rule of law. |
Demonstrates basic ability to act consistently with integrated personal and professional values to support the rule of law. |
Demonstrates complete ability to act consistently with integrated personal and professional values to support the rule of law. |
Demonstrates sophisticated and steadfast ability to act consistently with integrated personal and professional values to support the rule of law, even when self-interest is at risk. |