Associate Professor
Molly Townes O'Brien
SFHEA
Honorary Associate Professor
A.B. Brown University; 1982; J.D. Northeastern University; 1986; LL.M. Temple University; 1997, Senior Fellow Higher Education Association, SFHEA; Tuckwell Fellow.

A graduate of Brown University and Northeastern University School of Law; Molly served as a judicial clerk in the United States District Court and the Georgia Supreme Court before practicing law in Pennsylvania as a civil litigator and then as an Assistant Public Defender. She later was an Honorable Abraham L. Freedman Teaching Fellow at Temple University. In 1997; she joined the faculty of Emory University Law School and served as the Director of Advocacy Skills Programs through 2001. Molly has also served on the faculties of the University of Akron School of Law and University of Wollongong.

She has written extensively about legal education, trial practice, dispute resolution, and human rights. 

Significant research publications

  • Nobody Home — My Brain Injury and Recovery from Pavement to Podium, (2021) Stringybark Publishing, in press.
  • Trial Advocacy Basics (3rd edition) co-authored with Gary Gilden, (2021) National Institute for Trial Advocacy Press, in press.
  • Civil Procedure, (2nd edition), co-authored with Stephen Colbran, Sheryl Jackson, Peta Spender, and Tania Penovic, (2019) LexisNexis.
  • New Directions for Law in Australia: Essays in Contemporary Law Reform, co-edited with Ron Levy, Simon Rice, Pauline Ridge and Margaret Thornton, (2017) ANU Press.
  • ‘Alternative Dispute Resolution’ in Stephen Colbran, et al., Civil Procedure: Commentary and Materials (6th edition, 2015) Lexis Nexis.
  • ‘The Cosmic Context of the Millenium Development Goals: Maximum Entropy and Sustainability’ in (2015)  Nanotechnology For a Secure and Sustainable Future, Tom Faunce, editor, Pan Stanford Publishing, co-authored with Charles Lineweaver.
  • ‘The Challenge of the How: Developing a Process for Legal Educational Program Renewal,’ in (2014) The First-Year Experience in Law School: A New Beginning, Leon Wolff and Maria Nicolae, editors, co-authored with Anthony Connolly.
  • ‘Mother Tongue Education as a Legal Right’ in (2014) Intersections: Applied Linguistics as a Meeting Place, Elke Stracke, editor, Cambridge Scholars Publishing, co-authored with Peter Bailey.
  • ‘The Learning Journey: Please Take Me with You,’ (2014) 35 Adelaide Law Review 23-34.
  •  'The Power of Naming: the Multifaceted Value Of Learning Students' Names',  (2014) 14 QUTLR, no. 1, 114-128, co-authored with Tania Leiman and James Duffy.
  • 'Connecting Law Student Wellbeing To Social Justice, Problem-Solving And Human Emotions', (2014) 14:1 QUT Law Review, 52-62.

Grants

  • 2009-2010 Australian National University Teaching Enhancement Grant, ‘Law Student Well-being and the Law Curriculum: Exploring the Links’ with Kath Hall.
  • 2009-2010 Australian National University Women’s Academic Advancement Grant, ‘Gender Issues Group’ with Juliet Behrens, Miriam Gani, Margaret Thornton and others.
  • 2008-2009 Australian National University Teaching Enhancement Grant, ‘Evidence in Context: The DVD’ with Gregor Urbas.
  • College of Law Internal Grant for research (2008)
  • 2006-2007 University of Wollongong Internal Grant, ‘Legal Skills Curriculum Audit and Evaluation’

Books & edited collections

  • Nobody Home — My Brain Injury and Recovery from Pavement to Podium, (2021) Stringybark Publishing, in press.
  • Trial Advocacy Basics (3rd edition) co-authored with Gary Gilden, (2021) National Institute for Trial Advocacy Press, in press.
  • Civil Procedure, (2ndedition), co-authored with Stephen Colbran, Sheryl Jackson, Peta Spender, and Tania Penovic, (2019) LexisNexis.
  • New Directions for Law in Australia: Essays in Contemporary Law Reform, co-edited with Ron Levy, Simon Rice, Pauline Ridge and Margaret Thornton, (2017) ANU Press.
  • Trial Advocacy Basics (2nd edition) co-authored with Gary Gilden, (2016) National Institute for Trial Advocacy Press.
  • Trial Advocacy Basics, co-authored with Dent Gitchel, (2006) National Institute for Trial Advocacy Press.
  • Civil Procedure, co-authored with Stephen Colbran, Roger Douglas and Sheryl Jackson (2016) LexisNexis Butterworths.

Refereed journal articles

  • ‘The Learning Journey: Please Take Me with You,’ (2014) 35 Adelaide Law Review 23-34.
  • 'The Power of Naming: The Multifaceted Value of Learning Students' Names', (2014) 14 QUTLR, no. 1, 114-128, co-authored with Tania Leiman and James Duffy.
  • 'Connecting Law Student Wellbeing to Social Justice, Problem-Solving and Human Emotions', (2014) 14:1 QUT Law Review, 52-62.
  • 'Bring Your Whole Self to Law School', (2013) National Wellness for Law Forum, University of Melbourne, Melbourne.
  • ‘Law school too hard?  Why the struggle could be a good one’ (2013) The Conversation, co-authored with Stephen Tang
  • ‘Stop the struggle for the struggle’s sake: Make it meaningful’ (Paper presented at the 2013 International First Year in Higher Education Conference, Wellington, 8 July 2013), co-authored with Stephen Tang
  • ‘No Time to Lose: Negative Impact on Law Student Wellbeing May Begin in Year One’.
  • (2012) 2(2) The International Journal of the First Year in Higher Education, 49-60.  Co-authored with Stephen Tang and Kath Hall.
  • 'Criminal Law's Tribalism', 2012 Connecticut Public Interest Law Journal, 31-50.
  • ‘An Active Learning Smorgasbord for Teaching Evidence’ 2011 Journal of the Australasian Law Teachers Association, 31-40.
  • ‘Walking the Walk: Using Student-Faculty Dialogue to Change an Adversarial Curriculum’ 2011 Journal of the Australasian Law Teachers Association, 129-135.
  • ‘Changing Our Thinking: Empirical Research on Law Student Wellbeing, Thinking Styles and the Law Curriculum,’ 2011 Legal Education Review.  Co-authored with Stephen Tang and Kath Hall.
  • ‘Facing Down the Gladiators: Law School’s Hidden Adversarial Curriculum’ (2011) 37(1) Monash Law Review 43-56.
  • ‘Developing a Professional Identity in Law School: A View from Australia’ (2010) 4 Phoenix Law Review 19-50. Co-authored with Kath Hall and Stephen Tang.
  • ‘Exploring the Group Identity Function of Criminal Law’ (2008) Proceedings of the 2008 Critical Criminology Conference [electronic resource at http://www.cjrn.unsw.edu.au] conducted by the Crime and Justice Research Network and the Australian and New Zealand Critical Criminology Network, Chris Cunneen & Michael Salter, eds., 285 -310.
  • ‘Using Assessment Practice to Evaluate the Legal Skills Curriculum’ (2008) 5(1) Journal of University Teaching and Learning Practice 61-76. Co-authored with John Littrich.
  • ‘Essay Review: Final Test and Class and Schools’(2006)40(1) Educational Studies 77-83.
  • ‘Jury Reform Is Coming: Making the Most of Trial Practice Changes’ (2004)39 (3) International Society of Barristers Quarterly 429-441.
  • ‘Brown on the Ground: A Journey of Faith in Public Schooling’(2004) 35U. Toledo Law Review 813-839.
  • ‘The Constitutional Common School’(2004) 51 Cleveland State Law Review581-642, Co-authored with Amanda Woodrum.
  • ‘At the Intersection of Public Policy and Private Process: Court Ordered Mediation in School Finance Litigation’ (2003) 18 Ohio State Journal on Dispute Resolution 391-438.
  • ‘Essay Review: The White Establishment and the Character of Change’ (2002) 42(4) History of Education Quarterly 579 – 601, Co-authored with Thomas V. O’Brien.
  • ‘Questioning the Power of Consumerism to Reform Public Education’ (2001) 75 St. John’s Law Review 233- 250.
  • ‘Free at Last?  Charter Schools and the ‘Deregulated’ Curriculum’, (2000) 34 Akron Law Review 137-175.
  • ‘Discriminatory Effects: Desegregation Litigation in Higher Education in Georgia’ (1999) 8 William & Mary Bill of Rights Journal 1-51.
  • ‘John Marshall Harlan as Prophet: the Plessy Dissenter’s Color-blind Constitution’ (1998) 6 William & Mary Bill of Rights Journal 753-84.
  • ‘The Private School Tuition Voucher Movement and the Realities of Racial Politics’ (1997) 64 Tennessee Law Review 359-407.
  • ‘1990 Eleventh Circuit Survey: Trial Practice and Procedure’ (1991) 42 Mercer Law Review. 1543.
  • ‘1989 Eleventh Circuit Survey: Trial Practice and Procedure’ (1990) 41 Mercer Law Review 1421.

Book chapters

  • ‘Alternative Dispute Resolution’ in Stephen Colbran, et al., Civil Procedure: Commentary and Materials (7th edition, 2019)Lexis Nexis.
  • ‘Achieving the Sustainable Development Goals: Promoting Cooperation and Sustainability,’ in(2018) Old Issues – New Perspectives, D. A. Frenkel (ed.) ATINER Institute for Education and Research. Athens: Greece. ISBN 978-960-598-174-7, co-authored with Charles Lineweaver.
  • ‘Connecting Law Students to Health and Wellbeing’ in (2016) Promoting Law Student and Lawyer Well-Being in Australia and Beyond, Rachel Field, James Duffy and Colin James, editors, Routledge.
  • ‘Alternative Dispute Resolution’ in Stephen Colbran, et al., Civil Procedure: Commentary and Materials (6th edition, 2015)Lexis Nexis.
  • ‘The Cosmic Context of the Millennium Development Goals: Maximum Entropy.
  • and Sustainability’ in (2015) Nanotechnology for a Secure and Sustainable Future, Tom Faunce, editor, Pan Stanford Publishing, co-authored with Charles Lineweaver.
  • ‘The Challenge of the How: Developing a Process for Legal Educational Program Renewal,’ in (2014) The First-Year Experience in Law School: A New Beginning, Leon Wolff and Maria Nicolae, editors, co-authored with Anthony Connolly.
  • ‘Mother Tongue Education as a Legal Right’ in (2014) Intersections: Applied Linguistics as a Meeting Place, Elke Stracke, editor, Cambridge Scholars Publishing, co-authored with Peter Bailey.
  • ‘Alternative Dispute Resolution’ in Stephen Colbran, et al., Civil Procedure: Commentary and Materials (4th edition, 2009)Lexis Nexis.
  • ‘Desegregation and the Struggle for Equal Schooling: Rolling the Rock of Sisyphus’in Our Promise: Achieving Educational Equality for America’s Children, pp. 3-24. Maurice Dyson & Daniel B. Weddle, eds., (2009)Carolina Academic Press.
  • ‘Plessy v. Ferguson’ Encyclopedia of Race and Racism (2007) Macmillan Reference USA, Thompson Press.

Conference papers & presentations

  • ‘Prisoners with brain injuries: What do we know and what should we do?’ presentation at 8th National Brain Injury Conference, University of Sydney, July 2021
  • ‘Representing the Brain Injured Accused,’ presentation at 7th National Brain Injury Conference, University of Melbourne, 29 October 2019.
  • ‘A Hidden Hierarchy: Helping and Hindering a New Online JD Program,’ presentation at Hierarchies in Legal Education Symposium, Temple University, Philadelphia, October (2019).
  • ‘Awakening from a Coma’ presentation in Frankenstein 2018: 200 Years of Monsters, Australian National University, Canberra, September (2018).
  • ‘Becoming a Law Teacher Again,’ ALTA Conference 2018, Perth Australia (2018).
  • ‘Achieving the Sustainable Development Goals: Promoting Cooperation and Sustainability,’ Athens Institute for Education and Research, 14th Annual International Conference on Law, Greece (2017).
  • ‘The Cosmic Context of the Sustainable Development Goals,’ lecture as Visiting Scholar to Institute of Comparative Law in Japan, Chuo University, Japan (2017).
  • Chair, Criminal Law and Evidence Section, National Law Reform Conference, ANU College of Law, (2016).
  • ‘Getting Through the Crunch Times,’ Teaching and Learning Forum, ANU College of Law, (2016)
  • ‘Connecting Law Student Wellbeing to Social Justice, Problem Solving and Human Emotions,’ Wellbeing Network for Law, University of Melbourne, February 2013.
  • ‘Strategies to Improve the Law Student Experience,’ Teaching-Research  Nexus Symposium, Adelaide, February 2013.
  • 'Stop the struggle for the struggle’s sake: Make it meaningful’ (Paper presented at the 2013      International First Year in Higher Education Conference, Wellington, 8 July 2013)        <http://fyhe.com.au/past_papers/papers13/5A.pdf> co-authored with Stephen Tang
  • ‘No Time to Lose: Negative Impact on Law Student Wellbeing May Begin in Year One’. (2012) 2(2) The International Journal of the First Year in Higher Education, 49-60.  Co-authored with Stephen Tang and Kath Hall.
  • Bring Your Whole Self to Law School,’ Wellbeing Network for Law,  University of Melbourne, February 2013.

Government submissions

  • ‘Inquiry into Access to Justice,’ Parliamentary submission co-authored with Simon Rice, Department of the Senate, Parliament House, 2009.
  • ‘Inquiry into language learning in Indigenous Communities’ Parliamentary submission co-authored with Peter Bailey and Jo-Anne Weinman, 16 September 2011.

Committees

  • Examination Review Committee, Chair, 2020-present
  • College Education Committee 2009-2013, 2016-2018
  • Tuckwell Fellow, 2015-2018
  • Senior Fellow Higher Education Association, 2014-present
  • LLB Hons Program Committee, Chair, 2016-2018
  • Director of Teacher Development, 2013-2015
  • Fulbright Selection Committee, 2009-2015
  • Law AD Network, 2011-2015
  • College Education Committee, 2009-2013
  • University Awards Committee (alternate for Wayne Morgan), 2011-2013
  • Organiser/Member of Prison (AMC) Outreach Group, 2011
  • Organiser/facilitator for monthly Faculty Teaching and Learning Seminars, 2011
  • ANU Vice Chancellor’s Working Party on E-Learning, 2010-2011
  • ANU Quality and Standards Working Party, 2011
  • VC’s Working Party on e-Learning, 2010
  • Director of Teaching and Learning, 2010-2012
  • Undergraduate Studies Committee, 2008
  • Library Liaison Committee, Chair, 2008-2009
  • Law Library Advisory Committee, 2009
  • CHAT mentor, 2008-2011
  • New Teachers Fora, Organiser and Presenter 2009, 2010, 2012
  • Visitors Committee, 2008
  • Summer Scholars Selection Committee, 2009
  • Honours Thesis Review Committee, Chair, 2009

Teaching materials

  • ‘Learning from Experience: An Audit and Evaluation of the Legal Skills Curriculum’, published to the University of Wollongong Faculty of Law (August 2007) 46 pages.
  • Report and Recommendations of the Supreme Court of Ohio Task Force on Jury Service, Joseph T. Clark, Chair (2004) 59 pages http://www.sconet.state.oh.us/publications/juryTF/jurytf_proposal.pdf> at 10 April 2007.
  • ‘Jury Trial Practice Innovations Pilot Project’ Vindicator: The Official Journal for the Ohio Association of Criminal Defense Lawyers (Fall 2003).
  • ‘Kessler-Eidson Program for Trial Techniques Teaching Notes’ published to 500 visiting faculty for Emory Law School’s Techniques Program in 1999, 2000, 2001, 2002, 2003.
  • Report on the Emory Law School Skills Curriculum, published to the Emory Law School Faculty, January 1999.
  • Williamson v. Shrackle, simulated case file in book form, co-authored with Steven Friedman and Kevin Prins, NITA Press, Colorado, 1999.
  • Techniques and Strategies for Upper Level Law School Teaching, materials and source list used for adjunct faculty training sessions, February 1999.
  • Adjunct Faculty Survival Guide, published to the adjunct faculty, Emory Law School, 1998.

Training sessions, meetings

  • Organised and hosted monthly Teaching and Learning group presentations and discussion meetings (Teaching and Learning Fora) for the full law faculty, 2010 – 2016.
  • Organisational Wellbeing Dialogue with faculty and students at Kioloa, Kioloa, NSW, Australia, 11 -13 March 2011.
  • Organisational meeting for the Law Associate Deans (AD) Network, Queensland University of Technology, Australia, July 2011.
  • International Association of Law Schools Annual Meeting, Buenos Aires, Argentina, April 2011.
  • ‘Teaching in Intensive Formats: The Problem Session,’ a Teaching and Learning Forum at ANU College of Law, 23 October 2009.
  • ‘Reflections on Teaching at ANU’, presentation to new teachers at ANU College of Law, 27 February 2009.
  • ‘Getting it Right or Getting it Written,’ presentation to higher degree research students at the RENZA (Research on Europe in New Zealand and Australia) retreat, October 2008.
  • ‘Jury Trial Advocacy’ a week-long intensive trial advocacy program, National Institute for Trial Advocacy, Lewistown, Colorado, July 2008.
Molly Townes O'Brien

Research themes

Criminal Law
International Human Rights Law
Law & Society
Legal Education

Contacts

molly.obrien@anu.edu.au
Off campus