Friday, April 7, 2006
An ugliness is creeping -- in fact, I am increasingly convinced, has already crept -- into law school culture. Given new power by the Internet, it is infecting law schools and inflicting real damage on our students, much as it has done in lower schools. That ugliness is peer-on-peer bullying.
Some weeks ago (Feb. 10, 2006), I suggested in this space that ASP professionals read Darby Dickerson's article, "Cyberbullies on Campus," 37 U. Tol. L. Rev. 51 (2005). I made that suggestion because I suspected that law schools have a problem they do not see and that the problem has serious implications for our students. Let me renew that suggestion.
In the weeks since that posting, I have become convinced that the phenomenon of bullying has made its way up from the lower schools and is now well established in law schools. Much of the activity is occurring on-line in student blogs seldom visited by faculty, so the torment goes on well out of the the sight of faculty; but its effects among students are widespread. Much of it rises to the level of serious intimidation or worse, is often startlingly defamatory, and is frequently rife with epithets directed at various minority groups.
I suggest that we alert our faculties to the possibility that students are being targeted and tormented by their peers and begin educating ourselves about the bullying phenomenon. Most of the empirical research has been conducted in the contexts of the lower schools and the workplace, but the findings and advice translate fairly easily into the law school context.
You would think adult students would be beyond such behavior; and you would think that deliberate, orchestrated torment of colleagues would never happen among those studying to serve as professionals in the justice system. You would also be wrong, I fear; and being wrong, you would be leaving to the mercy of very bright and very effective adult bullies the students you otherwise work so hard to help. (dbw)
Tuesday, April 4, 2006
Monday, April 3, 2006
And I don’t mean in March as opposed to May, I mean in third grade as opposed to law school.
Last week my nine-year-old took her reading MCAS (Massachusetts Cruddy and Stupid, I mean: Massachusetts Comprehensive Assessment Scale) exams, and she was truly worried about it. She was afraid these exams would define her forever as either smart or not. I tried to re-assure her that this was not accurate; after all it is my job to tell (relative) grown-ups this everyday.
She didn’t buy it.
I explained that this is more a test of how well the school and her teacher are doing in the business of third grade teaching. She didn’t buy that either. I have to wonder, if I can’t convince a nine-year-old, are any of my law students reassured by anything I say? I’ve always thought that people found me believable, or at the very least harmless (for example: people ask me for directions at least twice a day no matter what city, town or country I am in!).
I find I say the same things in different ways for different students, but basically my message remains the same: exams are an indication of how well you answered a certain set of questions on one particular day out of your whole life. And while how you do on this limited assessment is important, it should not be all defining.
Which is not to say that you should not be prepared for exams: they are not, after all, random. Students need to attend class, outline in some way, and study effectively and efficiently for these exams. Students also need to know what is expected of them on exams: not the actual subject matter per question, but the level of depth required in answering each question. Our doctrinal professors do give out this information but a number of students do not engage in this highly important dialogue until after the grading is done. A number of professors offer to give students prior exam questions and then give feedback on how the student answered the question.
This is law school gold and yet students rarely partake of the riches offered. Why? I’m still not sure. A student’s imagined exam must be far worse than the real exam but, for some reason, not being surprised by the format or the way the questions are asked is not a priority for many students. I am baffled by this because the way our school prepared the third graders for the MCAS was to have them do sample questions from prior tests. This seems to be tested and proven technology for exam readiness. So, as we ease into the lovely spring days of April, I will be chanting, “old exams, old exams, old exams” in the halls here.
In the end I reassured my daughter that she was prepared because she had practiced similar questions for weeks and done well on those. This, I think she bought, because during the three days of testing her only comment was that she was excited that they recess twice a day on MCAS days and that was “cool.” And if you are ever lost in Boston (or anywhere else), come and find me and while I may not be able to help you find your way, you will be in no danger whatsoever. (ezs)
Sunday, April 2, 2006