Tuesday, December 2, 2014
Along with the opening of Disney's EPCOT center and the death of Leonid Brezhnev, 1982 is best remembered for the release of Conan the Barbarian, the "Citizen Kane" of barbarian movies.
As anyone with a love of barbarians can tell you, the best line in the movie is when Conan (played by Arnold Schwarzenegger, who surprisingly lost the Academy Award for Best Actor to Henry Fonda) tells the Mongol general what Conan thinks is best in life:
For law students, the next couple of weeks of studying for exams are likely to be pretty dreadful and keeping motivated is difficult.
To keep motivated, I suggest to my students that they post a picture that represents why they are in law school on their bathroom mirror -- whatever it may be. While it may be something noble like "helping others" or supporting their families, it might be something less attractive like having the coolest condo in Manhattan or, like Conan, "crushing their enemies." The fantastic writer Elizabeth McCracken once told me that "Revenge is a perfectly good motivation for writing." I quote that line all the time.
Importantly, whatever the reason is, that reason is personal, locked in the bathroom, and only has to have meaning to the person brushing his or her teeth every day in that mirror. It doesn't have to be edited, thought about, or worried over.
At this point in my life, the picture on the mirror would be my children. When I was 22 and a first year law student, it probably would have been trees and wolves.
Or a really bitchin' guitar.
Monday, December 1, 2014
Across the country law students are studying for semester exams. This is not the first blog post about staying healthy, managing time, and staying organized and motivated during exam prep. There is a reason for that. Law students tend to get distracted by what you are doing for exams that you forget to understand why you are studying for exams. It’s because you want to be a lawyer. Well, I’m a lawyer, too. Yes, I went to law school a long time ago and but exam prep hasn’t changed much. Law students still consume way too much caffeine, don’t shower or shave often enough, and stay up until the wee hours of the morning and then crash until noon. I don’t recommend doing any of these things. Law school is the bridge to the profession of law so treat it as such and start studying like a professional. Get up at 7-7:30, shower, eat breakfast, and be ready to study by 8-8:30. Put in 4 good hours in the morning (with a short break) and then take an hour for lunch. Not only do you need to feed your body but you need to give your brain a break and a chance to re-charge. After lunch, it’s time for another 4 focused hours of studying. It’s now 5-5:30 but you aren’t starving because you ate a decent breakfast and lunch. You take a 30-minute break (have a snack, get some fresh air), and are good for another 2 hours. Now it is 7-7:30 and you are hungry and tired. You’ve put in 10+ hours and it’s time to call it a day. You prepare and eat dinner and catch up on email and social media. Before going to bed, you review all you’ve accomplished and make a plan for the next day so when you get to your study spot you are ready to go and don’t have to waste time figuring out what to do. If this sounds too easy to be true, it’s not. It just requires you to stop thinking like an undergrad and start thinking like a lawyer.
Monday, November 24, 2014
For most people, the end of November means Thanksgiving and the holiday shopping season. It means family, food, and football. For law students, it means the start of exams. It is a time for writing papers, creating outlines, and studying. A lot of studying. For 1Ls especially, it can be stressful and quite overwhelming. This is the first set of exams they will take and success is not guaranteed.
I recently had breakfast with a group of 2Ls and as the conversation turned to exams, I asked them to share some advice: what do 1Ls need to know about law school exams? Here are their wise words:
- Make your own outline and start with 20 minute blocks to overcome beginner’s inertia.
- Focus on what is important, including the non-school aspects. Don’t let finals take over your life.
- Don’t mistake organizing for studying. You make the perfect outline and not know a thing on it.
- Know the terms of art and use them when answering questions.
- Many people study in different ways. Trust your methods. Don’t feel like you have to be white knuckle the whole finals period.
- Studying is key, but you need to know when to stop. If your outline is done (and it should be) stop the night before the final and do something else: anything else. Especially near the end of your finals, you need to give your brain a break.
- Don’t neglect relationships.
Saturday, November 8, 2014
Law school attracts extroverts and in many ways is designed for them. An astute law student must highlight their successes, be vocal participants in a Socratic classroom, and zealously advocate in order to thrive in the competitive law school environment. However, being an introvert does not mean that an individual cannot excel in law school or contribute meaningfully to the practice of law.
There is a great TED talk by Susan Cain, a lawyer turned writer, who explores introversion and the value of quiet. In this TED talk, she implores everyone to “stop the constant group work”, “unplug and get inside your own head”, and share your gifts with others. Part of her manifesto includes a quote from Mahatma Gandhi, “In a gentle way, you can shake the world.” How beautiful would it be for law school classrooms to honor the quiet introvert as much as the outspoken extrovert? Is it possible to encourage “gentle shaking” in a law school doctrinal classroom? Here are a few suggestions that will help introverts feel more comfortable speaking up and contributing in a sometimes intimidating law school classroom.
- Rethink participation during class and provide alternative means to have students engage with the material or with each other.
- See each student as an individual who expresses their ideas and knowledge in multiple and various ways.
- Have students sign up to be the expert for a particular class period or for a particular set of cases.
- Use think- pair-share prior to full classroom discussions about a topic, case, or set of problems.
- Distribute or post discussion questions with the reading assignment prior to class.
- Allow students to pass in class (within reason).
- Teach students how to brief cases and prepare for class discussions. This type of transparency will create more engaged students and lead to a more a dynamic discussion.
- Do not call on students too quickly. Let the question stew with the class and allow introverts more time to reflect and process.
- Consider a flipped classroom so that students feel more prepared to discuss and/or participate during class time.
- Use technology in the classroom. Technology is ubiquitous, and can be integrated it into the classroom to provide added layers of participation and engagement- especially for diverse learners.
- Create learning groups, which will help make a large law school classroom more accessible to introverts.
- Reflect on your own learning style and personality. How do they affect your teaching style and how is your delivery received by extroverts and introverts? How can alter your style to be more inclusive?
(Lisa Bove Young)
Monday, October 27, 2014
First year law students may be experiencing law school mid-term exams at this time of the semester. These exams bring with them stress – on the one hand – and opportunities for growth and learning – on the other hand.
Prepare for mid-term exams by completing, perfecting, and condensing outlines. Do practice questions to gain experience dealing with law school essays and with multiple-choice questions. Find questions by looking at what your law school may have on file, by asking your professors, or by looking at study aids that contain questions and corresponding answers. Write practice essays under conditions that mimic those of the actual mid-terms. Meet with study groups to discuss the answers; meet with professors to review your answers. Last – but not least – go back to your outlines to be certain that they contained the concepts needed to answer the practice questions.
After the mid-term, review the feedback given by the professor. If the professor distributes a model answer, outline the model answer – as you compare your answer to the model answer. Additionally, do an IRAC check of your essay to see whether you included the necessary components of a law school essay. Once you have an understanding of what went right and what went wrong, try to rewrite the essay – as a learning-by-practice experience. Meet with your professor to review your work and to make the most out of the learning opportunities that mid-term exams present.
Monday, October 6, 2014
Recent studies show that reading is good for us and that reading in print is, well, even better.
To quote a recent, ahem – online publication – “reading in print helps with comprehension.”
So, what do these studies mean for law students? Law students might consider the following:
- In your Legal Research and Writing class, print out the sources, e.g., the cases and statutes, that are relevant to your assignments and that you will use to write those memos.
- Print out your notes and outlines – if you have typed them. Put these materials in binders and read them from the printed page – not on the screen.
- Reconsider using textbooks in e-book format and favor print books.
- Build in time to read for relaxation – a print book, short story, or magazine – of course.
Wednesday, October 1, 2014
Multitasking is a way of life for those who’ve grown up in the digital era. You might be talking face-to-face with a friend but you are also texting or checking social media. Even those of us who grew up “b.c.” (before computers) now consider multitasking an essential skill. Why simply drive somewhere when you can drive and talk to someone on the phone? We are busy. We need to multitask. We are good at it. Well, we might not be as good as we think. Research shows that when people do several things at once, they do all of them worse than those who focus on one thing at a time. Multitaskers take longer to complete tasks, make more mistakes, and remember less. In addition, research into multitasking while learning shows that learners have gaps in knowledge, more shallow understanding of the material, and more difficulty transferring the learning to new contexts.
For many, multitasking has become such the norm that you don’t even think about it, you just do it. That’s the problem—you don’t think. However, take a minute to consider why you multitask. Is there an actual need for it? No. You do it because technology has made it possible, because you want to, because meetings/classes are boring, because you don’t want to wait. This is not to say that you shouldn’t watch tv while getting dressed in the morning. But do think twice before multitasking while preparing for and during class. You don’t need to check social media while reading cases. You don’t have to check fantasy football stats during class discussion. Although switching between these tasks may only add a time cost of less than a second, this adds up as you do it over and over again. Class requires focus and multitasking distracts your brain from fully engaging with the material.
The next time you go to class, put the phone on silent and put it away, turn off the internet or shut your lap top. Then focus on the professor and what is going on in the class. The first few minutes will be tough because your brain isn’t used to focusing on one task at a time. However, it won’t take long before your brain realizes it only has to do one thing. You will concentrate more deeply and learn so much more than your classmates who are busy tweeting how bored they are, checking fantasy football stats, and not picking up the exam tip the professor just gave. (KSK)
This idea for this post came from Sara Sampson, OSU Moritz College of Law’s Assistant Dean for Information Services. She made a short presentation on this topic at orientation and was so kind to share her notes and research. Thank you!
Monday, September 29, 2014
Time management and doctrinal classes can be challenging enough. However, when Legal Research and Writing assignments are thrown into the mix, your schedule can get even more challenging.
First, create a weekly schedule as a way to effectively manage your time. Start by penciling in your classes; then add work hours, if any, and regular appointments. Next block out study times for each class (4-5 hours for every hour that you are in class). Remember to add breaks -- every now and then. Do not try to study for hours on end -- without breaks of, say 10-15 minutes, after 60-90 minutes of study.
Next, look at your Legal Research and Writing Syllabus- note the deadlines for major writing assignments and work backward from those deadlines. When will you complete your draft? When will you outline the assignment? When will you finish the bulk of the required research? Add these tasks to your weekly schedule to maximize the likelihood that you will not be doing the bulk of the work the day before the assignment is due. Try to leave time to print out your draft and set it aside for a while (24 hours is a good goal) -- before your final proofread and edit.
If you stray from your weekly schedule once or twice, do not discard the schedule. Instead, try to get back on the schedule. Last - but not least - remember to include time for exercise and enjoyment.
Wednesday, September 24, 2014
You don’t procrastinate. You perform better under pressure. This may be true but it is more likely how you justify putting things off. Admit it, just a few weeks ago you told yourself that you were going to stay on top of thing this semester. Law student: start outlining early and be prepared for every class. Professor: get the whole semester planned before classes begin, work on your article every week without fail. You would make no excuses. Then you got busy and more important things came up: moot court try-outs/practice, organizing an event for some organization (of which you are probably the president), your friend’s birthday (you only turn 23 once). Admit it, you procrastinate. Everyone procrastinates sometimes but it should not be the norm. Procrastination may be something you do (or avoid doing) but it should not define you. We procrastinate for many reasons: daunting task, fear of failure, too many options. Whatever the reason, procrastinating actually increases your stress and only puts off the inevitable. Now that you’ve admitted you procrastinate, it’s time to do something about it.
Begin with identifying why you avoid starting a task and address it: break a daunting project into smaller tasks, allow yourself to make a few mistakes along the way, list the cons of waiting until the last minute and the benefits of starting early. The hardest part is turning your aspirations into actions. Identify a positive attribute that describes you and use that to define your actions then pick a start date and hold yourself accountable (arrange to meet a classmate and work together, set up a meeting with your professor to ask questions or get feedback, block out the time on your calendar so you can’t fill it with other things). Take it one day at a time and take back the control. Don’t wait until tomorrow, stop procrastinating today. (KSK)
Tuesday, September 16, 2014
Most of you are well within your first month of law school and may have had your first quiz or a writing assignment which may have made you question your decision to be in law school. It’s understandable but don’t be too hard on yourself. Keep in mind that if you already had all of the answers, then you wouldn’t be in law school. You are here to learn, so be open to letting others (your professors, administrators, upper class men) help you navigate this new path. Below are a few tips on navigating your new path.
1) I’m sure that many of you have been told that it’s important to be active readers in law school and not just passively read the cases. In case you’re still trying to figure out what that means, here are a few suggestions to help become an active reader. Read with a purpose. Know why you are reading a particular case and how it fits within the big picture. You may want to consult the table of contents or the course syllabus to figure out what topic or issue the case will address. Once you have an idea of what to look for in a case, you may consider referring to an outside source (a study aid) to gain some general knowledge about the term. As you read your cases, keep the issue at the forefront of your mind to anchor your thinking. Ask yourself as you read the case, what does this case tell me about this issue (the anchor)? Is the court explaining the issue? Is it dividing the issue into elements or explaining one of the elements? Try to figure out what the court is doing? Is it creating a new rule, rejecting an old rule or explaining or redefining an existing rule?
2) If you have an upcoming quiz or test, I would strongly suggest that you test your understanding of concepts you covered in class prior to taking the quiz. There are several ways to test your knowledge. For example, after you’ve read a series of cases on a particular rule, try to create your own hypothetical to explain how a rule or element is applied. Include a sentence or two on the relevant facts to aid in your explanation and note which facts trigger each issue or element. Also, you can use study aids such as Examples and Explanations to find practice questions on a discrete topic. The point is you should not enter any quiz, assessment, or exam without having tested your understanding of the material and without having completed at least one or two practice questions.
3) After you’ve taken a quiz or exam, you must review your exam. If you are not happy with the grade that you received, you must make an appointment to review your answers with your professors. Before going to your professor’s office, I would caution you to review your answers first. Otherwise, you run the risk of not getting the most out of your meeting. Review your notes and your outline and determine for yourself where the weak areas are or what you could have strengthened. Then take your assessment to your professor and ask for her opinion on your work.
4) Finally, another way to work on developing a deeper understanding of the material is to talk it out with others. If you are not a study group person, consider a study buddy. There is value in discussing difficult concepts with your colleagues. Your classmate may have picked up on something in the case that you missed or may be able to explain the rule to you in a way you hadn’t considered or vice versa. Also, you are more likely to notice gaps in your knowledge when you discuss cases and rules with your colleagues. Lastly, there is safety in numbers. If you and your study buddy or study group don’t understand a particular rule you can make an appointment with the professor together and support each other. You don’t have to go at it alone.
Happy studying! (LMV)
 For more tips on case reading and genral study advice see Ruta K. Stropus and Charlotte D. Taylor, Bridging the Gap Between College and Law School (Carolina Academic Press 2001)
Wednesday, September 10, 2014
It’s still early in the semester so you might be wondering why I’m writing about motivation. The reason is simple: it’s easier to maintain something than to lose it and get it back.
A few years ago I was in the best shape of my life. I worked out regularly, ate a healthy balanced diet, and even ran a half marathon. I felt great. Then I moved to a new job in a new city and I used that as an excuse to push exercise and healthy eating to the side. Fast forward several months: my clothes were tight and walking from my car to the office was the most exercise I got. I did not feel great. I came up with a plan to get back in shape and went to the gym for the first time in a long time. It was awful. I was out of breath within minutes, moved slower than molasses, and the next day could barely move. It was ugly but I kept going until I got myself to a healthier place. I liked how I felt and decided it was a lot better to maintain than to have to start all over again. When I catch myself being lazy, I just think of that first day back at the gym and get moving. Even if it’s just something small like taking the stairs instead of the elevator, or eating only half a bag of chips, I feel better because I know I’m still moving forward.
I share this story because we’ve all been there and it’s something we can all relate to. The same holds true for motivation in law school. You start the semester off excited and ready to go but somewhere along the way you realize you’ve lost some of that drive. Instead of waiting until that happens, here are some tips on how to maintain your motivation throughout the semester:
Know there will be setbacks- you know you’ll have a bad day (or week) but don’t let it sidetrack you. Being prepared for a setback makes it easier to overcome.
Believe in yourself- if you don’t think you can succeed, then why would anyone else? Make a list of your strengths and focus on what you can do instead of what you can’t.
Be realistic- Setting a standard that is impossible to meet guarantees failure. Instead, set small goals that allow you see your achievements along the way.
Challenge yourself- be realistic but not complacent. Don’t be afraid to make a mistake or step out of your comfort zone. It is easy to fall into old habits unless you challenge yourself in new and different ways.
Have a support system- Whether its friends, family, professors, classmates, there are people who sincerely want you to succeed and you will need them when your motivation falters. They will give you that little boost and keep you going.
Take advantage of the opportunities this new semester presents. Maintain your motivation so you have to work extra hard to get it back.
Thursday, August 28, 2014
The summer was a whirlwind. Prepping students for the bar exam means that you are constantly on call and required to be positive and upbeat even when you are not necessarily feeling that way. It is truly exhausting. I learned that while I am generally a positive and energetic person, I too need down time. After the bar was wrapped up and I organized the tornado of papers that took over my office, I took a break and unplugged.
We often read about how media is overtaking our lives and that we should encourage our students and children to unplug and go outside. I am often the one preaching such advice. It was not until I made a conscious choice to unplug and schedule my out of office email reply message that I realized I too have been swallowed by the digital age.
Thus, for most of one week, I did not check email, social media, or my cell phone. It was so liberating…once I got used to it. I learned that I spend a lot of time plugged in, which can be distracting and time consuming. This semester, I encourage everyone to carve out time weekly, or even daily, where you schedule time to unplug. We need to practice what we preach and we need to be more mindful of how we use our time. So, as you are gearing up for the semester and planning your calendar, think about including a block of time where you move away from technology, unplug, and learn something new about yourself.
Lisa Bove Young
Tuesday, August 19, 2014
Welcome to law school!
Welcome to law school, we’re glad you’re here! Many of you will be hearing this statement over and over again during the next few weeks, and may have various thoughts as to why so many people keep saying the same thing. Are they truly glad I’m here? Is this some sort of veiled greeting that masks the torture that waits? Will they still be happy to see me if I ask a “dumb” question? All good questions that any cautious soon to be lawyer would ask when entering into foreign territory. Let me hopefully assuage your fears by responding to those questions.
Yes, we are truly glad that you are at your respective law school. When many people are making the choice not to embark on this particular career path, you have decided to follow your passion to serve others and make this society better through the law. We are glad that you will continue to enrich the legal bar with your soon to be acquired legal skills. Does some form of torture await? Well, I wouldn’t call it torture but more of an intensive training program where you are mentally challenged (sometimes physically too) in order to build a sharp, curious and critical thinking mind. It’s somewhat analogous to running a marathon (so I’m told) the preparation is grueling and at times you may want to quit, but when the time comes to actually run the 26 miles you are ready and crossing the finish line will be the best thing in the world. A victory like no other; much like law school graduation or passing the bar exam. Will they still like you if you ask a “dumb” question? Everyone who enters law school as a student does so not having practiced law before, so no question is a dumb question. You are here to learn and professors will be very happy if you ask questions. In fact, one of the ways that your professors get to know you is by your questions and comments. Ask questions in class and in office hours. Let them know that you are paying attention and that you are curious; let them know who you are. Think of your professors as your trainers for the marathon. They are there to give you guidance, knowledge and encouragement as you train. However, they can’t give you what you need if you don’t ask questions and let them know what you need to succeed.
So, welcome to law school, I’m glad you decided to join the profession! I really mean it. (LMV)
Sunday, August 17, 2014
Wednesday, August 13, 2014
Summer is winding down and the fall semester starts in a few weeks, which means it’s time for everyone to offer advice on law school success. Here’s my two cents on how to start the semester off right: understand, organize, analyze. That’s it. Seems simple, right? Of course there is a catch. You will be reading court decisions and reading a case is not like reading fiction or textbooks. It goes beyond understanding the material. A case is just a piece of a much larger puzzle. To put that puzzle together you start with understanding the words within the case but then you must understand the case as a whole and how it fits into the larger organizational scheme. Finally, you must analyze that information under different fact scenarios to predict outcomes and resolve client issues. It won’t be easy at first and you will make mistakes, but the concepts are foundational and it won’t be long before understanding, organizing, and analyzing becomes a part of your internal thinking process.
Saturday, August 9, 2014
I just had my first article accepted (yeah!) and while it is still fresh in my mind, I figure I would give some advice about publishing. I felt like I was lost in the woods; while most law professors worked on a law review in law school, have mentors and peers with vast publishing experience, and/or spent time as a VAP, I did not. I have wonderful, amazing mentors in Judith Wegner, RuthAnn McKinney, and Kris Franklin, but I did not have the day-to-day, hands-on contact with mentors that many doctrinal professors have when they are writing (all three women living several hundred miles from me). This is not because I don't have wonderful people at my school; it's that I was so busy with ASP, that I did not have much time to interact and chat about writing with my UMass colleagues. I know many people in ASP have the same experience.
1) Find some good, highly critical scholars who will review your article. God bless Judith Wegner and Kris Franklin, who read and commented extensively on my article. Don't be sensitive. Look for critical reviewers who will tell you exactly where the article has issues. As my dean says, "when you are in the weeds," it's very difficult to spot big-picture problems with your argument.
Also, find some really strong grammarians to proofread your article. It's amazing what you can miss when you have read your article everyday, for 45 days, 15 hours each day.
2) Go to LWI or AALS sessions on publishing. I attended Katherine Vukadin's session at LWI, and it was invaluable. If you can get your hands on her handout from LWI, do it! I used her suggestions as a guide when I wrote my abstract and cover letter, and her marketing advice was 100%, spot-on perfect (in fact, I think I am getting publishing in one of my first choice law reviews because I sent a marketing letter directly to the editors).
3) Do NOT switch computers between finishing your draft and submitting. If you have a perfect, proofread, spell-checked, and double-checked article ready to submit, submit it from that computer. And be absolutely, 100% certain that you are either submitting via PDF, or you have turned off comments and highlighting (if they are not turned off, you can save a "clean" copy, yet attach a copy with highlights and comments.) Be very, very careful submitting via Expresso and Scholastica. You can't recall a submission (because you submitted the wrong version, found an error, etc.) unless you plan on withdrawing and paying again.Trust me, these issues caused me huge headaches.
4) Let it go. Let it go. Let it go. Yes, it could always be better. Yes, you could spend more time on it. But sometimes, you just need to let it go.
5) If you are writing a pedagogy piece, find some trusted advisers to help you choose a placement. I went with a specialty journal that focuses on my topic (BYU Journal of Education and Law) despite having offers from some very well-ranked general law reviews. I knew that my audience was different from the audience for most law review articles, so I chose a placement that would draw readers and scholars interested in legal education.
Lastly, if you are like me, and terrified of Bluebooking, (because I did not have law review experience from law school) BE NOT AFRAID. Seriously, Bluebooking is about 1/10th as difficult as a law professor than it was when you were a law student. Once I got the hang of it (and it did take a week or so of correcting, and correcting again) it was not difficult, just tedious. I would advise against using a student research assistant to do your Bluebooking if you are afraid to do it yourself. You need to have the confidence to check your article before you submit, and you can't do that if you are relying, completely, on the skill and knowledge of a student worker.
And good luck! I hope to see many more ASPer's writing and publishing. (RCF)
Wednesday, August 6, 2014
Get comfortable being uncomfortable. This is my mantra for law school, the bar exam, the practice of law. There are always unknown factors and more than one right answer. You have to do your best to be prepared for anything but it still might not be enough. Certainty, absolutes, and complete control are not common. When asked a question, most lawyers answer with, “It depends…” Studying for the bar exam is a real test in getting comfortable being uncomfortable. You struggle to learn a massive amount of material yet are tested on only a fraction of it, and your score depends on how well others do. It’s a nerve-wracking process. I talk to my students about what it takes and how they will feel but I also experience it with them. Each summer during bar prep I do something that makes me uncomfortable. This year I decided to run. Every day. For the entire bar prep period and through the bar exam (66 days). Yes, I’m a runner but I hadn’t been consistent and was definitely not in peak condition. I had never run this many consecutive days and I kept making excuses to not do this challenge. I was a little scared that I would fail, which is exactly why I had to do it. Before I started I set some ground rules for myself: each week I would take a max of 2 “rest” days (under 2 miles) and do at least 1 challenging run (high mileage, hills, etc.). I would also go public (facebook) so I couldn’t make excuses. Then I started running. I started out cautious because I was afraid I’d get worn out. I realized that was wimpy and kicked it up a notch. I added cross-training two days a week to build up strength. And I kept running. By the end, I ran almost 200 miles in 4 states, lost a few pounds, and got some killer tan lines. I also learned a lot about myself and what it means to get comfortable being uncomfortable. Of all the challenges I have done, this is the one that most connected me to what my students are going through. Here are just a few take-aways:
(1) If you don’t take a break every now and then, you’ll get worn out and crash.
(2) There is rarely a good reason not to run but there are a lot of excuses.
(3) If you don’t have a plan you’ll find yourself running at 9:30pm and again at 6:30am the next day.
(4) A bad run is still a run and you will benefit from it.
(5) You must believe in yourself but don’t underestimate the importance of friends and family.
Get comfortable being uncomfortable. That’s what it’s all about.
Monday, August 4, 2014
Recent graduates, who have just taken the bar exam; students about to return to law school; and students about to enter law school have more in common than you think. Sure they are all heading toward legal careers. But in addition to the obvious, all of them may find themselves with time on their hands. All can benefit by reading good books. Recent bar takers can get to books that they had little or no time for in the recent past. Returning and new students can read for pleasure in the time remaining before the start of the fall semester. To quote one of my legal writing colleagues, "a good way to improve one's writing is to read good writing."
Taking my own advice and, once again, relying on my blogging son, I've turned to a book that he suggested: The Checklist Manifesto, by Atul Gawande. Gawande, a surgeon, begins with the premise that failures can stem from either lack of knowledge or ineptitude. Gawande then addresses the use of checklists – in multiple disciplines – to manage extraordinary amounts of knowledge and expertise.
Checklists help to ensure that any task is done completely. For example, law students preparing to submit a writing assignment can use checklists as they edit the assignment. Additionally, as law students prepare for exams, they can use their course outlines, to prepare checklist for addressing the legal issues that may be tested in each course.
Similarly, both newly admitted and experienced attorneys can develop and use checklists in a variety of contexts. For example, transactional attorney can use checklists – tailored to any transaction – to ensure that they fully perform all necessary tasks.
Saturday, August 2, 2014
My article is due to go out to law reviews on Friday. I have learned many, many things while writing the article, but the most important lesson learned is about teaching. Specifically, the process of submitting my piece to outside reviewers has given me renewed insight into what our students experience when they receive feedback. I know the research on students and feedback. However, it is completely different to experience getting feedback. If you have been in ASP for a while, you probably haven't received feedback since law school. Getting feedback is very tough. To write something, to spend weeks and months preparing, and then weeks and months writing, is emotionally draining and personally exhausting. You cannot help but feel that your admittedly flawed, incomplete article is a part of yourself. But then you have to let it go out to reviewers. If you are lucky, you will have tough, critical reviewers who are willing to tell you everything that is wrong with the piece, so that you can make it better before the submission process. I have been blessed with some really tough reviewers, and my piece is immeasurably better because they spent hours telling me just what is wrong with my flawed, incomplete article. I am confident that what goes out on Friday morning is no longer flawed or incomplete, but a fully-realized articulation of a problem. And it is better, stronger, and complete because of the feedback I received from outside reviewers.
The process of receiving feedback has reminded me how tough it is on our students. They spend all semester struggling with the material, and then they are judged on their learning just once or twice a semester. They cannot help but feel like they are being personally judged, evaluated, and measured. Part of our job is to help our students see that critical feedback is not meant to measure failures and self-worth, but to show them how to be stronger, better, and smarter. It is a part of the "invisible curriculum" of law schools (to use a Carnegie term) that criticism will produce stronger lawyers. We need to make that visible to students; we need to explain that we give them critical feedback because we believe they can be smarter, stronger, better thinkers and writers.
If you are a long-term ASPer, try writing an article for a law review. It may not help you in your professional evaluations, you may not need it for tenure, but you should do it because it will make you a better teacher. Reading about feedback is not the same as receiving feedback. Write because it will help you understand your students.
Tuesday, July 29, 2014
The first week of August hangs at the very top of the summer, the top of the live-long year, like the highest seat of a Ferris wheel when it pauses in its turning. The weeks that come before are only a climb from balmy spring, and those that follow a drop to the chill of autumn, but the first week of August is motionless, and hot. It is curiously silent, too, with blank white dawns and glaring noons, and sunsets smeared with too much color. Often at night there is lightning, but it quivers all alone. There is no thunder, no relieving rain. These are strange and breathless days, the dog days, when people are led to do things they are sure to be sorry for after.” ― Natalie Babbitt
To those that have just finished taking the bar exam, I hope you enjoy your first week of summer- the first week of August. I hope that you find your version of a Ferris wheel and pause to enjoy the great summer days. Whether it’s catching up with friends, reading non-law related books, fishing, swimming, lounging by the pool or on the beach. Whatever it may be, I hope you enjoy because you have earned it. You have earned the right to lazy around, sleep endlessly, drink a great bottle of wine, or just play with your dog or cat. Again, whatever it may be, enjoy!. Summer awaits you. It may be the last time where you will have endless time to do whatever you want, which may entail nothing at all. So, enjoy.
For those of you starting law school in the fall, you are at the beginning of this journey. However, the same applies to you. Enjoy all the fun, beauty and richness that is August. (LMV)