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)
Tuesday, July 22, 2014
I have reached a point where I find myself so short of time to do the tasks I really need to do every day that I am launching an experiment. I will telecommute one morning each week. Is it a good idea? I am not sure. What I do know is that because I have an open door policy, much of what I do every day, I had no idea I would be doing that day. I find myself short of time to read, to reflect, to research, to plan and to prepare. Rather than complete the PowerPoint I plan to use for a workshop at least a week in advance (or even a day in advance for that matter), I find myself doing it late the night before and resenting that I have to do so. I have no one to blame but myself. Hopefully this will help me to get the bigger projects done that do not require any resources from the office. For more great advice on time management check out Amy Jarmon’s excellent book Time and Workplace Management for Lawyers, ABA Publishing 2013. (Bonnie Stepleton)
Monday, July 14, 2014
I wish that I could say that I thought of the title to this posting myself, but I didn't. I have taken/borrowed the title of this post from my son's blog.
When we approach new and challenging tasks -- regardless of what those tasks may be -- repetition is important to mastery and, yes, to resilience. I would add one point to my son's sentiment: it is also critical that we do not always struggle in isolation as we work toward mastering new tasks.
Whether you are studying for the bar exam, whether you are a first year law student trying to master the myriad skills necessary to succeed, or whether you are, like my son, learning to use excel spread sheets, repetition is a key. But, you should also be willing to accept assistance and support that is offered to you.
For July bar exam takers, as you prepare to take the bar exam, employ repetition to achieve success (and resilience) and take advantage of all of the support and instruction offered by both your commercial bar prep class and by your law school.
For those about to enter law school in the fall, you will face new tasks. Employ repetition, but be sure to take advantage of the assistance offered to you by your law schools: attend academic support workshops and classes; meet with your professors; and meet with your law school’s academic support professionals. And remember that "nothing teaches resiliency like repetition."
(Myra G. Orlen)
Wednesday, July 2, 2014
I've started working out recently with this exercise DVD program called Focus T25 by Shaun T. It's incredibly hard and I often find myself wanting to quit half way through, it's only a 25-minute video. Whenever I want to give up Shaun T will chime in and say “stay focused, don’t quit.” After yelling several obscenities at the TV screen, I usually manage to crawl to the end by staying focused on the end goal, which is to get back in my skinny jeans and ultimately to have a healthy lifestyle. For those of you taking the bar exam, the bar review is much like that exercise video. There are times when you want to give up and may yell obscenities at anything bar related (aside from an actual bar), but I beg of you to please don’t lose focus and don’t give up.
Most of you entered law school with an end goal in mind. You wanted to help the underserved access legal services, you wanted to work on the next big deal or you wanted to fight crime as an ADA. Whatever the case may be, you entered law school with a goal. Don’t let the bar exam make you lose sight of that goal. I know it’s hard and you may want to give up at times, but that’ s when you need to stay focused and as Shaun T would say “dig deeper.” Ask yourself “why am I doing this?” If you can still answer, because “I want to help the underserved”, “I want to be a great litigator “or “I want to be the next great deal maker”, then you must hang on to that and power through.
The bar review and the bar exam will test your mentally, physically and emotionally, but stay focused and fiercely hang on to your goal. It really is worth it. (Larasz Moody-Villarose)
Tuesday, July 1, 2014
Some may remember from Saturday Night Live the lovable character Stuart Smalley - “I’m good enough, I’m smart enough, and doggone it, people like me!” Students studying for the bar will do well to heed Stuart’s affirmation. As a part of my bar review class, I begin each session by handing out a 3 x 5 index card and asking students to write an affirmation, prayer, statement, or to draw a picture that will help them form a positive mental attitude. In writing these, I remind students to phrase them in a positive voice. For example, rather than writing, “I am not stupid” write, “I am competent.” The mind tends to hear and remember the last word spoken. The affirmation should be short - preferably one sentence long. At the end of each class, we take a minute to have one volunteer share one affirmation for the group and then read aloud all the affirmations compiled up to that point. I was hesitant to do this for fear of being crtiticized as being too "touchy/feely" but decided to take the risk. I am glad I did. Many students report that although initially skeptical, they find this exercise helpful in maintaining calm. Because the affirmations are personal, they are powerful. (Bonnie Stepleton)
Saturday, June 28, 2014
I am in the middle (or actually, the middle of the end) of writing my first law review article in 7 years. It has been a monumental task, starting with the fact that I am terribly out of practice. The Bluebook has changed since the last time I published in a law review (and I wasn't great at Bluebooking to begin with!) I have only had a month of solid writing time, although I have been researching and writing piecemeal for almost a year. To get inspired this morning, because I am so tantalizingly close to the end, but just so burnt out and exhausted, I read an article in the Chronicle of Higher Ed comparing writing to running. I am a long distance runner, primarily at the 10k to half-marathon length, so I thought the article could help inspire me. And she did have some good advice.
Done is better than perfect. As I write, I think about all the connections I should be making. However, I don't have the time to write the article of my dreams, I have to finish. And done is better than perfect. I think this also applies to bar takers. So many high-achieving students get stuck during bar prep because they have trained themselves to be perfect. On law school exams, aiming for perfect is important if you want to be in the top of your class. But for bar prep, just getting the work done is more important than perfect. You can't be perfect when you have so many subjects to cover, and so little time.
Writing and running each require one small step. An article doesn't come out whole in a day or a week. Neither does bar prep. Each are about taking one small step, then another, and so on. Because if you look at the project, the race, or the bar exam, as one giant monolith, you will never get started. And you have to get started. And you have to keep going when you only have 4 pages of a 30 page article, or you have only read one subject in a 15 subject outline, or you have run one mile, and have 12.1 more to go.
So with that, I need to get back to writing. I am working on one of my last sections, a section that is dear to my heart--ASP. And then I need to write my conclusions. Wish me luck. And to all of you working on the bar exam, good luck to you, too. I hope to see fellow ASPers at LWI next week.
Tuesday, June 24, 2014
I am fortunate to work at a law school that is part of a major university. Physically, the law school is located at the northernmost end of the campus across a busy street (It is known as “Rio Lomas” -- which many do not dare to cross). There are amazing resources available to students, staff and faculty on main campus. Students can take advantage of all the services and resources available from training in a first class gym to attending a movie for two bucks, to taking advantage of a career fair that has cross over opportunities with graduate students. There are regularly national level speakers lecturing on a host of topics. At our school, law students can take up to 6 hours of graduate level courses in other departments such as Business, public administration, Latin
American studies and more. For staff and faculty there is top notch training for teachers through the Office for Support of Effective Teaching. Staff have tuition remission available to take classes. Take advantage of what your school has to offer this summer! (Bonnie Stepleton)
Thursday, June 19, 2014
Many bar applicants are unsuccessful on the written portion of the bar exam because they fail to adequately answer the question(s) posed by the examiners. However, telling our students to “answer the question” not only seems obvious, but can also feel patronizing. To avoid this, I clarify how a student can ascertain what the examiners are really asking by following these steps.
Step 1. Read the call of the question to identify the subject, parties, and cause(s) of action. If the call is narrowly crafted (i.e. Can Abel be found liable to Cain under a strict liability theory?), make sure that you are answering the specific direction within the call. If the call is broadly drafted (i.e. Discuss the liabilities of the parties.), you will need to determine the central focus from the facts presented.
Step 2. Before moving forward, recall the key topics within the subject area being tested. You should be able to visualize your checklist, flowchart, or outline for each topic area. You may even want to quickly write your mnemonics on your scratch paper.
Step 3. Now, it is time to “actively read” the fact pattern. What does “actively read” mean? Use a pen/pencil/highlighter (depending on your state bar policies) to circle, underline, or annotate the facts as you read through them slowly. Pay attention to numbers, quoted language, unusual FORMATTING, and repetition within the fact pattern. These are structural and factual issue signals. Pay close attention to these facts and use them liberally within your answer as you apply the law. Reading slowly and carefully will help you to fully synthesize and find relevance for all of the facts.
Step 4. Use your scratch paper. Yes, use the paper provided to sketch out your answer before you begin typing your response. Do NOT rewrite the entire fact pattern or your entire outline. Use your scratch paper to list the buzzwords and legally significant facts. But, you may also want to write the call of the question on your scratch paper to ensure that you answer it. These brief notes will help later with your IRAC.
Step 5. An important last step: reread the call of the question! Make sure that your scratch paper notes and initial impressions align to the actual question being asked. Now, you are ready to begin writing your answer.
Bar exam drafting committees are constructing fact patterns and questions to test various skills and abilities. The ability to identify legal issues and determine the legally relevant facts are two such skills. Knowing the law thoroughly will help you spot issues and will help you answer the question. But, practice will help even more.
(Lisa Bove Young)
Thursday, June 12, 2014
Summer bar preparation is kicking into high gear. The first week is a blur. The second week is overwhelming. The third week is a blur again. Bar preparation is excruciating- physically, mentally, and emotionally. One way to stay even and remain focused is to practice meditation.
Meditation can take on many forms. However, mindfulness, attention to breathing, and intentional focus are necessary components. First, try to create an environment where you can be quiet and free from distractions. You do not need to redecorate or go to extremes. Merely find a spot where you can feel relaxed for ten or twenty minutes per day without being interrupted.
Next, concentrate on your breathing. Think about good air coming in to refresh and satiate your spirit; and, the bad “stressful” air being exhaled and released. Attention to breath is essential to meditation. If the only one thing that you accomplish is sitting with your breath for 10 minutes, you will still be in a better mental place. Try to clear your mind and focus on your breathing and let everything else melt away. Thousands of assignments, rule statements, MBE questions, and life stressors will try to infiltrate your thoughts. Keep them out by concentrating on your breathing. Let this time be just about your breathing.
By making meditation a daily practice, the stress of bar review will slowly melt away…at least for a short part of your day. Even though schedules are strained, adding a 10-20 minute daily meditation can help add a deeper level of peace and contentment. So... turn off your phone and computer, find a soft spot to land, close your eyes, and breathe.
(Lisa Bove Young)
Wednesday, June 11, 2014
Group work is essential to graduate programs in business. Group work is a staple of medical school. But law students baulk at the idea of group work. This is a problem that has baffled me for years. We hear more and more about collaborative work as the cornerstone of students learning, and the need to teach law students how to work collaboratively. But professors who do require group work find that law students resist, fight, and malign collaborative projects. Why do law students hate group work?
1) We teach them that their grade is only as good as the person next to them.
Competition for grades starts the minute law students realize they are graded on a curve. Students begin to fear their peers, because they perceive their peers as their enemies, not as collaborators. Students who fear and mistrust they classmates are not going to put in extra effort to work together. They w fear that anyone who knows what they know will use it against them, either in preparing for a final exam, for personally, to hurt them in the future. Fear and mistrust are not the building blocks of collaboration.
2) We haven't dealt with our "free rider" problem.
I have colleagues who assign group projects, and I always hear about the "free rider" who manages (scams) his or her way into a hard-working group, only to receive a (high) grade based on the work of others. The students mistrust the free rider, but other than tattle to the teacher, there is little the group can do about a free rider. I have seen teachers try to deal with the free rider problem by requiring peers to assign grades to their partners, but this often results in gaming. Entire groups can game the grading by agreeing ahead of time what grades they will give each other, or individuals can game the system by agreeing to a group grade, and later giving their partners lower-than-promised grades in order to boost their personal standing in the class (yes, our students know the "prisoner's dilemma"). The only way to deal with the free rider problem is to require law students to work together on many projects over a long period of time, so "free riders" have to fear their own reputation. However, collaborative projects are pretty rare in law school, so a "free rider" doesn't need to fear that they will be ostracized from other groups if they manipulate the system.
3) We have not taught them HOW to work collaboratively, and they fear what they do not understand.
I loved group work when I was getting my MA in education. Early in my program, we were taught how to collaborate. Our professors explained the expectations of the program; teachers must collaborate, so collaboration was a part of what we needed to learn in order to be successful classroom teachers. The professors were very clear about their personal expectations for the class. Any one person could be asked to explain all of the project, at any time, so no one could be a "free rider" without risking their grade. Probably the most important lesson imparted in my program was that we were all in this together. My MA program stressed that all of us are representing the Neag School of Education, and one person who is a failure as a teacher represents our entire program. No one wanted our program to be anything less than excellent, so we wanted to shine. We worked together because we saw ourselves as members of a team, not competitors.
Tuesday, June 10, 2014