Wednesday, March 15, 2017
Students have returned from Spring Break and many third year law students (3Ls) are realizing that the end is in sight. In the near future, classes will end, 3Ls will sit for their last set of law school exams, participate in the commencement ceremony, and sit for the bar exam. Some are so fearful of the anxiety associated with preparing for and taking the bar exam that they choose to avoid thinking about the bar exam. Others are so excited about completing their law school careers that the bar exam appears to be a very distant occurrence.
The past few days have been devoted to discussions of graduation and the bar exam with students who procrastinate, including some who have already missed initial application deadlines (in spite of repeated reminders) and as a result may be required to pay additional fees. Others have failed to sign-up for a bar review program, or have suddenly realized that they have insufficient savings to cover their living expenses during bar exam preparation.
As we face the second half of the semester, a student shared an interesting video with me (see video below). In this video, Samuel M. Chang, the outgoing 14th Circuit Governor for the ABA Law Student Division shared his perspective at an informational hearing of the California State Assembly Judiciary Committee last month. Chang spoke during a panel titled: “Possible Impacts of the Decline in Bar Passage Rates Upon Consumers and Different Sectors of the Legal Community: How Might the Decline of Bar Exam Passage Rates Impact Law Students, Legal Aid providers, Consumers and the Public Interest.” It is powerful to hear from students themselves about their personal experiences and those of their peers. Although the video focuses on law students in California, its content is also relevant to some law students in various jurisdictions with whom we interact and who are unsuccessful on the bar exam. Please find the link here to the transcript of his remarks. (Goldie Pritchard)
Sunday, November 6, 2016
Tuesday, December 8, 2015
The U.S. Supreme Court will hear arguments this week on this race-conscious admissions case concerning Fisher's denied admission to the University of Texas at Austin in 2008. See an article from yesterday's Chronicle of Higher Education here: Chronicle Article on Fisher Case.
Tuesday, November 17, 2015
Although a bit off topic, I thought this article was newsworthy. The Chronicle of Higher Education ran an interesting story yesterday. Although its main focus is on Boston University's Law School joining with MIT to start an Entrepreneurship and Intellectual Property Law Clinic in response to legal problems that some MIT student innovators ran into, it mentions that other law schools are also involved in such ventures. The link to the story is here: Universities Set Up Legal Clinics to Help Student Innovators. (Amy Jarmon)
Friday, November 6, 2015
Study group expulsion led to violent consequences at UC Merced this week. Today in The Chronicle of Higher Education there is a short follow-up article on the stabbings at UC Merced that states the attack was caused by the attacker's expulsion from a study group. The attacker was a Freshman at UC Merced. A manifesto was discovered in his pocket and tied his anger to expulsion from the group. Read the article here: Attacker at UC Mercad. The article mentions an article in the Los Angeles Times which is linked here: UC Merced assailant was angry over study group snub. (Amy Jarmon)
Friday, August 14, 2015
The ABA (finally) adopted a resolution that encourages state bar licensing entities to eliminate questions about mental health on bar applications. Many of us have advocated for such elimination for years due to the potential damaging effects that these types of questions may have on law students. The stigma that these questions produce may discourage law students from seeking much needed mental health treatment or therapy while they are in law school. By eliminating these questions, law students do not need to fear the character and fitness/bar application process if they do decide to seek mental health treatment.
Friday, June 12, 2015
Should we encourage grads to delay taking the bar exam if we think that they will not pass on their first attempt? This is a very sensitive topic and aspects of which are currently being litigated in Arizona. Those of us who are overseeing bar preparation can easily understand the thinking behind what is happening in Arizona. We work with very diverse groups of students and we know their likelihood of success on the bar exam hinges upon several factors.
Some students are working full time as they study for the bar; some are caring for an elder or young child; and some struggled throughout law school and barely graduated. Others are less motivated to put in the necessary time to pass the bar with a traditional 8-10 week preparation window. We also understand that some students will greatly benefit from taking some time off between law school graduation and studying for the bar exam.
Because we know most of our students so well, we are keenly aware of particular students who are unlikely to pass on their first attempt (due to any number of reasons). Thus, does this mean that we should discourage them from sitting for the bar this summer? Personally, I have grappled with this notion. However, I have heard of other Professors, Law Schools, and ASPers who often dissuade (and possibly entice with incentives) grads into delaying their bar examinations.
Unless I have been directly asked by a grad for my professional opinion, I wrestle with whether it is my place to influence their decision to sit for or delay sitting for the bar exam. However, when you work so closely with grads during their bar preparation, we do not just think that they may not pass; instead, we often know that they will not pass. Bar exam performance can be predicted when you look at several factors and data points. When I have access to their scores throughout bar review, especially their simulated exams, I can predict with a high level of accuracy their performance on the actual bar exam.
Does this mean that I should encourage delaying the exam? This is the very issue I grapple with. On the one hand, when I know that they will likely fail the exam, encouraging them to wait means they do not have to experience the shame and defeat associated with failing the bar. We also know that once a student has failed the bar exam, passing it becomes a bigger psychological and emotional challenge. (As if it could be more psychologically challenging.) Dissuading them from sitting, also means that bar passage statistics will likely be more favorable for my law school; thus, the dilemma. Because of the current state of affairs in legal education, law employment, and law school admissions, bar passage matters. It matters more now than ever. Therefore, there is no easy answer.
Tuesday, May 5, 2015
After considerable debate and several public hearings, the New York Court of Appeals has adopted the recommendation of the Advisory Committee on the Uniform Bar Examination and in July 2016 New York will administer the Uniform Bar Examination. The New York State Board of Law Examiners has proposed that New York set the passing score for the UBE at 266. In other jurisdictions, the UBE passing scores range from 260 (Alabama, Minnesota, Missouri) to 280 (Alaska and Idaho). The bar exam landscape is changing. Will this move create a "domino effect?" Will other states change their passing scores? Will New York see an influx of applicants? Only time will tell.
Friday, March 6, 2015
We are pleased to announce this year’s full-day NY Academic Support Workshop, to be held from 9:30 to 5:30 at New York Law School on Friday, April 17. As usual, this will be a small and rather-intimate gathering of academic support professionals and colleagues actively working to learn from one another.
As is our usual practice, the afternoon sessions of the workshop will have an open agenda and room to include any subject of interest to those in attendance, while the morning sessions will be centered on a specific topic. For this year’s morning session we would like to concentrate on working with law students who have recently been placed on academic supervision or probation. How do we best help these students? What unique problems do they face? What sorts of pedagogies help them become motivated and effective learners? Any and all insights, discussions, ideas or presentations will be welcome.
One thing that makes all ASP gatherings exciting has always been our unique emphasis on interaction – ASP folks DO things together so that we can learn together. NY Workshop participants work with one another to develop or enhance our individual lessons, materials, presentations, or any other part of our professional endeavors. No one who comes is allowed to be a back-bencher. If you would like to attend, please let us know whether you want to share one of your own issues, ideas, etc., comment on ones brought by other participants, or both. And please let us know whether you think your topic/question/issue/material/presentation lends itself to our morning’s theme or to the more open-ended part of our agenda. When we confirm who will attend and what specific questions the participants plan to address, we will send out a finalized workshop agenda.
RSVP to Kris at email@example.com.
Since this is not a formal conference there is no fee to attend. We hope to see many of you soon!
Thursday, February 19, 2015
In a lot of respects, Legal Writers have struggled with (and sometimes overcome) the professional challenges many ASPers face. Professor Ralph Brill brings some of these to light in his response to a University's President's Frank Look at Law Schools. Professor Brill's response also briefly touches on the disparate impact to women when Legal Writing, and I submit ASP, is undervalued. Similarly, Professor Flanagan highlighted sexism in a blog post early this year. It is hard to believe that these are issues we are still grappling with in 2015.
Saturday, January 17, 2015
ASP conferences and presentations frequently extol the virtues of group work. Books and articles suggest that group work would enhance legal education, make students better prepared for law practice, and make law school less isolating. Business schools rely on group projects. Despite the evidence, law schools hew to the familiar, and few 1L courses include group work, although some upper-division seminar and clinical courses include group exercises. For women, there may be some benefit to this arrangement.
Women are subject to the "secretary effect," where they are the secretary, the recorder, or the stenographer in group projects. The spit-balling, the creative thinking, and the leadership roles are taken by the men of the group. Women are expected to play supporting roles, while men take the lead, when they work in groups. This arrangement extends into adulthood.
I never liked group work, which is one of the reasons I enjoyed law school. In group projects, I felt like my contributions were never valued, I did more work than other members of the group, and I was stuck in ill-fitting roles where I could not demonstrate my competance. On the rare occasion I had to work in a group during law school, I sought out all-female groups, where I knew I would feel more comfortable.
Professionally, I see the same pattern. ASP is dominated by women, who rarely rise to leadership roles outside of our small community. ASP is designed to support students, but is frequently expected to support the (predominately) male tenured and tenure-track faculty. ASP, as a field, keeps the students in school, helps them achieve career success through bar support, yet rarely receives the credit for helping law schools meet accreditation standards. In ASP, we are still the unsung secretaries, the essential member of the group who is undervalued and overlooked.
Group Projects and the Secretary Effect
Saturday, January 3, 2015
This semester has been eye-opening for me. I haven't spent a lot of time thinking about sexism in ASP. Although I am a dyed-in-the-wool, true-blue feminist, I've been lucky that I haven't faced much individual sexism (as opposed to institutional or systemic sexism, which are think are endemic to the academy). In the past, it's been one-off incidents, nothing that made me really question whether ASP fosters sexism. ASPs are predominantly run by untenured women, teaching in second-class rolls. While more men have joined our ranks, many of the (admittedly talented, committed) men that have been in ASP for more than 5 years have moved into tenured or high-level administrative positions, while I see equally talented, committed women stuck in the same second-class positions, without promotions or recognition, year after year.
I don't think this is solely due to institutional sexism. Studies have shown that women receive lower course evaluations than men. A tiny, needs-to-be-replicated study out of North Carolina State demonstrated that students will give higher course evaluations if they believe their instructor is a man--whether to not the instructor actually is a man or a woman. (See study here)
This semester I co-taught an ASP course with a fantastic, very talented male (tenured) professor. Mid-semester, we asked students to fill out qualitative evals, asking them to tell us what we should do and how to improve. While the majority of the surveys were helpful and fair, a disconcerting minority used the evaluations to make personal, sexist comments that had nothing to do with the substance of the course. Not one evaluation made personal comments about my male co-teacher.
I spoke with several experienced female professors after I read the evaluations. Everyone had a similar story; students feel it's okay to attack a female professor's attire, posture, hair style, or tone of voice in evaluations meant to measure teaching.
These attacks on female professors are damaging careers. Students evaluations are regularly used to renew contracts and earn tenure. The best administrators know to ignore these damaging comments in evaluations. But many evaluations are on a 1-5 scale, with female professors losing valuable points for things that have nothing to do with their ability to teach. And administrators can't distinguish between someone who needs help in the classroom, and someone who is receiving low scores because "their voice hurts my ears" or "their clothes are too bright for my taste."
ASP is integral to the success of the legal academy. It is time we started looking at the reasons why we are still second-class citizens.
Thursday, October 9, 2014
New York is considering the adoption of the Uniform Bar Examination. That is one sentence I did not imagine that I would be writing in 2014. But, it is true. NY may be the 15th state to adopt the Uniform Bar Exam. The New York State Board of Law Examiners (SBLE) has recommended to the New York Court of Appeals that the current bar examination be replaced with the Uniform Bar Examination (UBE) beginning with the July 2015 administration. This news made me wonder, “What are the benefits of the UBE and why would a state like New York want to adopt it?”
The Uniform Bar Examination (UBE) is prepared by the National Conference of Bar Examiners (NCBE) to test the knowledge and skills that every lawyer should be able to demonstrate prior to becoming licensed to practice law. It is comprised of six Multistate Essay Examination (MEE) essays, two Multistate Performance Test (MPT) tasks, and the Multistate Bar Examination(MBE). It is uniformly administered, graded, and scored by user jurisdictions and results in a portable score that can be used by applicants who seek admission in jurisdictions that accept UBE scores.
When a law school graduate takes the UBE, they can use their UBE score to apply to other UBE jurisdictions for bar licensure. The following jurisdictions have adopted the UBE: Alabama; Alaska; Arizona; Colorado; Idaho; Minnesota; Missouri; Montana; Nebraska; New Hampshire; North Dakota; Utah; Washington; and Wyoming. With New York possibly on board and other states considering it, the UBE is beginning to look more like a national exam.
Since many law students do not yet know where they would like to practice law, the portability of an applicant’s UBE score allows for more flexibility and mobility. Law graduates can take the UBE in any UBE jurisdiction and use their score to apply to as many UBE State Bar Associations as they would like. Instead of sitting for another bar exam, UBE licensed graduates can bypass a second test and apply directly for additional bar licenses with their UBE score.
However, other state specific requirements may also be required. For example, New York has proposed adding an additional New York specific one hour, 50 question, multiple choice test that would be given on the second day of the UBE. In order to practice in NY, an applicant would need to pass the UBE, with a score of 266, and score at least 60% on the state specific exam.
Avoiding a second bar exam is wise since bar exams are costly, excruciatingly difficult, and very time consuming. Taking the bar exam once is enough! The Uniform Bar Examination has many benefits- from portable scores, to multijurisdictional practice, to greater employment options. Having the UBE take a bite out of The Big Apple is a huge move in the right direction for this generation of law graduates.
If you would like to learn more about the Uniform Bar Examination, please visit The National Conference of Bar Examiners web-page at http://www.ncbex.org/about-ncbe-exams/ube/. If you would like to comment on New York’s proposal to adopt the UBE, you can e-mail your comments to: UniformBarExam@nycourts.gov or write to: Diane Bosse, Chair, New York State Board of Law Examiners, Corporate Plaza, Building 3, 254 Washington Avenue Extension, Albany, NY 12203-5195. Submissions will be accepted until November 7, 2014.
Thursday, October 2, 2014
Picture this: Your new suit is pressed and ready, your parents have arrived from out of town, and your celebratory dinner reservation has been made. Then, you get a call; one you could have never imagined receiving. You thought you passed the bar exam (because you were on the pass list); but, the State Bar Commission tells you during that fateful phone call that there was an error. (Insert menacing music here.) Unfortunately, they deliver the news that there was a clerical error and that you actually did not pass the bar exam. What??? How could this happen?
This is exactly what happened in Nebraska this week when three almost attorneys were called 24 hours before being sworn in and told that they fell just a few points short of passing the bar exam even though they were initially told that they had passed. One phone call changed their life. While I often remind students that this is just an exam, it is an exam that consumes extensive amounts of time, money, and willpower. It is not an exam that anyone (other than a select few) wants to take over and over.
Mistakes happen. However, with high stakes testing such as the bar exam, shouldn't there be more stringent standards in place so that mistakes of this magnitude do not occur? If our society relies on the bar exam to determine a lawyer's competency to practice law, are we not also allowed to require those who administer the bar exam to be competent? With news such as this from Nebraska, we may need to start asking, who polices the gatekeepers?
Lisa Bove Young
Saturday, August 23, 2014
August 18, 2014
As the summer wanes and we move into the fall semester, the University of Massachusetts – Dartmouth School of Law wishes to invite you to our Second Annual Junior Faculty Scholarship Exchange. This is an opportunity for junior faculty in the New England region to gather together to discuss works in progress, finished papers, research interests, and to network with peers from other institutions. Our hope is to provide a local forum for legal scholars to develop their ideas and scholarship with input and constructive criticism from fellow law teachers. This event is especially aimed at faculty with seven, or fewer, years of law teaching experience.
We are hosting this conference at the UMass Club, located in the heart of Boston’s financial district, on the 33rd floor of 225 Franklin Street. The venue is close to South Station, and the red and orange lines of the MBTA, several parking garages and local hotels. A hot buffet lunch, with morning and afternoon snack services will be provided. For directions, see: http://www.clubcorp.com/Clubs/University-of-Massachusetts-Club/About-the-Club/Directions-Hours.
Please consider joining us for this event by marking your calendar for Friday, October 17th, 2014, from 10 to 4. Seating will be limited. To register for the Junior Faculty Scholarship Exchange, send me an email at firstname.lastname@example.org. Kindly include a short abstract of the work you wish to share with our group. We will confirm your registration for the event. Once we achieve capacity, we will need to decline further registrations . As this event is being underwritten by the University of Massachusetts-Dartmouth School of Law there is no registration fee. Attendees will need to assume responsibility for their personal travel or lodging expenses.
Feel free to forward this invitation to a junior faculty member that you believe may be interested. If this is information that you would prefer not to receive, please let us know and we will take you off of our list. If you have any immediate questions or concerns please call us at (509)985-1121, and ask to speak with Emma or me. Thank you.
Spencer E. Clough
Associate Dean/Director of the Law Library
The University of Massachusetts – Dartmouth School of Law
Thursday, July 3, 2014
I just returned from the LWI Biennial in Philadelphia. Unfortunately, I was unable to stay the full three days, but I was able to attend the majority of the conference. And it was well worth it. I would strongly suggest Academic Support professionals with the means to attend legal writing conferences to do so. Legal writing and ASP have collaborated for as long as we have been a part of legal education, and our histories are intertwined. ASP well-represented at LWI, and the sessions gave me much food for thought. An example was the presentation by Jeremy Francis of Michigan State. He presented on a long-term study of writing support. The study was one that could easily be replicated by ASP folks (with the assistance of institutional research or statisticians), and I found his results to be fascinating. Katie Rose Guest Pryal of UNC Law gave a fascinating presentation on genre theory. For everyone reading this, thinking, "that's so legal writing, and I have nothing to do with legal writing," let me clarify. She presented on how to teach students the basics of all legal documents, but examining the similarities and differences between them. I left her presentation thinking, "WOW! This is a revolution in legal writing, and it has SO much applicability to ASP!" The ASP work being done by Chelsea Baldwin of Oklahoma City Law School has significant overlaps with Dr. Pryal; Chelsea is looking at the difference between doctrinal subject matter, and Dr. Pryal is looking at similarities. Both scholars are examining law in ways that can help our students see the big picture.
I would be remiss if I did not mention the number of ASPers who presented at LWI; Kris Franklin and Paula Manning had an amazing presentation on using visuals to teach students about applying and distinguishing cases, Corie Rosen (formerly of ASP, but still a friend of ASP) presented on positive psychology, Myra Orlen presented on the new normal, and Courtney Lee presented on bar support. I strongly recommend that ASPer's beg, borrow, or steal a copy of Kris and Paula's presentation materials--their material was a game changer. It is a credit to Kris that I have seen a version of her presentation several times, and yet I get something new from it each time. And if I missed anyone, I sincerely apologize, I wasn't able to attend the entire conference.
Thursday, June 26, 2014
The Association of Academic Support Educators (AASE) convened in beautiful Indianapolis for their second annual conference. What went well at AASE? Well...the program was packed with creative, informative, and inspirational presentations; all in attendance can attest to knowing how to add multiple choice questions to help students achieve core competencies, recognize the implications FERPA has on Academic Support, and to design effective learning experiences for their students. Plus, it was 80+ degrees and sunny!
In true ASP fashion, everyone was encouraged to acknowledge "what went well" by expressing their gratitude, thoughts, or observations to each other on index cards. While this was conceived at the inaugural AASE conference, I am happy to report that it has now become a tradition. Honoring each other in this manner is such a gift. Both receiving an index card or giving one provides a great opportunity for us to show our support for each other.
In addition to the amazing presentations, the conference provided the perfect venue to network (and dance) with AASE members and Indianapolis was the perfect backdrop. A huge thanks to the program and planning committees and to the host school representative Carlotta Toledo for organizing such a wonderful conference. Next year's AASE conference will be in Chicago, at John Marshall Law School, and our host school representative will be Jamie Kleppetcshe.
Wednesday, May 21, 2014
This week, the Justice Department filed a landmark consent decree to settle claims that the Law School Admission Council (LSAC) practices violated the Americans with Disabilities Act (ADA). Many of us work with students who may have been affected by LSAC’s “flagging” practice, which identifies applicants who received extra time on the LSAT. This decision not only helps to remedy past discrimination, but also helps ensure that applicants with disabilities are protected in the future. This excerpt taken from the Department of Justice webpage lists the details of the agreement.
Under the consent decree, LSAC has agreed to:
- put a permanent end to the practice of flagging the LSAT score reports of individuals with disabilities who take the LSAT with the common testing accommodation of extended time;
- pay $7.73 million to be allocated for a civil penalty, compensation to individuals named in the United States’ and other plaintiffs’ complaints, and a nationwide victims’ compensation fund;
- streamline its evaluation of requests for testing accommodations by automatically granting most testing accommodations that a candidate can show s/he has previously received for a standardized exam related to post-secondary admissions (such as the SAT, ACT or GED, among others); and
- implement additional best practices for reviewing and evaluating testing accommodation requests as recommended by a panel of experts (to be created by the parties).
Saturday, May 3, 2014
The Fourth "Colonial Frontier" Legal Writing Conference — Saturday, December 6, 2014
Hosted by: The Duquesne University School of Law, Pittsburgh, Pennsylvania
Conference Theme: Teaching the Academically Underprepared Law Student
For generations, college and law school educators have often voiced the belief that their students are not as prepared as they used to be. Although some educators may disagree about whether there really has been a change in students since the apocryphal “good old days,” there is a growing body of scholarship suggesting that 21st Century college graduates and law students lack the critical thinking skills necessary for law study and that as educators we are facing new challenges in teaching these students. See e.g. Richard Arum & Josipa Roksa, Academically Adrift: Limited Learning On College Campuses (2011); Susan Stuart & Ruth Vance, Bringing a Knife to a Gunfight: The Academically Underprepared Law Student & Legal Education Reform, 48 Val. L. Rev. 1 (forthcoming 2013), available at http://works.bepress.com/ruth_vance/1 (the theme of this conference is based on this article’s title). Scholars and other commentators have pointed to many causes for the real (and perhaps perceived) problems that new law students have coping with the demands of academic and professional training. These causes include the declining quality of pre-college schooling and a focus on standardized testing, lowered expectations at the undergraduate level, a decrease in the numbers and “quality” of incoming law students, the generational characteristics of current law students, the effects on student learning from psychological problems such as anxiety disorders, the deleterious influence of the Internet and computer technology, and more. This conference will offer attendees an opportunity to hear from others who are interested in these questions, and, hopefully, learn how to better teach current law students or change the current educational environment.
We invite proposals from educators who want to speak to these issues. The Duquesne Law Review, which has published papers from two previous Colonial Frontier conferences, plans to devote space in its Spring 2015 symposium issue to papers from the conference.
We welcome proposals for 30-minute and 50-minute presentations on these topics, by individuals or panels. Proposals for presentations should be sent as an e-mail file attachment in MS Word to Professor Jan Levine at email@example.com by June 2, 2014. He will confirm receipt of all submissions. Proposals for presentations should be 1000 to 2000 words long, and should denote the topic to be addressed, the amount of time sought for the presentation, any special technological needs for the session, the presenter’s background and institutional affiliation, and contact information. Proposals should note whether the presenter intends to submit an article to the Duquesne Law Review, based on the presentation. Proposals by co-presenters are welcome. Proposals will be reviewed by Professors Julia Glencer, Jan Levine, Ann Schiavone, and Tara Willke of the Duquesne University School of Law, and by the editorial staff of the Duquesne Law Review.
Proposals for presentations will be accepted by June 15, 2014. Full drafts of related articles will be due by September 5, 2014; within a month of that date the Duquesne Law Review will determine which of those articles it wishes to publish; and final versions of articles will be due by January 12, 2015.
The attendance fee for the conference will be $50 for non-presenters. Duquesne will provide free on-site parking to conference attendees. The conference will begin 9:00 a.m. with a welcoming breakfast and reception at the Duquesne University School of Law, followed by two hours of presentations. We will provide a catered, on-campus lunch, followed by 90 additional minutes of presentations, ending at approximately 3:00 p.m. We will then host a closing reception in the “Bridget and Alfred Pelaez Legal Writing Center,” the home of Duquesne’s LRW program.
Pittsburgh is an easy drive or short flight from many cities. To accommodate persons wishing to stay over in Pittsburgh on Friday or Saturday evenings, Duquesne will arrange for a block of discounted rooms at a downtown hotel adjacent to campus, within walking distance of the law school and downtown Pittsburgh. We will also provide attendees with information about the Pittsburgh area’s attractions, including our architectural treasures, museums, art collections, shopping, and world-championship sports teams.
Tuesday, February 25, 2014
Check out Lisa McElroy's post, which highlights the discrepancies in status and salary that legal writers (and ASPers) face. http://www.dorfonlaw.org/2014/02/are-legal-writing-professors-like-nurses.html