Law School Academic Support Blog

Resources for Visual Learners

A large number of my students have higher scores for visual learning than verbal (read/write) learning when they take learning style assessments.  Obviously, they have to use both learning styles in law school.  However, by converting material to visual graphic organizers to absorb it, process it, and retain it, these students will be better able to convert it back into verbal forms for the exams.

I have listed some web-based and hard copy resources below that may assist your visual learners.

• Students can explore three K-12 educator web sites to discover a variety of graphic organizers for learning.  Although the examples will talk about photosynthesis or the plot for Huck Finn, the students can easily relate to which of the organizer formats might be useful for different law courses.  The three web sites to check out are: Write Design on Line; Education Place; and The Graphic Organizer. 
• A software that helps students to produce flowcharts easily can be found at Inspiration Software.  Although the company offers several software products, law students want to click on Inspiration 8.0.  There is an option for a 30-day free trial.  One of the nifty aspects of this software is that once the student has made the flowchart, she can choose for the software to produce a skeleton outline of the information.
• The Gilbert Outline Summaries Series uses more visuals than any other study aid series that I have discovered.  Some of the different graphic formats used by the series are: tables, columns, time lines, decision charts, relationship charts, and checklists.
• The CrunchTime Series uses decision flow charts.
• The PMBR Finals Law School Exams Series uses tree diagrams.
• BarCharts is a laminated chart series that uses color and columns of information.
• The newest version of Microsoft's software apparently includes a better program for making graphic organizers than earlier versions.  I do not have Office 2007 on my computer yet, but several students have mentioned the changes.

In addition, my students regularly use several methods to make their own graphics:

• A dry erase board can be used to create the graphic with colored markers.  Once the student is satisfied with the result, she can turn it into a hard copy.
• A large newspaper pad with black pages (like what is put on an easel in a workshop) can be used to create graphics.  Some students use masking tape to put the results on their apartment walls so that the graphics are in constant view.
• Different color post-it notes representing different concepts or levels in a hierarchy can be taped to the same type of newspaper pad blank sheets.  The ideas can be connected by drawing lines with highlighters.

For our visual learners, a picture is worth a thousand words.  However, some of them hesitate to maximize on this capacity because others have told them verbal ways to learn in law school.  When I encourage them to use their visual preference more frequently, they often report major breakthroughs in learning, retaining, and recalling information.  (Amy Jarmon)

More Lessons from Ballroom Dancing

A few months ago, I shared my insights on how learning ballroom dancing is similar to learning law.  After writing that post, I decided to work towards the my long-term dream of competing in ballroom dancing.

I had seven weeks to prepare for my first competition.  In that time, I had to learn three new dances (rhumba, foxtrot, and swing) and perfect those and two other dances (waltz and cha cha).  Here are some of the lessons that I learned and how they relate to our law students.

• Learning something new can be scary.  There were days when I wondered what I had gotten myself into with my dream.  I was frequently reminded of how I felt as a 1L trying to sort out mysterious courses about which I knew nothing and questioning whether law school had been a good idea. 
• Learning something new can be frustrating.  I wanted to learn steps more quickly than was humanly possible.  When I got frustrated at my "slow" learning, I had to remind myself that I tell my law students to be patient and take one day at a time.  I tell them that any new skill takes time. 
• Learning something new can be embarrassing.  I stepped on my instructor's feet.  I looked like a klutz in front of a World Champion dance coach.  I had regular mental blocks in mid-dance.  Through it all, I had to know how to laugh at myself and realize that it was not the end of the world.  I sympathized with our students who are sure that the professor and everyone in class will remember their abysmal class performance for years to come.
• Learning something new is easier if the instructor understands how I learn.  My dance instructor tries very hard to explain things to me in ways that I can understand.  He combines approaches to match how I learn: talking through steps, listening to my questions, verbal analogies, diagrams, and application as needed.  ASP professionals earnestly try to be cognizant of learning styles.  When our faculty colleagues do the same, more students can have the lightbulbs turn on in their brains.    
• Learning by tying new information to old information really works.  New steps came more quickly when I could relate the rhumba to similar steps in cha cha, foxtrot to similar moves in waltz, and swing to English jive.  Our students also need to make associations of new learning to old learning or experiences for greater comprehension.  When they try to learn in isolation, they fail to see connections that help them build on learning. 
• Learning the basics of something is not the same as perfecting that learning.  I realized that I can pick up the patterns and steps fairly quickly.  However, the styling and technique (that make the dances beautiful to watch) take much longer for me.  Our students often pick up the gist of a course pretty quickly.  Unfortunately, some of them do not realize how necessary precise rule statements, deeper understanding for perceptive analysis, and the fine points of fact patterns affect them.
• Learning can be both exciting and drudgery.  The feelings of accomplishment and improvement over the weeks were inspiring.  I could see how far I had come.  However, doing the same three steps in a pattern hundreds of times to get my foot position or arm position correct was drudgery.  Necessary, but not fun.  Many of our students love the law.  Many of our students do not love law school because of the drudgery that can accompany learning.
• Learning requires practice for many hours.  I could not just read about the dances, watch videos of ballroom dancing, or have my instructor tell me about the steps.  I had to practice diligently.  I went to hours of lessons.  I practiced steps at home while I balanced a book on my head so that my posture and frame were correct.  I did various exercises to train my muscle memory.  I condensed pages of notes on things to correct for each dance into the essentials to continue to work on right before the competition.  Too many of our law students spend hours reading, listening in class, and memorizing but never practice before they walk into the final exams.  No wonder their hard work has insufficient payoff.
• No matter how well we do, there is still more hard work ahead of us to get better.  I was delighted to win the third place trophy for the overall competition first time out.  However, I now know what to work on before the next competition.  I have not perfected any of the dances.  And, for years to come, I can improve.  Our students need to realize that they need to perfect their study habits over time.  No matter the initial success there is room for improvement.  Newcomer level versus gold level is something that requires on-going dedication.
• After all of the hours of hard work, life happens.  I was petrified for the first five heats in the smooth competition in the morning and again for the rhythm competition in the afternoon.  During the other 50 heats, I was fine.  I made mistakes that I had not made for weeks.  I suddenly did a cha cha step during the rhumba.  Hearing my students talk about their test anxiety during finals seems all too familiar now.  When they tell me they blanked or that they could only remember contracts in their torts exam, I have greater empathy.   
• Ideally, learning never ends.  No matter how competent we may be in some areas of our lives, we shall meet challenges during which we are incompetent at the beginning.  However, competence grows as we open ourselves to learning new things.  We need to make sure that our law students remain open to learning new things and having the courage to be novices.  We need to cheer them on for their successes even when they are focusing on their failures.

Ballroom dancing has been good for me as a learner.  Now I can use my recent experiences to help my law students learn.  (Amy Jarmon)      

Keeping Kinesthetic-Tactile Students on Target

Many of my strong kinesthetic-tactile learners struggle initially in law school.  Among other things, they have never had to read this much dense material; they have never had to study this much; they have never had to sit as much; and they have never had to use such structured time management to succeed. 

In discussing study problems with hundreds of students with a strong KT preference, I have learned a number of nuances about these learners' needs.  Many of my "KT's" have deepened my understanding of this type through their descriptions of what has (or has not) worked for them.

What does it mean to be a KT?  Well, to put it simply "kinesthetic" means movement/activity.  And, "tactile" means touch/application.  These learners can usually take advantage of the preference if they include movement and active learning and "hands-on" application in their studies.  Although each KT learner is unique because of other overlapping learning styles, strong KT's do seem to share some characteristics. 

Why do so many KT's not take advantage of their preference already?  I find that these are the children, teens, and young adults who have been told all their lives by parents and teachers to sit down, sit still, stop fidgeting, get back to work, and be more like "good little boys and girls."  They have also been told by those same parents and teachers to stop getting dirty, making messes, getting into everything, touching everything, and taking everything apart to see how it works. 

Many KT's are self-conscious about what they have always felt were bad characteristics or habits rather than their natural learning attributes.  In a sense, they often need to re-discover their best ways of learning after years of suspecting they were educational misfits.  I find that this is especially true for non-traditional students who came through the educational system prior to increased understanding about learning styles.   

What can KT's do to add "movement" and activity to their studying in constructive ways?  Here are some suggestions:

1. Pace around the room when learning a speech or presentation; when studying flash cards; when reading a case section that has the KT stumped; when learning an outline.
2. When studying alone, talk with one's hands while learning a speech or presentation or when trying to explain a case, sub-topic, or topic to an empty chair, spouse, or family pet.  (Cats condescend to listen as long as you use a voice that suggests you are showering them with compliments.  Dogs will listen very attentively and actually look at you as though you are brilliant.)
3. Move one's body during study: play with a rubber band, paper clip, or pen; tap a foot; shift around in the chair; twirl a strand of hair; move one's head in time to music; crack one's knuckles (yes, some of my KT's really do self-report that they do so).
4. Take more frequent small breaks when focus is lost.  Five or ten minutes will usally help as long as the KT gets up and moves -- a walk to the water fountain; a trip to the student snack bar; a lap around the law school.  (But, make sure the break does not extend to hours.)
5. Study with "white noise" to mask distracting external noises: turn on a fan; play instrumental music; turn the TV on at "mumble" or mute level; go to a coffee house or restaurant and sit out of the high traffic zones.
6. Study in areas where one does not feel confined in spatial terms: a larger library table rather than a tiny carrel; the door open to the carrel; seating areas in the library that have larger chairs or couches.
7. Study with repetitive movements or gentle recreational movements: review an outline while on the tread mill; recite rules while folding the laundry; study flashcards while on the stationary bike.  If the KT is also an aural lerner: listen to an audio tape while walking around the neighborhood; listen to an audio tape while washing and waxing the car or cooking dinner; discuss a topic with a study buddy while walking across campus.  (Some KT's have observed that you need to be a coordinated KT to do some of these techniques.)
8. Stay active as a learner in order to maximize focus, understanding, and memory.  Ask questions while reading.  Talk with others about the material.  Participate in class discussions.
9. Use study group/buddy time wisely: take short breaks to retain focus; avoid marathon study sessions; ask to read the questions or lead the discussion when one's focus is wandering; avoid holding group sessions in cramped or austere settings.
10. KT's often focus better through typing notes because the rhythmic movement in typing is beneficial.   Many strong KT's comment that they lose focus when they handwrite their notes.

What can KT's do to add touch and "hands-on" application to their studying in constructive ways?  Here are some suggestions:

1. Add touch to movement while studying: stroke the family pet; handle a smooth stone; sqeeze a stress ball; run a hand over the fabric on the couch.
2. Do as many practice questions as possible.  It is the application that cements learning for KT's.
3. Make up "spin-off" hypotheticals from the facts of a case after reading so that it becomes obvious how one applys the rule/reasoning/policy to new situations.
4. If also a visual learner: use a dry erase board to outline the answers to practice questions; to construct graphics; to outline a legal memo; to solve a problem set. 
5. Enroll in courses that focus on the application of legal concepts: clinics; negotiation; mediation; trial advocacy; client interviewing; externships; internships.
6. Enroll in doctrinal classes where professors use "hands-on" teaching techniques as well as more traditional methods: small groups to work on fact patterns; class members arguing for plaintiff or defendant; role plays as judges; arguing a motion before the professor judge; etc.
7. Participate in law school activities that allow you to "do something" with the law: team competitions in advocacy, negotiation, or client interviewing; income tax assistance programs; other pro bono work; tutoring; researching for professors on real legal problems (rather than theoretical projects).
8. Gain summer or semester legal experience so that classroom concepts become "real" through dealing with clients and their cases in practical ways.

Finally, what should KT's avoid or curtail in studying?  What should KT's add to increase study success?  KT's can be distracted more easily than other types.  Here are some areas to consider:

1. Avoid sitting near the back of the classroom because one is farther away from the professor and as a "fringe participant" can become bored and lose focus.  (KT's naturally pick the back rows of the room because they feel less confined.)
2. Avoid sitting in areas of the room where there are distractions that will make focusing on class harder: windows for gazing outside; doors and hallways for listening to hallway noise and conversations; classmates who are chatter-boxes during class; students who work crossword puzzles or play solitaire on their computers;.
3. Study at home only if one is not distracted by the TV, computer games, house chores, nap time, or other home comforts. 
4. Study in a place that allows one to spread out study items while not being distracted by friends or lots of activity. 
5. Disable the Internet capability on your computer if you are prone to instant message, surf the web, read e-mails, or shop on-line when you should be studying.  (For this reason, some KT's tell me they only study at the local coffee shops that do not have free Internet access.)
6. Gain more awareness of becoming bored or losing focus.  Consider realistic amounts of time for reading and other study tasks when structuring a time management schedule.
7. Include exercise in a weekly schedule for at least three times a week for 30 minutes.  By expending pent-up energy, KT's can focus better when they sit down to study.

With awareness and practice, KT's can implement additional ways to use the KT preference in conjunction with their other absorption and processing styles of learning.  (alj)       

See the Forest, Grasshopper

In a posting a few days ago, I discussed briefly the problem many students have seeing the forest for the trees.  In talking with one of my students about that problem – one he had observed in himself and had overcome – I asked what he does to step back from the individual trees in the casebook and see the larger forest.

He told me that he takes each section of his outline and writes a prose explanation of the entire section, as if he were explaining it to someone else.  He says, in effect, "Here's how defamation works."  He then explains the basic concept:  its rules, exceptions, defenses, competing minority and majority views, its underlying logic and its roots in public policy, etc. 

He said that studying a linear outline does not pull those relationships together for him.  Until he converts his outline into a coherent prose explanation, it is simply a list of concepts, not something he understands deeply and can manipulate to analyze a new set of facts.

Each prose explanation, on the other hand, becomes what he calls "the filter I pour the facts through."  It his guide for sifting the facts to see where the questions lie and how the law might answer them.  He does not use it, by the way, as a prewritten exam answer, a mechanical regurgitation of concepts into which he can sprinkle facts; he truly uses it as an analytical tool for attacking fact patterns and resolving the questions they raise.

What he has discovered is the power of learning by explaining. By forcing himself to explain the law to himself in writing, he necessarily comes to understand it more deeply and completely. 

We who teach understand the dynamic he has discovered because we see it in our own work every day.  Every teacher admits that she came to truly understand her subject when she had to make it clear to her students.  My student simply applies that lesson to his own learning and makes himself teacher and student in the same moment. (dbw)

ADD, ADHD, and the Law School Experience

A reader suggested to me today that this blog devote some discussion to the difficulties faced by law students with ADHD.  I think the suggestion is a good one.  Let me begin, at least, with a recommended article.  Professor Robin A. Boyle recently published "Law Students with Attention Deficit Disorder:  How to Reach Them, How to Teach Them," 39 J. Marshall L. R. 349 (2006).

Among other things, the article gives a helpful overview of empirical research concerning ADD and ADHD, as well as the implications of that research for law school pedagogy.  Included in those implications are twenty-five insightful, practical suggestions for more effectively addressing the needs of law students with ADD and ADHD. (dbw)

Confessions of a Former High School Debater

In my first year of law school (on the first day), I met the man I ultimately married. We were already dating by the time we had to do oral arguments for our legal writing class and our TA’s thought it would be good ‘ole nifty fun to make us argue against each other. We both agree that I won (did I mention that he is a very smart man?).

Our first year students will be doing their oral arguments for their legal research and writing classes over the next weeks. Now, for me, oral arguments were always the fun part of the class, but then again I was a (geek alert!!) high school debater (and on the math team, too!) and I thought oral arguments were just peachy. Sadly, most of our students are not as excited by the prospect of this activity as I was.

I have seen a number of panic-stricken, yet well dressed, students this week who have come to me for advice and to answer the age old question, “why do we need to do this?” My answer is always this, “because I said so.”  Oops, actually, that would be my answer for my kids, for students I say, “Because the ultimate weapon in a lawyer’s arsenal is the courtroom and being comfortable there means you have the edge over your adversary.”

It is that simple. “I’ll see you in court,” is often considered a threat (at least on TV and in movies) but if you cannot make good on that threat, you will not be the most effective lawyer you can—and you have an ethical obligation to be a zealous advocate for your clients, not someone who makes empty threats. Oral arguments are the first step in finding a comfort level in court.

Granted, there are attorneys who don’t see the inside of a courtroom after their bar swearing-in ceremony. I know a lot of lawyers who would rather never go to the courthouse and not just because parking is a nightmare (which it is). But I really believe that being able to navigate a courtroom is an essential skill for lawyering. In fact, I often recommend that my probationary students take a trial practice class or a clinic to get some courtroom (or courtroom-like) experience. 

I have found that students who lack confidence in their exam-taking abilities really thrive in a more practical lawyering-skills kind of class. I think some of these students are more hands-on learners who need to see the way the rules of evidence operate in court rather than manipulate them on paper only. Not only that, but a practical kind of class (especially a clinic) can help a student rediscover their initial reasons for wanting to come to law school. It can be an epiphany to remember why you wanted to be a lawyer in the first place. I have found (anecdotally) that this will improve a student’s grades across the board and not just in that class or clinic.

As for my nervous first year students, I tell them my old courtroom stories of embarrassing situations I lived through. My favorite: the judge who figured out that I did not know to stand up whenever addressing the court, so he signaled me to stand when I did. Well, since I did not know why I was standing, I didn’t know when to sit down either, so he gave me another signal to sit. That judge had me randomly jumping up and down for an entire proceeding using hand signals. In the end, I caught on that he was having fun at my expense and we all had a good laugh. Which taught me the most valuable lesson about oral arguments, “Never, never, never, take yourself too seriously.” Thanks, Judge Lauria! (ezs)

We Don't Have Arts and Crafts...

It is time for my students in academic distress to register for spring classes.  Because I am often asked for advice on these matters, I am often conflicted.  Should I advise students to take classes that will be sure things or to take something new and interesting to rejuvenate their passion for law school?  Should I discuss exam styles with these students:  "Well, he's great, but his entire exam is multiple choice," or "I hear people have needed IV fluid during the exam, but the subject is on the bar..." -- or even worse -- "Oh definitely take it with that professor, there's no exam, just a book report; no really, I'm not kidding on that"? 

Do I point students in academic distress toward the easiest path; the one that might be better for their GPAs, or the one that might be more challenging but would recapture their interest in law?

After being in Academic Support for about three and a half years now, I do have some "insider" information on the professors, exams and classes; but I still try to get students to challenge themselves.  I have even administered the MBTI (Myers-Briggs Type Indicator – I had to take a class to qualify to do it, so don't try this at home!) to provide some insight into students' learning styles and what classes and/or professors might be a more "natural fit" for various students' personalities.   

I know that sometimes a slam-dunk kind of class can restore badly damaged self-esteem.  In addition, classes that are "skills-based" can remind students about the end goal of law school:  lawyering.  Some students find these classes (like trial practice and negotiation) the antidote to a bad spell of more doctrinal classes.  I also think that everyone should take a clinical class or do an internship; perhaps this stems from my co-op experiences in law school. 

Eventually, all my advice boils down to this:  take a variety of classes. Think of your course selection somewhat like using the food pyramid.  Look at what you need to take and what you want to take.  Mix statutory (or code) and case law classes because these are two different types of analysis you'll need for the bar.  And ALWAYS take one fun class – the class where doing the work is not a chore. 

And finally, it is often worth it to take the 8:00 a.m. class, especially if it is graded on a curve.  Why?  Because if you are the only one who shows up, you'll do better on the exam than anyone else.  (ezs)

Learning and the Internet: A New Study of Teen Blogging May Have Lessons for Academic Support Professionals

The Associate Director of our law library at UMKC, Lawrence MacLachlan, just passed along a link to a study by the PEW Internet & American Life Project that may be of interest to academic support professionals.  The study, "Teen Content Creators and Consumers," describes teenagers' use of Internet blogs, both as readers and creators.  The subjects of the study are in an age group that will be arriving in law schools within the next five years or so, and it might be worth our time to consider how the use of blogs may drive students' collaborative learning and even professors' teaching of law courses. 

It is a fairly short read and well worth the time to see what is happening among our future students and very probably among many of our current students. (DBW)

Learning Style Survey Self-Assessments

From Joe Landsberger's site ...

As Academic Support people, we are interested in learning styles.  Earlier this year, some learning style surveys/questionnaires appeared on this blog ... here is another group, distilled from Professor Landsberger's site (which was featured in my earlier August 25 posting, below).

• DVC Learning Style Survey for College
  ... includes four categories of styles (visual/verbal; visual nonverbal; tactile/kinesthetic; auditory/verbal), and a self-assessment web-based tool. Results/scores are based upon 32 questions. (Previously featured on this blog ... from Diablo Valley College in California.)

• Index of Learning Styles Questionnaire (Felder/Silverman)
  ... includes introduction, learning preferences on four dimensions (active/reflective, sensing/intuitive, visual/verbal, and sequential/global); and a self-assessment instrument self-scored. Results/scores are based upon 44 questions.

• The SuccessTypes Learning Style Type Indicator (Pelley)
  ... this type indicator is based on the Myers Briggs Type Indicators (Extraversion, Introversion, Sensing, Intuition, Thinking, Feeling, Judging, Perceiving). Results/scores are based upon 28 questions.

• Learning Disabilities Resource Community
  ... this is a self-assessment instrument based upon Howard Gardner's work on multiple intelligences (linguistic, mathematic, visual/spatial, body/kinesthetic, naturalistic, music, interpersonal, intra-personal). Results/scores are based upon 80 questions.  (djt)

Oldy but Goody

Pragmatic Reform of Legal Education: Three Essays

If you know Ruth Ann McKinney, and her work, you know what I mean when I say that when I read this sentence, I knew the author who wrote it was on the right track: "Professor McKinney's approach is as close to perfect as I've found and is well worth copying." (The same author includes material from, and praise for, Professors Cathaleen Roach, Kris Knaplund, and Paula Lustbader.)

The sentence was not written subsequent to publication of Ruth's recent book Reading Like a Lawyer.  No, this was written after publication of Ruth's brief article, "Using Small Groups to Solve Big Problems," in the Winter 1994 edition of "The Learning Curve" (back in the Days when Kris Knaplund was the Learning Curve Editor).

Who wrote these essays?  Stephen R. Marsh, who describes himself as a "dedicated teacher with multiple publications, significant practice experience and diverse research interests."  (Read his CV)

The first essay, "Why A Solution Is Necessary," provides an historical context, explaining what (in the author's opinion) is wrong with legal education, and why.

"Reaching Solutions" addresses the teaching of substantive law, legal writing skills, and legal skills.

"Applications" provides the nuts and bolts of how to implement the solutions proposed in the prior essay, including what can be done and what should be done.

The appendix to this collection contains the perspectives of other authors and commentators.

Provocative?  Oh, I don't know.  See what YOU think.  Example: "...one group is even worse than doctors. That group is law professors. Just like the doctors, the profs know, or should know, that the methods they use to teach actually make it harder to learn the material. That is, law professors provide a net negative input into the learning process. Is it any wonder that some professors have developed an incredible level of arrogance, have displaced themselves, and treat the students and support faculty like dirt, isolating themselves from all others?"

Agree?  Disagree?  Correspond with attorney Marsh by email to discover his many other writings.

(If you are unfamiliar with "The Learning Curve," visit the April 14th blog entry featuring the Curve and its current editor, Natt Gantt.)  (djt)

A Hip Way to Hit the Road

Even though I live in country in Vermont, where cell phone reception is so random that my monthly phone bill can often feel more like a donation rather than compensation for service, I still have a thing for gadgets and advances in technology. 

Yet, I'm not into gadgets just for the sake of the gadget.  My interest is always with an eye toward how to use the latest technology to help me to do my job faster, more efficiently and more in sync with my personal learning style.

And, hey, it is cool that I can have my calendar, phone book, family pictures and any documents that I am writing in a tiny gadget that fits in my pocket.  (A cumbersome paper calendar? Haven't kept one since 2001). 

My latest purchase?  An IPod.  Yes, my husband rolled his eyes when I purchased the pink leather cover and the hip arm band to use the IPod while exercising, but there's more than just the neat accessories that attracts me to the IPod.  I'm becoming aware of the tremendous opportunity to use the technology to help law students to learn better and to help me to work smarter.

For example, it can function as an external hard drive, with incredible memory capability.  For the ADHD student who needs music in order to focus, the player is pocket size and can hold an audio library.  It can slip into a pocket and be brought anywhere.  (My IPod has 476 songs and an audio book that I purchased and downloaded and still has 1.4 gigabytes free of the 4.0 GB capacity).

The capacity to use the IPod to become a more efficient attorney is available.  For instance, one can record onto the IPOD with additional accessories.  Interested in reading more, you might want to read this article about the use of an IPod in law practice.  (els)

Multiple Intelligences & Legal Education

Kirsten A. Dauphinais, Director of Legal Writing and Assistant Professor of Law, University of North Dakota School of Law, has produced a detailed and insightful article (11 WLLREALJ 1) about legal education in light of Howard Gardner's theory of Multiple Intelligences.

Writing in the most recent issue (Winter, 2005) of Washington and Lee's Race and Ethnic Ancestry Law Journal, Professor Dauphinais explains the Multiple Intelligences theory and endorses the proposition that taking a new, more expansive approach to recognizing and evaluating student capabilities could help legal educators provide a better education for aspiring lawyers.

Professor Dauphinais posits, "...just as we tend to admit law students who were just like we were, so too do we evaluate them in the way we were evaluated. ... Perhaps we should not hold ourselves out as the exclusive paradigm for 'how to think like a lawyer.' Law professors are but a narrow, and one might argue, not very representative, segment of the overall lawyering population."

Consider this bold assertion: "There should be movement away from legal education as a spectator sport, where students are relegated to the role of onlooker, while the instructor performs before the class. Under such a model, the more students are actively engaged in the learning process, the better they retain the knowledge." 

Just a thought: after reading this article, consider passing it along to your teaching colleagues.  (djt)