Tuesday, March 17, 2015
Monday, March 9, 2015
USC Professor Ned Snow has released two Property Law apps you might find helpful for your students:
The first app is called Property Law Made Simple. It provides the black-letter rules of Property, with examples and explanations to illustrate each concept. The app also provides 50 MBE-style practice problems, with detailed explanations for each problem. Perfect for learning, reviewing, or mastering 1L Property. Covers most topics (except future interests). It's available on iTunes and Google Play for$0.99.
The second app is called Future Interests Made Simple. It teaches Estates, Future Interests, and the Rule Against Perpetuities. Many examples and explanations illustrate each estate and interest. This app provides 60 practice problems with detailed explanations. It's available on iTunes and Google Play for $2.99.
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 firstname.lastname@example.org.
Since this is not a formal conference there is no fee to attend. We hope to see many of you soon!
Searchin' in the sun for another overload
I hear you singin' in the wire, I can hear you through the whine
And the Wichita Lineman is still on the line
And if it snows that stretch down south won't ever stand the strain
And I need you more than want you, and I want you for all time
And the Wichita Lineman is still on the line
And the Wichita Lineman is still on the line" -- Wichita Lineman, written by Jimmy Webb
Monday, February 23, 2015
The Legal Skills Prof Blog recently posted this reference to a short piece on acronyms. I agree that acronyms and other abbreviations can cause confusion, ruin the flow of an essay, and cause the reader frustration. The article suggests a few useful guidelines on when to use them and when to avoid them. I have even had one bar examiner tell me to instruct students that their bar exam essays should not read like a text message. In an acronym, twitter/text, abbreviation heavy culture, this is a good reminder. Thus, I advise my students that when they are in doubt, they should write it out.
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.
Monday, February 9, 2015
Monday, February 2, 2015
Monday, January 26, 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
Tuesday, January 6, 2015
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.
Tuesday, December 23, 2014
The semester is over and you've spent the last week either sleeping or catching up on everything you put off during exams. You've still got a few weeks until next semester starts so it is time to find a balance between rest and relaxation, and reenergizing so you can start the new year off right.
The first goal is to stay healthy:
- Drink plenty of water: we often eat when what our body really needs is hydration. Drink a glass of water the next time you feel sluggish or have the munchies. Odds are this will do the trick.
- Get moving: in addition to physical benefits, regular exercise gives you more energy, improves your mood and lowers stress.
Next, do something each day:
- Plan your day: even if you are on vacation, identify two or three things to accomplish each day. This prevents the stress of scrambling at the last minute.
- Use your brain: you don’t have to read legal tomes or memorize statutes but you should learn something new every day. Increasing your knowledge keeps you inspired and motivated.
- Reflect daily: end each day with a few minutes of reflection of what you’ve accomplished (not what you haven’t done).
Last, focus on what makes you happy:
- Express gratitude: identifying things you are grateful for promotes happiness and increases self-worth.
- Clean your desk/room: doing this might not make you happy but the end result will. A clean space allows you to focus on your work instead of the clutter.
- Indulge yourself: set aside time to indulge yourself (just a little) so that you don’t resent having to work or study.
Too much of any one thing is never good so use these next few weeks to find a balance. It will be both enjoyable and productive and you’ll have a good foundation for next semester.
Friday, December 19, 2014
Law students breathe a sigh of relief once all of their exams are over and the last papers turned in. It is such a good feeling to have the semester over! No more studying for the time being!
Alas, the relief is short-lived for some students. They begin almost immediately to worry about the final grades for their courses. For some students, the worry is caused by being too close to the GPA needed to meet academic standards. For other students, the worry is caused by wanting a certain GPA for qualifying for a certain law firm's job application cut-off or retaining scholarship aid or achieving some other standard for a law-school honor.
Whatever the reason for the worry, it can cause sleepless nights and self-doubt until the grades are finally posted. It is the lack of control over the grades that makes students anxious. Not only do they need to do their personal best, but they need to achieve a high enough score to "beat the curve" for the class.
The recommended percentages for each grade bracket of most law schools' curves mean that the overall class performance determines the grades given. Students know that if everyone in the class knew the material and performed well on the exam then just 2 or 3 points can be the difference between a higher or lower letter grade. They realize that some folks will get low grades no matter how large the break between the lowest C and the next grouping. No wonder students sign up for seminars that often do not have to conform to the recommended curve.
It is important to put grades into perspective while waiting for the outcomes:
- You cannot change anything about the exam that is already completed or the paper that is already turned in. Stewing about the misread fact pattern, the forgotten rule, the missed issue, the skimpy case analysis, and more will not change anything. We are not perfect, so it is inevitable in law exams and assignments that perfection will not be reached. All of us remember "the ones that got away" in our law school experiences.
- A final exam grade reflects one's performance on one set of questions on one day at one time. Any student who was sick, tired, stressed, or unfocused during the exam can know that the grade reflects those less than optimal circumstances and not just knowledge/application.
- Over the full spectrum of a law degree, students benefit from the curve as often as they get hurt by the curve. It evens out over time. The break in the curve gives you a higher grade on one exam but may catch you with a lower grade on another.
- A low grade does not mean you are less intelligent, less worthy, or less talented than the day you walked across the threshold of your law school for the first time your 1L year. It merely means that you need to implement some new strategies and forge ahead. Do not allow grades to undermine your self-worth.
- Grades indicate opportunities for improvement rather than just measures of performance. There are lots of ways to improve on test-taking whether the exams are true-false, multiple choice, short answer, fact-pattern essay, or some other variation. ASP professionals can assist students in evaluating their problem areas and work on strategies with them.
After the initial angst of grades that are less than you hoped for, pull yourself together. You can do this with assistance. Review your exams or papers with your faculty members to get feedback on what you did well and what you need to improve. Then make an appointment with your academic success professional to implement a plan for that improvement. (Amy Jarmon)
Wednesday, December 17, 2014
Yesterday, my wife and I were having lunch in a restaurant when someone suddenly shouted, "Alex Ruskell!" The shout wasn't directed at me or anyone else. I noticed a group of law students sitting a few tables away, and I assumed they were the source.
I had no idea what the shout meant. My wife thought the shout's tone sounded a lot like Adventure Time's James Baxter, the horse who repeatedly says his name while balancing on a beachball to make people happy. In case you haven't seen it:
I'd like to think my students think of me as a horse who repeatedly says his name while balancing on a beachball to make people happy, but I started worrying that maybe it was somthing negative.
My wife and I spent the majority of the rest of lunch trying to decide what the shout meant. Was it good? (my wife). Was it bad? (me). Was it what ladies say when they envision the perfect man? (my wife). Were they saying I owed them money? (me). Were they just being weird and wanted to see if I would hear them, because people get totally weird in law school? (my wife). Were they planning who they would eat first if they were stranded on a deserted island? (me). Was it what students say when they need help? (my wife). Was it a reference to the fact I didn't introduce myself at my last student presentation until I'd already finished it? (me). Clearly, I could've walked over and asked them, but that probably would have been pretty creepy.
The whole experience got me thinking about student evaluations. I do student evaluations for my tutors, and although they are 99 percent fantastic, there is always some crank with an axe to grind. This year, one of my female tutors was called a couple names in an evaluation, apparently from a student who was mad she wouldn't give him handouts without his attendance in tutoring (which I tell my tutors to do). She wasn't upset exactly, but she was worried it had lowered my opinion of her tutoring.
In my experience, people spend a lot more time worrying about a negative (or seemingly negative) evaluation than they do feeling good about the good evaluations. But how much value does a negative evaluation really have, and how much weight should be put into them? Is a "negative" evaluation always negative? For example, a student called one of my colleagues "feisty" once -- was that an actual bad evaluation, some kind of weird praise, or was it just sexist (we spent some time together trying to figure out that one)? Are the negative evaluations somehow more "true," while the positive evaluations are merely students being nice? Are negative evaluations ever about the teaching? For women, are "negative" evaluations more likely (as recent studies suggest they are)? For schools that advertise themselves as "student-centered," is this really the best way to decide what the students actually need? Are evaluations basically a popularity contest?
When someone asks me who my favorite teacher of all time was, I always say one of my junior high teachers -- mainly because he taught us how to do "The Bird" for the Valentine's Dance and referred to me as his "number one jellyhead." I can't really say whether I learned anything, but I do remember how often he threw me out of class, his sartorial choices, and his claims that certain STDs could be cured with hefty wallops from a rubber hammer. That kind of stuff is what made him my favorite. It also led my wife to believe I had made the guy up until she met someone else that had gone to my junior high.
I am sure I didn't like or praise many worthy teachers because they didn't know who Morris Day and the Time were or demonstrated how things would go with the rubber hammer if I wasn't careful.
I am also sure that my tutor did a great job and that whatever mental real estate she had ceded over to that one poor evaluation was wasted.
But, unfortunately, that seems to be how the mind works, whether justified or not.
Friday, December 5, 2014
I recently attended a lecture by Dr. Walter Mischel, who is known for administering “The Marshmallow Test” to young children as a researcher at Stanford. As many of you are aware, the test consisted of children sitting in a room with a single marshmallow (or another sweet treat) while being asked to delay eating it. If they delayed their gratification, the child would get a greater reward at a later time (typically two marshmallows). The experiment produced interesting and, at times, comical responses from the children being observed. You can check out some Marshmallow Test videos on YouTube to watch the eye rolling, seat squirming, and general agitation exhibited by the children.
While the underlying experiments were amusing to watch, the conclusions drawn from the initial experiments and the long term studies were quite insightful. Essentially, by understanding our impulses and how we can retrain ourselves in order to have greater willpower, we can make better choices and be more productive. Many of us believe that human nature rules whether the child would take the marshmallow instead of waiting (or whether the student would study for another 2 hours before watching an episode of their favorite show or checking their Facebook page). While some are more inclined to eat the marshmallow right away, many are able to resist for a limited amount of time.
As Dr. Mischel pointed out, we can all learn how to control our impulses (kids with marshmallows or adults with other enticements). For example, if you know that when you go to holiday parties, you rush the dessert table and do not leave that table until you have sampled two of each type of dessert, you can put a plan in place in order to limit your dessert intake. If you have no plan in place or if you arrive to the party hungry, you are more likely to fall into the dessert vortex. If plan ahead, to first spend some time at the crudité and also allow yourself a bite from three different sweets over the course of the event, you are more likely to be successful in limiting your impulses. Alternatively, if you instead plan to abstain completely from eating dessert at the party, you will likely fail. Thus, deliberate and premeditated change in small increments helps create a new practice that is easier to successfully adopt and sustain.
How does this apply to law students? Law students often succumb to and/or are ambushed by procrastination. It is difficult to delay gratification no matter what age. I learned from the marshmallow studies and from Dr. Michel’s presentation that we can all learn how to control our impulses if we understand what drives our impulses and if we are committed to making one small change at a time. In my example above, an individual knows that they struggle with overindulging in dessert. The willpower is harder to maintain without a clear and doable strategy in place. However, recognizing the temptation, adopting a realistic alternative, and planning ahead create a method for success. If law students try to more fully understand their impulsive triggers, they are better positioned to generate a plan to resist or avoid them.
Thus, law students can follow this strategy to use their time more effectively and more efficiently. Here are a few ideas:
- They can begin by writing out typical time stealers and creating targeted goals to reduce them. (Examples: When I study in groups, I am easily drawn off topic. When I turn on the television, I end up watching it for longer than I expected. If I turn my phone on while I am studying, my social media becomes a huge distraction.)
- They can purchase or create calendars in order to plan and track their time. Hard copy calendars visualize their priorities much better than a computer version.
- They can turn off their electronic devices while they study for a continuous block of time. (Example: I will study Torts for 3 hours in the library and leave my computer and phone in my locker.)
- They can disable their Wi-Fi while in class or while reviewing notes on their computer.
- They can establish a reward system that motivates this continued behavior. (Example: If I complete my stated study goal, I will get a night off or an extra hour of sleep, or more time for a special activity.)
Once an effective time management plan is established and the inherent benefits are apparent, students are more apt to fully adopt these new strategies by continuing to buck their impulses. After all, two marshmallows later are better than one marshmallow now.
(Lisa Bove Young)
Wednesday, November 5, 2014
Address the Stress with Mindfulness
Lawyers have a higher rate of depression, anxiety, substance-abuse, and suicide than the rest of the population. The practice of law can be stressful but aren’t most jobs? Why are lawyers having so much trouble dealing with stress? Stress is a mental (and sometimes physical) reaction to a perceived threat or change. In law school, stress manifests early in the 1L year: our past perfection drives our desire to do well and it joins forces with the realization that everyone else is striving for the same level of success. It then crashes into the curved grade system which means that no matter how hard you work, your grade ultimately depends on how well others do. Regardless of the grade, the uncertainty and lack of control lingers throughout your law school career. Then you enter the practice of law and these feelings collide with the emotional intensity of dealing with clients’ problems day after day and working with other lawyers who are often adversarial. It’s a recipe for anxiety, depression, and substance-abuse.
The reality is, life itself is a constant flow of change so we will always have stress. However, stress is not so much the event itself but our perception and reaction to that event. There will always be deadlines and performance expectations. We can’t change that but we can change the way we perceive stress.
Oftentimes, we react to negative situations without thinking. Instead of intentionally focusing on the present moment, we immediately judge it as good/bad, right/wrong, fair/unfair. This habit is not necessarily a positive one because it is reacting without thinking. It leads to stress, anxiety, depression. Instead, we need to develop a new habit: mindfulness. Mindfulness is a powerful tool for addressing emotional challenges because it helps develop meta-cognition, focuses attention, and strengthens the ability to make deliberate choices. Mindfulness addresses the stress. It allows us to be in control of our own mind instead of our mind controlling us. In practicing mindfulness we learn to become aware of our thoughts, emotions, feelings, and behavior so we can interrupt stress cycles before they take over.
Janice Marturano, author of Finding the Space to Lead, and Executive Director of the Institute for Mindful Leadership recommends something called the Purposeful Pause. The Purposeful Pause is more than just stopping. It is about redirecting and focusing attention so you can make conscious choices. Try incorporating one of these Purposeful Pauses into your day:
- Choose to start your day rather than letting the day start you. Start the day by just breathing and before getting out of bed, take a few seconds to notice the sensations of your breathing.
- Use transitions wisely. Pick a day to drive to (or from) work/school without the radio or phone. When you arrive, allow yourself a few moments to sit in the car, noticing the breath.
- Just walk between meetings/classes. No emails, texts, or social media. Think about each step you take and the possibility of greeting colleagues you pass rather than bumping into them while you text!
Mindfulness is an opportunity to create new, healthy habits. Let’s make the intentional choice to be mindful and let’s change those statistics.
Thursday, October 30, 2014
Due to the nature of our work and the lightning fast pace of the academic year, we are so busy that we often forget the many things that we do and various roles that we play. When asked about our jobs, it is easy to answer with a title, “I am the Director of the Bar Studies Program,” or “I am an Academic Support Professor.” Or, to answer with an important aspect of our work, “I help students prepare for the bar exam” or “I provide tools for academic success to 1Ls.” But, these statements do not nearly cover the many hats that we wear at our law schools.
Instead, listing the qualities that are fundamental to our work is more apropos. We educate, we advocate, we counsel, and we empathize. Interestingly, these attributes are strikingly similar to those of a good lawyer. We, like lawyers, balance our time listening, thinking and analyzing, instructing, and communicating with and for our clients or students. In a series of blog posts, I will explore the various responsibilities, tasks, and missions we have as ASP Professionals with the hope that others will better understand the work that we do and the essential needs that we fill.
Some of us see our main goal in ASP to be that of an educator. Simply put, we love teaching. And, as educators, we are constantly honing our craft. We research new teaching methodologies and strategies. We implement new techniques in the classroom and monitor student progress and their learning needs. We reflect on our own work and the impact it has on our students. We seek out curricular changes that will benefit the student body as a whole. We provide formative assessments so students can become self-regulated learners and remedy their weak areas. And, above all, we tirelessly work to help students achieve academic and bar success.
We educate our students in many ways with the work that we do. In ASP, we teach 1Ls the basics of reading and briefing cases, outlining and exam preparation, and school/life balance. We help 2Ls fine tune their legal writing, strengthen their legal analysis skills, and help them establish their professional persona. And, we usher 3Ls into the world of law practice by teaching them the fundamentals necessary to pass the bar examination.
Webster defines an educator as: “one skilled in teaching” and “a student of the theory and practice of education.” Academic Support Professionals are truly skilled in teaching and are the epitome of life-long learners. It is in our roles as educators that we engage students and help them utilize their strengths and improve their weaknesses. We constantly learn from these interactions with students and from our application of learning theory in our work. In ASP, we wear our "educator hat" most often, but we are also always perpetually being schooled by our students.
Wednesday, October 29, 2014
Professor Russell L. Weaver at the University of Louisville Louis D. Brandeis School of Law is hoping to put together a panel of Academic Success folks to attend the SEALS conference and address the topic of disabilities and support in law school. If you are interested, please contact him at email@example.com.
Sunday, October 19, 2014