Monday, October 16, 2017
I first want to provide a special shout-out to Russell McClain, the University of Baltimore School of Law, and everyone involved with the planning and running of the Association of Academic Support Educators (AASE) Diversity Conference. The presentations and accompanying dialogue were informative and thought provoking. And, as always, the camaraderie among the law school academic support community and the community’s genuine interest in law student success were inspiring and helped serve as continued motivation to push us through the rest of the academic semester.
I also want to provide a separate shout-out to my colleague, Rachel Gurvich. I have mentioned Rachel’s name and Twitter handle (@RachelGurvich) on several occasions at law school conferences and on this blog. Rachel recently wrote an ASP-ish post on The #Practice Tuesday blog. The post, entitled, “It’s not so shiny anymore: 1Ls and the October slump”, provides seven tips on how 1Ls can push through the rest of the academic semester. I encourage you and your students to take a look at the post and follow Rachel on Twitter. She’s a great colleague and resource at Carolina and beyond—her Tweets have reached and supported law students throughout the country, including this one and this one.
Rachel and Sean Marotta (@smmarotta) started The #Practice Tuesday blog as an opportunity to expand their #Practice Tuesday discussions on Twitter. On Tuesday afternoons, Rachel and Sean lead great discussions on “advice and musings on legal practice and the profession.” Participants in the discussions include practitioners, judges, and law school faculty and students throughout the country. Feel free to join in on the conversations!
Again, thanks to Russell McClain and everyone involved with the AASE Diversity Conference! And, thanks, to my amazing colleague Rachel Gurvich! (OJ Salinas)
October 16, 2017 in Advice, Current Affairs, Diversity Issues, Encouragement & Inspiration, Exams - Studying, Learning Styles, Meetings, Miscellany, Stress & Anxiety, Study Tips - General, Teaching Tips, Weblogs | Permalink | Comments (0)
Friday, October 13, 2017
Dear ASP Colleagues,
I am pleased to report that the Awards Committee for the AALS Section on Academic Support is soliciting nominations for our annual section award winner. The AALS Section Award will be presented to an outstanding member of the ASP community at our section meeting at the January 2018 AALS Annual Meeting. Please review the eligibility and criteria information below and send nominations directly to me, Awards Committee Chair, at firstname.lastname@example.org.
The deadline to submit nominations is Friday, October 20 at 5:00 p.m. EST. Only AALS ASP Section members may make nominations, but all those within the ASP community may be nominated. Membership in the section is free and can be processed by e-mailing a membership request to email@example.com. For a nomination to be considered, it must include (at a minimum) a one to two paragraph explanation of why the nominee is deserving of the award. (If you have already submitted a nomination to me, you do not need to re-send it; I will simply include that nomination with any additional ones received.)
Eligibility and Criteria for Selection. The eligible nominees for the award are individuals who have made significant and/or long-term contributions to the development of the field of law student academic support. All legal educators, regardless of the nature or longevity of their appointment or position, who have at some point in their careers worked part-time or full-time in academic support are eligible for the award. The award will be granted to recognize those who have made such contributions through any combination of the following activities:
- service to the profession and to professional institutions—e.g., advocacy with the NCBE or assumption of leadership roles in the ASP community;
- support to and mentoring of ASP colleagues;
- support to and mentoring of students;
- promoting diversity in the profession and expanding access to the legal profession; and
- developing ideas or innovations—whether disseminated through academic writing, newsletters, conference presentations, or over the listserv.
Law schools, institutions, or organizations cannot receive an award. Prior year or current year Section officers are excluded from being selected as an award winner.
The Committee looks forward to receiving your nominations. Please let me know if you have any questions, and I hope the remainder of your semester goes well!.
Professor and Associate Dean for Academic Affairs
Co-Director, Center for Ethical Formation and Legal Education Reform
Regent University School of Law
- 757.352.4734; f. 757.352.4571
Monday, October 9, 2017
The counseling field has often highlighted the benefits of some personal disclosure from therapists to their clients. Some cited benefits include increased trust and rapport, as well validation of the clients’ experiences.
Join me this week at the Inaugural Diversity Conference for the Association of Academic Support Educators (AASE) in Baltimore, Maryland, for a moderated discussion on the benefits of academic support professionals sharing personal stories and struggles with their students.
Participants will be encouraged to share their experiences (i.e., their stories or struggles) relating to diversity and inclusion or their law school experience in general. These experiences may either be personal stories or struggles or stories related to students that the participants may have worked with in their capacity as academic support professionals. As presenters and participants share their stories, the “listening” participants will be modeling and reviewing some of the same active listening skills and nonverbal behaviors that academic support professionals should be engaging in when they work with students in either individual or group conferences.
Hope to see you in Maryland! (OJ Salinas)
October 9, 2017 in Advice, Disability Matters, Diversity Issues, Encouragement & Inspiration, Learning Styles, Meetings, Miscellany, News, Professionalism, Program Evaluation, Stress & Anxiety, Teaching Tips | Permalink | Comments (0)
Saturday, October 7, 2017
An article in The Chronicle of Higher Education looks at ways the academy will change with Generations X, Y, and Z as students, faculty, and administrators. We tend to consider these generations as learners and lawyers, but we may not fully appreciate how our law school environments will change when they become faculty and administrators later. The link is Generations Article .
Monday, October 2, 2017
I mentioned last week that students don’t have to wait until final exams at the end of the semester to find out whether they have a good understanding of what their doctrinal professors are teaching. Since most law school classes don’t have traditional periodic tests, I encouraged students to use their professors’ various “what ifs” and “how abouts” to test their understanding of key rules and concepts that the professors are covering in class.
Students: If you are able to answer the professors’ hypotheticals—whether out loud or in your head—you are positioning yourself well to answer the professors’ hypotheticals on their final exams.
A final exam is often just a mixture of a bunch of hypotheticals in one or two large stories. The hypotheticals test your recollection and understanding of key rules that you have covered throughout the semester. The hypotheticals also test your ability to identify and apply significant facts within the hypotheticals to your key rules. This application of law to facts is legal analysis. The better your legal analysis is on a final exam, the more likely you will get a better grade.
But, I know the Socratic class can often be an intimidating and difficult experience, particularly for many 1L students. I know it is not easy sitting in a Socratic class worrying about getting called on—I’ve been there, and I didn’t particularly like it. I disliked the Socratic class so much that I wanted to quit law school after my first year (That story is for another blog post; but you can read a little more about my law school experience here.)
I feared speaking up in the Socratic class because I didn’t want to be seen as incompetent. I worried too much about what my professors or my peers might have thought about me during that moment right after the professor called my name in class. I worried about getting the professor's question wrong. I worried about appearing nervous. I worried.
It took me a long while to adjust to the type of teaching in the Socratic class. It took me a long while to realize that it didn't matter if I was nervous or got a question wrong--what mattered was how I did on the final exams.
So, I wanted to do what I could to prepare for the final exams. I tried to do a lot of preparation outside of class. I read my cases. But, I also used study aids to help give me context for what I was reading. The study aids also provided me with a bunch of hypotheticals where I could practice my legal analysis.
I practiced my legal analysis within the confines of my safe apartment where I didn’t have to worry about others “judging” me if my voice cracked or was shaky or when I didn’t answer a question correctly. I trained myself on issue spotting and applying law to facts so that I could feel more confident not only in the Socratic class, but on the final exams as well. And things turned out okay for me. The guy who wanted to quit law school after his 1L year is now teaching in a law school.
It’s funny how things turn out. And things can turn out well for you, too. Try to engage with your professors’ hypotheticals. If you are not fully able to engage with the hypotheticals in class, look for ways to engage with hypotheticals outside of the potentially intimidating classroom. Like anything in life, the more you practice, the better you will get. And you have an entire semester to practice for your big day (and it won't matter on that big day whether your voiced ever cracked in class or whether you got a question wrong when the professor called on you). (OJ Salinas)
October 2, 2017 in Advice, Diversity Issues, Encouragement & Inspiration, Exams - Studying, Exams - Theory, Learning Styles, Miscellany, Stress & Anxiety, Study Tips - General | Permalink | Comments (0)
Monday, September 25, 2017
We are several weeks into the Fall semester. 1L students are starting to get a little better handle on what law school is all about. If they didn’t know this already, they are starting to realize that law school is much different than college.
There are no boldface words and glossaries in the law school casebooks. The Socratic class is not filled with a professor lecturing at passive students for the duration of class. And there are few, if any, written “chapter tests” during the semester so that students can assess their understanding of the material.
But, there are many opportunities throughout the semester where students can assess whether they are picking up what they should pick up in the course. These opportunities happen every day in class as a result of the often-dreaded Socratic method (and I dreaded it when I was a 1L--but, that story is for another blog post).
The professors’ many “what ifs” and “how abouts” give students opportunities to test their understanding of the relevant law; they are given chances to apply this law to many factual scenarios—which, in turn, help the students become better issue-spotters and legal analysts. And, as we all know in the ASP world, the more issues a student is able to spot and analyze on a law school final exam, the more likely that student will gain more points on the professor’s final exam rubric.
So, students: Try to engage with the professors’ hypotheticals in class—even when you have not been cold called in class to verbally answer the questions. Try to answer the questions to yourself in your own head. If you can’t come up with an answer to a hypothetical, write the question down on your notes and revisit that question after class or on the weekend when you review what you have covered in class for the week. You may not have come up with the answer in class. But, that doesn’t mean you can’t come up with the answer on the final exam--when it really counts!
One of the many differences from college and law school is that you don’t have several formal written tests throughout the semester; you often only have one exam at the end of the semester per course that often dictates your entire semester course grade. Try to prepare for that final exam every day in class when you engage with the professors’ hypotheticals, and practice the legal analysis skills that will help make you a better law school test-taker and, eventually, lawyer. (OJ Salinas)
September 25, 2017 in Advice, Encouragement & Inspiration, Exams - Studying, Exams - Theory, Learning Styles, Miscellany, Professionalism, Stress & Anxiety, Study Tips - General | Permalink | Comments (0)
Monday, September 18, 2017
I am having an Enrichment Group Leaders training meeting today at noon. So, I have enrichment groups on my mind (hence, the blog post!). Perhaps, many of you are also working with enrichment groups or are thinking about developing enrichment groups. I am sure many of us would love to chat and learn more about our various programs and how we can continue to best serve our students. We can continue the conversation via email or on Twitter (tweet me @ojsalinas, and use #lawschoolASP).
Like many law school academic success programs throughout the country, we provide an opportunity for our 1L students to get additional training and support from upper level students. One way that we provide this opportunity to our 1Ls is through participation in Enrichment Groups.
Every 1L student at Carolina Law is invited to participate in our Academic Excellence Program Enrichment Groups. These groups are run by upper level law students who have done well in school and have shown the ability to do well in mentoring and meeting with students. 1Ls are assigned to their groups based on their 1L professors, and the groups are “tied” to two of the 1L casebook classes—with one upper level student “Enrichment Group Leader” often taking the lead on one of the two casebook classes.
The groups typically meet once a week for about 50 minutes starting late September. The groups alternate discussing ASP topics related to one of their two casebook classes during the group meetings. These topics change as the 1Ls advance during the semester. So, the initial group meeting may simply focus on developing rapport within the group and identifying group member goals for choosing to participate in the group. The next groups may focus on taking notes and case reading for the particular casebook classes. Later group meetings may introduce outlining and the use of study aids to help review practice questions related to the casebook classes. And, finally, we try to end our semester with a practice exam for each of the two casebook classes.
We generally have strong positive feedback from our 1Ls on our Enrichment Groups. Students typically feel that the groups are great ways to provide additional support and guidance in their classes. They also like the idea that these study groups are voluntary and that the groups are already formed for them—the students don’t have to worry about not getting “chosen” or “asked” to join a particular study group.
As I mentioned, I am having a training session for our Enrichment Group Leaders this afternoon. One thing that we try to emphasize with our leaders and their group participants is that the leaders are not “tutors.” They are not there to teach the 1Ls the substantive law, and they certainly don’t replace their law school professors. While the leaders have done well in the casebook class that they are “leading” (and, many of them actually had the same professor for that particular casebook class during their 1L year), our Enrichment Group Leaders are there to help facilitate learning. They are there to provide further support for our students. They are there to “enrich” the students’ 1L academic experience. And we believe a more enriched 1L experience is a better 1L experience. (OJ Salinas)
September 18, 2017 in Advice, Diversity Issues, Encouragement & Inspiration, Exams - Studying, Learning Styles, Meetings, Miscellany, Program Evaluation, Reading, Stress & Anxiety, Study Tips - General, Teaching Tips | Permalink | Comments (0)
Monday, September 11, 2017
It’s been a potentially challenging time for many law students throughout the country. But, I am not necessarily talking about the challenges directly related to the study of law.
Yes. Case readings can be quite lengthy. There may be anxiety related to getting called on in class. And students may sometimes feel like there is not enough time in the day to complete everything that seems to be needed to be completed to succeed in law school. These are all potential challenges that our students may currently be experiencing. But, the last month or so may have seemingly added an entire new set of challenges to our students.
While many students have tried to remain engaged in their studies, events outside of the law school building may have continued to place additional burdens on them. Between Charlottesville, Hurricane Harvey, DACA, and Hurricane Irma, many of our students have had to face or worry about things that they would not have initially had on their radar going into the start of law school (no hurricane pun intended).
It’s difficult to stay motivated and engaged to read for class or write that LRW memo when you are worried about your safety and security or the safety and security of your families and friends. It’s hard to turn away from the news of devastation and despair when you are either living in that devastation and despair or know someone who is.
Law school is a challenging time for our students. And events outside of the law school building may have continued to place additional challenges on our students. It’s during these challenging times that it is especially important to have a friendly, supportive, and understanding ASP professional in the law school building. While we may not immediately have all or any of the answers related to some of these challenging events, we surely can welcome our students into our offices. We can sit down with them and actively listen to their stories. We can empathetically try to help them find some answers or refer them to those who may more appropriately serve them during these challenging and unfortunate times. (OJ Salinas)
Sunday, September 10, 2017
Yes, today is National Grandparents Day. I would not have known that fact except I am staring at my larger-than-life planner at work that proclaims the celebration below the date.
I grew up with only one living grandparent, my grandmother on my mother's side. That precious lady taught me much about integrity, hard work, forgiveness, and kindness. We were blessed to have her with us until she was 102 years young. I still miss her. Photographs of her on my bookshelf always bring a smile to my lips and warm memories.
Each year, we have a number of our law students lose a precious grandparent during the academic year. Some students are too far from home to be by the grandparent's side to say goodbye. Many are fortunate to travel home to be at a bedside. For some, their grandparents were in ill health for a long time. Others have had no warning prior to their deaths.
For some law students, that grandparent was the parent because of family circumstances. Many of our law students grew up with strong extended families living nearby. Small-town Texas often means that grandparents are next door or down the street. The ties are strong and lasting. The heart is deeply involved in that relationship.
Of course, the law school works administratively with each student in the individual circumstances when a student tells us of a grandparent's death: notifications to professors of absences, moved assignment deadlines, moved exams. In addition, if appropriate to the individual student circumstances, referrals for counseling are also made: university wellness center, grief counselors, pastoral counseling.
Because of our individual contacts with students, we as ASP'ers are often aware of the student's grief and its impact on their academics. A certain number of students reveal that a death in the family is one reason they have lost focus at critical points in the semester.
I am not a clinical psychologist. I know my limits and expertise. But I can be there for the student by listening and expressing that I care. I can understand the lack of focus, inability to organize well, and possible need to travel home for more frequent family support. I can help students find study strategies that realistically work to improve their academics while recognizing that their hearts may override their heads at times. I consider it a privilege to assist students through their studies while they process their grief.
On this National Grandparents Day, may we all take a few minutes to give our grandparents who are still with us a phone call or hug. May we all take a few minutes to remember the special memories about our grandparents who have left us. (Amy Jarmon)
Monday, September 4, 2017
We just completed our first week of school at Carolina Law. Like many law students throughout the country, our 1Ls experienced their first week of Socratic classes. They read and briefed their cases. They’ve been introduced to legal citations and the hierarchy of authority. They’ve taken advantage of the free lunches provided at the various student organization meetings.
After a week of law school, many 1Ls may wonder whether they will have enough time during the day to stay afloat. They may worry that they are spending way too much time reading their cases. And despite the large amount of time that they are devoting to reading their cases, they may mistakenly fear that they are the only ones in their classroom who are not able to fully follow the various hypotheticals that their professors ask in class. They may question whether they are fit for law school.
1Ls: If you are feeling this way, remember that law school is a marathon. There may be times during the year when you feel like you have to run a little faster than normal. But, the sprint for the finish line is really not until the end of the semester when you have to answer the final exam hypotheticals.
Consider a lot of what is happening during the semester as your training for that sprint. Yes. You might falter every now and then as you train. But, don’t get discouraged. Try to learn from the misstep, and fine-tune your next step so that you continue to progress. You are just starting to develop your critical thinking muscles. You are beginning to strengthen your ability to perform legal analysis. You are establishing a foundation of stamina that will help push you through the marathon—including the sprint to the end.
Like many athletes who start a new sport season, you are in a training camp right now. And this training camp is unlike any other training camp you have experienced before. Learning how to learn the law takes time. It takes practice. It takes repetition. Keep putting in the time, because the more you practice, the better you will get. But, make sure that you are active and engaged when you are reading and studying. You can’t passively learn the law; you have to be present and in the moment. And make sure to leave some time for you to do the kinds of things that make you “You.” Law school is a big part of who you are right now. But, it is not all of you.
You will find that it will take you less time to read and brief your cases in the next few weeks. You will find that your critical thinking skills will begin to improve. You will find that your ability to synthesize rules and apply those rules to different factual scenarios will become easier and, dare I say . . . fun!
Best of luck as you continue your training! And remember you have great ASP folks at your schools to help coach you and cheer you on! (OJ Salinas)
September 4, 2017 in Advice, Diversity Issues, Encouragement & Inspiration, Exams - Studying, Miscellany, Orientation, Reading, Sports, Stress & Anxiety, Study Tips - General | Permalink | Comments (0)
Friday, September 1, 2017
We have just finished our second week of classes and are closed Monday for Labor Day. What a relief that it is a long weekend!
Our 1L students are looking a bit shell-shocked after Orientation Week (which included four days of Torts classes) and two weeks of regular classes. Although some professors go slowly the first class week, most of them have picked up the pace this week. One Torts section has a quiz next week. Legal Practice has begun some assignments as well. For 2L and 3L students, most professors have jumped into the material pretty quickly. Upper-division students are definitely into the semester with a bang.
Every 1L student I have talked with this week is grateful for the longer weekend to pull things together and start outlines and prepare for assignments. Many 2L and 3L students have made similar remarks though they are a bit more laid back; more of them are talking about balancing study with down time during the weekend. (Our Houston and coastal Texas/Louisiana students are a special group. Some know their families and friends are safe and are staying here. Some will try to get home. Others cannot get home easily yet.)
As an ASP'er, my last three weeks have gone very quickly. With orientation presentations, workshops, student appointments, meetings, faculty retreat, and various events, I have barely had time to draw a breath. My to-do-list is still much longer than I would like despite early morning and evening overtime. I am sure my colleagues at other schools feel the same way.
So to one and all, whether students or ASP'ers, have a blessed Labor Day Weekend! Get some rest from your labors mixed in with any laboring you will do. (Amy Jarmon)
Monday, August 28, 2017
I have returned to some normalcy after the conclusion of our two pre-orientation programs.
Our Legal Education Advancement Program (“LEAP”) is a voluntary pre-orientation program available to every incoming 1L student at Carolina Law. Faculty members participating in LEAP help students transition to the study of law by introducing them to a variety of topics, including jurisprudence, case briefing, exam writing, and the Socratic class. We had 56 incoming 1Ls who chose to participate in our first LEAP session a week and a half ago. We had another 47 incoming 1Ls who chose to participate in our second LEAP session last week. The total was nearly half of our incoming 1L class!
I am sure many ASP folks will agree that it can be an interesting feeling running these pre-orientation programs: it’s weirdly both draining and energizing. You can feel really drained from the immense amount of work that goes into preparing for and delivering the program. Yet, you can also feel energized when a new set of students enters your law school building. You feel a certain thrill and special motivation knowing that you get to be a part of the start of the students’ successful transition into the study of law. You know that your students are going to do great things during and after law school, and you are lucky to help train them on this wonderful marathon. Seeing light bulbs start to go off in your students’ minds during your programming, and receiving positive responses from faculty, staff, students, and administrators are icing on the cake.
Like many of you, I had a great group of folks who helped out during our pre-orientation programs (many of whom I thanked and tweeted about @ojsalinas). I also appreciated how many faculty, staff, and administrators came out to meet and have lunch with our LEAP students.
Wishing everyone a great start to another academic year!
Friday, August 25, 2017
We always know it is the beginning of another academic year when Beloit College publishes its annual list of things we need to know about college freshmen. For those of us at law schools, it gives us a reprieve for a few years before these changing mindsets arrive at our doorsteps. But it keeps us current on the ever-changing status quo of American culture.
Here is the list for this year's college freshmen: Mindset List for Class of 2021 Freshmen. And here is the list reflective of the mindsets of many of our first-year law students during their freshman year: Mindset List for Class of 2017 Freshmen - Our 1L Class.
Robert Scherrer, a faculty member at Vanderbilt, has published a professor mindset list in response to help students understand their 50-something faculty members. His list was posted on the Inside Higher Education update and is included here: A 50-Something Faculty Mindset List. (Amy Jarmon)
Monday, August 21, 2017
I mentioned in last week’s blog about my inability to remain focused on our law school's voluntary pre-orientation program for incoming 1Ls due to events related Charlottesville. As I continue my efforts to remain focused, I’ll try to spend a few minutes talking about a topic that many of you likely discuss with your students, either during a similar orientation or pre-orientation program or in workshops or individual conferences: whether students should handwrite their notes or take them on a laptop.
The use of laptops in class rightfully generates much discussion on faculty and ASP mailing lists, particularly at the start of the semester. The discussion has even entered the Twitter realm (for example, here and here; H/T Prof. Ellie Margolis and Prof. Katherine Kelly).
I know there is a lot research and concerns out there relating to laptop use and taking notes. For instance: (1) students may often find it difficult to follow classroom dialogue while trying to type everything down that is discussed in class; and (2) there are potential distractions related to laptop use in class—both for the student doing something that he/she should not be doing on the laptop and for those students sitting near this student.
I don’t necessarily disagree with the research and concerns. I understand that laptops can create tempting distractions for our students. And I agree that we don’t want students “zoned out” from using laptops in our classes. But, we should also not want to “zone out” students who may need to use a laptop in class as a critical learning tool for them.
So, I want to caution folks before they decide to ban laptops entirely in the classroom. I want folks to remember that banning laptops may create a situation where students with an accommodation for a learning disability are forced to disclose that they have a learning disability. This forced disclosure may not be an issue for some students—they may not complain or make much of the ban, or they might not care that they are the only student in a 70+ class who has his/her laptop out in a no-laptop use classroom. So, a complete laptop ban may not be that much of an issue for some students. But, it could still be an issue.
If you are a strong proponent for absolutely no laptop use in class, perhaps your student affairs office might be able to not place students who have laptop use as an accommodation in your class. Of course, this recommendation may only work if you happen to teach a course that is also offered during the same semester by a faculty member who does not have a laptop ban.
Perhaps, someone like a student affairs or ASP professional may have a chat with those students who are disengaged in the classroom to see what may be contributing to the disengagement. Is it solely the laptop? Or, as those of us in the law school ASP world know, are there other academic or non-academic factors that may be impacting the student’s ability to “follow along in class”? Are the students distracted by a laptop disengaged because the laptop is in front of them? Or, is something happening outside of the classroom that may be motivating the student to disengage on the laptop? Could it be easier for a student who is having a challenging time in law school to disengage, rather than continuing to try and fail?
One more recommendation if you are a strong proponent for absolutely no laptop use in class: maybe, reconsider why you have the no laptop policy in the first place.
Do we assume that students who handwrite their notes never disengage? Or, can a student on a social media account be just as "zoned out" as someone daydreaming or drawing an elaborate doodle on his/her notebook paper?
Do we assume that someone who has a laptop will automatically be programmed to type everything down verbatim in class and, thus, not follow along in the classroom dialogue? Do we assume that someone who is handwriting his/her notes will not automatically try to write everything (or as much) down in class and, thus, will follow along in the classroom dialogue? I suspect we have had many students in our classrooms who prove and disprove both assumptions.
Do we assume that those students who are using a laptop are naturally worse note-takers—that they have not developed or cannot develop with guidance (from great ASP folks, like us!) effective methods for taking notes in a law school class? Do we assume that those students who handwrite their notes all have developed the proper method for effective and efficient ways to take notes in a law school class? Again, I suspect we have had many students in our classrooms who prove and disprove both assumptions.
And, finally, are we even aware of, or do we automatically discount, the various computer applications out there that might be geared for diverse learning styles or that might help keep our students’ notes better organized?
We often try to train our law students on flexible thinking—that there may often not just be a black or white answer to things in the law; that there, frustratingly, is often a large shade of gray in the law; that the answer to many questions in the law may often be “It depends.”
Perhaps, we can practice a little of what we preach. Just because we may not be able to take effective notes using a laptop in a law school classroom doesn’t mean our students are unable to take effective notes on a laptop in class. And just because we may not have needed a laptop to succeed in law school doesn’t necessarily mean that someone else could not succeed in law school by using one. Some students may actually need the laptop to help them succeed. And a “black" or "white" law might actually say that they are entitled to use a laptop in class. (OJ Salinas)
August 21, 2017 in Advice, Current Affairs, Disability Matters, Diversity Issues, Exams - Studying, Exams - Theory, Learning Styles, Miscellany, Orientation, Study Tips - General, Teaching Tips, Writing | Permalink | Comments (0)
Friday, August 18, 2017
Oliver Wendell Holmes, Jr. was one of the most renowned U.S. Supreme Court Justices in American legal history. He wrote a letter home to his father after his first day as a law student at Harvard stating, "I did not make sense of one single word spoken today."
For all of you beginning law school, there is hope! Don't be discouraged if you feel that your professors and the judges who wrote the cases you are reading all speak a foreign language.
Legal language includes many terms taken from Latin and French. Terms that have a common meaning in everyday English will often have specialized meanings in the law. You will hear lawyers refer to "terms of art." There will be procedural terms, policy terms, doctrinal conceptual terms, and many more. A term in one legal specialty may have a more nuanced meaning in another legal specialty.
Be patient with yourself. And become best friends with your legal dictionary.
You will need to look up multiple terms in every paragraph in a case. After you read the definition, write a short version in the margin of your casebook and highlight the term. Law professors will call on students to define those terms. So do not blithely read over them. They are important.
You will be amazed at the end of the first year how many terms you have mastered. Your family and friends will comment throughout the first year that you speak a foreign language. (Amy Jarmon)
Monday, August 14, 2017
Focusing When You’re Frustrated and, Potentially, Frightened: Some ASP Thoughts Following Charlottesville
Like many individuals throughout the country, I was saddened to see and hear what happened in Charlottesville, Virginia. I am not sure I have the words to describe my thoughts and feelings related to this weekend. Or, maybe, I do. But, they are likely not suitable for this blog.
I’ll try to focus the rest of this post on a topic related to law school academic success. Surely, this weekend’s events don’t relate to our students’ academic success. Right? It’s not like this weekend’s events could impact our students’ abilities to focus on their law school studies. Right?
Let me refocus.
Surely, I have other things that I should be thinking and worrying about . . . like, law school pre-orientation programs. I am running the first of our two voluntary pre-orientation programs for incoming 1Ls later this week. I will have worked with over 40% of our incoming 1L class before the start of orientation. These students are incoming 1Ls who have volunteered to participate in our Legal Education Advancement Program (“LEAP”). This program helps 1Ls transition to the study of law in a welcoming and supportive environment. Yet, these are also students who have likely been impacted in one way or another by the events in Charlottesville. After all, it doesn’t take much to see what happened on the news or to read something on the Internet. It doesn’t take much to see where the events took place and wonder whether a similar event could take place near you.
I am sure there are many other law school academic success professionals who should also have other things to be thinking and worrying about. They, too, may be getting reading for their pre-orientation programs. They, too, may be finalizing their syllabi, organizing conferences, and meeting with students. They, too, may be looking for ways to make the law school experience a positive and productive one for their students.
Surely, there are many things that should be preoccupying our minds. But, it’s often difficult to focus on what we should be focusing on when events like this weekend’s event in Virginia take place.
Surely, there are many things that our students should be thinking and worrying about as they prepare to start a new school year. For example, our 1Ls may be worrying about finding a place to stay, locating the bookstore, or figuring out how to brief a case. Our 2Ls and 3Ls may be finishing up summer work, finalizing resumes, or scheduling on-campus and callback interviews.
But, yes. It is difficult to focus on what we should and want to be focusing on when frustrating and, potentially, frightening events like the one in Charlottesville try to suck out all our energy, positivity, and goodwill. It is likely no different for our students—particularly our students of color. They may, similarly, find it difficult to focus on what they need and should be focusing on to be successful law students. Law school is hard. It is going to be even harder over the next few weeks.
Give your students some time to digest this weekend’s events. Be supportive and lend a listening ear. Yet, try to be realistic about the work that needs to be done in law school. If you find it difficult to engage students to change their approach to law school work because they are too worried or preoccupied with external events, like Charlottesville, you might try to reframe law school work in such a way that your students may be more motivated to read, study, and improve . . . to act.
For instance, despite my strong restlessness about this weekend’s events, I am going to try to attack this week’s pre-orientation program with vigor and hope—hope that the students that I will be working with will become successful lawyers who will help make this country a better place for all of us. Surely, that relates to law school academic success. (OJ Salinas)
Saturday, August 12, 2017
In my post yesterday on this topic, I covered three aspects important to 1Ls understanding the law school environment and succeeding in their studies: professional education, long-term memory, and active learning. This post considers two more aspects: comprehensive final exams in doctrinal courses and time management.
Comprehensive final exams in doctrinal courses. Most incoming students are used to courses that have multiple tests and assignments that make up the final grade. Each test or assignment covered a segment of the course. No course or assignment covered the entire material for the 15-week course. The non-cumulative nature of the tests and assignments encouraged students to learn the material in a compartmentalized fashion with no incentive to remember or understand the material in a more comprehensive manner.
Students have told me that professors often let them drop the lowest grade among the tests or assignments. If you didn't understand the content (or didn't bother studying enough), you would get rid of that low grade as if it never happened. Other students have told me that they could opt out of the final test for the semester if they exceeded a certain score for prior work or were happy with the grade they already had. And a few students told me that a good cry or tale of woe for the professor would always get them a grade change so that the preparation for a test or assignment wasn't crucial.
In legal education, many doctrinal courses (doctrinal examples: contracts, torts, constitutional law, criminal procedure) end with a comprehensive exam covering all 15 weeks of material - even if there have been practice exams or some writing assignments. Active learning and long-term memory (see Part 1 of this blog topic) are essential to the best grades on these exams. By actively learning the material during class preparation, class attendance, and note review, there is less effort required later. By striving for understanding and not just memorization through outlining and reviewing outlines, the depth of knowledge improves, awareness of nuances develops, and long-term memory is built. By applying the concepts in practice questions throughout the semester, law students can self-monitor their understanding and improve their test-taking skills.
Think of it in practical terms: we forget 80% of what we learn within 2 weeks if we do not review the material. If you wait too long to revisit material, you have massive amounts to relearn because it has become vague or completely forgotten. Students who wait until late in the semester to outline confide that they can no longer decipher their class notes or remember the context of sentences that meant something many weeks ago. The myth at my law school is that you begin to study for exams 6 weeks out. But that means a law student is trying to relearn 9 weeks of mostly forgotten material while trying to learn 6 weeks of new material at the same time. Exhausting and stressful to say the least!
The best plan: spread review and practice throughout the semester. By scheduling their outlining, reviewing of outlines, and practice questions throughout the semester, law students can have memory work for them rather than against them. Regular review means that 12 or 13 of the 15 weeks of the course can be ready for the exam before the end of classes! Only the newer material will have to be pulled together; the other already mastered material can be more generally reviewed and refreshed through additional practice questions. Being able to accomplish exam studying throughout the semester, leads us to the next aspect of law school.
Time management. We know from national data that diligent undergraduate students study a maximum of 19-20 hours per week; and most undergraduate students report studying far less - some less than 10 hours per week. Students filled all their free time with student organizations, sports, part-time work, social activities, social media, and other leisure aspects. Most students tell me that they wrote papers a day or two before the due date and studied for tests only a few days (or hours) unless it was a really hard course. Many students tell me that they had a weekly routine for student organization activities/meetings, exercise or intramurals, part-time work, and some social activities. Rarely did they have a routine study schedule; at most they had a calendar of due dates. They studied when they felt like it.
Law school requires students to master time management if they want to get the grades they have the potential to earn. A full-time law student needs to study 50-55 hours per week if the active learning, long-term memory, and regular review are to occur as well as thorough class preparation and completion of assignments. A part-time law student needs 35-40 hours per week for the same results usually. We know statistically that most new law students have probably never studied that much in their lives! If new students have worked full-time before law school, then they are used to 40 or more hours of employment each week.
New law students will need 2-3 weeks of settling in to law school before they can set up a regular routine for all tasks. They need to learn how to read and brief cases, develop an understanding of what their professors teaching styles and emphases are, learn the legal vocabulary, and begin to experience legal writing. But by the end of 2-3 weeks, it is time to set out a routine time management schedule to provide for class preparation, outlining, review, practice questions, and legal writing assignments. That schedule should also include sleep, meals, exercise, and down time.
The idea is to know when you will get things done rather than wondering what you should do next. We tend to fritter away time when we don't have structure. And today it is easier to fritter away massive amounts of time with electronic distractions! You can flip tasks up and down during the day as tasks take less or more time. But you try each day to complete your daily tasks. You can build in several blocks of undesignated study time during the week for unexpected study tasks or especially lengthy tasks that occur - this allows you to easily see where to move or add tasks to your schedule rather than panic. Realize that you will become more efficient and effective at all of your study tasks with practice and will likely be able to decrease time blocks in your schedule for some tasks or for a particular course.
Schedules will need tweaking; but with realistic time blocks and better organization of life tasks (errands, laundry, meal prep, etc.), it is possible to have a routine that works most weeks. So Tuesday during 3-5 p.m. you read for Civil Procedure; you go to bed at 11 p.m. and get up at 6 p.m.; you outline the week's contracts material on Friday 10-11 a.m.; you work on your legal writing assignment on Wednesday 1-3 p.m.; you go for a run Monday, Wednesday, Thursday 3-4 p.m. and then eat dinner 4-5 p.m.; you review part of your contracts outline 2-3:30 p.m. on Saturday; you complete practice questions for Torts on Sunday 3-4 p.m.; and so forth.
By structuring your weeks, you will feel less overwhelmed because you can literally see when you will get things done. By including appropriate times for sleep, meals, exercise, and down time, you gain school-work balance. By gaining expertise in time management while you are in law school, you will be able to carry that skill over to practice. Many new attorneys are stressed by the demands of practice if they are not skilled at time management already.
Once again I encourage you to use the academic support resources at your law school. If comprehensive final exams and time management are not part of your educational experiences already, ASP staff can assist you in learning strategies to prepare for final exams and assist in setting up a routine time management schedule. You can learn these new skills and strategies with the assistance available to you. (Amy Jarmon)
Friday, August 11, 2017
New law students can improve their adjustment to law school if they consider several aspects of their educational background, study habits, learning styles, and lifestyles before they enter law school. By being more intentional in considering these aspects, law students can be more aware of their strengths and preferences. They will be less shocked by some of the differences between legal education and prior education. They can be aware of changes they will need in their approach for a successful legal education.
Three aspects to consider are included in this post; a follow-up post will consider two more aspects.
A professional school education. Many undergraduates take a variety of courses which they perceive as merely fulfilling requirements and not useful in real life. Courses are frequently one-off content rather than building a foundation of concepts for future courses or life tasks. One may take the history of fine arts, calculus, or physics to fulfill general education requirements without any thought of needing the knowledge again - and often with the hope of never using the information again.
Some undergraduates choose majors based on whim, reputation for easy grades, or popular trends as a means to get the degree without any expectation of having a job in those fields. Education seems less important if it has no relevance to one's future. For example, a survey several years ago showed that engineering students preparing for a career path studied nearly twice as many more hours per week as their liberal arts counterparts.
Law school curricula contain courses that are designed to improve skills that lawyers need every day (critical reading, critical thinking, critical writing). Many 1Ls consider their legal research and writing courses the bane of their existence. Those skills are essential to success in the legal profession where research and writing are daily tasks. Also, law students who regularly skimp on reading and briefing for doctrinal classes, find they are ill-prepared for efficiently and effectively analysing hundreds of cases in practice. For some students, the first summer clerking position can be a nightmare and hopefully a wake-up call for more diligence.
In addition, many courses contain legal content that is foundational to the bar exam and basic legal knowledge for practice. Most law school curricula require a number of the courses that appear on the bar exam. For example, even though a 1L vehemently declares he will never practice criminal law, that content is going to show up on the bar exam. (I also know from experience that some corporate litigation CEO client will walk in and want you to talk intelligently about what to expect after his son's drug arrest even though you obviously will refer him to a criminal defense colleague.)
The importance of long-term memory. Working memory (previously called short-term memory) is premised on the fact that the information is only needed for a short period: until the presentation is over, until the test ends, until the paper is handed in, until the course ends. After the deadline, concepts and information are immediately forgotten. The educational trash can is filled to the brim. Cramming promotes this short memory span because the brain is expected to retain the information for a use-by-date close at hand. There is no intention to retain the knowledge for reuse. The grade, and not the future, matters.
Long-term memory builds a foundation of concepts and information that are reinforced and applied over a period of time. Law school, the bar exam, and legal practice all go more smoothly with a focus on long-term memory. Briefing cases, note-taking, reviewing class notes, outlining, reviewing outlines, and applying the information to new scenarios throughout the semester build long-term memory. Long-term memory is like a filing cabinet of organized and readily accessible information in your brain.
When a third-year course refers to concepts from first-year contracts, law-term memory allows the concepts to come back with little or no review. When one's summer clerkship assignment focuses on a search-and-seizure issue, the concepts from criminal procedure are there as a base of knowledge on which to begin. When the bar exam course rapidly covers dozens of courses in six-eight weeks, long-term memory promotes review of those courses rather than the total re-learning of massive amounts of material that was lost if only working memory was used.
In practice a lawyer depends on long-term memory for building expertise in specialty areas of law. Lawyers want to recall similar client facts, prior cases read, statutory language, and more. Although they will constantly update their knowledge and research new twists on prior issues, they depend on a depth of knowledge and understanding of the law to gain competence and confidence. Even remembering the basics from law school courses can save time in interviewing a client or researching.
Active learning as a way of life. Active learning requires engagement on the part of the learner and self-monitoring. An active learner in law school does more than read the large number of cases to say that the assignment is done. The active learner asks questions while reading the cases, considers how the cases are similar and different, relates the legal concepts to the subtopic and topic, and considers how those legal concepts would be used in different scenarios. The active learner has thought about the material and tried to synthesize the different cases before going to class.
Although law professors will go over the cases at least somewhat in class, they will not tell the students everything they need to know. They will expect law students to prepare well and understand the basics from the cases and consider inter-relationships among cases. The class discussion will often focus on more nuanced concepts, policy arguments, and application of concepts to new scenarios. Professors may use the Socratic Method of questioning to get students to think about these aspects that springboard off of the cases. Professors may throw out hypothetical facts to get students to consider twists on facts and how the law will (or won't) apply. Students are asked to argue both sides of the scenario for plaintiff and defendant.
Memorization of the black letter law is important; however, it is only a beginning. Law students need to continue to review the legal concepts and inter-relate them to better understand how the law applies to the topics and subtopics through outlining. They need to actively engage in applying the concepts to new fact scenarios through practice questions so they know how to use the law to solve legal problems.
Passive learning promotes little engagement with the material and an attitude of just doing the assignment rather than critically thinking about the material. It is this type of learning that many students tell me they have most often experienced in prior educational experiences. The textbooks laid out the concepts without any need to think about them or ferret them out of the text. One just needed to read and memorize what the texts said. The professors often lectured to tell them exactly what they needed to know for the tests. Knowledge was clearly laid out to be learned in a rote way in many courses. The A grades went to those who could spout the most dates, facts, definitions, etc.
Some students relate that even in courses where they had to discuss themes or apply concepts across works of various authors, they were often expected to espouse the professor's stated views rather than apply the themes or concepts more critically or innovatively. If creativity was allowed, then some tell me that everything written was accepted as good ideas without having to carefully support arguments or consider counter-arguments.
These law school aspects of professional education, long-term memory, and active learning may be alien to some law students. As a result students might initially make learning choices that will cause them to falter. They will approach legal learning with strategies that worked in prior education but do not work in law school. They will not see each course as building skills and knowledge needed to pass the bar and become a competent professional. They will approach class preparation as a passive task to be completed rather than an active learning exercise. They will become frustrated by the law school classroom because professors do not tell them what they need to know for an A grade and instead expect them to make leaps in thinking through questions and hypotheticals they do not understand. They will mistakenly believe that a good grade will be produced by cramming and mere memorization of the law because that worked in the past.
If you are a new 1L student, consider what your background has been like in past education. If any of these aspects of legal education are different from your prior education, the good news is that there are academic support professionals who can show you new strategies tailored to learning in law school. You can succeed and not just survive in the different learning environment. Seek out the ASP resources available at your law school. (Amy Jarmon)
Sunday, August 6, 2017
The Law School Academic Support Blog is one of a variety of blogs that make up the Law Professor Blogs Network. Over 100 law professors serve as editors of the various topical blogs within the network. The Legal Writing Prof Blog and The Legal Skills Prof Blog are just two of the specialty blogs that might appeal to ASP/bar prep professionals. Many of the blogs in the network are on specific legal topics: appellate advocacy, contracts, environmental law, M&A to name just a few. You can check out the entire list of blogs within the network at: Law Professor Blogs.
Friday, August 4, 2017
For those of you who are new professionals in ASP/bar prep at your law schools, signing up for the ASP Listserv is done in the following manner. If you run into problems after you have tried to subscribe following the instructions, I would suggest that you contact Stephen Sowle (he runs the listserv) for assistance at firstname.lastname@example.org. (Amy Jarmon)
To sign up for the ASP listserv, follow these steps:
Address email to email@example.com
In the body of the message enter: subscribe ASP-L your_first_name your_last_name title school_name
your_first_name is your first name,
your_last_name is your last name
title and school_name are optional