Saturday, December 9, 2017
Hat tip to my colleague, Vickie Sutton, at Texas Tech Law for bringing an article to my attention. Professor MacLeod at Faulkner wrote an article for the New Boston Post publishing a speech that he gave to his 1L students. The Daily Wire reports on that speech here with a link to the original article. Although colleagues may agree that there are problems with millennial students' prior education, MacLeod's approach has garnered criticism for his degrading treatment of students in the classroom. (Amy Jarmon)
Tuesday, November 21, 2017
It’s often difficult to keep law students engaged around the holidays when they’re anxious to spend time with friends and family. Below are a few fun ways to promote student engagement by integrating the holidays into your classes.
If you find yourself over-stuffed this week, I do not recommend trying to sue “Thanksgiving, Pilgrims, Mayflower Movers, Pilgrim Pride, Turkey Hill, Black Friday, Corn on the Cob, [or the] Cleveland Indians.” Riches v. Thanksgiving, 2007 WL 4591385 (N.D. Cal 2007). A prisoner who was “offended” by the Thanksgiving holiday tried to do just that, but the court dismissed his claim finding that “[t]o the extent any of these defendants are actual entities that may be sued, they are private organizations that do not act under color of state law, an essential element of a § 1983 action.” And if you want a second helping of prisoner litigation, dish out Professor Abigail Perdue’s suggestion: Karmasu v. Hughes, 654 N.E.2d 179 (Ohio App. 1995) (concerning a prisoner who sued the prison dietician for serving turkey stuffing for Thanksgiving).
In December, consider a Christmas tree or menorah themed case. There are over two thousand cases involving Christmas trees with issues ranging from freedom of religion to the Fair Labor Standards Act in agricultural production. See Mather v. Village of Mundelein, 864 F.2d 1291 (7th Cir. 1989) and U.S. Dept. of Labor v. N.C. Growers Assn., Inc., 377 F.3d 345 (4th Cir. 2004), respectively. For a more technical exploration of the holiday, turn to the U.S. Court of International Trade, which explored whether “14-foot long lengths of wire set with 10 light bulbs … in the form of such objects as fruits, vegetables, hearts, rearing horses, guitars and American flags” should be classified as “lighting sets of a kind used for Christmas trees” or “other electric lamps” within a tariff statute. Primal Lite, Inc. v. U.S., 15 F. Supp. 2d 915 (Ct. Intl. Trade 1998).
Pavlicic v. Vogtsberger (or any of the cases it cites) is an ideal choice around Valentine’s Day for both romantics and cynics alike because the case addresses “the recovery of gifts which [a man] presented to [a woman] in anticipation of a marriage which never saw the bridal veil.” 136 A.2d 127, 128 (Pa. 1957).
Meanwhile, in the spring, opt for an Easter Bunny themed case. If the case need not be published, then I recommend Rogers v. Walgreens, 2017 WL 3263783, where a woman was so startled by a Walgreens’ employee dressed as the Easter Bunny that she fell and injured herself. But if you require a published source, consider People v. Gaither, 173 Cal. App. 2d 662 (1959), which found the defendant guilty of poisoning his ex-wife’s family with chocolate Easter Bunny candies laced with enough arsenic to kill 75 people.
After you select your case, make sure it is sufficiently de-identified for the research exercise. Here’s a quick “how to”:
- Download the opinion from Westlaw or Lexis as a Microsoft Word document.
- Delete as much of the identifying information as possible, including the case caption, syllabus, headnotes, and the judge’s name.
- Omit any concurring or dissenting opinions, for brevity, if desired.
- Substitute any extraordinarily unusual words in the opinion with more commonplace synonyms. Savvy students will simply search for the strange term instead of identifying the actual legal issue.
- Use the “find and replace” feature on Word to quickly substitute the parties’ last names with their first names or other designations such as buyer and seller or plaintiff and defendant.
- Try to locate the case yourself using traditional Westlaw and Lexis searches. Make sure that the case is findable but does not necessarily immediately reveal itself.
- Confirm that the case does not come up in the first few pages of Google search results.
Once the opinion is sufficiently scrubbed, announce the rules of the game and get researching!
For more information on fun holiday-themed research exercises, see the Winter 2016 edition of “The Learning Curve,” a publication of the AALS Section on Academic Support, which is available online at the Law School Academic Success Project.
This post originally appeared on the "Teach Law Better" blog on November 20, 2017. (Kirsha Trychta)
Thursday, November 2, 2017
With many law students facing final exams in just over a month, this is a great time for students to reflect on their learning with the goal of making beneficial improvements before it is too late, i.e., before final exams are over.
There are many such evaluation techniques but I especially like the questions that adjunct professor Lori Reynolds (Asst. Dean of Graduate Legal Studies at the Univ. of Denver) asks each of her students because the questions are open-ended, allowing students to reflect, interact, and communicate about their own learning with their teacher.
And, if you are a law student, there's no need to wait on your teachers to ask these questions. Rather, make them part and parcel of your learning today.
So, whether you are currently serving as a teacher or taking courses as a student, you'll find these questions to be rich empowering opportunities to make a real difference in your learning! (Scott Johns).
Tuesday, October 31, 2017
Last Thursday (October 26) was National Pumpkin Day and today is Halloween; it seems like a fitting day to conclude my “Giant Pumpkin Growing Lesson” series.
For the first four installments (read #1, #2, #3 and #4 here), I not only detailed my experience growing a giant pumpkin, but also tried to empathize with first-year law students. For this final post, I’d like to focus on “passion,” which I believe is an essential element to successfully transition from novice to expert.
You have to be truly passionate about the work in order to perform at a competitive level over a sustained period of time.
During the early morning hours on October 14, I officially entered my pumpkin in the Ohio Valley Giant Pumpkin Grower’s annual weigh off. At 516 pounds, my pumpkin took 35th place out of 38 eligible entries.
Many of the more experienced growers were impressed with her* shape and color, but commented that she was simply “too small” to be a real contender—even in the rookie category. These other growers would then immediately follow-up their statement with a question about my plans for next year. Although each of their questions varied slightly (e.g. “What seed will you grow next year?” “Will you be performing a new soil test?” “Do you think you can outgrow your husband?”), implicit in every question was the notion that I would undoubtedly be growing a pumpkin again next year. I responded to each of their questions with a straightforward answer: “I’m not going to grow another pumpkin. This was a one-time-thing for me.” Then, almost universally, a sense of disbelief would appear on the questioner’s face for a brief moment before a Cheshire Cat grin would settle in across their lips. The grinning grower would respond with something like “Oh, give it a few months. You’ll be itching to plant a seed in the spring.”
After the third or fourth time, it dawned on me that the other growers simply did not (or perhaps more accurately, could not) believe me. Because these vegetable enthusiasts love growing pumpkins so much, they are unapologetically eager to get back in the patch and try something new. The fact that I was not as equally eager seemed too confusing for them to accept. But for me, most days in the patch were a chore that I could manage, not a task I wanted to master.
I suspect that both the “can do” folks and “want to do” crowd exists in the law student population as well. The question then becomes what do we, as academic support professors, do to assist the “can do” students; that is, those students who are able to achieve the minimum benchmarks of success, but are likely disinclined to challenge themselves during their three years of school. Can we motivate someone to evolve from “can do” to “want to do”? And, is the evolution really necessary?
With regard to the latter question first: I submit that the evolution is imperative to long term success in the legal field. Extrapolating from my own experience trying something new and challenging, I feel comfortable asserting that in order to be content and fulfilled while working long hours, you have to be truly passionate about the project. Therefore, if a law student possesses a can-do attitude, but doesn’t actually enjoy the work, he will eventually lose interest and the quality of the work will suffer. In law school that translates to mediocre grades, but in legal practice poor quality work may result in the loss of a client or even malpractice. In addition to producing lesser quality work, the student will be fundamentally discontent and unfulfilled. Perhaps this helps explain the extraordinarily high rates of depression among law students. The difference between me—the novice pumpkin grower—and the law student is that I have the luxury of walking away after one season. Giant pumpkin growing is just a hobby, not a career path. On the other hand, most law students—because of financial commitments, family pressure, or a lack of personal insight—are not in a position to just walk away from law school after one year. Even if the student finds the entire first year a laborious chore, his can-do attitude will likely convince him to return for another year.
So, if we conclude that the can-do student is likely to persist through all three years of law school, even if he finds the entire process somewhat miserable, then what can we do to help transition his mindset from can-do into one of want-to-do? How can we make him passionate about his project? I suspect that identifying the student’s long-term career plan and then tying law school tasks directly to his individual goal(s) may prove useful in reframing his motivation. A more defined end goal may motivate the student to engage beyond the basics and eventually spark a real passion. Numerous ASP articles outline the benefits of curiosity, self-directed learning, and internal motivation in achieving academic success. My own experience echoes these scholars' findings.
Looking forward: next time I encounter a can-do student, I plan to spend a few extra minutes trying to identify his real passion, and (hopefully) tie that passion directly to his legal studies. In short, I hope to spark a passion for the law which should better equip and inspire the novice to transition into an expert who is excited about facing new challenges and his own potential for exponential growth.
*Like most sailing vessels, giant pumpkins are referred to using female pronouns.
Happy Halloween! (Kirsha Trychta)
Novice grower at 516 pounds on the left; expert grower at 1,337 pounds on the right.
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)
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 .
Friday, October 6, 2017
The debate on electronic devices in the classroom and no bans/partial bans/total bans continues as Generation Z enters the classrooms of higher education. The Chronicle of Higher Education recently looked again at the issue: Gen Z Changes the Debate. (Amy Jarmon)
Tuesday, September 19, 2017
As I explained in part one and part two of this multi-part series, earlier this year I decided to undertake a new and difficult task (specifically, to grow a giant pumpkin) in hopes of gaining more insight and perhaps empathy for what it is like to be a first year law student. Here’s my third takeaway:
Daily maintenance is essential for success in giant pumpkin growing and law school studying. The key is getting the novice learner to appreciate that If she steps away in either situation for too long, she will find herself unable to catch up.
Once the temperamental seedling is planted outside, you must care for it – daily. The plant will grow from a few inches to a few hundred square feet in less than two months. Here’s my plant on July 22, 2017, just seven weeks after I planted it outside.
A pumpkin’s rapid growth invites a plethora of problems unique to giant vegetable growers. Unsurprisingly, a small problem early in the process can quickly blossom into a huge issue. Consequently, my expert-coach was insistent that I check on my plant every day. This novice was convinced that he was being overly attentive, hyperbolic, or just plain crazy. So, I ignored his advice and traveled to the Institute for Law Teaching and Learning’s summer conference in mid-July, leaving my plant to fend for itself for a few days. When I returned, I found that the stem had begun to rot due to a moisture issue. Ugh, turns out he might have been right!
I took my foot off the gas for one week and the plant began to get the better of me. Thankfully, I noticed the soft spot early enough to salvage the stem. But, my neglect left my plant struggling for several anxiety-ridden weeks. Seeing the rot, I quickly came to realize that my coach was correct. Unfortunately, it took me seven weeks and almost losing my pumpkin to finally accept that daily maintenance is essential.
Just like daily patch inspections are imperative for pumpkin success, regular and frequent outlining is essential for law school success because we cover a lot of ground, very quickly. In light of my own laissez faire attitude in July, I began to suspect that my law students likely viewed my repeated reminders to regularly convert class notes to studyable outlining material the same way I viewed my coach’s recommendation to check on my pumpkin daily. Over the last few years, I've discussed the importance of outlining as early as orientation and as late midterms exams. Regardless of the timing, students remained suspicious of the virtues of a daily outlining regiment. Much like the saying "you can lead a horse to water..." I struggled to make the students "drink in" my advice. Then it hit me: I needed to manufacture a "stem rot awakening" for my students.
This semester I scheduled a full-fledged practice exam, closed book and given under exam like conditions, during week five of a sixteen week criminal law course. Even though the exam was only graded pass/fail based on a good faith effort, students took the exercise seriously. I mentioned the practice exam on the first day of class, but only spent about 15 minutes suggesting how to assemble their class notes to study. Instead of lecturing on outlining, I simply recommended that the students implement whatever studying approach they thought would be beneficial. In other words, I left the students to their own devices. As soon as the students completed the practice exam, they received a sample answer and then were asked to reflect on their study habits. Many of the students saw "rot" in their Bluebooks, and were immediately interested in whatever study strategies I could recommend.
Post-exam I gave a more lengthy lecture about how best to study for law school exams, and invited students to make individual appointments with myself or a Dean's Fellow for additional feedback on their current note taking and outlining strategies. It's been less than two weeks since the mock exam, and more than half of the class has voluntarily come to see me or a Dean's Fellow. Lastly, hoping to capitalize on their newfound willingness to engage, I also launched a study group matchmaking service a few days after the mock exam. (More about that soon!) Although the students were a bit shocked by the mock exam experience, they are also happy to have the opportunity to remedy any soft spots before the midterm exam.
Caveat: I teach one section of our first-semester criminal law course. If you don't teach a substantive course, you could partner with another professor for this exercise. (Kirsha Trychta)
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)
Friday, September 8, 2017
A summer article posted on Inside Higher Ed looked at whether groups work for everyone and how to improve the experiences. The post by Margaret Finnegan, Department of Criminal Justice at California State University, Los Angeles, is here. (Amy Jarmon)
Thursday, September 7, 2017
Last term I went for the lunch and came away hungry...hungry to learn more about learning!
That's right, our campus "Office for Teaching & Learning" brought in a special speaker to share with us her tips on best practices for teaching our students to learn. Her name - Dr. Maryellen Weimer.
Wow; she was an amazing speaker because, for the most part, she spoke very little but got us thinking and working collaboratively with others on how it is that we learn, how our students are doing in their learning, and what sorts of things we are seeing within our classrooms that might best encourage learning.
In short, we were working harder than Dr. Weimer in thinking about learning. It was no "free lunch," at all. But, it was one of the few lunch presentations that I can still recall, and better yet, find invaluable to my teaching.
That brings me to the issue of what might be the so-called "best practices" for engaging ourselves in learning-centered teaching with our students. Fortunately, Dr. Weimer has written a brief article entitled "The Five Characteristics of Lerning-Centered Teaching," which summarizes her work in helping faculty become better teachers.
As academic support professionals, this is an excellent link to share with your faculty.
In the interim, let me briefly summarize the list of five characteristics by asking a series of short questions that you might ask of your faculty:
First, are you working harder at learning than your students? If so, then you might be working too hard at teaching your students, so much so, that you are doing the learning for them. That is to say, they might not be learning because they aren't really challenged to learn and don't really have to learn since you are doing most of the learning for them.
Second, are you teaching your students the content by embedding skills within your instruction? If not, then, you are - again - doing the learning for your students because learning requires active engagement in critical thinking, evaluation of the evidence, analysis of the arguments, and the generation of hypotheses, hypotheticals, and examples.
Third, are you asking your students what they are learning and how they are learning? If not, take time both in casual conversations with your students and in more formalized classroom exercises for reflection on how it is that we (ourselves and our students) learn.
Fourth, are you sharing the learning responsibilities with your students by giving them some measure of control over how they learn? If not, try working collaboratively with your students, for example, to create assessment criteria for assignments or even establish due dates for some assignments within a window of available dates.
Fifth, are you promoting collaborative learning in engagement with other students within rich learning communities? If not, look back at that word "rich." Too often, our students are not learning deeply and well because they treat learning as a "solo" experience - an experience not to be shared with others. But, as any teacher will tell you, the best way to know something is to teach it to others. That means that we should devote part of our classroom learning exercises to teaching our students how to learn collaboratively with others, i.e., how to learn from and with others.
Perhaps by the best way to summarize the article might be in quoting Confucius:
"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest."
I take the first - reflection - to be the at the heart and soul of great experiences in learning. I take the second - imitation - to be going to classes, taking notes, and receptively re-reading them in the hope that some of what the professor said might rub off on me. I take the third - experience - as the "trial by fire" method of learning in which students spend most of the term reading cases, creating case briefs, observing lectures, and developing massive course outlines without ever tackling actual final exam problems until it is too late (i.e., on the actual final exam).
With this list in mind, feel free to join me as I try to step back from the podium and the front of the classroom to better engage with students in the actual process of learning-centered teaching. (Scott Johns).
Monday, September 4, 2017
In our current world of formative assessment, readers may be interested in a July article by Jennifer Cooper and Regan Gurung on SSRN regarding their empirical analysis of law student study habits. The article can be found on SSRN at Smarter Law Study Habits.
Jennifer sent me the following short description of the article:
"The article features findings from the first learning strategies survey designed specifically for law students, the Law Student Study Habits Survey, developed in collaboration with a Ph.D./ learning strategy expert. In a nutshell, early and frequent use of practice “testing” (multiple choice, short answer, hypos, professor’s past exams, etc..) and elaboration were positively correlated with law GPA, while more passive learning strategies typically relied on by law students – reading and briefing cases, outlining, and cramming, without practice applying the law – were negatively correlated with law GPA."
Sunday, September 3, 2017
Hat tip to Gonzaga's Sandra Simpson, Associate Professor of Legal Research and Writing and Co-Director of the Institute for Law Teaching and Learning, for sharing her blog post on the ILTL website. The link is http://lawteaching.org/2017/08/28/the-easiest-technology-for-doing-the-hard-work/ and gives a quick summary of her technique using questions on Mentimeter to help her students understand Bloom's Taxonomy. (Amy Jarmon)
Tuesday, August 29, 2017
You may recall from part one of this multi-part series that this year I decided to undertake a new and difficult task (specifically, to grow a giant pumpkin) in hopes of gaining more insight and perhaps empathy for what it's like to be a first year law student. Here’s my second lesson:
The novice and the expert should work together at the start of the endeavor to articulate reasonable expectations for a first project, second project, third project, and so on, which will enable the novice to continually assess herself in light of both current expectations and future expectations.
After you’ve identified the seed that you’ll be planting, you have to establish a planting schedule. Most expert growers begin their season in April with the help of greenhouses, heated soil cables, and indoor grow lights. By planting a seed in April (as opposed to waiting for the last frost in late May), the expert squeezes in several more weeks of growth before the October harvest. Ideally those extra weeks of growing will translate into additional pounds on weigh-off day. This novice, however, was not enamored with the idea of caring for a seedling indoors, while still teaching spring semester courses. So, I had a choice to make. My expert-coach and I then discussed a reasonable goal for a Level One grower. We settled on getting a pumpkin to grow and survive until October, regardless of its size, shape, or color. Next time (I’m making a big assumption here), I could focus on all the Level One details plus shape or size. Then, in a future year, I could hone shape and size.
With the Level One goal firmly established and no longer focused on the potential bonus pounds, I agreed to start the seed indoors in early-May. (I was pretty confident I could simultaneously watch a pot of dirt and grade final exams.) I kept the tiny plant inside until Mother Nature gave the all clear that it was safe to move outdoors. My “late” start in May put me behind the expert growers from the very beginning, but right on target for my Level One goal. Throughout the summer, I was able to measure my progress against other rookies while also taking note of what I would need to do next time if I wanted to compete with the experts.
Below you can see my pumpkin plant making its debut outside on June 3. 2017.
This multi-level plan, where each level becomes increasingly more complex than the last, aligns nicely with ABA Standard 314 regarding formative assessment. For example, in the legal writing context, a multi-level plan might look like this:
Too frequently, students learn the basics of legal writing in their first-year and then inaccurately conclude that the same quality of work will be acceptable on a future project. Arguably, the novice will be in a better position to appreciate the long-term game plan if presented with the entire strategy at the outset. Sharing each level with the learner at the outset should aid a student in understanding that what might earn them an “A” on a Level One project will not earn them an “A” on a Level Two project, such as a law review note or seminar paper. Rather, the benchmark for minimal competence will continue to evolve as the student become more familiar with the foundational skills.
Having firmly established and identifiable benchmarks for each level also enables the student and professor to have a meaningful conversation about expectations. For example, a moot court coach is better positioned to explain that although a particular appellate brief would be “passing” in any Appellate Advocacy course, the work product is insufficient for success at a Moot Court Competition. In addition, establishing the big picture at the outset allows the professor to focus on level-appropriate feedback. As I discussed in the first post, less is more with regard to feedback. Therefore, if a professor and student both know that the student is working on a Level Two project, then the professor can focus her feedback on the skills unique to Level Two success. Meanwhile, the professor can refrain from offering detailed feedback about the skills that will be learned in Level Three.
In short, I suspect that a majority of legal writing programs have firmly established benchmarks for each writing course or year of matriculation. This novice’s advice is to share the big picture with the students at the very beginning, so that both the professor and student can readily and accurately articulate where the students falls on the scale from novice to expert. (Kirsha Trychta)
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)
Wednesday, August 16, 2017
First, I would like to acknowledge the entry by my colleague OJ Salinas titled “Focusing When You’re Frustrated and, Potentially, Frightened: Some ASP Thoughts Following Charlottesville.” He expresses a part of my inability to be optimally productive and focused this Monday. I did not realize that my inability to focus was related to all the news I listened to and watched throughout the weekend. I hope that we can all take time to gather our thoughts and feelings, sit with our emotions, determine how we will manage our emotions and function effectively for our students.
Now, on to address what the title states. As students throughout the country prepare to and attend orientation programs, they are enthusiastic and anticipate the start of something they may have dreamt about their entire life or that grew out of an experience or an acquired passion. As I observe new students make their way through the building, stop by to say hi, and ask upper level students a number of questions, I smile because this marks the start of a new academic year. It also reminds me of the excitement I felt at the beginning of my law school career more than a decade ago. However, my journey to law school was not as smooth and exciting.
As a college student, I recall deciding that I wanted to attend law school and visiting the academic advisor responsible for students with a pre-law interest. This advisor was not very kind to me neither did she appear enthusiastic while engaging in conversation with me. She tried to deter me from pursuing my aspiration while providing several justifications, many of which were unfounded, as to why law school was not for me. I would later learn that this advisor also attempted to discourage several other young women of color from attending law school. How unfortunate! Without a strong support system which included each other, and our motivation to attain our dreams, we (young women of color and me) could have given up on our law school aspirations. But instead, we remained determined, asked questions, shared information, got involved with various pre-law organizations, and forged our own paths to our dreams. We would have never made it to law school otherwise. Words are powerful and can impact one’s journey in life in both positive and negative ways. If I did not know the person I am or had accepted the advisor’s perception of me, then my potential in life would have been significantly limited.
As Academic Support Professionals prepare for or start the new academic year, it is important that each of us considers what we utter to our students or how we communicate with them. We cannot put all students in a box simply because they exhibit similar behavior or characteristics. Every individual student is their own person with their own strengths, weaknesses, and life experiences which might dictate how they react to certain situations. We should encourage students but this does not mean providing them with a false sense of hope or confidence. We should be open to the differences in approach and process of all students as we might learn something along the way. We are partners with our students as they determine their path, build skills, and reach their goals. Even with the most confident student, negative words uttered to them or about them cloud their positive outlook, motivation, and determination. This is not to say that we should be silent about negative things but we should be strategic.
All the best to students embarking on their law school career! I would encourage you to listen to advice but also keep the advice in perspective. You are in law school because your institution believes that you are capable of being successful in law school but don’t let that go to your head because you still have to work hard. All the best to Academic Support Professionals as well (Goldie Pritchard)!
Tuesday, August 8, 2017
Before the start of each new semester, I send an email to each colleague who will be teaching a bar exam tested subject that semester. I offer some general information about the bar exam and some targeted information about how their particular subject matter is tested on the bar exam—based on a compilation of details gleaned from NCBE outlines and a comprehensive MEE indexing project (Download MEE Pathfinder) performed by our dedicated library staff. Although the list is far from perfect, my colleagues have reported that they find the information useful as they prepare syllabi and select topics to cover within the course. Below is my email template. Feel free to use it, if you find it helpful.
Your subject matter [is / is not] tested on the multiple-choice section of the bar exam.
Generally speaking, the multiple-choice section consists of 200 multiple-choice questions: 175 scored questions and 25 unscored pretest questions. The 175 scored questions on the MBE are distributed evenly, with 25 questions from each of the seven subject areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. Students have 6 hours to complete this section of the exam (i.e. about 1.8 minutes per question).
With regard to your course, [add the specifics for the multiple-choice topic from the master list below.]
Your subject matter [is / is not] tested on the essay section of the bar exam.
Generally speaking, the essay section consists of six 30-minute questions. Areas of law that may be covered on the essay section include the following: Business Associations, Civil Procedure, Conflict of Laws, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates, and Sales & Secured Transactions. Some questions may include issues in more than one area of law, and the particular areas covered vary from exam to exam. The [local jurisdiction does / does not] test state-specific rules on the essays.
With regard to your course, [add the specifics for the essay topic from the master list below.]
Master Subject List
The five most commonly tested subtopics on Business Association essays are: identifying which business association would suit the client’s needs, the requirements for formation of a partnership, liability to third parties, the fiduciary duties of officers/directors within a corporations, and agency issues.
Conflict of Laws
Conflict of Laws issues are embedded in the other essay topic areas. They do not appear as stand-alone questions. Historically, conflict of laws questions are most frequently paired with family law issues, especially child custody issues.
Approximately two-thirds of the civil procedure multiple-choice questions are based on jurisdiction, venue, pretrial procedures, and motions practice. Other subtopics— such as conflict of laws, jury trials, verdicts, judgements, and the appeals process—account for the remaining one-third of questions.
With regard to Federal Civil Procedure essays, the examiners ask questions about jurisdiction substantially more than they ask questions about the actual rules. The four most common Civil Procedure topics are personal jurisdiction long arm / minimum contacts statutes, federal question jurisdiction, diversity jurisdiction (especially the amount in controversy), and joinder of parties.
Approximately half of the constitutional law multiple-choice questions are based on individual rights. The other half are based on judicial review, separation of powers, and federalism.
The most commonly tested subtopic on the Constitutional Law essays is freedom of speech, followed closely by the equal protection clause.
Contracts & Sales
Approximately half of the contracts questions are based on contract formation and performance / breach. The other half of the questions are based on defenses, parol evidence, remedies, and third party rights. Of the 25 total questions, one-quarter are based on Article 2.
The four most commonly tested subtopics on Contracts / Sales essays are: offer and acceptance, statute of frauds, accord and satisfaction, and anticipatory repudiation.
Criminal Law & Procedure
Approximately half of the questions will be based on criminal procedure and half will be based on criminal law. Within criminal law, the examiners tend to distribute the questions equally across four categories: homicide, all other crimes, inchoate offenses, and general principles.
The examiners rarely ask criminal law essay questions and only occasionally ask criminal procedure questions. The five most common topics are inchoate offenses, homicide, fourth amendment, Miranda, and the exclusionary rule.
Evidence multiple-choice questions are typically divided up as follows:
Presentation of the evidence: 25%
Privileges & Writings: 9%
The three most commonly tested subtopics on the Evidence essays are: relevance, character evidence, and use of prior inconsistent statements.
The four most commonly tested subtopics on Family Law essays are: how to get divorced, property division, “best interests of the child” standard, and child support obligations.
The examiners divide the questions up equally among five categories: ownership interests, rights in real property, real estate contracts, mortgages, and titles.
The four most commonly tested suptopics on the Real Property essays are: recording statutes (race, race-notice), easements, deed warranties, and landlord-tenant leases.
The five most common subtopics on the Secured Transactions essays are: collateral classification, purchase money security interests, debtor/creditor rights of attachment, perfection, and priorities.
Half of the multiple-choice questions will be based on negligence. Intentional torts, strict liability, and “other” torts account for the other half of the questions.
The most common subtopic on the Torts essays is negligence (duty, breach, and causation), followed by the doctrine of respondeat superior / vicarious liability.
Trusts & Estates
The six most commonly tested subtopics on the Trusts & Estates essays are: benefits of creating a trust/will, how to create a trust, modification of a trust, future interests / remainders in trusts, validity of a will, and intestate distribution.
Tuesday, August 1, 2017
I have read multiple articles (including Goldie Pritchard’s 2016 blog post) that the best way to remind yourself what it is like to be a first-year law student it to try something totally new. That sounded like a good suggestion, so earlier this year I intentionally set out to be a novice at a difficult task and mindfully soak in the experience. I decided to grow a giant pumpkin. I have never grown anything myself, let alone something “giant.” My husband, however, has been growing everything and anything—including big pumpkins—competitively for several years. He is an expert. Over the last few months, I’ve learned a lot about what it is like to be a novice. Here is lesson number one.
Novices are blissfully unaware of the extensive criteria an expert takes into consideration when making an important decision in their field, and if confronted with all of the available options the novice may become overwhelmed.
Step one in giant pumpkin growing is seed selection. As a newbie, my plan was to simply use something from my husband’s seed collection. He has hundreds in a large bin, after all. I looked at a couple of packages, spotted an attractive looking specimen, and made my decision. The whole process took less than 5 minutes. My husband sat there stunned, horrified. “You’re done already?” he wondered aloud. You see, there are dozens of factors an expert grower takes into consideration in seed selection: parent plants, color versus size, history of known genetic defects, and the prestige associated with the original grower, just to name a few. As my husband began to explain all of my options, I quickly did not care for the seed selection process anymore. It was too much information and too many decisions at a time when I still was not convinced that there was any real difference between a 1912 Carter and a 2106 Schmit. I went from happy and confident in my ability to quickly select a seed to second-guessing everything about my choice. I changed my mind several times and shut down emotionally. I wanted to quit. I eventually took the easy choice: I would grow a seed from my husband’s own pumpkin. There was absolutely no sophistication to my analysis, but that was the best I could do under the weight of the endless choices.
This got me thinking about hierarchy of authority in legal writing. Students must look at the vast array of cases and statutes on Westlaw (or, dare I say, Google) the same way I looked at my husband’s bin of seeds—as a collection of seemingly equal options from which to choose, with little regard for the finer distinctions. Our students are likely overwhelmed by basic case information that to us experts seems straightforward. First semester students likely see little difference between the judicial opinion of a court of last resort in a neighboring jurisdiction and the intermediate appellate court decision of the controlling jurisdiction. In fact, the former might prove to be a more attractive option to the student than the latter.
This novice’s recommendation: Provide less information initially, and then dole out additional information in small strategic chunks over a period of time, even if it means the novice might risk making a poor initial choice. Let the novice make a small, perhaps less sophisticated choice confidently and then learn from their mistakes. The novice would appreciate less information, not more. Rather than being overwhelmed with all the options, let the novice decide a few basic decisions. Once they understand the fundamental decision making process, layer on the additional choices. Repeat the process until all the expert factors are imported into the decision making process.