Sunday, May 8, 2016
Cognitive scientists have collected data showing that students learn best when they are actively engaged in the material. . . . [I]nformation gets into our long-term memory only if we spend time thinking about and processing the information. . . . ¶ This research explains why active learning methods are so successful. When we ask students to apply course material in a problem or case study, we are really asking them to think about the material. This process of intellectual engagement is more likely to get the information into students’ long-term memory."
EXPERIENTIAL EDUCATION IN THE LAW SCHOOL CURRICULUM
(Carolina Academic Press)
The annual Teaching Advocacy Skills conference sponsored by Stetson University College of Law in Gulfport, FL will take place on May 23-26. This year's theme is Teaching Skills: Building the 21st Century Law School-One Student, One Skill, One Moment at a Time and there's still time to register if you're interested in attending. You can get all the details by clicking here (including the cost of registration, accommodations, etc.). Below is an overview of the conference goals along with a schedule.
Stetson's annual Educating Advocates: Teaching Advocacy Skills conference will take place Monday afternoon, May 23, through Wednesday, May 25, 2016, on our beautiful campus in Gulfport, Florida. Attendees will spend two and one-half days developing their teaching skills, learning new techniques, and networking with some of the most recognized names in advocacy teaching. Everyone will leave well-equipped to empower their students to become better advocates.
On Thursday, May 26, 2016, we will offer an optional full day Teacher Advocacy Training (TAT) session. This program will focus specifically on designing individual, short-term, and long term advocacy training calendars for firms and government agencies, to include practicing teaching methodologies and initiating internal advocacy teaching programs within your organization. Attendees will be taught how to critique and how to teach others to critique as well. There will be an additional charge to attend this training session. Space will be limited due to the hands-on nature of the training and critiquing that will occur.
Main Conference Agenda (We reserve the right to make changes to this Agenda.)
Monday, May 23 (12:00-6:15 p.m.) Welcome and panel discussions NEW START TIME!
Tuesday, May 24 (9:00 a.m.-6:00 p.m.) Panel discussions and break-out sessions
Tuesday, May 24 (6:15-8:30 p.m.) Awards Reception and Dinner
Wednesday, May 25 (9:00 a.m.-5:00 p.m.) Three concurrent sessions:
- On Paper vs. In Person (all first time attendees should attend one session)
- Psycho Drama
Note: Wednesday's program has been designed so you can attend one session in the morning and another in the afternoon.
Thursday, May 26 (Optional Program, Additional Fee)
Teacher Advocacy Training (TAT)
9:00 a.m.-5:00 p.m.
The Institute will be holding its summer conference at the Washburn University School of Law:
The Institute for Law Teaching and Learning 2016 summer conference will address the many ways that law schools are preparing students to enter the real world of law practice. With the rising demands for "practice-ready" lawyers, this topic has taken on increased urgency in recent years. How are law schools and law professors taking on the challenge of graduating students who are ready to join the real world of practicing attorneys? Can we be doing more?
Workshops will address real-world readiness in first-year courses, upper-level courses, required courses, electives, or academic support teaching. Workshops will present innovative teaching materials, course designs, and curricular or program designs. Each workshop will also include materials that participants can use during the workshop and also when they return to their campuses.
ILT conferences are always exciting and a place for creative people to talk. For more information and the schedule, please click here.
Villanova has an opening for a (one-year) visiting Legal Writing Professor for the coming year. Our Legal Writing department is extremely collegial and well respected by the entire faculty. The students are also a collegial group. We are in a very attractive suburb about ten miles to the west of Philadelphia. Here is a link to the official announcement.
Given that legal advocates influence the outcome of cases and thus the development of doctrine, lawyers participate in creating the law. Their participation in lawmaking places an ethical obligation on them.
Although lawyers seek to persuade, they also have a responsibility to help create good outcomes and good doctrines. This responsibility imposes an ethical obligation on them care not only about their clients, but also about the law’s development.
Professor Robert Kuehn has been studying the costs of clinics and other types of experiential education for several years. He has now summarized that research on the Best Practices for Legal Education blog.
Clinical Costs: Separating Fact from Opinion by Robert Kuehn.
"It is time to put to rest the canard that costs prevent the expansion of experiential courses or a required clinical experience for all students. Every school can afford to provide 15 credits of experiential coursework for its students, including a mandated law clinic or externship experience. The facts show that it is the wills of the ABA, state bar admission officials, and law school deans and their faculties, not the costs of clinical legal education, that are obstructing that progress."
Saturday, May 7, 2016
From Greenhorn Legal.com., here’s a tip. Ask for a precise amount that is not a round number:
Precision conveys the impression that the job candidate has done extensive research and deeply understands the market for his services, said Malia Mason, the lead author of the paper and a professor at Columbia who teaches a course on managerial negotiations. When people use round numbers, by contrast, they’re conveying that they have only a general sense of the market rate for their skills.
…In one experiment, Ms. Mason and her team had 130 sets of people negotiate the price of a used car. When buyers suggested a round anchor, they ended up paying an average of $2,963 more than their initial offer. But buyers who suggested a precise number for a first offer paid only $2,256 more, on average, than that number in the end.
You can read more here.
Friday, May 6, 2016
Inc.com offers a list of things that polite, successful people do not do when meeting other people:
- They never stay in place.
- They never call you what you don't ask to be called.
- They never touch unless they are touched first.
- They never try to take before they give.
- They never let on they know more than they should.
- They never ignore the elephants.
- They never gossip--or listen to gossip.
- They never speak just to spread the greater glory of themselves.
- They never push their opinions.
- They're never bored...with you.
- They neverstopbeing polite.
For full explanations, please click here.
We're long overdue for a check-in with the Girl's Guide to Law School blog which sent us a reminder about a series of excellent posts they'd previously published about why and how law students should be using social media to start marketing themselves while still in law school. The first of these posts features an interview with Jared Correia, a law practice consultant with the Massachusetts Law Office Management Assistance Program (LOMAP), who discusses the pitfalls of starting a solo practice right out of law school. Another post from Mr. Correia describes how students can make more effective use of social media while still in law school to start building a "brand;" particularly with popular sites like LinkedIn to Twitter. Indeed, GGTLS's Alison Monahan reminds us that she's written her own "manifesto" about why every law student should be using Twitter to network and market themselves.
While you're at it, consider signing up for the GGTLS weekly newsletter here.
Thursday, May 5, 2016
Recently, my law school’s alumni association held its annual brunch for 3L law students. My colleague Anne Bowen Poulin served as the speaker. Among the pieces of advice she offered, one particularly struck me:
When you receive invitations or have opportunities to engage in pro bono and other public service activities, say “yes” more often than you say “no.” In your later years, you never will say, “I wish I had done less.” You will say, “I wish I had done more.”
Wednesday, May 4, 2016
Work Drive Matters: An Assessment of the Relationship between Law Students' Work-Related Preferences and Academic Performance
Multitasking is actually kind of a problem — for kids and adults by Hayley Tsukayama.
But Michael Robb, the group’s director of research, said multitasking should no longer be seen as “some desirable trait that makes you the best 21st-century worker.”
Multitasking is a problem in a couple of ways, Robb said, citing recent neuroscience research on the practice. “Many people think multitasking does not hamper your ability to get things done,” he said. “But multitasking can decrease your ability to get things done well, because you have to reorient. That causes a certain level of cognitive fatigue, which can slow the rate of work.”
After all, you never get something for nothing, and it makes sense that splitting your focus wouldn't be great for improving your productivity.
“You’re not encoding memories in the way you should be” when multitasking, Robb said. “If I’m browsing on Facebook while a lecturer is talking, I’m not forming memories that I need to retrieve later."
"Heavy media multitaskers had a harder time filtering out irrelevant information. In other words, they may have developed a habit of treating all information they came across with equal attention instead of allotting steady attention to a particular task."
But looking at what's out there, there seems to be some strong suggestion that while all this multitasking is helping us feel productive, it's not actually letting us be that productive.
From Education Week:
A federal appeals court's decision to side with a transgender student who sued after his school restricted his restroom access could have far-reaching implications for schools around the country that have lacked legal clarity on this divisive issue.
The decision was called "a major turning point" by the Gay, Lesbian & Straight Education Network, and it could help set the tone for discussions about accommodations for transgender students nationwide, school law experts said.
A federal district court judge in Virginia erred when he did not defer to the U.S. Department of Education's interpretation that a regulation created under Title IX of the Education Amendments of 1972 applies to gender identity, a three-judge panel of the 4th U.S. Circuit Court of Appeals, in Richmond, Va., said in a 2-1 decision this week.
You can read more here. At my school, there is an unmarked, single-stall restroom. It is freely available, but I don’t think most students are aware of it.
Tuesday, May 3, 2016
Teaching (About) Mindfulness: A Tale of Two Courses by Peter H. Huang.
Martin J. Katz and Phoenix Cai to Give Keynote Address at Emory Law’s Fifth Biennial Conference on Teaching Transactional Law and Skills - June 10-11)
From Professor Sue Payne at Emory:
"At Emory University Law School’s upcoming June conference focused on the art and science of teaching transactional law and skills, the dynamic duo of Martin J. Katz and Phoenix Cai will deliver a keynote address entitled – “Encouraging this Particular Form of (Very Fun) Madness – Roles for Deans and Faculty Members.”
Marty Katz is Dean and Professor of Law at the University of Denver, Sturm College of Law. Under his leadership, Denver Law developed and implemented a major strategic plan that included initiatives in experiential learning and specialization. He is a founding board member of Educating Tomorrow’s Lawyers, a national consortium of law schools that serve as leaders in the experiential education movement. Dean Katz’s recent publications include “Facilitating Better Law Teaching – Now” (Emory Law Journal) and “Understanding the Costs of Experiential Legal Education” (Journal of Experiential Learning).
Phoenix Cai is the founding director of the Roche International Business LLM Program and Associate Professor of Law at the University of Denver, Sturm College of Law. The Roche LLM in International Business Transactions is an intensive and experiential graduate program designed to train both U.S. and foreign lawyers in private transactional law. Prior to joining Denver Law, Professor Cai was a corporate lawyer specializing in both domestic and international mergers and acquisitions, banking, finance, and securities law.
Don’t miss this opportunity to hear Dean Katz and Professor Cai share their thoughts about how deans and faculty members can promote excellence in transactional law and skills education.
For more information about the Conference, including a list of the many other esteemed presenters and the topics they will cover, go to our conference website. If you would like to register for the Conference, please go here."
Recently, Professor Aaron Taylor addressed this subject during an interview on NPR’s All Things Considered. Here is an excerpt:
Well, when we talk about the proportional increase in black and Latino students, it really is a direct reflection of huge decreases in the number of white students - some 9,000 fewer white students enrolled in 2015 than had enrolled in 2010, and some 1,300 fewer Asian students. And so these are proportional increases as opposed to real number or actual number increases.
You can read the entire interview here.
Monday, May 2, 2016
Reducing the Cost of Legal Education: The Profession Hangs Together or Hangs Separately by Victor James Gold.
The first section of this essay briefly recounts the events of these years of crisis in legal education. That discussion suggests that, while significantly cutting the cost of legal education is the only effective way to deal with that crisis, some of the same forces that created the crisis in the first place undermine the ability of law schools to pursue such a strategy. Those forces include the national law school rankings and unnecessary requirements imposed by the organized bar. The next section describes ways in which the legal profession responded to the crisis in legal education. Much of the profession’s initial response, from the ABA to members of the Supreme Court to the President himself, was uninformed, politically motivated, and focused on passing judgment while also passing the buck. In fact, the response of the profession continues to make it more difficult for law schools to pursue a strategy of cutting costs. This essay argues that the factors that drove up the price of a legal education will be easier to tame if there is a concerted and constructive effort by the entire legal profession to facilitate the controlling of costs. The stakes are high, since the very future of the profession will turn on whether legal education is once again financially accessible to the American middle class. We either hang together or hang separately."
Insights from Psychology: Teaching Behavioral Legal Ethics as a Core Element of Professional Responsibility by Tigran Eldred
For the last few years, I have been researching the effects of brain biases on lawyers. This research resulted in chapter 6 (cognitive biases) of my book Developing Your Professional Identity: Creating Your Inner Lawyer (2015). Now, Tigran Elred has written an article on how he teaches behavioral legal ethics in his professional responsibility class.
This is the opinion of the Committee on Ethics of the New York State Bar Association:
A law firm may bill a client for work performed by a student-intern despite the fact that the law firm does not pay the intern, because the intern receives academic credit for the work, as long as (i) the internship program complies with applicable law, (ii) the educational institution does not object to the client charges, and (iii) the charge is not excessive.
Remarkable. You can access the Opinion 1090 here.
Sunday, May 1, 2016
There is an important new study on how individualized feedback affects students in the first year of law school.
The Impact of Individualized Feedback on Law Student Performance by Daniel Schwarcz & Dion Farganis.