Law School Academic Support Blog

Editor: Goldie Pritchard
Michigan State University

Monday, June 29, 2020

My Lifelong Frenemy

As I sat down to put fingers to keyboard for my first blog post, I found myself overwhelmed. Overwhelmed by the sheer number of ideas swirling around in my head. Overwhelmed by my thinking that this post must be perfect, thoughtful, groundbreaking, and transcendent. I was convinced that this post must be rainbows and unicorns rolled into one, it must be as mellifluous and powerful as Aretha Franklin’s voice, it must be everything to everyone, and it must be nothing to no one. 

It took me about 20 minutes to ask myself the obvious question (beyond the other obvious question of why I would set the bar anywhere near the otherworldliness of ‘Retha): “why, exactly, must your first blog post be all of these things?” In that moment, I realized the pressures I felt are traceable to a lifelong frenemy that, much like a phoenix, continues to rise from the ashes: imposter syndrome. Imposter syndrome is characterized by one’s persistent feelings of inadequacy and self-doubt about their abilities or achievements, coupled with a fear of being exposed as a fraud despite those achievements and ongoing success.

Thinking about my old frenemy­ brought to mind a conversation I once had with a student. For the last couple of years, I have served as a panelist during our 1L orientation diversity and inclusion program. At the end of last year’s program, a student approached me to, among other things, thank me for sharing my 1L experience with imposter syndrome. 

I am a Black woman and first-generation college graduate who grew up with few socioeconomic advantages. To say law school was a culture shock would be an understatement. I spent most of my first year convinced the admissions office had erred in admitting me to the law school and much of my second and third years dismissing my achievements as “luck” and “waiting for the other shoe to drop” (i.e. for someone to realize that I was a fraud and did not belong at the law school).

At the end of my conversation with this student, they asked “when did you overcome imposter syndrome?” I do not recall what my answer was in that moment, but the question has triggered several deeply personal moments of introspection. When I think of that conversation, I know the honest answer to that student’s question would have been (and still is): “I’ll let you know.”

If I’m still trying to figure out how to consciously uncouple from vanquish my lifelong frenemy, it is incumbent upon me to be cognizant of similar challenges experienced by students and supportive in helping them work through—or past—those feelings of inadequacy.  To this end, today I renew my commitment to: name my frenemy unapologetically, serve as a sounding board and source of support for students battling imposter syndrome, remind those students of their strength and accomplishments, and encourage them to be kind to themselves.  I also commit to taking my own advice. 

(Victoria McCoy Dunkley)

June 29, 2020 in Diversity Issues, Encouragement & Inspiration, Miscellany | Permalink | Comments (0)

Sunday, June 28, 2020

Online Teaching: Students' Perspectives

About six weeks ago, I posted a question on Twitter: “Students, assuming we’re all doing online learning again in the fall, what do you want your profs to keep doing/stop doing/start doing?”

The tweet got a lot of comments from students, faculty, and parents spanning many disciplines and education levels. Naturally, plenty of responses were unhelpful (“Stop charging full tuition”), others were contradictory (“Synchronous classes!” “Asynchronous classes!”), and some had suggestions that I assume by now are obvious (“Provide closed-captions or transcripts for prerecorded videos.”) Some interesting themes and tidbits did emerge, though, and I thought I’d share:

Course materials. Students were enthusiastic for faculty to upload as many materials as possible as soon as possible—suggestions included scheduling material uploads (e.g., next week’s materials will be posted on Wednesday mornings) and uploading your lecture notes before class so students can follow along. Please don’t use slides that are only photos—when reviewing later, it’s difficult for students to know what the intended content was. Also keep in mind that students have limited access to printers at home; format accordingly.

Communication, in class and out of it. Clarity of assignments and expectations is paramount. Use the course homepage to post announcements, rather than expecting students to sift through their emails for course updates. Polls and discussion boards are largely ineffective for student engagement or facilitating conversation. Instead, encourage students to pose questions using the chat feature (which TAs can monitor for you, if you have a TA.)

Assessments: There were several calls for more frequent, smaller assignments rather than big assignments during the semester. Graduate-level students in particular requested final papers over final exams, to demonstrate depth of learning and thought rather than memorization. Students appreciated flexible deadlines where possible, as it relieved students of having to request (sometimes multiple) extensions. One commenter pointed out that middle-of-the-night deadlines do not necessarily benefit students residing in other time zones. When a timed final exam is necessary, make sure students can see the entire exam at first—it’s impossible for students to triage or manage their time effectively if the software shows only one question at a time and doesn’t allow a student to go back. For exams that inevitably go for many pages or include multiple questions, a cover sheet can help by explaining how many questions there are and how much each question is weighted.

Tech hacks for video transcripts: Faculty posted various suggestions to get transcripts of pre-recorded videos. Write out a script for yourself, which reduces your ums and ahs and also serves as a transcript after the recording is finished. Software-generated transcripts are generally pretty good, though you’ll have to edit them. Various platforms were suggested: YouTube, Kaltura, and Screencast-o-matic, along with the dictation functions on Microsoft Word, Google, and Google Slides. (If you’re not comfortable with your content being on YouTube, your videos can de-listed so they’re accessible by link but not by searching; you can also upload a video, download the transcript, and take down the video.)

Ask the students for feedback: They’re digital natives, plus they’re the ones taking your course. Professors have gotten good feedback from students, particularly when they explain why they’re asking (“My colleagues and I all noticed that by the end of the semester, few students had cameras on. This was very difficult for me as an instructor, because I realized how much I depend on non-verbal communication. Not seeing faces was really hard for me. On the other hand, there's clearly something going on. Research has shown that having cameras on can be stressful, and it's obviously not just one or two students without cameras. So what insights do you have? Should I not even bother trying to get people to connect with cameras? Should I leave it as an option? Why weren't most students turning their cameras on?”)

(Cassie Christopher - Guest Blogger)

June 28, 2020 in Teaching Tips | Permalink | Comments (0)

Saturday, June 27, 2020

AASE Scholarship: A Conversation for ASPers Wanting to Write More

The AASE Scholarship Committee will host a workshop on Friday, July 10 at 2pm Central for a casual conversation about scholarship for ASP-ish faculty. Everyone is welcome, no matter the status of your project—trust me, we run the gamut from “I feel like I want to write something” to “I have polished work product and a publication contract.” We’ll convene and then break out into small groups to brainstorm, motivate, troubleshoot, and generally support you in your scholarly ambitions.

Zoom info is in the google group.

Cassie Christopher, Marsha Griggs, DeShun Harris, Susan Landrum, and Kirsha Trychta put together this great event.

June 27, 2020 in Publishing | Permalink | Comments (0)

Friday, June 26, 2020

The Current State of the Bar Exam: It's NOT Great

Let’s talk about what’s been going on with the bar, and what our students have been dealing with. I would like to stress that these recent graduates will be the newest members of our profession. We owe it to them to care about their mental and physical well being. 

First, back in March and April, there was uncertainty about the bar in general. Would it happen? Would it be postponed? While the class of 2020 was already dealing with moving classes online, dealing with non graduation, losing jobs they had already secured, now there is the uncertainty of the bar exam.

Sure, we were all dealing with uncertainty at that point, and still are. But I feel like this is different. This is going from looking forward to celebrating something you’ve worked so hard for, and potentially having your future figured out, to complete uncertainty.

In late April, and early May, states started announcing their decisions. Some were going to go ahead with July, some were postponing until the Fall. For those states that postponed, this meant students were now burdened with the stress of potentially changing housing plans, or figuring out how to finance their life (you know, a roof over their head and food to eat) for two extra months.

Added to that, some states like Rhode Island, didn’t even announce a decision until June! Leaving students wondering if there would be a bar exam to sit for, and if not where might they take the bar?

In the midst of all of this some states were restricting seats, leaving students to wonder if they would even get to take the bar exam. And oh right, the fees paid were non refundable. Because hundreds of dollars is nothing to a student, right?

Now, added to all of this is the fact that it’s almost July, Covid-19 is still spreading, and in most states the cases are rising. But some states plan to go ahead with the July exam. With hundreds of people in a testing site. And no guarantee that they can provide for safe accommodations. In fact, multiple states have said that masks will not be allowed while testing, and some states are requiring test takers to sign waivers. 

 Yes, we all had to take the bar, yes, it’s hard for everyone. But we didn’t have to deal with this. We didn't have to wonder if we'd contract a potentially deadly virus. (On a side note, yes, the young people can die from Covid, and not everyone taking the bar exam is young. On top of that, let's not forget that many of our bar takers might be at high risk, despite age)

Students don’t know if they’ll have seats. Students don’t know if they’ll be safe. Students don’t know if they are risking their health and lives in order to be licensed. This is too much to put on the newest members or our profession.

Also, at least 3 states have announced that test takers must quarantine prior to taking the bar. While I appreciate this from a health and safety stand point, most bar takers can not afford to take stay in a hotel for 14 days. And, if they choose to not take the bar, they’re not getting a refund.

However, I think someone preparing for the bar, sums it up a bit better than I can.  (I have linked instead of sharing every tweet)

https://twitter.com/alittleleader/status/1275212808595136514?s=20

1 2 3 4 5




This is a really great and informative thread, that gives us insight into what students are going through. I haven't put every tweet here, because it's long. But please go to the link to read all of it. 

Students are worried about their health. They are worried about their livelihood. 

There are so many attorneys out there with a “life was rough for me, so it should be for you too” attitude. They have literally told these students to suck it up and deal with it. But none of us, I promise,  have had to deal with this. This is much more than the usual stress that bar students are under, and we need to recognize that. 

I’m at a loss, personally. I can’t imagine the stress that this class is under. There is nothing I can do individually but advocate for this class and support them. And I think, at the very least, we should all be supportive and empathetic, and understand that what we are asking of these bar takers is simply too much.

(Melissa Hale)

June 26, 2020 in Bar Exam Issues | Permalink | Comments (0)

Thursday, June 25, 2020

Considering Class Formats This Fall - Check Out This Article

In light of the ongoing debate about whether to proceed with online, hybrid, and/or in-person classes this fall term, here's a timely essay that explores the potential impact on student well-being and learning:  P. Huang, D. Austin, "Unsafe At Any Campus: Don't Let Colleges Become the Next Cruise Ships, Nursing Homes, and Meat Packing Plaints," forthcoming Indiana Law Journal Supplement (Jun. 16, 2020). https://privpapers.ssrn.com/sol3/papers.cfm?abstract_id=3635804   According to the authors, "[r]eopening campuses is a public bad (because of multiple negative externalities to students, staff, local communities, and faculty), inequitable (to immunocompromised, older, disabled, and at-risk groups), and an inferior option (in terms of educational efficacy) to socially responsible higher education." Id. at 20.  As a side note, with many states in flux concerning this summer's bar exam, this article provides food-for-thought as to whether bar exam administrations and supreme courts ought to hold in-person bar exams or rather instead move expeditiously to online bar exams or consider temporary diploma licensure options, especially in light of increasing incidences of COVID-19 at the time of this posting.  (Scott Johns).

June 25, 2020 | Permalink | Comments (0)

Zero-L - An Online Platform Option for Entering Law Students

Hat Tip to Adjunct Prof. Alan Blakley.... 

In light of the ongoing pandemic, here's a free online program created by Harvard Law School for possible consideration and/or adoption by law schools as we move towards the fall start for entering law students.  According to the introductory video, Zero-L is a free online program focused on helping entering law students develop confidence and competence in thinking like law students: https://online.law.harvard.edu.  Specifically, Zero-L indicates that it is designed as an "onramp" for law school students, regardless of background and experience.  For more details, please see the syllabus, available at the following link: https://online.law.harvard.edu/Zero-L_HLS_Course_Syllabus.pdf.

June 25, 2020 in Learning Styles, Study Tips - General | Permalink | Comments (0)

Wednesday, June 24, 2020

AALS-ASP Webinar on Self-Care

The AALS Section on Academic Support’s next Final Fridays Webinar, titled “Supporting Ourselves & Each Other,” will focus on self-care.

On Friday, June 26 at 1:00 EST, panelists Tracy Kepler (CNA Insurance), Danielle Kocal (Pace), and Courtney Lee (U. of Pacific McGeorge) will provide concrete suggestions on how we can implement self-care techniques like mindfulness, mind-body-connections, grit, and resilience into our everyday lives.  Jamie Kleppetsch (DePaul) will moderate the discussion.

AALS-ASP Final Fridays Webinar Series

“Supporting Ourselves & Each Other”

June 26, 2020

1:00 – 2:30 p.m. EST

CHECK OUT THE GOOGLE GROUP FOR LINK AND PASSWORD

Participation is free and open to all. The webinars will also be available for on-demand viewing later, via the members-only section of the AALS Section on Academic Support webpage.  The benefit of participating live is the ability to ask questions of our panelists and to engage in the discussion.

June 24, 2020 in Professionalism | Permalink | Comments (0)

Monday, June 22, 2020

Welcome Victoria McCoy Dunkley as Contributing Editor!!

V. McCoy HeadshotWelcome Victoria McCoy Dunkley as our newest contributing editor.  She will post regularly on Mondays.  Professor McCoy Dunkley joined the faculty at Northeastern University School of Law in 2017 and directs the law school’s Academic Success Program, which provides students with a variety of services to maximize their academic experience. Previously, she was the assistant director of academic support and bar readiness at Texas Southern University’s Thurgood Marshall School of Law. Professor McCoy Dunkley is a graduate of Vanderbilt University Law School, where she was a managing editor of the Vanderbilt Law Review. After law school, Professor McCoy Dunkley clerked for the Hon. Eric L. Clay of the US Court of Appeals for the Sixth Circuit and later worked as a litigation associate at Mayer Brown in Chicago. She also completed an LLM in environmental, energy and natural resources law at the University of Houston Law Center.

 

June 22, 2020 in About This Blog | Permalink | Comments (0)

Sunday, June 21, 2020

You Say My Existence Matters, Now What?

This is my leap of faith to be transparent with the hope that I am the voice of someone’s situation. Previous posts by me on diversity on this platform garnered unexpected responses, not in a positive way. I hope that the openness I see around me will allow all who read to receive my words. One thing I learned from my mother is to speak when you feel it is necessary and know that every word and action is a risk. Today, I feel it necessary to write. Let me forewarn you, this may be raw and heartfelt for some but not out of the ordinary for others.

I am a Black woman in law school academic and bar support. As simple as this seems, it is a weighted statement. I contend with a myriad of impressions, judgments, expectations, and stereotypes projected on me by virtue of being black, by virtue of being a woman, by virtue of being in a law school environment, and by virtue of being in academic and bar support. The word count does not permit me to fully explore each aspect but generated here is an outline for a paper. Expectations thrust on me in the professional environment about how I should carry myself, how I should dress, and how I should speak are abundant. Also thrust on me are expected and projected limitations in my ability to be successful and thrive professionally are daunting. I balance this all while carrying the weight of expectations of immediate family, extended family, adopted family, and community because “I made it”. Why didn’t I matter earlier when I expressed the struggles I carry?

I am touched by the individuals around me who check-in, ask if I am okay, tell me I am valuable, show care, express anger, and even apologize. I used to say I am okay but lately, I say I am not okay.  It is not because of all the happenings on the news, though I am significantly impacted by it, it is because those around me only seem to hear my voice now, but I am still invisible to them. I understand that for some it is too “real” to have a conversation that might highlight the fact that you injured me by your actions and inactions and made me feel less than and undervalued even though you thought you supported me. When will we have that conversation? Will you still be invested in me a month from now? Six months from now? Therein lies why I am not okay. Your silence makes me fearful that you are not committed.

As academic support and bar professionals, our focus and heartbeat are our students. I was once a black student, a female student of color. We need to examine ourselves and ask if we do not provide our colleagues of color with the care and support, then are we truly living up to the mission, values, and origins of law school academic support. I challenge my academic support colleagues and others who do not identify themselves as individuals of color or of indigenous populations to evaluate how they engage with colleagues of color and students of color. Please be proactive and intentional. Do not simply say you are an ally and you care but have no action to support your statement. Be courageous and willing to stand for and endure the consequences for something or someone you say you care about.  If you value me, you will see me, you will hear me, you will try to understand me, and you will empathize with me.

My experiences and life are not a trend; I am a human being just like your grandmother, mother, sister, cousin, and daughter. Please show-up as an ally and not simply as a bystander as I am destroyed by others. Someone once said, say what you mean and mean what you say. Honestly, I do not have all the answers and my concerns may be very different from the next person, but I call you to action and challenge you to:

  • Read and implement information from Law Deans Antiracist Clearinghouse Project on the AALS page[1]
  • Read the #BlackInTheIvory, while focused on higher education, information is applicable to black, brown, and indigenous colleagues and students in the legal arena[2]
  • “Cite Black Women”, persons of color or indigenous persons[3]
  • Use your power to occasionally give up your seat for the next person
  • Dismantle the “isms” for the rest of your life
  • Notice a silenced voice and amplify it
  • Share the microphone and spotlight
  • Be uncomfortable
  • Mean what you say
  • Use your power
  • Take a risk

If you expect the process to be perfect, I am sad to tell you it will not be. You are going to mess up and you might mess up a lot. You must start so start with someone who is open and will tell you the truth. I can be blunt on occasion and don’t speak for everyone, but you are more than welcome to start with me.

True change starts with you!

(Goldie Pritchard - Guest Blogger)

 

[1] https://www.aals.org/antiracist-clearinghouse/?fbclid=IwAR2Gh40j-iVhV1mnlfnX-qqNnl3-_vXBEfxc7DhbNWtrB4Olio6R-YJStQM

[2]#BlackIntheIvory was co-founded by Dr. Sharde Davis and Joy Melody Woods

[3] ”Cite Black Women” created November 2017 by Dr. Christen A Smith to push people to engage in citation that acknowledges and honors Black women’s intellectual product

June 21, 2020 in Current Affairs, Diversity Issues | Permalink | Comments (1)

Saturday, June 20, 2020

Assistant Dean of Academic Success and Bar Preparation at Detroit Mercy School of Law

University of Detroit Mercy School of Law seeks applicants for the Assistant Dean of Academic Success and Bar Preparation Department. This position is a tenure-track/administrative position.

Description of Position - Summary

The Academic Success and Bar Preparation Department is a critical department at Detroit Mercy Law. In recognition of the importance of this position, the Assistant Dean of Academic Success and Bar Preparation will hold both a tenure-track position and a twelve-month administrative position. As the director of this Department, the Assistant Dean develops, coordinates, and teaches programs and courses designed to support our students’ success at the School, on the bar examination, and in the practice of law. This Dean works with our students from orientation through bar passage. In addition, this Dean communicates with other faculty members to help them incorporate principles of learning theory into their classes. Finally, this Dean works closely with and supervises the Director of Bar Preparation. The exact title (Assistant Dean and Associate or Assistant Professor of Law) will be commensurate with experience.

Responsibilities

  • Develop and expand our current program of Academic Success, including consideration of the development of new courses to meet the needs of all of our students.
  • Participate in the planning and implementation of the School’s orientation for new students.
  • Teach new or established courses designed to develop the students’ ability to be self-regulated learners.
  • Serve as a resource for faculty in effective pedagogy and offer trainings for faculty to incorporate principles of learning theory into their teaching.
  • Collect and analyze data on the achievement of learning outcomes and bar passage and make changes to the Academic Success program based on that data.
  • Counsel individual students.
  • Identify and assist low-performing students needing additional skills development.
  • Supervise the activities of the Director of Bar Preparation.
  • Publish in accordance with the School’s policies for positions that are both tenure-track and administrative.

Mandatory Qualifications

  • D. with a record of high academic achievement from an ABA-accredited law school.
  • Admission to the bar in at least one U.S. jurisdiction
  • At least [2] years teaching academic support or bar preparation in a classroom setting
  • Excellent communication and interpersonal skills

Preferred Qualifications

  • Experience and/or educational training in learning theory
  • Experience providing culturally proficient instruction
  • Demonstrated ability to conduct data analytics
  • Demonstrated commitment to scholarship through publications and/or presentations
  • Experience working with vendors of bar examination courses
  • Experience with both academic support and bar preparation instruction
  • Experience with developing academic support courses
  • Experience handling institutionally-sensitive information

About Detroit Mercy Law

Detroit Mercy Law offers a unique curriculum that complements traditional theory and doctrine based course work with intensive practical learning.  Students must complete at least one clinic, one upper-level writing course, one global perspectives course, and one course within our Law Firm Program, an innovative simulated law-firm practicum.  Detroit Mercy Law also offers a Dual J.D. program with the University of Windsor in Canada, in which students earn both an American and a Canadian law degree in three years while gaining a comprehensive understanding of two distinct legal systems. 

Detroit Mercy Law is located one block from the riverfront in Downtown Detroit, within walking distance of federal, state, and municipal courts, the region’s largest law firms, and major corporations such as General Motors, Quicken Loans, and Comerica Bank.  The School of Law is also uniquely situated two blocks from the Detroit-Windsor Tunnel, an international border crossing linking Detroit with Windsor and Canada. 

Detroit offers a dynamic variety of culinary, cultural, entertainment, and sporting attractions.  See https://www.youtube.com/watch?v=DO4J_PC1b5M and learn more at https://www.nytimes.com/2017/11/20/travel/detroit-michigan-downtown.html.

Michigan’s largest, most comprehensive private university, University of Detroit Mercy is an independent Catholic institution of higher education sponsored by the Religious Sisters of Mercy and Society of Jesus.  The university seeks qualified candidates who will contribute to the University's urban mission, commitment to diversity, and tradition of scholarly excellence.  University of Detroit Mercy is an Equal Opportunity Affirmative Action Employer with a diverse faculty and student body and welcomes persons of all backgrounds.

 

To Apply

Applicants should send a cover letter with a current CV and any additional supporting materials (or any questions) to:

Professor Karen McDonald Henning, Chair of Faculty Recruitment

University of Detroit Mercy School of Law

651 East Jefferson

Detroit, Michigan 48226

[email protected], 313-596-0231

Materials will be accepted via email or regular mail.  Review of applicants will begin in July 2020 and will continue until the position is filled.

June 20, 2020 in Jobs - Descriptions & Announcements | Permalink | Comments (0)

Friday, June 19, 2020

Assistant Director of Academic Success and Bar Programs at University of San Diego

The University of San Diego is accepting applications for the Assistant Director of Academic Success and Bar Programs position.  The official announcement is here.

The Assistant Director of Academic Success and Bar Programs (ADASBP) reports directly to the Director of Academic Success and Bar Programs. The ADASBP is responsible for contributing to a positive student experience by providing academic success and bar exam support services to current law students and bar exam support services to recent graduates.

The ADASBP shall be assigned an instructor position in the area of academic support and/or bar preparation. Additionally, this position oversees confidential data for Academic Success, Bar Exam Programs, and other student information databases.

The ADASBP works in a collaborative relationship with all law school students, faculty, administrative offices, and university offices. The ADASBP also actively participates in implementing procedures to enhance the overall effectiveness and efficiency of Academic Success and Bar Programs. The ability to provide timely and accurate communication is an essential component of this position. This position requires occasional attendance at on and off campus events during and outside normal business hours. Some travel may be required.

Duties & Responsibilities:

Aid the Director in the Continued Development and Management of the Academic Success and Bar Preparation Programming
Review and improve upon current academic support programs for first year students including first year academic success fellows, 1L study groups, study skills workshops, and early outreach programs
Develop a comprehensive support program designed to aid students who transfer to USD law from other law schools
Aid in the development of the academic success program for students beyond their first year
Advise and work with students on all aspects of bar exam preparation • Host small group workshops on bar-exam related topics
As needed, assist the Assistant Dean for Law Student Affairs with the administration of the Academic Supervision and Probation programs
As needed, assist the Director in the general administration of the Academic Success and Bar Programs, including but not limited to working with the USD law faculty and communicating with commercial bar prep companies
Teach Course(s) Designed to Increase Bar Exam and/or Legal Analysis Skills
Provide instruction in connection with the department’s academic success and bar preparation programming, as needed and as determined by the Associate/Vice Dean, Assistant Dean for Law Student Affairs, and Director of Academic Success and Bar Programs.
Teaching assignments to occur in the Spring and Fall semesters, with continued instruction and support in summer for recent graduates preparing for the bar exam.
Work with Director to prepare curriculum for course(s) as needed and support Director’s efforts to improve and align curriculum with other instructors.
Provide one-on-one academic counseling to JD students
Hold regular office hours to work with JD students one-on-one to increase their overall academic skills
Provide academic skills tutoring for students in need and refer students to relevant written materials
Some personal and academic counseling may be required
Refer strudents to other counseling resources when necessary.
Manage confidential law school databases and processes relating to student academic information
In conjunction with the Director for Academic Success and Bar Programs and Assistant Dean for Law Student Affairs, manage, maintain and update informational databases, spreadsheets, and data reports relating to student performance, bar pass statistical analysis, Academic Supervision, academic success, and other areas as needed.
Provide support to Assistant Dean for Law Student Affairs in monitoring student academic status, including those subject to Academic Supervision.
Perform administrative duties
Perform administrative duties as necessary including effectively managing even budgets and costs, responding promptly to emails and phone calls, and attending meetings within the department, law school and university
Keep up to date on latest trends and practices within bar preparation, academic support and legal education. Attendance and active participation in Orientation and Commencement is expected.
Perform other duties or tasks assigned.

Minimum Qualifications:

JD degree required.
Admission to state bar required.
Preferred Qualifications:

Experience teaching, providing workshops, or trainings is preferred. California state bar admission preferred.
Experience teaching, providing workshops, or trainings is preferred.
Professional experience in a higher education or law school environment preferred.
Academic counseling or advising experience preferred.

Performance Expectations - Knowledge Skills and Abilities:

Excellent organizational skills and attention to detail is critical.
Proven skills in written and oral communication.
Demonstrated commitment to diversity, equality and inclusion in an academic or professional setting.
Ability to handle confidential information, exhibit good judgment, and exemplify appropriate customer service in working with students, faculty, and all levels of university staff and officials.
Ability to prioritize workload effectively and meet deadlines with minimal supervision.
Ability to take initiative in managing projects and ability to develop and keep to time lines.
Ability to work both independently and collaboratively in fast-paced environment.
Ability to be proactive with respect to suggestions for improving all aspects of the programs.
Pleasant demeanor and ability to handle stressful environment during peak times.
Strong computer skills for spreadsheet reporting and word-processing
Background check: Successful completion of a pre-employment background check.

Degree Verification Requirement: Persons offered employment in this position will be required to provide official education transcripts for degree verification purposes.

June 19, 2020 in Jobs - Descriptions & Announcements | Permalink | Comments (0)

Thursday, June 18, 2020

What's it Like to Prepare for The July/Sep Bar Exam?

Want to know about what this summer's bar takers are facing in trying to prepare for bar exams?  

See the letter that was written by the Dean of Seattle University's School of Law to the Washington Supreme Court, in which Dean Clark speaks from the heart about what what this season's bar takers are encountering in trying to prepare for bar exams.  

Note: This is the letter that coincided with the Washington Supreme Court's decision to recognize diploma licensure for admission to the practice of law:  

seattle-letter.pdf

June 18, 2020 in Bar Exam Preparation | Permalink | Comments (0)

Article Featuring Expert Tips to Prepare for Online Bar Exams

With some states moving to online bar exams, four (4) academic support educators have teamed up with the ABA Journal to share top-notch tips for expertly preparing for success on online bar exams.  Here's the link to read the expert suggestions from Prof. Goldie Pritchard (Michigan State), ABA author Sara Berman (AccessLex Institute), Prof. Courtney Lee (University of the Pacific - McGeorge), and Prof. Joe Regalia (UNLV): https://www.abajournal.com/academic-support-experts-offer-advice/

June 18, 2020 in Bar Exam Issues, Bar Exam Preparation | Permalink | Comments (0)

Wednesday, June 17, 2020

More Memory Advice for the Bar Exam

More advice on memory, and how to improve it! Last week I wrote a bit about improving memory for the bar. However, I want to dive a bit deeper into the topic.

I’m going to talk about three aspects of memory, that if used in your studying, can actually help you vastly improve what you are trying to memorize!

The forgetting curve says that we can predict when you will forget information, the spacing effect shows that if we study just before we would forget we can improve memory, and the testing effect tells us that testing ourselves improves memory. Using these three things together can really help! I’m going to particularly focus on the testing effect, as I think that’s something you can easily employ while you study.

The Forgetting Curve

It is almost universally accepted that memories decay over time. Researchers, over time, have discovered that we can predict when the memories will begin to decay. This is the forgetting curve.  It was first discovered by psychologist Hermann Ebbinghaus in 1885. He found that beginning just after a person learns information, their ability to remember the information, or recall, starts to decay. When he used nonsense syllables to test, it only took 20 minutes for the average test subject to have a less than 60% likelihood of recalling a syllable. An hour, it was less than 50%, and a day later, test subjects had lost nearly 70% of the information. A month later, learners retained only 20% of the material.

Ebbinghaus also discovered that while the initial rate of decline is fairly steep, the rate of decay declines with time. This means that memories that “survive” become less likely to be lost over time. This also means that the longer a student is able to retain a memory in the initial stage, the slower the information will decay over time.

Spacing Effect

The spacing effect says that if you properly space yours studying, this slows memory loss, or memory decay. Basically spacing out learning and review helps adjust the forgetting curve. If you allow longer periods of time in between review sessions, you’ll improve memory.

Now, the trouble with the spacing effect for things like the bar exam is that you really have too much learn, and not enough time! So, what can you do instead? You can still apply the concept, but use it with something called interleaving.

Interleaving is mixing subjects up as you study. So, normal, or “blocked” practice is the idea that you will study one concept, or topic, until you feel comfortable and then move on. Interleaving is the mixing of those subjects. This works particularly well with the bar exam. Interleaving ha been shown to be more effective than blocked practice for developing the skills of problem solving, and also leads to long term memory retention! Both things useful for the bar exam!

Interleaving forces the brain to continually retrieve information, since each practice prompt, is different from the last. This means your short term memory won’t help you. Interleaving also improves the brain’s ability to differentiate between concepts. Again, something you need for the bar exam! However, because interleaving involves retrieval practice, it feels more difficult than “blocked” practice. So, it’s going to feel worse. It’s going to feel like you aren’t getting concepts. So, it’s important to remember that this studying feels worse, but has better long term results.

So, each day study a variety of topics. Yes, there will be instances where it makes more sense to focus on one topic for a few hours. But if you are looking to increase your ability to recall the information, make sure you are switching in between torts and contracts, and then civ pro, and then property and so forth.

Something else you can do, which isn’t as effective, but still helpful, is to change how or what you are studying. Don’t spend one day on MBE, and another on essays. Or one day completely listening to videos, or reviewing outlines. Do 15 MBE questions, and then 1 essay, and then review some flaschards, and so forth.

Testing Effect

Finally, my favorite, the testing effect. I have mentioned before that testing increases memory. I hear students stress over getting questions wrong during practice and review. I understand why they might get frustrated, but they are missing the important fact that by testing yourself, you are actually increasing the odds that you remember a law.

Basically, people achieve higher rates of recall of information already learned when they have tested themselves, versus just passively observing. So, this is why I encourage you to do more questions instead of reviewing your outline. There is a time and space for passive review, but your memory really gets better each time you “test”. In addition, testing without feedback will help with recall, but the effect is stronger when the testing is associated with meaningful feedback. So, what does this mean? Make sure to fully review each and every answer!

Remember, as you practice for the bar, don’t think of doing practice questions as assessment, or an indicator of how much you know. They can be both of those things, but start thinking of practice questions as a way to increase long term memory!

Studies show that self-testing even a single time can be as effective as reviewing information five times. Think about that – do you want to do one multiple choice question, or review your flash card five times? A study used a group of students who were given schedules to learn vocabulary words – the schedules were studying OR testing, and another group that was given a schedule to study AND test. A week later, the students who did the testing remembered 80% of the vocabulary words, versus 35% of non testing students.  Now, I should point out that memorizing vocabulary is easier than memorizing legal concepts. In addition, the bar exam is asking you to APPLY those legal concepts, which you can’t do with memory alone. But that’s another reason why the testing effect is so useful!

So, your overall takeaway form all of this should be that practice DOES make perfect, and does help memory. In addition, breaks are still a good idea!

(Melissa Hale)

Note: To write this I relied heavily on the following:

n.d. Bjork Learning and Forgetting Lab. Accessed June 15, 2020. https://bjorklab.psych.ucla.edu/.

Teninbaum, Gabriel H. 2017. "Spaced Repetition: A Method for Learning More Law in Less Time." Suffolk University Journal of High Technology Law.

June 17, 2020 in Advice, Bar Exam Preparation | Permalink | Comments (0)

Monday, June 15, 2020

What I've Learned

One year ago this month, I wrote my first post for the ASP blog. And while it seems like only yesterday that I began my quest to bombard readers with my weekly musings, I have decided to step aside to make room for other voices to be heard through this forum. Today will be my last post as a regular contributing editor, and I will use this opportunity to reflect on the wonderful learning and growth experience that the year has brought.

I’ve learned that:

Education and advocacy are not parallel paths, but rather an important intersection at which the most effective teachers are found. I left a high stakes commercial litigation practice for a role in academic support. I naively believed that an effective teacher had to be dispassionate and objective and more focused on pedagogy than on legal advocacy or controversial topics. However, I grew to realize that the very skills that made me an effective lawyer still guided me in the classroom to teach my students and to open their minds to new perspectives. My realization was affirmed when ASP whiz, Kirsha Trychta, reminded us that the courtroom and the law school classroom are not that different.

Anger can have a productive place in legal education and scholarship. I don’t have to conceal or suppress my passion to be effective as a scholar. I am angry on behalf of every summer (or fall) 2020 bar taker. I am bothered by states that are so tethered to tradition that they refuse to consider the obstacles and challenges of preparing for a bar exam during a pandemic. It troubles me to see law schools close the doors to their libraries and study spaces, and yet expect 2020 bar takers to perform without the benefit of quiet study space and access to internet and printing. I am flat out disgusted by the notion of forcing law students to assume the risk of death to take the bar exam. And I waive my finger to shame the states that have abandoned exam repeaters and that waited or are still waiting to announce changes to the exam dates and format after the bar study period has begun. These states have essentially moved the finish line mid-race, and our future lawyers deserve better. But thanks to the vocal efforts of others who have channeled their righteous anger into productive advocacy and scholarship, I’ve seen states like Indiana, Michigan, Nevada, Utah, and Washington emerge as progressive bar exam leaders in response to a crisis.

Silence is debilitating. Like so many others, I was taught to make myself smaller, to nod in agreement, and avoid topics that would make others uncomfortable. The untenured should be seen, not heard. I am the person that I am because of my collective experiences. Stifling my stories and my diverse perspective would be a disservice to my calling and to the next generation of lawyers who need to be met with a disheartening dose of racial reality. As soon as I showed the courage to speak up and step out of other people’s comfort zones, I found that I was not alone. My ASP colleagues, like Scott Johns, Louis Schulze, and Beth Kaimowitz and others, were right there speaking out too.

Glass ceilings become sunroofs once you break through them. In the last few years, I have seen more and more of my ASP colleagues earn tenure or assume tenure track roles. And while a job title or classification, will never measure one’s competence or value, our communal pushes for equity are visibly evident. ASP authors continue to make meaningful contributions to scholarship in pedagogy and beyond. Thank you to Renee Allen, Cassie Christopher, DeShun Harris, Raul Ruiz, and the many, many, many others who I can’t name but whose work I’ve read and admired. With varied voices, we are paving the way to enhanced recognition and status in the academy, and with mentorship and writing support we are forming the next wave of formidable ASP bloggers, scholars, textbook authors, and full professors.

(Marsha Griggs)

June 15, 2020 in About This Blog, Academic Support Spotlight, Advice, Bar Exam Issues, Bar Exams, Current Affairs, Diversity Issues, Encouragement & Inspiration, News, Publishing, Weblogs, Writing | Permalink | Comments (0)

Sunday, June 14, 2020

Black Lives Matter and the Bar Exam

The Black Lives Matter movement has swept the country and the legal profession. While our country confronts dual public health crises of racism and pandemic, our law school graduates are faced with an unknown future with the legal profession and the bar exam. As academic support professionals, we have a role to play in helping graduates pass the bar and participate in transforming the law so that Black lives matter.

Many graduates are too distraught to face the bar exam, and we know they need hours of focused study and rule memorization to pass.  We also know that very few of the rules they will be memorizing are designed to dismantle racism. In fact, many of the rules tested on the bar exam entered through the common law at a time when Black people had “no rights which the white man was bound to respect”.  Dred Scott v Sanford, 60 US 393, 407 (1857).

To pass the bar exam, law school graduates need to understand that the law does not have a race-neutral history. When Black graduates, and graduates from low-income and non-white communities, try to answer bar exam questions based on their own values and experience, they often get the answers wrong.  When they are taught to see the questions, not from their own point of view, but from the point of view of those who wrote the rules, they often do better.

We should help our students memorize rules for the bar exam, but we also need to help them understand the origins of these rules in enabling institutional racism. Many of the bar exam questions are focused on issues related to large corporations, exchanges between merchants, and the interests of wealthy clients. With a legal history of racially restrictive covenants and segregation, Black people currently have less than ten percent of the wealth of whites. Few questions on the bar exam relate to police brutality, racial profiling, civil rights, low-income tenants, poverty law, employment law, consumer protection, or racial discrimination.

To make Black lives matter in the legal profession, we need to actively work to change the law school experience and the bar exam. Changing the content and the character of the bar exam is one step on this path. We must help our courts and bar examiners to become more responsive to the legal needs of Black communities.

When confronted with disparate pass rates for Black law school graduates, bar examiners often respond that the exam is race-neutral. In employment discrimination law under the Civil Rights Act, if a policy has a disparate impact, it must be justified as a business necessity.  However, this standard has not been applied to the bar exam.  The National Conference of Bar Examiners’ own studies indicate great disparities between what the bar exam tests and the skills lawyers need. These disparities often disadvantage Black law graduates and serve as a barrier to access to the legal profession. Rather than justifying these inequalities, we should find ways to eliminate them.

At this time, we must help our law graduates pass the bar exam as it is now. In order to pass this year’s bar exam, they should understand that the rules of law do not have a race-neutral history. In the future, we must also work together to create a path to the legal profession where Black lives matter.

(Guest Blogger - Beth Kaimowitz)

June 14, 2020 in Bar Exam Issues | Permalink | Comments (2)

Saturday, June 13, 2020

Assistant/Associate Director of Academic Support at University of Miami

The University of Miami has resumed its search for a new Associate/Assistant Director of our academic support program. 

This is a faculty (non-tenure) position, titled as Associate or Assistant Director (depending on experience). Miami is a well-established department, with opportunities for growth, leadership, and creativity.

Here is the official job posting: https://umiami.wd1.myworkdayjobs.com/en-US/UMFaculty/job/Coral-Gables-FL/Lecturer--Academic-Achievement-Program_R100038186

If you'd like to apply, you can send a cover letter, CV, and references to Alex Schimel directly via email at [email protected]. If you already applied during the previous cycle, we still have your materials and you do not need to re-apply (though you are welcome to reaffirm your interest to me by email). Please don't hesitate to reach out if you have any questions.

The ASP questionnaire is pasted below.

 

1.  The position advertised:

_X_   a.   is a full-time appointment.
___   b.   is a part-time appointment.

 

Other, please specify:

 

2.  The position advertised:
___   a.   is a tenure-track appointment.
___   b.   may lead to successive long-term contracts of five or more years.
___   c.   may lead to successive short-term contracts of one to four years.  (Full Time Position)
___   d. has an upper-limit on the number of years a teacher may be appointed.
___   e. is part of a fellowship program for one or two years.

___ f.    is an adjunct appointment.

___ g.    is a year-to-year appointment.

___ h.    is a one-year visitorship.

_X_   i.   is for at will employment.

 

Other, please specify:

 

Additional information, question 2: This is a Lecturer-in-Law faculty position.

 

 

3.  The person hired:
___   a.  will be permitted to vote on all matters at faculty meetings.

___   b.  will be permitted to vote in faculty meetings on matters except those pertaining to hiring, tenure, and promotion.
_X_   c.  will not be permitted to vote in faculty meetings.

Other, please specify:

 

Additional information, question 3:

 


4.  The school anticipates paying an annual academic year base compensation in the range checked below.  (A base compensation does not include stipends for coaching moot court teams, teaching other courses, or teaching in summer school; a base compensation does not include conference travel or other professional development funds.)
___   a.  over $120,000
___   b.  $110,000 - $119,999
___   c.  $100,000 - $109,999
___   d.  $90,000 - $99,999
_X_   e.  $80,000 - $89,999
_X_   f.   $70,000 - $79,999
___   g.  $60,000 - $69,999
___   h.  $50,000 - $59,999
___   i.   $40, 000-49,999
___   j.   $10,000 - $39,000.
___   k.  less than $10,000.

Other, please specify:

 

Additional information, question 4:

 

5.      The person hired will have the title of:

 

___   a.  Associate Dean (including Dean of Students).

___   b.  Assistant Dean.

___   c.  Director.

_X_   d.  Associate Director.

_X_   e.  Assistant Director.

___   f.   Professor – Full, Associate, or Assistant (tenure track).

___   g.  Professor – Full, Associate, or Assistant (clinical tenure track or its equivalent).

___   h.  Professor – Full, Associate, or Assistant (neither tenure track nor clinical tenure track).

___   i.   no title.

 

Other, please specify: Title will be commensurate with experience.

 

Additional information, question 5:

6.      Job responsibilities include (please check all that apply):

 

_X_   a.  working with students whose predicators (LSAT and University GPA) suggest they will struggle to excel in law school.

_X_   b.  working with students who performed relatively poorly on their law school examinations or other assessments.

_X_   c.  working with diverse students.

___   d.  managing orientation.

_X_   e.  teaching ASP-related classes (case briefing, synthesis, analysis, etc.).

_X_   f.   teaching bar-exam related classes.

_X_   g.  working with students on an individual basis.

___   h.  teaching other law school courses.

 

Other, please specify:

 

Additional information, question 6:

 

7.      The person hired will be present in the office:

 

___   a.  9-10 month appointment.

_X_   b. Year round appointment (works regularly in the summer months).

 

Additional information, question 7:

 

8.      The person hired is required to publish, in some form, in order to maintain employment.

 

___   a.  Yes.

_X_   b.  No.

 

Additional information, question 8:

 

9.      The person hired will report to:

 

___   a. the Dean of the Law School.

___   b. an Associate Dean.

_X_   c.  the Director of the Academic Support Department.

___   d.  a Faculty Committee.

June 13, 2020 in Jobs - Descriptions & Announcements | Permalink | Comments (0)

Friday, June 12, 2020

Call for Proposals for ASP Co-Sponsored Program at AALS

Call for Proposals

AALS Section on the Empirical Study of Legal Education and the Legal Profession
in Cosponsorship with AALS Sections on Student Services, Academic Support, and
PreLegal Education and Admission to Law School

January 2021 Annual Meeting in San Francisco, CA

Disrupted Gatekeeping: An Empirical Look at How Gatekeeping Influences Access to Legal
Education and the Legal Profession & How This Decision-Making Has Been Impacted By COVID-19

The Section on the Empirical Study of Legal Education and the Legal Profession is organizing a
panel featuring newly emerging empirical research related to gatekeeping, key decision making
stages that affect students’ admission to law school, success during law school, and entry into the
legal profession. In light of the pandemic underway across the United States and world, we
encourage presenters to present empirical research on these critical gatekeeping moments and to
discuss how this gatekeeping may be, is being, or has been impacted and disrupted by
COVID-19.

In short, our goal is for panelists to present: (1) first, empirical research on gatekeeping, broadly
defined, that influences access to law schools, law student engagement and success, and entry
into the legal profession, and (2) second, to theorize, hypothesize, discuss, or present data on
how these processes may be disrupted, impacted, or altered by COVID-19.

1.  Gatekeeping. Panelists will first present research spotlighting one of three critical
gatekeeping stages in a law student’s career. While not an exhaustive list, possible topics
for discussion might include any of the following, including how any of these
gatekeeping stages impact members from underrepresented and disadvantaged
backgrounds:

Getting into Law School : Proposals examining the use of data to determine access to and
admission to law school. Possible topics might include the use of LSAT, or other exam
scores in admission determinations, policies and practices in the award of financial aid or
scholarships, access to legal education (pipeline) programs and topics relating to the
affordability of legal education. Proposals may also examine change in the number of law
school applications over time, and change in the composition of these applications.

During Law School : Proposals examining data related to the law student well-being and
the impact of legal education on student learning, growth, belonging, decision-making,
trajectories, or success. Possible topics might include changes in law students’ perception
of career paths and opportunities including movement away from prior public interest
practice goals (i.e., public interest drift), and the extent to which institutional decisions
and practices or law teaching, grading, and clinical experiences influence law student
well-being, learning, belonging, growth, or trajectories. Possible topics may also include
gatekeeping to student services and prestigious opportunities within law school.

After Law School : Proposals examining either the use of data or data related to law
school graduates’ entry and engagement in the profession. Possible topics might include
empirical analysis relating to bar exams and licensure systems, use of data in hiring and
employer selection processes, the data collection practices and reporting by trade and
accreditation organizations, and debt and income considerations in career pursuits.

2. Disruption. In light of the disruption produced by COVID-19 in legal education and
within our communities and home life, we encourage presenters to discuss how this
gatekeeping may be, is being, or has been disrupted or changed by COVID-19. We
encourage participants to theorize, hypothesize, discuss, or present data on how
gatekeeping decisions may be disrupted, impacted, or changed by COVID-19, and/or
how this disruption may be overcome.
Last year, we jointly sponsored a successful program on leadership co-sponsored by the Sections
on Leadership, Professional Responsibility, Pro-Bono & Public Service Opportunities, and
Student Services, which attracted a large and diverse audience. This year, we seek to develop a
program that has similar breadth and appeal. The Journal of Legal Education has graciously
agreed to consider for publication papers presented in connection with our program, with
particular consideration given to papers exploring changes to legal education and the profession
engendered by the response to COVID19.
Proposals. Proposals should contain an explanation of both the substance of the presentation and
the methods used in it. The planning committee would prefer to highlight talent across a range of
law schools and disciplines and is especially interested in new and innovative research. Please
share this call with colleagues—both within and outside of the legal academy and the academic
support community.


Proposals must include the following information:
1. A title for your presentation.
2. A brief description of the objectives or outcomes of your presentation.
3. A brief description of how your presentation will support your stated objectives or
outcomes.
4. An explanation of how your presentation can accomplish its goals in an allotted
15 minutes.
5. A description of both the substantive content and the presentation techniques to be
employed, if any, to engage the audience.
6. Your current CV.

Proposals will be reviewed on a rolling basis, so please send yours as soon as possible, but
no later than Monday, July 1, 2020 to Professor Jennifer Gundlach. If you have any questions,
please email [email protected] or call (516) 463-4190.

Section on Empirical Study of Legal Education and the Legal Profession

Program Committee:
Program Chair: Jennifer A. Gundlach, Maurice A. Deane School of Law at Hofstra University
Section Chair: Victor D. Quintanilla, Indiana University Maurer School of Law
Secretary: Joel Chanvisanuruk, University of Cincinnati College of Law
Catherine Christopher, Texas Tech University School of Law
Meera Deo, Law School Survey of Student Engagement
Neil W. Hamilton, University of St. Thomas School of Law
Trent Kennedy, Georgetown University Law Center
Rachel F. Moran, University of California, Los Angeles School of Law
Jeremy Paul, Northeastern University School of Law

June 12, 2020 in Professionalism | Permalink | Comments (0)

Thursday, June 11, 2020

Which Comes First

You've heard the quip: "Which comes first? The chicken or the egg?"  

"Well," continues the pun, "I'll let you know. I just ordered one of each from Amazon." 

With respect to memorization, I think that we can say that memorization comes last.  But what comes before memorization then?  

As Professor Melissa Hale indicates, the words "memory," "memorization," and "remember" all have - at their roots - stories, and the memories that then come out of those lived experiences is what we can "memories." Hale, M., "Memory Tips," Law School Academic Support Blog (Jun. 10, 2020).   So, memorization is preceded by stories and stories are produced through experiences.  

Consequently, for those preparing for bar exams, don't focus on memorization at all, at least for now.  Rather, as Prof. Hale writes, focus on learning, experiencing, and sharing in the stories that are wrapped into the many essay and multiple-choice questions that you are practicing. Id.  

Learn from them.  Experience them.  Talk to them.  Wrestle with them, too.  

Then, when it comes time to work on memorization, in the final two weeks of bar prep, you'll have something real to recall, something memorable and tangible, because you will have experienced those rules, not in the abstract, but in the context of experienced narratives.  That way, when it comes time for your bar exam, you'll have more than just the law to talk about; you'll also be able to show how to apply the law to solve bar exam problems.  

And, back to the pun shared at the beginning of this little blog, that's something to smile about.  (Scott Johns)

June 11, 2020 in Encouragement & Inspiration, Exams - Studying | Permalink | Comments (0)

Wednesday, June 10, 2020

Memory Tips

I keep getting asked about memorization for the bar exam. Specifically, “How on earth am I supposed to memorize all of this?” and “Do you have any tips on memorization?”

So, here we go!

First of all, memorization is a bad word. I hate it. You want to remember, or recall, but not memorize. Why do I make a big deal about this? Well, for a couple reasons.

First, our brain is awful at memorization. Briefly, we have short term memory, long term memory, and memory retrieval. Short term memory can also be called working memory. It’s like a short picture that only lasts minutes. Next is long term memory, where memories are stored. And finally, memory retrieval, which is what you are concerned with for the bar exam. This is also the most difficult to achieve. So, your aim isn’t really to “memorize”, but to remember and recall.

Also, if you focus on memorization, instead of learning, you will get overwhelmed and stressed. So, reframe the idea in your mind for more success.

So, what CAN you do?

The power of Story and Emotion

Memory is often tied to stories, and strong emotions. This is why our autobiographical information is easy to recall. We might smell a certain food, and fondly remember a lovely family celebration we had as a child. These memories are typically vivid and strong. That’s because we process them as stories, not facts. If you are at a party, you don’t focus on individual details to remember, like the color of the walls, or the music playing, and consciously try to memorize it. You remember it because it’s happening to you, it’s a story. In addition, you are more likely to have a vivid memory of that party if you are feeling a strong emotion, usually intense happiness. (Carey, 2014) or (Tyng, Amin, Saad, & Malik, 2017)

So, how do you make this work for bar review? The act of studying doesn’t make for a good story, and you aren’t likely to feel very strong emotions. Maybe frustration, or stress, but those actual have a counterproductive impact on memory. So, it’s up to you to manufacture stories and happiness. Don’t just stare at outlines, or black letter law. Do more and more practice questions, which are stories. Or, even better, make up new hypotheticals of your own, the more ridiculous the better. If you’ve seen me lecture on any bar topic, you know I love crazy stories. I’m sure my students often roll their eyes, and wonder why I’m being ridiculous. But it’s to help with memory. The more absurd or ridiculous my examples, the more likely you are to remember the law.

Also, manufacture happiness, as much as you can. Studies have shown that test subjects that are placed in a room with simple smiling faces do better on memory. So, surround yourself with happy photos or pictures of your pets. Call one another on zoom and make up ridiculous hypotheticals until you are all laughing.

Practice

Speaking of stories, practice! Each MBE fact pattern, and each essay hypothetical, are stories! So, not only will practice make you better at tackling the essays or MBE questions, but practice gives your brain

stories to hold on to. The examples will help your memory! If you are trying to memorize the rule for parol evidence, doing 10 MBE questions, and really learning from each question, will serve you better than reviewing your outline over and over again.

Chunking

In cognitive psychology, chunking is a process by which individual pieces of an information set are broken down and then grouped together in a meaningful whole. The word chunking comes from a 1956 paper by George A. Miller, "The Magical Number Seven, Plus or Minus Two: Some Limits on Our Capacity for Processing Information". This was because the brain can typically only remember 7-8 items at once.

So, what does chunking information mean for you? Well, let’s think of a grocery list.i

So, you have to buy the following:

Bread

Milk

Orange Juice

Cheese

Cereal

Tomato

Turkey

You might want to chunk by meal. For example, Bread goes with turkey and cheese, and maybe tomato. Milk goes with Cereal, and maybe those go together with orange juice. As I’ve listed it, the items are random, so there is no way to remember them. Or there is, but it’s very difficult. But grouping by the meals will help your memory.

Alternatively, you can group by where the items are in the store. It is likely that the orange juice and milk are together, and the so are the bread and cereal, and the turkey and cheese.

So, the first step in chunking is to think about how you will need to use the information. This is one reasons I place practice so highly. When you go to memorize the law, you can’t memorize it in a vacuum. You have to think about how you will be using it, and then chunk from there.

Spaced Repetition

Our brain learns more effectively if we space out information. So, this is more support for my theory that breaks are magic! Think of it like this, if you are building a brick wall, you need to let the motor in between the bricks dry before you stack too high. Similarly, you let one coat of paint dry before you put on another. You get the idea.

So, while studying for the bar, space out your studying. While it might feel like you don’t have time, you need the space to solidify your knowledge.

Breaks

Take breaks! I wrote an entire blog about this last week. But your brain can only process and remember so much at once. Essentially, if you are reading 50 pages of outline, without a break, you are only likely to remember the first and last few pages. That’s a waste of time! Take frequent breaks, and break up what you do. The more active you are, the better.

Write an essay with open notes. Do a set of 5 MBE questions, and then review the applicable law. Mix up subjects. All of that will help with memory.

General Mental Health

Finally, I mentioned before that if you are frustrated or stressed, that doesn’t help with memory. That means you have to take care of yourself mentally while you are studying. This is going to vary for everyone, but make your mental health a priority. And if you feel yourself getting frustrated or overwhelmed, see above and take a break!

Finally, remember that your aim is to learn, not merely memorize! Also, this is just meant to be a primer, and is already too long for a blog post. There is so much more to be said about various memory techniques.

Good Luck!

(Melissa Hale)

Carey, B. (2014). How We Learn: The Suprising Truth About When, Where, and Why It Happens. New York: Random House.

Tyng, C. M., Amin, H. U., Saad, M. N., & Malik, A. S. (2017). The Influences of Emotion on Learning and Memory. Frong Psychology.

i I completely took this idea from Paula Manning at the 2015 AASE Conference in Chicago, and have been using it ever since!

June 10, 2020 in Advice, Bar Exam Preparation, Exams - Studying, Study Tips - General | Permalink | Comments (0)