Monday, August 31, 2020
How to Survive (and Thrive) When Called On In Class
By now, many first-year law students have experienced the thrill (and, perhaps, terror) of being called on to speak during class. Some professors cold call, while others announce which row or group will be on call next. In either case, remaining calm and alert during class is essential. For those students who are subject to cold calling, randomly being called on in class can cause anxiety. Rather than anticipating the classroom discussion, students worry about hearing their name and not knowing “the answer” to the question(s) posed by their professor.
Here are a few strategies to reduce the anxiety associated with being called on in class:
- Review: Brief your assigned cases and spend 15-20 minutes before class reviewing each case brief to refresh your recollection of the cases assigned that day. The more prepared you are for class, the more confident (and less anxious) you will be if/when you are called on by your professor.
- Practice: If you are in a study group, practice being “on call” with each other. This practice benefits the student who will be called on in class as well as the other group members who must know enough about the topic to ask questions and follow up questions. If you do not yet have a study group, practice with yourself. Try answering questions about key details of each case and think about the questions your professor may ask in class, particularly about the court’s reasoning and the holding. You may find it helpful to wear different advocacy hats during this process. Think about the case from the perspective of an advocate for the plaintiff, an advocate for the defendant, and as the decisionmaker.
- Be Present: Before it is your turn to be “on,” or before you decide to volunteer in class, listen closely to what your professor is asking. Pay attention to your classmates’ comments and the follow-up questions your professor asks in response to those comments. Try to answer your professor’s questions silently in your mind and compare your answer to the answer given by your classmate.
- Enunciate: Even if you do not feel prepared to speak, if you are called on, speak clearly and loudly enough for the class to hear what you are saying.
- Breathe: If you freeze when you are called on, take a deep breath in and out through your nose. What may seem like an eternity to you will actually only be a few seconds. Take those few seconds to gather your thoughts and gain control of your voice and your nerves.
The ability to think on your feet is a professional competency that you will develop over time, in part by the experience of being called on in class. Even if cold calling makes you feel very anxious or scared, take advantage of the opportunity presented by being called on in class. No one, including your professor, expects you to be perfect. You will make mistakes. You will also get better (and more comfortable) with practice.
(Victoria McCoy Dunkley)
August 31, 2020 in Advice, Stress & Anxiety | Permalink | Comments (0)
Sunday, August 30, 2020
A Few Tips for Staying Engaged in Online Courses
Have you ever been reading and your mind wander? Have you read the same sentence a few times without knowing what it said? Has your mind ever drifted when in conversation with someone? If you answered yes, then you are normal. We all lose focus and attention during tasks. The risk is even greater when the person talking to us isn't in a face-to-face conversation. Taking active steps to stay engaged will be even more important with online learning to prevent losing focus.
Online classes provide a different learning environment. Whether you have the autonomy to complete the course at your own pace or you participate in video conference (zoom, teams, etc.) classes, staying engaged will be critical to retaining information. I provided a few tips below for staying engaged while participating in different styles of classes.
Zoom, Teams, etc.
1. Turn your video on if possible. Some professors require this. The video creates accountability because the professor can see whether you are playing on your phone, watching TV, or at least nominally listening to the lecture.
2. Take notes in a notebook instead of your computer. Many students take notes on computer while in class. However, your laptop is now the medium for instruction. Decreasing the screen size or minimizing it will effect what you see and learn. Handwritten notes adds the benefit of retyping notes into outline format, which improves retention.
3. Fully brief cases and print out the briefs. Students migrate to book briefing as soon as they feel comfortable, but I don't think that is the best strategy in general. The printed out case brief is a good place to then take class notes, including highlighting important information and adding in the professor discussion. One benefit of this strategy is both reading and class discussion information is in 1 place.
4. Volunteer to answer questions. Volunteering is more engaging than passively listening to class.
5. Answer hypos and questions on your paper or in your head. The last 2 pieces of advice aren't unique to zoom, but the online environment is easier for mind wandering. Answering every question will prevent losing focus.
6. Use the chat function to ask questions. This is another engagement tool, and you don't need to speak in class.
Pre-Recorded Lectures
1. Fully brief cases and print out briefs. Similar advice to above. Pre-recorded classes are even easier to lose focus, so any tool that helps is important.
2. Pause the video at a reasonable break if you mind wanders. Get a drink, snack, or anything else that will improve focus.
3. Plan when to complete the work. Asynchronous (online autonomous) courses are difficult because you have the autonomy to complete the work on your schedule. If you don't create a plan for when to complete the work, you will get behind. Catching up is hard, so create a daily, weekly, and monthly schedule for your work.
4. Complete activities or questions as if you are in class. Yes, the lecture is pre-recorded, and yes, the professor will give the answer after a short pause. However, don't let that lull you into not working on each practice problem. Treat each activity as an opportunity to engage the class.
The online environment will take adjustment, but you can learn as much in this environment as a regular class. The learning may be difficult. However, deliberate actions during each meeting or recording can actively engage in the process. The engagement will lead to the long-term learning needed for success.
(Steven Foster)
August 30, 2020 in Study Tips - General | Permalink | Comments (0)
Friday, August 28, 2020
Short Mindset Article
Many of us tell our students about Growth Mindset and Grit. We want them to develop hard work and perseverance for both law school and the practice of law. I read an article this week with 6 mindset principles of successful people. It is a good short list to pass along to students to help them improve their mindset.
You can read the article here.
(Steven Foster)
August 28, 2020 in Encouragement & Inspiration | Permalink | Comments (0)
Thursday, August 27, 2020
Learning As Activity
August 27, 2020 in Advice, Encouragement & Inspiration, Learning Styles, Study Tips - General | Permalink | Comments (0)
Wednesday, August 26, 2020
Welcome to Law School
For many, this is the first or second week of their first year of law school. The other day, someone on twitter asked for advice for first year law students, so I thought this was a good opportunity to give it!
This year is undoubtedly different for so many reasons. Most of you are entering law school remotely, and even if you are physically entering campus, there are probably things that make this year different. There are many resources out there on how to maximize your ability to learn online, so I want to focus on what you should know upon entering law school, in this environment or any other.
- It’s a new skill, so it will take practice. Learning the law really is a skill. That gets lost on so many students, who get frustrated in the beginning. Everything you are learning is brand new, and it will take time. Embrace growth mindset, this lesson can help. https://www.cali.org/lesson/18485
- It will be difficult and that’s ok. Like learning any new skill, it’s going to be hard. For many of you, academic endeavors have never been this difficult, so it’s easy to think that you don’t belong, or it’s just you. It’s not just you, this is difficult for everyone. Give yourself permission to not get it right, and learn from your failures. Most importantly, remember that every practicing attorney has stories of things they didn't get, or messed up on, their first year. And they are practicing, and they are fine!
- Don’t be afraid to ask questions. Trust me, you're not the only one with questions. Don't be afraid to ask fellow classmates, professors, or others questions. For example, there was plenty of law related vocabulary that was very new to me. I had no idea what these words meant, and was too nervous to ask. So I made this for you! (but you can still ask if something is not clear) https://lawprofessors.typepad.com/academic_support/2019/08/guest-blog-first-year-glossary.html
- Start to think like a lawyer. The reason law school is a skill is because it's teaching you how to write differently, and think differently. You will often hear "you are learning to think like a lawyer" and that's true. But what does it mean? Here is a resource with a little help. https://www.cali.org/lesson/18027
- Think about what your exams will be like. Law school exams are different. Instead of asking you to recite facts from cases, or memorize holdings, you will need to solve a problem. To this end, work on practice questions, so you get used to it. Also, keep this in mind as you read and study - it's not about mastering and remembering everything from every case, but rather, thinking about how the cases help you solve a problem!
- Don’t be afraid to use resources. It might seem overwhelming and difficult to navigate at first. But there are plenty of resources available to you, that aim to make your life a bit easier. One such resource is CALI.org, and specifically CALI lessons geared towards academic success. https://www.cali.org/lesson/18485
Many of your school’s libraries will also have a great deal of supplements and study aids that are available to you. Make the library’s website one of your favorites, and make your librarians your friends.
In addition, many of you will have an Academic Support department at your law school. Listen to them, and don’t be afraid to use them. I am sure I can speak for all of us when I say we love to see you. In a normal semester, I’d say that we will welcome you into our offices with open arms and chocolate. This semester that’s a bit trickier, but many Academic Support professors and departments have set up online resources for you. Use them! Finally, set up a zoom call with them, I promise they want to help!
On that note, remember you do belong, and this is difficult for everyone.
(Melissa Hale)
August 26, 2020 in Advice | Permalink | Comments (0)
Sunday, August 23, 2020
Interdisciplinary Help
For many, the summer and early fall is a time to evaluate lectures and programming. I teach a required 1L class, and one of the upcoming classes is on outlining. For a couple years now, I have not liked my outlining class. I tried to integrate or use exercises from other ASPers and ASP books, but in the end, students still struggled with outlining. I didn't like the way it flowed. My basic assessment is I understand the context and what I am trying to teach, but the students don't have the same context. I needed help.
I sought help from an expert and someone I trust, my wife. She is an communication professor and has unique expertise in argumentation. She coached numerous highly successful individuals at the national high school speech and debate competition prior to becoming a professor (along with her own collegiate national championship). She has expertise in speech and argumentation structure but is not entrenched in law school terminology. I explained my problem, and she understood what students needed to do. However, she could explain it as an outsider who never created a law school outline. The experience was enlightening.
My experience helped me in a couple ways. First, I believe I improved my outlining lecture. She discussed underlying communication problems for untrained individuals. A person without context for a task becomes overwhelmed when given multiple steps even when he/she works through those steps with guidance. First semester students don't have much context for law school outlines, especially not this early in the semester. Giving them a 3 or 4 step process for creating an outline won't help many students because they still don't have the schema to assimilate the information. ASPers discuss schema in relation to doctrinal material, but outlining and skills have similar requirements.
She suggested a basic format for how she would teach the process. She encouraged re-framing the discussion around 1 idea. She called it a visual framework. Students won't complete 4 tasks. They will create a visual framework that includes a few components. Students won't get as overwhelmed with the steps since it is essentially 1 task. She suggested examples and activities that many of you utilize. She used her argumentation and speech outlining background to say students should create instructions, outlines, or steps for common practices like making spaghetti. Many of you utilize similar activities. Also, providing a fill in the blank form and examples of completed outlines helps. I was glad that I do many of the activities she suggested, but I appreciated her fully walking through how she would approach teaching the skill. For me, the communication and framing piece is helpful since she approached it from a non-legal perspective.
The second big takeaway for me is to seek help both inside ASP and outside the law school. Our Universities have experts in areas that could help us reach students. The obvious example is the education department for teaching, but we should look beyond even that department. Communication scholars have significant knowledge on how people receive information. We need students to understand and incorporate our teaching, and communication classes could help with basic speech/lecture organization to presentation techniques using technology. Psychology departments can help with understanding motivation and human behavior. The business school can help with marketing. Athletic Departments and coaches focus on maximizing potential. Our Universities have abundant intellectual resources. From my experience, I think we should seek them out even more. I know I could learn from those around me, and it would probably be quicker than the usual trial and error method in my programming.
(Steven Foster)
August 23, 2020 in Teaching Tips | Permalink | Comments (0)
Friday, August 21, 2020
Summer 2020 Learning Curve is Out
The Summer 2020 issue of The Learning Curve is out. This issue has great articles about transitioning ASP work to online delivery for the fall semester. Another great group of colleagues contributed useful advice to use during this difficult time.
You can find the issue in the ASP google group. Previous issues of the Learning Curve are on the AASE website.
Kevin Sherrill, Executive Editor, also announced they are accepting submissions through November 1st for the next issue. I encourage everyone to work on a piece for submission.
(Steven Foster)
August 21, 2020 in Publishing | Permalink | Comments (0)
Thursday, August 20, 2020
Making the Most in the Midst of the Many Bar Exam Postponements
It's been many months that some of our Spring 2020 graduates have been waiting to take postponed bar exams. Florida, for example, just recently postponed its postponed exam, from July to August and now to October. If that sounds exhaustingly frustrating, it is... So here's a suggestion for the many September/October bar takers that might just help rekindle a bit of the flames of learning:
Get your heads out of the books and instead take time each day to work through some of the latest current events because much that is in the news also relates to bar tested problem-solving.
For example, take today's federal court indictment following the early morning arrest of former White House adviser Steve Bannon on conspiracy charges: https://www.reuters.com/article/us-usa-trump-bannon-idUSKBN25G1J4. Try locating the indictment and the arrest warrant. Once found, here's a few things to ponder: (1) What authority if any does Congress have to adopt the criminal statutes that are the basis of today's indictment? (2) Did the federal government have probable cause to arrest Steve Bannon, and, if so, why? and, (3) What are the elements that the government must prove for the conspiracy charges?
Here's another possible bar-issue in the news: Many businesses and restaurants are delinquent on rent contracts due to the COVID-19 pandemic. And, some business owners are seeking rent abatement. Others are seeking reimbursement from their insurance contracts. https://www.forbes.com/sites/paulrosen/2020/03/26/what-happens-with-contracts-amid-the-covid-19-pandemic/#774454d342af These sorts of things raise a number of bar issues, such as, (1) What contract law applies to these contracts? (2) Do the defendants have any contract defenses, such as impossibility? and, (3) How should courts interpret force majeure clauses?
Finally, here's another news item to tickle a bit of bar exam intrigue. This case involves whether a lawyer has a defamation claim against an online reviewer when the review stated that the lawyer "needed to go back to law school." https://www.abajournal.com/news/article/need-to-go-back-to-law-school-comment-isnt-libelous-appeals-court-rules After reading the article, here's some thoughts to ask: (1) What are the elements of defamation? (2) If you were an appellate court judge, would you reverse the lower court's decision on whether the statement was actionable and why or why not? and, (3) Does the lawyer have any First Amendment issues as a member of the bar (a public officer of the bar?) and why or why not?
Of course, there are lots more issues in the news, from the COVID-19 pandemic to election interference to protester arrests to lawsuits against the President seeking TRO's and PI's, etc. Search them out. Find the civil or criminal complaints. Figure out whether the courts have personal jurisdiction and subject matter jurisdiction. Focus on the substantive elements. If it's a civil case, figure out if you could intervene as a party in the case. Work through how you would rule or litigate these matters. In short, this is not time to turn your backs on the news. Our world needs your voices now more than ever. So, over the course of the next month or two in preparation for postponed bar exams, feel free to take breaks from the books and take time to talk through and work out what's happening in the legal news of today. And in the process, you'll be learning more about the law. (Scott Johns).
P.S. Not sure how to get started, here's a helpful link with summaries of current legal news-making events: https://www.abajournal.com/news/
P.S.S. For entering first-year law students, taking a gander through the daily news in academic support groups can help bring life to the law, whether they are studying contracts, or torts, or constitutional law, for example.
August 20, 2020 in Bar Exam Issues, Bar Exam Preparation, Bar Exams | Permalink | Comments (0)
Sunday, August 16, 2020
The Year Begins!!
I enjoy describing the seasons changing and how it relates to where we are in law school. Normally, I would write about the hot summer days and getting back to work with new students. However, my description this year would be close to the cool breeze from my air conditioner permeates my home office setup, which is really a laptop at my kitchen counter. Not quite the same imagery as previous years.
The imagery is not the only thing different this year. Many schools are online, while others created numerous sections to stay in-person. Some schools are using so many sections non-class activities will not happen live. Not only that, ASPers are always the big draw. We couldn't possibly social distance with our crowds, or at least that is my optimism at the beginning of the year. Most of us will need to change our programming to reach students.
Everything seems different. The images, programs, students, and classes will be new experiences. Many of us will continue to try to make our program the perfect hybrid, online, asynchronous, etc. experience possible. I commend everyone for that. However, let's not forget a sound piece of advice we provide our students every year. Don't miss the forest for the trees. Fundamentally, we are trying to help students succeed to his/her best ability. To do that, most of them just need a guide with solid directions. Becoming a guide or coach comes from building relationships with our students. They understand the difficulties of the current crisis, and most of them appreciate what schools are doing to be both safe and provide quality education. We can build those relationships in classes, zooms, teams, and imperfect workshops. You will have amazing opportunities this year to empathize and be present for students. Embrace those opportunities.
Nearly all ASPers are building amazing workshops, and keep doing it so I can continue to borrow your ideas. Don't spend so much time on those workshops though and miss the chances to reach students. Embrace your new relationships!
(Steven F0ster)
August 16, 2020 in Encouragement & Inspiration, Teaching Tips | Permalink | Comments (0)
Thursday, August 13, 2020
Dean Position at Golden Gate - Apply by October 1, 2020 for Optimal Consideration
Hat tip to Prof. Rana Boujaoude at Golden Gate University!
Here's the link in case you might be interested in learning more or in serving as Dean of the at Golden Gate University School of Law:
August 13, 2020 | Permalink | Comments (0)
Call for Presentation Submissions - Breaking Down Institutional Barriers - Due 9/15/20!
August 13, 2020 in Professionalism | Permalink | Comments (0)
Monday, August 10, 2020
Becoming More Culturally Proficient
A foundational part of our professional lives as ASPers is providing feedback to students. As we engage students to provide feedback, it is likely that we will sit across from people who differ greatly from us. Try as we might to avoid judging them based on stereotypes or in-group favoritism, we all have implicit biases that may thwart those efforts (even if we like to think we conduct ourselves in an identity-neutral manner).
Some may read this and think: “No, not me. I believe in justice and equity, and strive to treat everyone fairly. I deal with diverse students daily. I’m good.” In truth, however, a person can simultaneously be committed to those principles and largely avoid conscious expressions of bias, yet still have student interactions that are influenced by their implicit biases. We all have blind spots, despite any attempts to “use introspection to acquit ourselves of accusations of bias, while using realistic notions of human behavior to identify bias in others.” Richard A. Posner, How Judges Think 121 (2008).
Acknowledging this reality is critical if we are to fully leverage opportunities for growth. To that end, the reflection questions below are a helpful starting point for those interested in identifying their orientation/preferences for communication and collaboration.
- How do you like people to communicate with you?
- How do you like to lead?
- How do you like to be led?
- How do you like people to resolve conflict with you?
- How do you like people to collaborate with you?
After reflecting on these points, consider: (1) how your preferences inform the way you provide feedback to students, (2) how your preferences might differ from students’ preferences, (3) how having preferences that differ from students might affect your ability to effectively engage them, and (4) how you can leverage any takeaways in future interactions with students.
References:
Lory Barsdate Easton & Stephen V. Armstrong, How to Minimize Implicit Biases (and Maximize Your Team’s Legal Talent), 58 No. 9 DRI For Def. 80 (2016).
(Victoria McCoy Dunkley)
August 10, 2020 in Diversity Issues | Permalink | Comments (0)
Thursday, August 6, 2020
Job Posting - Clinical Professor for Academic Success, University of Idaho (Moscow Campus)
Hello! I realize this is a bit last minute notice. Please email [email protected] with questions.
Clinical Professor for Academic Success
Posting Details
Position Information
Position Title Clinical Professor for Academic Success
Location Moscow Division/College College of Law Department Law
Employee Category Faculty Classification Group Title Clinical Faculty Tenure Tracking Not Applicable
Rank Negotiable (must be justified)
Interim/Term Appointment No
Pay Range $95,000 – $105,000 as an Assistant Professor
Type of Appointment Fiscal Year Full Time/Part Time Full Time Funding
Internal Posting?
Position Summary The College of Law seeks an individual to teach academic skills courses, develop and administer academic support and advising programs, and implement relevant policies, in collaboration with the College’s other student services professionals. The Professor for Academic Success designs, implements, and promotes activities helping all College of Law students achieve their full academic and professional potential through academic skills, bar preparation, and advising programs, as well as through individualized academic counseling and advising. These activities are required for law school accreditation under ABA Standards. This position also includes a teaching component; the Professor for Academic Success will teach academic skills courses.
A visa sponsorship is available for No
the position listed in this vacancy.
Responsibilities
Job Duty Function Teaching & Advising
Percentage Of Time 90
Job Duty Function Scholarship & Creative Activities
Percentage Of Time 0
Job Duty Function Outreach & Extension
Percentage Of Time 0
Job Duty Function University Service & Leadership
Percentage Of Time 10
Qualifications
Required Qualifications • J.D. from an ABA-accredited law school.
- Successful completion of a bar exam in any state.
- A minimum of 3 years of experience as a practicing attorney or in higher education.
- Familiarity with scholarship on law school and bar exam success.
- Ability to demonstrate self-direction, creativity, and logical problem-solving skills on a consistent basis.
- Outstanding record of academic and/or professional achievement.
- Desire to create an academic environment that respects and enhances diversity and inclusion.
Preferred Qualifications Teaching and/or tutoring experience in highly specialized fields, preferably law.
- Three or more years of experience in student affairs, academic success, or related job duties.
- Demonstrated understanding of, and commitment to, addressing issues of diversity and inclusion.
- Experience working with students or others in crisis with a calm and respectful demeanor, and subsequently making well-reasoned determinations of next steps.
- Interest in contributing to scholarship on law school or bar exam success.
Physical Requirements & Working
Conditions
Degree Requirement Listed degree qualification is required at time of application.
Posting Information
Posting Number F000861P
Posting Date 07/09/2020
Closing Date 08/07/2020
Open Until Filled No
Special Instructions to Applicants Please include the following documents with your application:
- Resume/CV
- List of References
- Letter of Qualification
- 8-12 page writing sample demonstrating legal analysis (uploaded to the
Other Document 1 field)
Background Check Statement Applicants who are selected as final possible candidates must be able to pass a criminal background check.
EEO Statement The University of Idaho (U of I) is an equal opportunity and affirmative action employer committed to assembling a diverse, broadly trained faculty and staff. Women, minorities, people with disabilities and veterans are strongly encouraged to apply. In compliance with applicable laws and in furtherance of its commitment to fostering an environment that welcomes and embraces diversity, U of I does not discriminate on the basis of race, color, religion, national origin, sex, age, sexual orientation, gender identity/expression, disability, genetic information or status as any protected veteran or military status in its programs or activities, including employment, admissions and educational programs.
Applicant Documents
Required Documents
- Resume/CV
- List of References
- Letter of Qualification
- Other Document 1
Optional Documents
None
Supplemental Questions
Required fields are indicated with an asterisk (*).
- * How did you hear about this employment opportunity?
◦ Academic Keys
◦ Association of Public and Land Grant Universities (APLU)
◦ Chronicle of Higher Education
◦ Craig's List
◦ Department of Labor/Job Service including Job Central or Idaho Works
◦ Higheredjobs.com
◦ Higher Education Recruitment Consortium (HERC)
◦ Indeed.com
◦ National Association of State Universities and Land-Grant Colleges (website)
◦ Newspaper
◦ Professional Listservs (Ex: NACUBO, AAAE, ISMC, ect.)
◦ UI Employee
◦ UI Register
◦ University of Idaho Website
◦ Veterans in Higher Ed
◦ Word of Mouth
◦ Other Advertising Venue
August 6, 2020 | Permalink | Comments (0)