Law School Academic Support Blog

Unmasking

While there are far more pressing and scary issues happening in the world-and in this country-like the war on Ukraine and a determination that needed and appropriate medical treatment for transgender kids is “child abuse” in Texas, I am also a bit frantic about the end of the masking mandates here in my little bubble of Massachusetts.

Let me start by saying I went to a science high school-actually the same high school that Neil deGrasse Tyson went to-so it isn’t that I don’t respect science-I certainly do (and I’m sure the char marks on the ceiling from my hijinks with a Bunsen burner there have been painted over since then). I trust the federal and state experts on epidemiology and public health. I am vaccinated, boosted, and still voluntarily get PCR tested every week (kudos to my school for making that available). I am thrilled at the numbers going down-way down-the New York Times has Massachusetts as a pale yellow on its map where if you are in a state that is shaded deep red, you are on COVID fire. I have no reasonably articulable reason for my fear and yet, I am consumed and a little paralyzed by it.

Here is what fuels my trepidation:

1. I teach undergraduates as well-and for this entire semester, including the very first day, I haven’t had full class attendance because of quarantine, positive tests, and potential exposures.
2. I teach classes in the evening division, and I have students who took their families on trips during the past week because it was public school vacation week-they’ll be back tonight-hopefully.
3. Spring break is in two weeks and students, understandably, want to get away. And then come back.
4. I have a child who is a high school student who will be in a building with kids who just spent their break traveling or competing in sports with kids from all over the state.
5. There is always a person on the subway who has no mask on at all, or has a mask covering just their chin, or has zipped up their winter jacket to cover their nose and mouth just so they can get on the train….
6. I cannot control what other people do or what risks they consider acceptable.

The last one is the ultimate truth for me--and everyone else. I have spoken with students who are also fearful, and it puts me in the position of trying to reassure them as much as I am trying to reassure myself.  I’m not sure I’m being genuine in those moments-and I am not sure if sharing my true feelings is helpful either.

And yet, this is like when students come to me about poor exam results, and we determine what about their exam performance they can pinpoint and refine for next time. Trying to predict a professor’s likely exam questions is not a good use of time you could otherwise spend doing what will give you the wherewithal to tackle what is coming. I advise students to be in control of what they can do because facing an exam with fear rather than a plan is not effective.

I suppose I also need to understand the same things about the great unmasking about to happen. There are always going to be unknowns in the world: politics, opinions, exam questions, and viruses you cannot see coming at you, but I know and teach that fear should not be the weapon I reach for when I encounter them. I’m going to go to make a plan....

(Liz Stillman)

New Experiences

Learning is generally hard, sometimes painful, and usually annoying.  I was reminded of the many states of learning this winter when I took a ski trip for the first time.  A few former students warned me that trying skiing later in life would probably hurt for days.  I took their "warning" (read insult) as a challenge that I would learn it with minimal injury.

I began my journey by learning how to put the skis on, then only using one ski to skate around.  The instruction seemed extremely rudimentary.  I am not a world-class athlete, but I played enough sports in my life to have both skis on.  Of course, I fell right after putting them both on.  I progressed to the magic carpet and enjoyed the learning area.  I couldn't turn very well the first morning, but I could snow plow my way down.  That afternoon, my turns got much better.  I thought I was ready for the wide open, steeper practice area.  I rode the ski lift the short distance to the slightly higher practice area.  I proceeded to tumble out of the chair and narrowly missed getting hit by it as it continued around.  I started down the slope, and my assessment of my new turning ability was wrong.  I nearly took out a family member at close to full speed before falling.  One more fall with a few more turns, and I was at the bottom of the slope.  That afternoon and the next morning, I kept practicing.  I could make it out of the chair and down the slope without falling.  I could ski back and forth with reasonable turns.  By the afternoon of the second day, I thought I was ready for the real slopes.  I attempted the "easiest way down" trail.  I was terrified once I got on the trail and thought I was going to fly off the side of the mountain.  I fell more times on the trail than the entire rest of the trip.  My last fall was so hard, I lost a ski and thought I tore every ligament in my knees.  I laid on the snow for a while on that one.  My kids saw it and weren't sure I was getting up.  I finally got up and made it the rest of the way.  It hurt, but not for the number of days my students predicted (I believe my knees are fine).  I counted it as a success.

My experience is similar to law school for many students.  The instruction seems rudimentary.  They were all highly successful in undergrad.  They heard it was difficult, but they didn't believe it would be that difficult for them.  The horror stories must be about other law students.  They even found reassurance in initial classes because they were finding the right facts and coming up with the holding in early Torts cases.  Things get progressively harder, but everything seems manageable.  Then the first LRW assignment or midterm comes back.  The first fall is hard, but most of them get back up.  They learn from the midterm and start to see progress.  The final exam then happens and many of them fall hard.  The pain may not be physical, but the impact to self-esteem is just as real.  The goal is to help them see the success and get back to practice.  That is difficult after an extremely hard fall.

I knew law school is hard, but my experience provided a window into how some of my students feel.  I hope it produces even more empathy within me to continue to try to reach students.  We should all try new things to experience the difficulty our students face each semester.  

(Steven Foster)

Director of Academic Excellence Program at Oregon

The University of Oregon School of Law seeks a Director for the Academic Excellence Program.  You can find the application portal here.

Department Summary

The University of Oregon School of Law is a dynamic ABA-accredited law school and Oregon’s only public law school. Degrees offered include Juris Doctor (JD), Master of Laws (LLM), Master of Conflict and Dispute Resolution (CRES), and a minor in undergraduate legal studies. Oregon Law’s mission is to provide a world-class education. We prepare students through excellent classroom teaching paired with a multitude of practical experience opportunities and robust professional development. Our faculty produce exceptional research and scholarship. We accomplish our mission in a positive, inclusive environment where we strive to provide everyone opportunities to grow, contribute, and develop. Our aim is to learn, teach, and practice the principles of equity and justice as critical foundations for our overall effort to achieve excellence as a top-ranked law school. Success in this work requires a diverse group of people in various faculty and staff roles working in one of our two locations, Eugene and Portland. The University of Oregon is located within the traditional homelands of the Southern Kalapuya. Learn more about Oregon Law at law.uoregon.edu, and consider joining our team.

Position Summary

Oregon Law’s Academic Excellence Program is dedicated to supporting every JD student’s academic achievement from matriculation through graduation by teaching students to be effective learners and helping them to develop critical thinking and analytical skills. The Director of the Program oversees and provides academic support, with an emphasis on helping 1L students to transition to law school and on assisting 3L students in their preparation for the bar. The position will be responsible for continuing to evaluate and build the Academic Excellence Program.

The position requires a passion for working with and mentoring students, excellent communication and leadership skills, organizational prowess, initiative, and self-motivation. Considerable judgment and tact are required in handling many diverse students, donors, alumni, distinguished guests, and faculty members to coordinate the smooth execution of the program’s mission and goals.

The Director holds a 1.0 FTE, 12-month, fixed-term, career non-tenure-track position that reports to the Associate Dean for Academic Affairs.

Minimum Requirements

• JD from an ABA-accredited law school.
• Record of academic excellence.
• Must have attained a license to practice law (need not be current).

Professional Competencies

• Ability to build rapport with students in individual counseling situations and maintain student and student record confidentiality.
• Demonstrated ability to 1) work effectively with students, staff, and faculty from culturally diverse backgrounds and with multiple intersectional identities; and 2) advance diversity, equity, and inclusion in the university community.
• Strong oral, written, and interpersonal skills and the ability to work successfully with a diverse group of clients, students, and faculty members.
• Ability to work effectively with persons from culturally diverse backgrounds, including students of color, international students, non-traditional students, returning learners, and to foster sensitivity to and competency regarding diverse issues in a university community.
• Strong organizational, administrative, and supervisory skills with proven ability to develop strategic plans and vision; set goals; strategize, prioritize, and meet deadlines.
• Proven or potential for teaching success.
• Flexibility to adapt and respond as necessary as the Academic Excellence Program develops and grows.

Preferred Qualifications

• Prior teaching experience or experience working with graduate students, especially experience working with students on academic skills.
• Prior experience building and running an academic program, including supervising staff and student employees.

AASE Bids Paulina Davis Farewell, Welcomes Natalie Rodriguez

It is with a sad heart  I announce that Paulina Davis will be stepping down from her position as Secretary on the Board of Directors for AASE because February 18th was her last day at New York Law School. Paulina will be moving on to a very exciting project outside of legal education: she will be making a documentary film focusing on an important aspect of New York City’s history and the power and promise of cooperative economics in the City’s housing landscape. We think this is an amazing project, and are very excited to see it come to fruition. We thank Paulina for her work within the AASE community and wish her the best of luck going forward.

 

We welcome Natalie Rodriguez as our acting Secretary of AASE. Natalie is currently an Associate Dean of Academic Success at Southwestern Law School. Natalie will serve the reminder of Paulina’s term, which runs until the end of May 2022. We very much appreciate Natalie stepping up and taking over, being the embodiment of the ASP community. We know she will be amazing, and very much look forward to working with Natalie.

(Melissa Hale)

“Cognitive Resistance” and Law Student Underperformance

We all probably have experience with students resisting learning.  My earliest encounter with this occurred in my first year of teaching when two police officers were enrolled in my evening division legal writing class.  The spring assignment just so happened to be a criminal law problem, and the two officers rejoiced.  

As we worked through the problem, however, these two intelligent, hard-working students struggled.  They were incredulous when the class as a whole decided that self-defense was a subjective rule, and they exclaimed that they each had handled dozens of cases where self-defense required an analysis of “the reasonable person” – a decidedly non-subjective test.  Despite my explanation that the Model Penal Code had a different rule than our common law jurisdiction, these students' first drafts of the assignments were not so much appellate briefs but instead polemics against subjectivity in self-defense.  Luckily the draft was not worth many points, and the two soon better understood the idea that different jurisdictions have different rules.

But I have observed this dynamic repeatedly.  I have seen paralegals insist that a demurer cannot possibly be a motion at the beginning of litigation to clear out actions failing to state a claim.  (That is the purpose of FRCP 12(b)(6), after all).  I have had English majors resist CREAC or IRAC for sake of the liberal arts essay structure.  And despite honors-level performance in law school and years of experience, a few foreign-trained lawyers underperformed because common law rule synthesis cannot possibly be a thing.  I could go on and on. 

In thinking through these struggles, I started considering what I called “cognitive resistance.”[1]  This phenomenon leads to students subconsciously challenging pre-learned knowledge to frustrate the adoption of new knowledge that is inconsistent with prior learning.  This idea fits into the constructivist theory of learning, that:  “[L]earners build new knowledge upon the foundation of previous learning.  This prior knowledge influences what new or modified knowledge an individual will construct from new learning experiences.”[2] 

I think of this theoretical concept as a giant Tetris screen, where prior knowledge sits at the bottom of the display, and the falling shapes represent new knowledge.  When learners successfully manipulate those shapes into the structure below, they “fit” with the prior knowledge, integrate seamlessly into it, and foster the development of greater understanding.  When improperly manipulated, possibly due to errant conceptualization of the prior knowledge, the shapes stick out and prevent additional learning from “fitting” into the now blocked gaps below.  I theorize that this blocking of the gaps is the cognitive resistance that my police officer students encountered.

So what do we do about this?  I have taken two interconnected approaches.  First, I explain to the students the nature of their confusion and expose them to legal authority proving the point.  For instance, I show them the exact words in the MPC that establish a subjective rule.  I have them read the FRCP even though they have yet to study Civil Procedure.  I sketch out an annotated diagram of IRAC and compare it to the visual representation of the classic liberal arts essays.  I have them rewrite the work in a manner that properly arranges the concept.  As such, I have them experience the knowledge integration rather than have them take my word for it.  This approach comports with the constructivist theory’s pedagogical method of problem-based learning.[3]

The second approach I take is the more important one.  I simply explain to students this theory of cognitive resistance.  In so doing, I take away the zero-sum-game that they are wrong or that I am wrong.  I replace these negative affective emotions[4] with a less confrontational message that their confusion is not due to a lack of aptitude but instead a normal and documented phenomenon[5] that they can overcome. 

I will be honest; this does not always work.  There are powerful emotional forces at play here, especially for nervous 1Ls who negatively self-judge for even the tiniest learning struggles.  As Professor Cassie Christopher explains, the projection of perfection message we send in legal education is that any degree of struggle a student might experience demonstrates their unsuitability for law practice.[6]  Cognitive resistance certainly “fits” within this negative conceptualization and blocks our attempts to foster growth in potentially excellent future lawyers. 

It does not to be that way, though.  Understanding cognitive resistance and directly addressing it would help unblock the mental logjam and could foster better student success. 

(Louis Schulze, FIU Law)

--------------

[1] Others also have  called this "learning resistance" or "resistance to knowledge restructuring."  See Lewandowsky, S., Kalish, M., & Griffiths, T. L. (2000). Competing strategies in categorization: Expediency and resistance to knowledge restructuring. Journal of Experimental Psychology: Learning, Memory, and Cognition, 26(6), 1666–1684. 

[2] Phillips, D. C. (1995). The good, the bad, and the ugly: The many faces of constructivism. Educational researcher, 24(7), 5-12.

[3] Savery, J. R., & Duffy, T. M. (1995). Problem-based learning: An instructional model and its constructivist framework. Educational technology, 35(5), 31-38.

[4] B. Kort, R. Reilly and R. W. Picard, "An affective model of interplay between emotions and learning: reengineering educational pedagogy-building a learning companion," Proceedings IEEE International Conference on Advanced Learning Technologies, 2001, pp. 43-46.

[5]  See Lewendowsky, supra, note 1.  This study found that injecting previously undisclosed complexity into a learning pattern midstream produced less learning than introducing the additional information at the beginning.  The authors called this "resistance to knowledge restructuring."  

Catherine M. Christopher, Normalizing Struggle, 27 Ark. L. Rev. 73 (2020).

Learning Curve Submissions

The Learning Curve, the biannual publication of the AALS Section on Academic Support, is currently soliciting articles for the next edition. Please send your submissions by Monday, March 14.

The Learning Curve is a great place to share ideas and begin publishing.  I am sure most ASPers are doing unique and fun activities in classes and building great programs.  Don't assume everyone knows how to do what you are doing.  Share it with us.

I can't wait to read the next edition.

Professor of Practice at Nova Southeastern

Nova Southeastern has an opening for a Professor of Practice in the ASP Department.  The ASP Department is a large, collaborative department. They have developed a research-based, innovative program that supports students from the start of law school through the bar exam, and there is opportunity and support for professional development in teaching, programming, and research. The department consists of 8 people, including the Assistant Dean of ASP, 5 Professors of Practice, an Administrative Director, and an administrative support person. 

Nova Southeastern University Shepard Broad College of Law is located in sunny South Florida, just a short drive to Fort Lauderdale, on a lovely tropical campus. 

 

If you are interested in submitting an application, please send your cover letter and cv/resume to ASP Administrative Director Bernadette Carnegie Baugh ([email protected]) for consideration by the Search Committee. Applicants will later be required to complete the university's online application as well. 

Divide to Conquer

I've been asking my students - a lot - to share with me what they are learning this semester.  Sometimes it takes the form of a few questions asked at the end of the class with one minute reflections submitted as "exit" passes. More often its a few days later via reflection exercises with answers submitted online.

One of my students recently boiled down what the student has been learning about learning to this: "Divide and conquer."  In explanation, the student shared that learning is most productive when it comes learning in "chunks."  I couldn't have said it better.  

Divide your learning into chunks, space learning out, practice lots, especially if you are getting ready for midterm exams, and avoid the all-night cramming sessions at all costs.

In short, take control of your learning by doing a little bit for each course every few days, in chunks.  

At first it won't feel very comfortable because, having taken a day or two off from the subject to work on other subjects, it will take lots of mental perspiration to bring it back to mind.

But, just like strengthening muscles, the learning happens because of the hard work and perspiration.  And, just like muscle building, it takes constant practice and work, day by day and bit by bit.  As one of our colleagues Professor Paula Manning put it, train your brain like you train your muscles for an athletic event.  That's a great way to think about it.  (Scott Johns).

 

Academic and Bar Support Scholarship Spotlight

This week's scholarship spotlight: 

DeShun Harris (Memphis), Do Black Lawyers Matter to the Legal Profession?: Applying an Antiracism Paradigm to Eliminate Barriers to Licensure for Future Black Lawyers, 31 U. Fla. J.L. & Pub. Pol'y 59 (2020).

From the abstract:

The legal profession has an anemic representation of Black lawyers. In 2020, the population of Black lawyers was 5% of the legal profession compared to White lawyers who made up 86% of the profession. Drastic action is needed to change this disparity. The time for changing that disparity has never been clearer than now. The Black Lives Matter movement took hold of the nation in 2020 after the death of George Floyd and the protests that followed. It now may be the largest movement in U.S. history. The movement has engaged the public by raising awareness about issues impacting Black Americans and by charging institutions with making change. Many have argued that the movement was aided by the disruption caused by COVID-19, which confined people to their homes giving them time to consider race issues and ways they could engage in changing those issues.5 Given the limited representation of Black lawyers in the profession, what can the legal profession do in this movement to eliminate barriers to licensure for future Black lawyers? 

This Essay will explore how antiracism can provide a path for the legal profession to eliminate barriers to licensure for aspiring Black lawyers. Specifically, this Essay will examine the current licensing policies that promote racial inequities by applying an antiracism paradigm. But the antiracist paradigm requires more than identifying the problem, it requires dismantling policies and replacing them with policies that eradicate barriers. Thus, this Essay will evaluate solutions the legal profession can undertake to eliminate the barriers to licensure for aspiring Black lawyers. 

(Louis Schulze, FIU Law)

Love Letter

 

 

 

Dear ASP and Bar Prep colleagues:

I am writing this very quick post to send all the love to you today. I know that you are putting your own life on the back burner to help students prepare for the February bar. It is truly a labor of love to help students tackle an exam that does not always measure what it purports to assess.

If your students are not showing you the love today, then please hear it from me: You are seen, valued, appreciated, and instrumental-so thank you. And I know that in 3 short months, you will gear up to start this all over again with new students who will hopefully know how amazing you are.

(Liz Stillman)

Assistant Director for Academic Excellence and Bar Success at Turo

Touro Law Center seeks an enthusiastic candidate with superior academic credentials to join our Academic Excellence and Bar Success Department. The ideal candidate will be a highly organized, detail-oriented, and intellectually curious team player who is committed to the Touro Law Center mission, law teaching and learning excellence, and is eager to engage with students throughout law school and bar exam preparation.

This is a full-time professional staff position. The candidate who is selected will report to the Asst. Dean of Academic Excellence & Bar Success Programs and will work collaboratively within the Department and with other law school faculty and staff to promote student success in law school and on the bar exam. Work will include but is not limited to: teaching in-person and online courses and workshops, counseling and mentoring students regarding academic excellence and bar success developing, updating content, creating and tracking assessments within an online learning management system, gathering and analyzing data and other work to advance academic excellence and bar exam success. Evening and sometimes weekend availability is necessary.

Responsibilities

• Counsel, teach, and mentor law students individually and in groups
• Work with others in the department to develop and implement workshops and course content
• Assist in the gathering and analysis of data relevant to academic and bar success outcomes
• Become knowledgeable and stay current with all aspects of the bar exam and all other requirements for licensure in NY
• Assist in maintaining records associated with the law school’s academic and bar success programs
• Grade and provide extensive feedback on numerous formative and summative assessments
• Communicate professionally and effectively to students, faculty, staff, and alumni
• Other duties related to academic and bar success as assigned by the Asst. Dean of Academic Excellence & Bar Success Programs. 

Qualifications

Degrees

• Juris Doctor degree with a record of high academic achievement from an ABA-accredited law school
• Must be admitted to the bar in at least one United States jurisdiction.

Knowledge/ Skills/ Abilities

• Committed to excellence and continuous improvement in law school teaching and learning
• Demonstrate a commitment to the Touro Law Center mission and to legal education
• Team player who can work collaboratively with others 
• Self-starter who can demonstrate initiative and work well independently.
• Ability to work both in person and online and sometimes during evenings and weekends.
• Excellent writing, speaking, and interpersonal communication
• Excellent organizational skills are essential
• Technology fluency; knowledge and experience working with Microsoft Office, Zoom, or other distance communications tools, Canvas or a similar online learning management systems, social media,and other technology experience
• Experience working with statistics and data is not required but will be an asset to the position as will experience with video and audio recording and editing

 

You can find the posting here:  https://tcnycareers-touro.icims.com/jobs/7864/assistant-director-for-academic-excellence-and-bar-success/job?mobile=false&width=1216&height=500&bga=true&needsRedirect=false&jan1offset=-420&jun1offset=-360

 

Big Plays - Small Steps

It's just a week and a half before the February 2022 bar exam.  For some of our bar takers, probably most, they are not sure, despite weeks of laboring studies, that they are ready, at all.  That's completely understandable, even natural.  So I have thought experiment.

I recently heard a speaker say that no one on the football field knows whether the next play will be the big one - the proverbial game changer.  Rather, each player lines up and gives it the utmost best, no knowing whether the next play will be the big one.

You see, big plays start just like small plays, step by step, push by push, and motion by motion.

I think it's a bit like that with the bar exam.  

For those of you taking the Feb bar exam, don't give up, on yourself, on your learning, and on your purpose.

Regardless of how you feel, step up each day, with courage, conviction, and curiosity, making it your aim to "move the ball forward" a little bit more, with each opportunity you take to practice another essay or a batch of multiple-choice questions. Stick with it.  And, when you fumble something, don't consider that as a step backward but rather as an opportunity to learn something that you didn't understand a few moments prior to that problem.  Keep growing; keep learning; keep on at it.

In short, don't stop learning.  Far too many people, I fear, with a week to go before the bar exam, start to huddle in the locker room so to speak, taking exams to see if they have a passing score yet.  

But your scores today do not determine your destiny tomorrow, unless you let them. So don't take practice questions as opportunities to test yourself, to prove yourself, but rather to learn.  Otherwise, in essence, you are giving up a week before the bar exam.  You are still in the game, the game of learning. Learn big. Live big, as if every opportunity is an opportunity to grow and learn, because it is.  You never know which question on your bar exam is going to be the game changer but, by preparing through lots of practicing with the purpose of learning, you're well-prepared to take the little steps that will be the game changer for you. Best of luck on your bar exam!  (Scott Johns).

Academic and Bar Support Scholarship Spotlight

Christopher J. Ryan, Jr., and Derek T. Muller, The Secret Sauce: Examining Law Schools that Overperform on the Bar Exam (SSRN post, January 30, 2022).

This article draws important conclusions regarding the efficacy of law school academic support, among other things.  The authors conducted a mixed-quantitative/ qualitative analysis to determine schools’ “value-added scores” in terms of bar passage and compared the bar passage strategies of overperforming, average, and underperforming schools. 

Some quotes from the findings and conclusions: 

From pages 37-38:

“[L]aw schools can mitigate [. . .]  threats to their students’ bar success by designing and implementing reforms with the greatest student-oriented challenges in mind. Examples of low-cost reforms—to the law student and law school, alike—that potentially mitigate [. . . ] threats to bar success identified by overperforming law schools include increased first-year academic support and bar exam preparation courses in the 3L curriculum.”

From page 38:

“[M]any of the law schools in the bottom quantile [of the ranking of ‘value-added scores’] overwhelmingly do not opt for either of these approaches but rather require students to take more substantive courses tested on the bar-exam, require faculty to implement formative assessments into the curriculum, and require increased faculty focus on bar-tested topics….”

From page 40:   

“Indeed, our results may be obvious to the academic support community, but they may also provide evidence to administrators and faculty who have been hesitant to change existing practices or to invest in the appropriate kinds of changes that redound to their students’ success on the bar exam.”

From the abstract: 

Despite recent signs of improvement, since 2010, law schools have faced declining enrollment and entering classes with lower predictors of success. At least partly as a result, the rates at which law school graduates pass the bar exam have declined and remain at historic lows. Yet, during this time, many schools have improved their graduates’ chances of success on the bar exam, and some schools have dramatically outperformed their predicted bar exam passage rates. Our study examines which schools do so and why.

We began our research by accounting for law schools’ incoming class credentials to predict an expected bar exam passage rate for each ABA-accredited law school. We then examined each law school’s aggregated performance on the bar exam tests for which its graduates sat based on relative and absolute performance, weighing the difficulty of each state’s bar exam. Through this analysis, we identified law schools that have consistently higher and lower first-time bar exam passage rates over a period of six years: 2014-2019. In addition to identifying overperforming law schools on the bar exam, our methodology is a novel contribution not only to the legal education literature but also to the quantitative methodological literature, given its unique tailoring of the classic value-added modeling design to the realities of the bar exam.

In the second phase of our research, we surveyed administrators at these overperforming and underperforming law schools, as well as law schools in the middle of the distribution, to qualitatively assesses how these law schools approach bar support and bar success of their students. Collectively, this research provides significant insight into how law schools are responding to recent negative trends in bar passage rates, validates successful approaches to mitigate this trend, and recommends a suite of options available to law schools seeking to improve their bar passage rate.

(Louis Schulze, FIIU Law)

Let's Face the Music

I have spent the last few weeks working with students who did not perform as well as they (or their doctrinal professors) thought they should on exams. While information on what went wrong on multiple choice exams is scarce (other than not choosing the correct answer), determining where things went awry on essay questions is diagnostic gold. So, like I am sure we all do, I tell students to go talk to the professors about their exams. This isn’t a novel idea to the students, but often the reaction I get is abject fear.  Here are some things you can tell students about the necessary post-mortem conversation:

1. The Professor isn’t going to lower your grade. There is a lot of paperwork and sometimes even a faculty vote involved, so it is extremely difficult to change a grade in any direction. You are more likely to have the U.S. Supreme Court grant certiorari on an appeal than for a professor to change your grade based on this conversation.
2. The Professor is very, very unlikely to raise your grade unless there is a clear mathematical error. See above (less paperwork and no votes when it is math).
3. There may be some fiery hoops to jump through to get to this conversation. There are no three-headed dogs guarding the gates, but you may need to pick up your exam, check the class-wide comment sheets, check your individual grading rubric, and read any posted sample answers before you even attempt to sign up for an appointment.
4. Jump through the aforementioned hoops and then make the appointment.
5. Keep the appointment. Trust me, there is someone who could have used this appointment and by making it and monopolizing this time, you have an obligation (unless it is an emergency) to not waste it.
6. Prepare concrete questions for the appointment-not, “what did I do wrong?” but more, “I see the rubric indicated that you were looking for a different restatement section here, can you explain why that one was more applicable than the one I mentioned?” Write these questions down because you will get flustered. Also, write down the answers because your relief that this meeting is over will erase the answers from your memory.
7. This is going to be hard. There is no way (and no need) to sugarcoat it. Facing the reality that you did not do well is really hard and hearing the details is even harder.
8. It is worthwhile-because the information from this meeting will form the basis of the plan that we will work on together to prevent the issues from reoccurring. The emphasis is on “we,” because you are not alone in this journey. ASP is with you.
9. It is also worth noting that while the Professor is very unlikely to yell at you, belittle you, mock you, or tell you to leave law school altogether, you may see it that way in the heat of the meeting. Try to distinguish your inner voice from the comments and critique they are giving you. If you have done this and realize that the call is not coming from inside the house, please come tell me and we will make a plan to address it.
10. Someday you will laugh about the fear you had going into this meeting. I recognize that today is not that day.

So, as Irving Berlin said in 1936[1], “Before the fiddlers have fled; Before they ask us to pay the bill; And while we still have the chance, Let’s face the music and dance.”

(Liz Stillman)

[1] https://en.wikipedia.org/wiki/Let%27s_Face_the_Music_and_Dance

Managing Responses

I enjoy watching golf tournaments with my kids, and WHOOP sponsors a new fun feature.  WHOOP is a  wearable that monitors certain health data.  The focus is on physical strain and recovery.  Users start an activity, and the band tracks heart rate along with other data.  The fun part is some golfers allow the TV broadcast to show their whoop data before certain shots.  Viewers can see in real time what Rory McIlory's heart rate is walking up the fairway to win.  The astonishing thing I see is many players hearts either maintain or even slow during pre-shot routines immediately preceding the shot.  They maintain calmness, and then their heart races watching the result.  Justin Thomas' heart rate skyrocketed watching an eagle putt drop and when one of his tee shots came too close to the water.  However, his heart rate slowed during his pre-shot routine, which is when I am most nervous hitting a golf shot.

The best in the world create a routine to stabilize their body in important moments.  All of us can do the same thing.  As faculty, we can create routines immediately prior to class to optimize our teaching effectiveness.  Their heart rates during golf are higher than regular activity, but they stabilize and drop them during the most important moments.  That provides the physical and mental clarity to do their best.  Our activities may not seem as physical as sports, but we need mental clarity to create the best educational environment.  Techniques to stabilize heart rates for performance can help our teaching.

Stabilizing heart rates can have massive impacts for students taking exams.  The last minute studying 5 minutes before the exam starts with the anxiety of a single test contributing the majority of the points to final grades would cause anyone's heart to race.  Professionals find a way in the stressful environments (with shots worth millions of dollars) to stabilize heart rates.  Many strategies exist to help any of us during these situations.  Here are a few I heard about:

1.  Lemon Squeeze - Ball up the hands to control blood flow.  Some people feel more in control thinking they are controlling blood flow.

2.  Imagining a non-distracting place - Picture having fun in a place that is not the current situation.

3.  Deep breaths from the diaphragm.

I am not a specialist in controlling my heart rate, but these techniques were recommended to me when I feel my heart racing.  I recommend reading and asking specialists about different ways to maximize our performance in teaching and on exams.

(Steven Foster)

AASE Call for Proposals Extended to Feb. 14th

The 9th AASE National Conference  will be held both in person and virtually May 24-26, 2022. The 9th Annual Conference is hosted by St. Mary's University School of Law in San Antonio, Texas. 

The theme for the May 2022 Conference is "Making Waves, Breaking Barriers: Building Better Lawyers." We welcome proposals on the usual topics – Diversity, Mental Health, Bar Prep, Academic Success, Online Learning (*usual topic as of last year*), etc. – in alignment with the theme.

We will be accepting proposals until February 14th.  Submit your conference proposals HERE.  

AASE Calling for Award Nominations!

AASE will once again provide awards to acknowledge excellence in the academic support field at the annual conference.  AASE developed the following recommendations for the Award Committee:

 

·         AASE should recognize members’ valuable contributions to law school academic support

·         AASE awards should have as an important objective the recognition of early and mid-career ASP professors

·         AASE Awards should be for specific work or in specific categories

·         The goal of AASE awards should be honoring contributions, not covering categories

 

The 2022 Awards committee, DeShun Harris (chair), Laura Mott, and Melissa Hale,  are soliciting nominations for contributions by individuals, or in appropriate circumstances, groups, in any of the following areas:

 

1.       Specific ideas or innovations—whether disseminated through academic writing, newsletters, conference presentations or over the listserv

2.       Specific services to the profession—e.g., advocacy with the NCBE, etc.

3.       Providing services to students

4.       Promoting diversity in  the profession and expanding access to the legal profession

5.       Mentoring and supporting others in ASP

 

Recognition may be given to more than one individual or group in any of these categories, and no category requires an award in any one year. We fully recognize just how many ASP educators have made heroic contributions to their students and to the profession. For these reasons, the Awards Committee will consider all nominations received, while keeping in mind there must be a reasonable limit for awards in any one year. Anyone in law school academic support may offer nominations, but current AASE Board members and AASE Awards Committee members are ineligible for recognition. Awards recipients must be members of AASE at the time an award is bestowed. 

 

Please send your nominations to DeShun Harris ([email protected]) by Monday, March 7th, 2022.

 

Thank you,

 

AASE Awards Committee 2021

Academic and Bar Support Scholarship Spotlight

Several interesting recent releases:

1.    Miceli, Antonia, From a Distance: Providing Online Academic Support and Bar Exam Preparation to Law Students and Alumni During the COVID-19 Pandemic, 65 St. Louis U. L.J. (2021).

From the abstract:

At its core, an academic support program’s mission is to help students improve their academic performance. But academic support programs also serve a broader purpose. They serve as a bridge between students, faculty, and staff, supporting faculty in their curriculum and course development and nurturing the connections between members of the law school community. They often develop and improve relations with alumni through bar exam preparation efforts. And, sometimes, they are even involved in the recruiting of new students. Through all of these interactions with students, faculty, staff, and alumni, academic support programs foster a sense of community within the law school. This Article introduces the reader to the field of law school academic support and explains the academic support program at SLU Law, both pre- and post-COVID-19. It then focuses on three areas that were the most critical to shifting the SLU Law academic support program online in the wake of the pandemic: (1) building a community with and for our students, (2) translating our physical space into an online presence, and (3) building online courses and adapting our programming while considering new questions of accessibility.

2.    Bahadur, Rory D. and Bramble, Catherine, Actively Achieving Greater Racial Equity in the Law School Classroom (forthcoming 2022). 

From the abstract:

2020 and 2021 continue to illustrate the pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and outdated reality, the legal academy has been reluctant to alter the traditional method of teaching. Tangible, empirical evidence obtained from data-driven cognitive learning science research demonstrates that active learning not only improves learning outcomes for all students, but also mitigates the structural effects of racism in the classroom thereby increasing racial equity. Most law professors do not fully understand what active learning entails and underestimate how different an active learning classroom looks from a traditional Socratic class. Once educators explore the evidence in this article supporting active learning as a pedagogical method for increasing greater racial equity in the classroom, understand why most of the rationales frequently cited in support of Socratic teaching are unsupported, and implement the tangible and feasible techniques discussed to facilitate the transition away from Socratic towards active learning, the inertial resistance to the change will be overcome. In so doing, law professors can embrace best teaching practices, experience maximum learning gains for their students, and create classrooms where every student is engaged, included, and supported in a truly equitable learning environment.

(Louis Schulze, FIU Law)