Tuesday, October 18, 2022
This week's scholarship impacting those in the academic and bar support field:
1. Kathryn Hobbis (J.D. 2022, Georgetown), Note, Zoom School of Law?, 34 Geo. J. Legal Ethics 1025 (2021):
From the conclusion:
The Coronavirus pandemic has exposed the inconsistencies in the ABA standards for law school accreditation. Currently, J.D. students are not able to earn their degree through fully virtual classes. Students can earn some credits through distance education, but not enough to complete their degree. There has been a push to reopen primary and secondary schools closed due to the pandemic because of the benefits in person schooling provides to those students. Those benefits do not translate to the law school context because the services do not exist for law students. Engagement and attendance gaps and the digital divide are creating a situation where not all virtual primary and secondary schools are the same. High income students are receiving a better education and low-income students are falling even further behind. These concerns do not translate well to law schools because students are choosing to attend law school and would be engaged and could use student loans to bridge the digital divide. The current ABA policy is in direct conflict with other ABA standards that allow for virtual education for LL.M students and Continuing Legal Education credits. Due to the pandemic, law schools have been to grant more credits for distance education credits suggesting that the ABA believes that they are a viable way for students to learn. This double standard should be changed to create uniformity among ABA guidelines.
The ABA, state bar associations, and law schools will have to work together should this proposal be implemented to create successful fully virtual J.D. programs. Schools will need to share best practices and other success strategies to ensure that students who are taking classes solely online are still receiving a highquality education. After adopting this program, the ABA will need to advocate for schools to implement fully virtual programs to make sure that this change is not moot. Adoption of this proposal will remove some inconsistencies in the ABA accreditation standards.
2. Janet Thompson Jackson (Washburn), Wellness and Law: Reforming Legal Education to Support Student Wellness, 65 How. L. J. 45 (2021).
From the abstract:
No one goes to law school with the expectation that their mental health and overall well-being will be significantly compromised during those three years. But, for a substantial number of law students, it is. It does not have to be this way.
This is not a typical law review article. It cannot afford to be. Most law students begin law school as reasonably happy and well-adjusted people. We must ask, what is it about law school that contributes to the disproportionate decline in student wellness? The answer to that question is complex because many of the very factors that make good lawyers also contribute to their mental health challenges.
This paper contains a blueprint, borne out of experience, of how to reimagine legal education with a focus on wellness. This goes beyond a general call to action, but rather presents concrete actions that faculty, law administrators, and students themselves can take to effectively manage the stresses inherent in law school and the legal profession. These changes will be long-term and will profoundly impact the well-being of not only legal practitioners, but the very practice of law itself. There will be resistance, but making this transition is crucial. We know that when law students first enter law school their psychological profile is similar to that of the general public, but their depression rates increase drastically across three years of legal education. Lawyers have the dubious distinction of being the most frequently depressed professionals in the U.S., and the legal profession ranks among the highest in incidence of suicide by occupation.
Two recent and major events have exacerbated this already dire landscape of wellness dysfunction: COVID-19 and widespread protests associated with the quest for racial justice. For students who managed their addiction recovery or mental health challenges in part by having the structure and accountability of a classroom setting and nearby counseling services, social distancing threatens those means of coping. Then the killings of Breonna Taylor, George Floyd and others ignited a wave protests that likely caused some law students to experience race-based and other types of trauma. The absence of a culture of wellness in law schools may lead law students to endure these added traumas in silence.
As other movements have found national and global recognition recently, it is time for a wellness crusade in legal education. Just as movements have galvanized the public to demand action on issues of racial injustice, gender equality, and climate change, so the legal profession must take steps to comprehensively address the wellness crisis spanning the lecture halls to practice. Just as America must be willing to undergo an honest reckoning and radical reforms in order to evolve into a more just and equitable society, law schools and the legal profession must undergo foundational changes in order to graduate healthy and whole students. The reforms outlined in this article not only reimagine the law school experience for thousands of law students, but they would, over time, lead to a qualitative change in the delivery of legal services themselves. The legal profession, indeed our lives, literally depend on it.
[Posted by Louis Schulze, FIU Law)