Law School Academic Support Blog

AASE Must Have Materials

I was extremely grateful to see everyone at AASE.  It was my first conference since 2020, and I had a blast.  I learned so much from the presenters, so if you couldn't make it, I wanted to pass along quick synopsis of presentations to go grab the materials.  Before I make my list, I will apologize to those not on the list.  There were great presentations not on my list that I didn't see (others may blog about those).

 - Bridging the Gap by Tina Benigno, Melissa Hale, and Toni Miceli - They did a great job explaining a few different ways to conduct a pre-matriculation program.  Tina and Toni have a great program.  The information on how they did it is useful.

- 10 Tools for Academic and Bar Success Educators by Erin Crist, Debbie Shapiro, and Dawn Young - I loved this presentation because they reminded me of the different ways to help students learn material.  They demonstrated 10 teaching techniques.  Many people, or at least me, tend to use techniques that work for them.  I know I use one of the techniques on their list nearly every class because I like it.  This made me think of other ways to teach similar concepts but with a different technique to reach different students.  Their handout was really good.

- Measuring Hope by Paula Manning - Watch her SSRN page for an upcoming article about hope.  She argues that many of the concepts we teach (Growth Mindset, Self-Regulated Learning, etc.) have hope as an underlying theme.  She used a specific academic definition of hope and showed how it could impact our students.  

- Consciousness Raising by Marta Baffy - Marta explained how using language learning techniques in law school classes could help our students understand new concepts.  Her exercises were great.

- NCBE Session - This will end up being a full blog post at a later time, but I didn't want to completely ignore it.

- Teaching Like NextGen Happened by Kris Franklin - She discussed a world where everything was awesome, and we taught students how to do lawyering tasks in all classes.  Programs used curriculum maps to support learning outcomes.  She talked about how to conduct classes with those skills, then encouraged participants to write a book to compete with hers.  I will probably just stick with trying to integrate her materials into my class.

- Outsourcing Self-Regulation by Marsha Griggs - Watch her SSRN page for an interesting article that argues the judiciary is outsourcing the regulation process when courts rely so heavily on an outside agency to license attorneys.

- From Mayhem to Magic by Ellen Douglas and Kristin Lasker - They demonstrated a great tool for departments to use to collaborate on projects.  Their powerpoint information will be good if you are looking for better organization and project management.

- MBE Analysis by Scott Johns and Ashley Cetnar - They did an interesting experiment with two different ways to approach MBE questions.  One side of the room only had the call of the question and answer choices, and the other side only had the facts with the call of the question without answer choices.  It seemed both sides did equally well answering the question.  

- Ludic Pedagogy by Bryce Woolley - Bryce discussed Ludic pedagogy (which is similar to games in the classroom), then he demonstrated how he used a branching program to create a choose your own adventure game for a bar exam question.  This would take significant time, but the resource looked engaging.

I could not attend everything, but I loved everything I attended.  When the materials are on the AASE website, I highly suggest going through all of them.  I can't wait until next year (with potentially more potato stress balls).

(Steven Foster)

2023 AASE Best of the Best

This morning at the AASE Conference business meeting, we were lucky to honor a number of our colleagues for their outstanding contributions to the profession this year. Here are the 2023 Award winners:

ASP Innovator Award, Tania Shah, Director of the Academic Success Department at Western State College of Law and Westcliff University in Irvine, California:  Tania is an author, an entrepreneur, and a champion of lost middle students. Upon receiving the award, Tania thanked her mentors and said, “In 2020 I got stuck in CA and applied for a visiting job. Thanks to mentors, and my team...I didn’t think 3 years ago this would be happening." Three years later she has grown and directed her program. Congratulations Tania!

AASE Inspiration Award, Steven Foster, Director of Academic Achievement at Oklahoma City University School of Law: Steven is not only the editor of this blog (who, I will note decidedly did not write this entry), but he is also the embodiment of Academic Support and has been for the past 14 years at OCU. Upon receiving his award, he said, "Thank you all for the award, it is all of us, all of you that provide inspiration for students and each other. It matters for us and our schools.” Thank you Steven!

Student Support Award, Stephanie Desiato, Associate Director of Academic Success, Director of Student Services, Elisabeth Haub School of Law at Pace University: Stephanie has devoted her career to guiding and supporting students in multiple settings. She is a collaborative and caring colleague. In accepting her award, she told us, “Thank you to all. My parents were teachers, being an educator is in my blood. It takes a special type of person to do what we do.” Amazing Stephanie!

Guiding Light Award, Laura Mott, Director, Academic Skills for 1L Evening Program, CUNY School of Law: Laura literally lights the way during the evening hours for her students. She told us, “This is an incredible honor.. I share this award with each of you in this room and I have been lifted up and guided by everyone in this room. This is more than just teaching. As ASP educators we are in tricky situations, AASE is a connective tissue that lifts us. When I come here, it is home. We share love.” Shine on Laura!

Outstanding Debut Award, Iris Fugate, Director of Bar Performance & Assessment, Professor of Practice, Golden Gate University School of Law: Iris' work lives at the intersection of students and data. She has been using data to make a difference in her short time in the academic support realm. Accepting on Zoom, Iris told us, “I am so so honored to be recognized by this group of people. I feel like I arrived 5 minutes ago, but it has been the best five minutes. You do this work by loving each and every one of your students as individuals.” Welcome Iris, we are so glad you are here!

Institutional Leadership Award, Tommy Sangchompuphen, Associate Dean for Student Learning, Associate Professor, Lincoln Memorial University Duncan School of Law : Tommy has developed LMU's extremely successful bar and ASP programs. Look for him on the road with his BarExm license plate. Congratulations Tommy!

2023 Hosts with the Most Award: Santa Clara University School of Law: our hosts this year greeted us with open arms and took care of every little detail to make this conference a success. The warmth we felt being with you was coming from inside the building. Thank you so very much to SCU's amazing Liza-Jane Capatos, Devin Kinyon, and the amazing students who were there to kindly help us out.  You were awesome!

(Liz Stillman)

 

MPT advice part 4: the magic word, "Here,"

This is part 4 in a series of posts with MPT advice. Last week we covered the rule statement in four parts.

If you have written your rule statement thoroughly, you will likely have given the facts, holding, and rationale from a case in the Library with a fact pattern similar to yours. You will have written a sentence that follows the pattern, “The court held ___________, because____________,” where the first blank states the court’s holding as to the issue you are writing about, and the second blank contains the facts the court relied on in reaching the holding.

After you have written your rule statement in four parts, hit return and start a new paragraph. That paragraph should always start with the magic word, “Here.” “Here,” is a magic word in legal writing, because it signals to every sophisticated consumer of legal writing (including bar graders!) that the writer is about to give their analysis. Bar graders

After the word “here,” tell what you think is going to happen in your fact pattern.For instance,

• In an objective task, you might say, “Here, similar to [authority case], the court will likely find the defendants liable for noise nuisance.” Or,
• In a persuasive task you might say, “Here, similar to the defendants in [authority case], the defendants are liable for treble damages.”

And then write a few sentences giving the facts from the File that are similar to the facts in the authority case. Be as specific as you can. So, if you are talking about the way your client, Ms. Jones, suffered, don't say, "The defendant's behavior upset Ms. Jones," but instead use the specific facts you are given, such as, "The defendant's behavior caused Ms. Jones to experience depression and anxiety, for which she sought treatment from a therapist. Ms. Jones lost 5 pounds over the course of two weeks, and is no longer able to sleep through the night." Be very specific when using the facts from your library. The MPT is testing your ability to identify and use relevant facts.

Essentially, you want to paint the picture that the court in the authority case came to a conclusion on the issue based on certain specific facts, and so a court in your case will or should come to that same conclusion because the facts are similar (or a court in your case will come to a different conclusion because your facts are different).

 

(Lisa DeLaTorre)

Best Practitioners

Greetings from Santa Clara, California, and 10th Annual AASE conference! The sun is shining, and it is amazing to see everyone-the people I have missed in our pandemic years as well as people I had not met in person before today (like the amazing editor of this blog, Steven Foster!)

Here are the things I've learned so far (today was the day for "newbies" to learn the ins and outs of Academic Support):

1. There are palm trees here-but they are not indigenous to this area. But they are so pretty swaying in the wind. I know they'd not survive a New England winter, but I wouldn't mind giving a try....
2. ASP People are the best people-actually, I already knew that, but proof of this fact was undeniable today. We are the kindest, most generous, and collegial academics out there. And if you argue with me about that, I'll most likely ask you for your sources and then have you frame a counterargument because that is what we do, but I won't be thrilled about it.
3. Although I am far from a newbie, I was bolstered by listening to the most respected folks I know tell me what their process is, and even more exciting: it is my process too!!! Which is not to say I didn't learn amazing new things, but I am so happy I am engaging in best practices. Phew!
4. We are doing world class scholarship and lifting each other up with it. This is wonderful!!
5. I cannot wait to see what else (and who else!) I will encounter tomorrow.

I am looking forward to spending more time learning from, as well as hanging and laughing with the amazing community. We value each other when we aren't universally valued in other realms. we are family.

(Liz Stillman)

 

Assistant Dean for Academic Success and Associate Director of Academic Success at NYLS

New York Law School seeks 2 positions in Academic Support.  The Assistant Dean of Academic Success and the Associate Director of Academic Success.  Both position announcements are below.

Assistant Dean for Academic Success

New York Law School (NYLS), located in the heart of Tribeca, seeks an Assistant Dean for Academic Success who will be

a key member of the Law School’s leadership team and will report to the Associate Dean for Academic and Bar Success

Initiatives. The Assistant Dean for Academic Success will work in collaboration with the Dean, Academic Dean, and faculty

colleagues to lead the implementation of innovative strategies and programs that will enhance preparation for law school

success. The Assistant Dean will also teach appropriate courses. To achieve the significant goals NYLS has established for

the academic success of its students, the Assistant Dean for Bar Success will play a large leadership role.

Responsibilities

• Work closely with the Associate Dean for Academic and Bar Success to provide every student with a seamless continuum

of robust academic support from post-admission to graduation, helping students achieve the best possible academic and

bar outcomes

• Play a principal role in the faculty’s review and assessment of current academic success indicators, their relationship to bar

passage, and the development of proposed curricular and co-curricular changes to achieve our academic success objectives

• Ensure that proper communications (messaging, marketing, and awareness), scheduling, and coordination of academic

support services are offered year-round by working collaboratively with faculty, administrators, alumni, and students

• Teach in New York Law School’s 1L programming, including, but not limited to, the Summer Advantage Institute, Fall

Orientation, Foundations for the Study of Law, First-Year Academic Support Program, AIM for Success, and Success in 2d

Semester Workshop Series

• Teach in New York Law School’s upper-level J.D. programming, including, but not limited to, the Fall 2L Orientation and

the Success in Evidence Workshop series

• Recruit, train, and oversee Teaching Fellows in the First-Year Academic Support Program and the Success in 2d Semester

Workshop Series

• Counsel students individually about bar preparation awareness and planning for success strategies from day one of their

law school careers

• Work closely with NYLS’s offices of Institutional Research, Academic Planning and Career Development, Student Life,

and Bar Success, faculty who teach first-year and bar courses, and others to modify existing indicators for academic

success and to identify students in need of individualized intervention in each year of study

• Work with the Office of Institutional Research to identify applicable data sets and determine what analysis must be

conducted and to collect data regarding student engagement on campus; as needed, present data at meetings to faculty,

trustees, and other groups

• Collaborate with the Associate Dean for Academic and Bar Success to hire, evaluate, and support other professors

teaching at the Summer Advantage Institute, the Foundations for the Study Law courses, and the second-semester 1L

AIM for Success program

• Conduct additional skills programming and workshops with student organizations, as needed

• Support and counsel students experiencing academic difficulty to develop effective strategies to ensure success

• Serve on faculty committees as assigned by the Academic Dean

This is a senior administrative, year-round position with the possibility of faculty status, depending on qualifications,

experience, and performance. This is a full-time position with a higher workload during the fall and spring semesters and a

lower workload during the middle of the summer semester.

 

Requirements

• J.D. from an American Bar Association-accredited law school, license to practice law in the United States

• At least three years of prior law school academic or bar support teaching experience

• Superior written, verbal, and interpersonal skills

• A strong commitment to service and evidence of ability to collaborate with and inspire and motivate a diverse population

of faculty, students and staff in a variety of settings

• Proficiency at project management, including, but not limited to, developing, planning, and implementing goals

• Proficiency in recruiting, training, management of full-time team members and student teaching assistants

• Ability to work collaboratively with all members of the Law School community

• Ability to collect, interpret, and analyze data

• Ability to work under pressure

• Some evening and weekend availability required

• Knowledge of academic programs pertaining to law students

• Working knowledge of formats for written legal analysis (e.g., IRAC, CIRAC, CREAC)

• Knowledge of educational theories and learning styles

• Working knowledge of the Uniform Bar Exam

• Proficiency with Microsoft Office and the ability to learn new programs as needed

Compensation

The position offers a salary range of $120,000 to $135,000 and a highly competitive benefits package.

How to Apply

Submit a cover letter, curriculum vitae to Kitty Montanez, Associate Director of Human Resources, at [email protected]. Your

cover letter should specifically address how your academic and professional background informs your prospective ideas on

engaging law students.

 

Associate Director of Academic Success

New York Law School (NYLS), an independent law school in the heart of Tribeca, seeks an Associate Director of Academic

Success Initiatives who will assist the Academic and Bar Success Initiatives team with the overall management of the

School’s academic success initiatives. The individual will collaborate, design, coordinate, and deliver academic support

programming to assist J.D. students with the development of the critical skills necessary to succeed in law school, on the

bar exam, and in practice.

The Associate Director of Academic Success Initiatives will work under the leadership of the Associate Dean for Academic

and Bar Success and the Assistant Dean of Academic Success. The primary focus of the Associate Director’s position

is academic success initiatives. This is a full-time, year-round position with a higher workload during the fall and spring

semesters and a lower workload during the middle of the summer semester.

The Associate Director will be provided with opportunities for professional development and training on learning theory and

pedagogy.

Responsibilities

• Work to collaborate, design, coordinate, and deliver academic support programming under the direction of the Associate

Dean for Academic and Bar Success and the Assistant Dean for Academic Success

• Use predictive data to perform targeted outreach to students in need of intensive support to succeed in first-year and

upper-division courses

• Work with students before and during orientation—as well as during the first and second years of law school by

evaluating and providing both groups with individualized feedback, monitoring progress in their core courses, and

mentoring them throughout their development as expert law students

• Teach in New York Law School’s 1L programming, including, but not limited to the Summer Advantage Institute, Fall

Orientation, Foundations for the Study of Law, First-Year Academic Support Program, AIM for Success, and Success in 2d

Semester Workshop Series

• Teach in New York Law School’s upper-level J.D. programming, including, but not limited to, the Fall 2L Orientation and

the Success in Evidence Workshop series

• Recruit, train, and oversee Teaching Fellows in the First-Year Academic Support Program and the Success in 2d Semester

Workshop Series

• Coordinate work with other departments to address the needs of 1L and upper division students

• Conduct additional skills programming and workshops with student organizations as needed

• Under the supervision of the Assistant Dean for Academic Success, develop, coordinate, evaluate, and monitor study

plans and activities for upper-level J.D. students; provide students with timely feedback on work product and learning

strategies as well as test-taking, time management, and organizing skills

• Stay abreast of trends in the academic and bar support field

 

Requirements

• J.D. from an American Bar Association-accredited law school, license to practice law in the United States

• A suitable combination of one to three years of academic or bar success experience; relevant practice experience; adjunct

instruction, law school teaching assistant work, other significant past teaching; and/or relevant law student leadership or

student support roles is required for candidates

• A strong commitment to service and evidence of ability to collaborate with—and inspire and motivate—a diverse

population of faculty, students and staff in a variety of settings

• Superior written, verbal, and interpersonal skills

• Proficiency at project management, including, but not limited to, developing, planning, and implementing goals

• Ability to work collaboratively with all members of the Law School community

• Ability to collect, interpret, and analyze data

• Ability to work under pressure

• Knowledge of academic programs pertaining to law students

• Working knowledge of formats for written legal analysis (e.g., IRAC, CIRAC, CREAC)

• Knowledge of educational theories and learning styles

• Working knowledge of the Uniform Bar Exam

• Proficiency with Microsoft Office and the ability to learn new programs as needed

• Some evening and weekend availability required

Compensation

The position offers a salary range of $80,000 to $85,000. Compensation includes a competitive benefits package.

How to Apply

Submit a cover letter, curriculum vitae to Kitty Montanez, Associate Director of Human Resources, at [email protected]. Your

cover letter should specifically address how your academic and professional background informs your prospective ideas on

engaging law students.

Assistant Director of Academic Excellence at Pepperdine

Pepperdine Caruso School of Law is hiring an Assistant Director of Academic Excellence! This position offers the opportunity to teach, mentor, and lecture for Bar Prep and Academic Support.  The law school and Pepperdine community writ large are welcoming, supportive, and truly caring.

 

I should also mention that you will be working in Malibu at the most beautiful beachfront campus in the world: pictures here

 

Learn more and apply here: https://jobs.pepperdine.edu/jobs/assistant-director-of-academic-excellence-malibu-campus-california-united-states

MPT Advice Part 3: the rule statement in four parts

This is part 3 in a series of posts with MPT advice. Last week, you learned how to make your MPT to-do list, and to flip the assigned legal issues into questions to help you do a careful reading of the Library. Today we will talk about the rule statement in four parts. After reading hundreds of student MPTs, and leaving mountains feedback on students’ analysis, I finally realized that if you don’t set up your rule clearly and correctly, it is nearly impossible to write good analysis. On the other hand, if you set up the rule correctly, the analysis almost writes itself.

 

Rule statement in four parts

Not every legal issue on every MPT will follow this exact structure, because not every legal issue has all these components in the Library. Some won’t have or need an explanation sentence, some don’t have an authority case. But as you read the Library, for each assigned legal issue, you should be on the lookout for each of these components, and include them in your answer when you can. Items 1 and 2 go in the first paragraph together; items 3 and 4 go in the second paragraph together.

1. When sentence
2. Explanation sentence
3. Authority case: facts
4. Authority case: holding and rationale

 

1. When sentence:

Examples:

“Courts hold ___________ when ____________.” Citation. Or

“Under Franklin Revised Statutes, a person is liable for noise nuisance when_______________.” FRS sec. 123(a)(4).

 

I call this the “when sentence” because you can almost always make a clear statement about the law using a sentence that contains the word “when.” To practice writing the overall rule on a legal issue using this when format, go through your old outlines and write a few when sentences. For example,

“Courts will order specific performance when_______”

“A person commits robbery when_______”

“Courts may exclude relevant evidence when________”

Of course you don’t need to bring this outside knowledge of specific law into the MPT; I suggest this exercise just to help you cement the structure.

 

2. Explanation sentence:

Almost every time you use a “when sentence,” you will need to give an explanation sentence, possibly even two or three. The explanation sentence(s) might be language from a case that defines a term used in your when sentence, or it might be a limit on the application of the when sentence, or similar. Your when sentence and explanation sentence(s) should all be in the same paragraph together, immediately following your substantive issue heading. Make sure you give a citation after each sentence.

 

3. Authority case: facts, and 4. Authority case: holding and rationale

Now, start a new paragraph for the last two parts of your rule statement in four parts”

3. Authority case facts: “In Casename [brief summary of the case: who are the parties, who sued whom, what is the dispute].” Id.

4. Authority case holding and rationale: “The court held [holding as to the legal issue] because [rationale].” Id.

Many, but not all, legal issues on the MPT will call for use of an authority case. That is, many legal issues on the MPT call out for you to give the facts, holding, and rationale from a case included in the MPT Library, because it has facts similar to your case’s facts. The facts, holding, and rationale for this authority case will be the second paragraph under your substantive heading.

 

Give the facts of the case (who sued whom and why) in a sentence or two. Don’t get carried away here. Many students are tempted to say way too much here, but all you need to do is tell the reader who sued whom and why; that is, how did this particular legal issue end up in front of the court?

 

Then, state what the court held as to the legal issue, and give the court’s rationale. This is a great place to do a self assessment: if you don’t have a sentence in this paragraph that goes something like, “The court held . . . because . . . . ” that is a sign that you are leaving out a necessary part of the discussion.

 

Pitfalls to avoid:

Keep your sentences and your paragraphs short. Group the when sentence and the explanation sentence(s) into one paragraph. Hit return, and group the authority case facts, holding, and rationale into another paragraph. Avoid the temptation to make these four components into one long paragraph.

 

This authority case paragraph should be short: only a sentence or two to understand who sued whom and why, and maybe three or four sentences to tell what the court held, and to identify the facts that the decision turned on. For a lot of people, the temptation is strong to give a lot of facts, and a lot of procedural history, and then to completely skip the holding and rationale. Train yourself that any time you give the facts of a case, you must have a sentence that begins “The court held . . . . ”

 

 

(Lisa DeLaTorre)

 

 

 

Setting New Goals for Our Next Decade and Beyond

This is our final guest post celebrating AASE's 10th Anniversary, from AASE President Ashley London

As we prepare to celebrate the 10^th anniversary of the Association of Academic Support Educators (AASE) at the Santa Clara University School of Law next week (!!), I think it is exciting to formulate our plans for the next decade and beyond for this dynamic organization.

We are re-igniting our “Newbie Conference” portion after COVID set us back on our heels, as it did for most organizations across the country. This is a critically important component that helps bring newcomers into AASE to keep us vital and thriving. We hope those of you who will be attending and arriving a little earlier will feel free to drop and meet our new colleagues and begin creating and fostering those mentoring relationships we all have benefited from during our time with AASE.

During the conference in Santa Clara, I am going to ask every one about joining (and perhaps even leading or co-chairing) one of our amazing committees, and about refreshing our commitments to our committee goals.  We have a lot of work to do as we prepare for our fourth bi-annual Diversity Conference, October 11-13, hosted by the American University Washington College of Law, and our Diversity Committee is doing a great job putting this event together. Our Scholarship Committee will be ushering in a new crop of academic scholars as part of our collaboration with AccessLex, and we will be looking to update our technology use and website in the coming year with the Online Presence Committee. Our Programming Committee is responsible for the incredible conference we will all be attending, our Assessment Committee is excited to reveal their findings from the country’s only comprehensive survey of our profession, and our Mentoring Committee is working diligently to connect mentors and mentees. Finally, our Bar Advocacy Committee is responsible for working with the NCBE to present the Q&A session at the conference, a session we hope will provide our membership with more detailed knowledge about the NextGen bar examination and its rollout. I’m also very excited about ushering in our new Executive Board members, so please make sure you cast your votes.

We have so many ways for you to become involved that not only highlight your skills and interests, but that will continue to elevate our profession and this organization as a whole.

We are living in “interesting times,” as the adage goes, and our members in the ASP and Bar Preparation communities are more vital to our students’ success than ever as we continue to foster diversity, equity, and inclusion in our law schools, and as we face the challenges of a potentially new bar examination product (NextGen) from the National Conference of Bar Examiners (NCBE).

As I move into the second year of my unique tenure as President of AASE, I’d like to share a passage from Michelle Obama’s book, “The Light We Carry: Overcoming in Uncertain Times.” I’ve been devouring this book, and I highly recommend it to all of us facing similar challenges in the legal academy- the challenges to our sense of belonging, our expertise, the uncertainty of our places sometimes, but most of all in balancing our drive to make things better for our students, our law schools, with protecting those tender parts of ourselves so we do not burn out and lose hope.

This passage jumped out at me and reminded me that each one of us has an incredible amount of power and potential here in the AASE organization. It reminded me that none of us alone has to bear the entire burden of changing our world. But if we each do a little bit, our light, our influence, our strengths, and our successes, can be magnified. It only takes a spark. I hope 2023-2024 year inspires each of us to bring our sparks with us to our AASE community so that we can continue to grow, influence, and change our circumstances collectively and individually.

From Michelle Obama: “I believe that each of us carries a bit of inner brightness, something entirely unique and individual. A flame that’s worth protecting. When we are able to recognize our own light, we become empowered to use it. When we learn to foster what is unique in the world around us, we become better able to build compassionate communities and make meaningful change.”

Excelsior!

-Prof. Ashley M. London, AASE President

Setting New Goals for Our Next Decade and Beyond

This is our final guest post celebrating AASE's 10th Anniversary, from AASE President Ashley London

As we prepare to celebrate the 10^th anniversary of the Association of Academic Support Educators (AASE) at the Santa Clara University School of Law next week (!!), I think it is exciting to formulate our plans for the next decade and beyond for this dynamic organization.

We are re-igniting our “Newbie Conference” portion after COVID set us back on our heels, as it did for most organizations across the country. This is a critically important component that helps bring newcomers into AASE to keep us vital and thriving. We hope those of you who will be attending and arriving a little earlier will feel free to drop and meet our new colleagues and begin creating and fostering those mentoring relationships we all have benefited from during our time with AASE.

During the conference in Santa Clara, I am going to ask every one about joining (and perhaps even leading or co-chairing) one of our amazing committees, and about refreshing our commitments to our committee goals.  We have a lot of work to do as we prepare for our fourth bi-annual Diversity Conference, October 11-13, hosted by the American University Washington College of Law, and our Diversity Committee is doing a great job putting this event together. Our Scholarship Committee will be ushering in a new crop of academic scholars as part of our collaboration with AccessLex, and we will be looking to update our technology use and website in the coming year with the Online Presence Committee. Our Programming Committee is responsible for the incredible conference we will all be attending, our Assessment Committee is excited to reveal their findings from the country’s only comprehensive survey of our profession, and our Mentoring Committee is working diligently to connect mentors and mentees. Finally, our Bar Advocacy Committee is responsible for working with the NCBE to present the Q&A session at the conference, a session we hope will provide our membership with more detailed knowledge about the NextGen bar examination and its rollout. I’m also very excited about ushering in our new Executive Board members, so please make sure you cast your votes.

We have so many ways for you to become involved that not only highlight your skills and interests, but that will continue to elevate our profession and this organization as a whole.

We are living in “interesting times,” as the adage goes, and our members in the ASP and Bar Preparation communities are more vital to our students’ success than ever as we continue to foster diversity, equity, and inclusion in our law schools, and as we face the challenges of a potentially new bar examination product (NextGen) from the National Conference of Bar Examiners (NCBE).

As I move into the second year of my unique tenure as President of AASE, I’d like to share a passage from Michelle Obama’s book, “The Light We Carry: Overcoming in Uncertain Times.” I’ve been devouring this book, and I highly recommend it to all of us facing similar challenges in the legal academy- the challenges to our sense of belonging, our expertise, the uncertainty of our places sometimes, but most of all in balancing our drive to make things better for our students, our law schools, with protecting those tender parts of ourselves so we do not burn out and lose hope.

This passage jumped out at me and reminded me that each one of us has an incredible amount of power and potential here in the AASE organization. It reminded me that none of us alone has to bear the entire burden of changing our world. But if we each do a little bit, our light, our influence, our strengths, and our successes, can be magnified. It only takes a spark. I hope 2023-2024 year inspires each of us to bring our sparks with us to our AASE community so that we can continue to grow, influence, and change our circumstances collectively and individually.

From Michelle Obama: “I believe that each of us carries a bit of inner brightness, something entirely unique and individual. A flame that’s worth protecting. When we are able to recognize our own light, we become empowered to use it. When we learn to foster what is unique in the world around us, we become better able to build compassionate communities and make meaningful change.”

Excelsior!

-Prof. Ashley M. London, AASE President

Double Digits!!

Happy Monday! Our conference begins in about a week, and it is a big one (double digits!). Please see the note below from Afton Cavanaugh about a cool project that we are undertaking to commemorate our 10th Anniversary. We need your input-having a national organization is an important step towards our professional goals, so we should celebrate its longevity and our dreams for the future together.

My personal countdown of school lunches left to prepare (ever, since my youngest is graduating in a few short weeks) is a 9 to go. More on that next week.

(Liz Stillman)

Hi Everyone -

I am working on putting together a short slideshow for the AASE Business Meeting to commemorate 10 years of AASE. I have pictures to add to the slideshow, but I would love to add quotes and short video snippets of no more than 10-20 seconds that answer any of the following questions:

• In one sentence, what has AASE meant to you?
• What word or phrase would you use to describe the AASE community?
• In 1-2 sentences, tell us about something you learned from a past AASE conference that you have used in your role?
• In 1-2 sentences, tell us how a member of AASE helped you.

Please address only one question per video. You may upload multiple videos though. These videos do not need to be fancy, the only thing you should ensure is that you record in a well-lit area. Upload your video to this folder: AASE Memories. 

You can also answer one or more of these questions on the word document located here if you prefer not to create a video: Quotes.docx. 

You may also email me, but videos are often too big to send via email. If you record via Zoom and make the file downloadable, you can email me the Zoom recording link. I won't be able to use everything I receive, but we can add everything with the conference materials so that you can see what anyone that shared had to say. 

Best,

Afton Cavanaugh
Assistant Dean of Law Success 

Service Professor in Law

St. Mary’s University School of Law
                                                                      

MPT advice, part 2: reading the task memo

This is part 2 in a series of posts with MPT advice. If you missed the first post in the series, an overview, from April 20, 2023, you might want to check it out. Today’s post will focus on how to do an in-depth, active read of the task memo, write your to-do list, set up your document, and get yourself prepared for an active read of the Library. But first, before you complete any practice MPTs, it is a good idea to take a moment to review what the MPT is designed to test. Once you refresh your understanding of the skills you need to showcase, it is easier to write a superior MPT answer.

 

Read carefully

Begin each MPT with a brief perusal of the table of contents, and then a careful reading of the task memo. Start at the very top, including the letterhead and the memo heading. These items will give you important contextual clues about the role you are playing in this MPT. Are you a judge’s clerk? A junior associate in a firm? An assistant district attorney? That information is implied in the letterhead and memo heading, so don’t skip them. Make sure you understand your role in this MPT world as you are fulfilling the request in your boss’s task memo.

Continue reading the task memo, paying particular attention to the last or second-to-last paragraph, where you typically learn the task type (are you writing a memo? demand letter? opinion letter? brief? etc.), and often the legal issues. Although older MPT task memos could run on for more than one page, more recent MPT task memos are typically only one page and contain the task type and assigned issues in the last or second-to-last paragraph. Keep an eye out for any language that is flagged with numbers, or with words like, “first, . . . ” and “second, . . . . ” When writers want to highlight the importance of material, they often number it. Such flags should cause you to really slow down and make sure you understand the language that follows it.

 

Make your to-do list

As you read the task memo, you should be asking yourself four questions, and writing the answers.

1. What is the task type? And is it objective or persuasive?
2. What are the legal issues? (These are generally whatever you are told to “analyze” or “argue,” or sometimes “address.”)
3. Any details on what to include and exclude, to emphasize, or anything specific to cover?
4. Any formatting instructions?

Let’s assume we represent the Jones family who live next door to the Smith family, and the last paragraph of the task memo says:

“Draft me a memo analyzing whether 1) the Smiths will be liable for noise nuisance if the Joneses sue, and 2) whether the Joneses will be likely to collect actual, double, or treble damages. You need not prepare a separate statement of facts, but in each part of the memorandum you should incorporate the relevant facts, analyze the applicable legal authorities, and explain how the facts and law affect your analysis. A carefully crafted subject heading should precede each discussion section. Assume that the potential buyers of the Joneses home walked away from deal explicitly because they did not want to live next door to the noisy Smith family.”

(Did you see how I flagged the legal issues with the “1)” and “2)”? You see that often in the task memos.)

Using this example above, your to-do list that looks like this:

1. Objective memo
2. Legal issues
1. Will the Smiths be liable for noise nuisance?
2. Can the Joneses collect actual, double, or treble damages?
3. ASSUME: the noise from the party at the Smiths’ house caused the Joneses to lose the sale of their home
4. Carefully crafted subject headings before each discussion

Eventually, after lots of practice, you may get to a point where you can stop writing your to-do list on your scratch paper, and instead you can just think it through. But in your early days of MPT practice, I encourage you to exercise the discipline to write it out, to get in the habit of asking yourself these questions each time.

 

Start filling in your answer (reasonable minds can differ)

Now that you have your to-do list, you are organized and ready to start typing in your answer document. Often, there is enough information to create a very bare-bones outline. If you are assigned a letter or a memo, put the letterhead at the top of the page.* Fill in all the other mindless, window-dressing items specific to that task type that make a memo look like a memo, and a letter look like a letter, etc.

Often the task memo identifies for you the specific legal issues you are asked to address, like in the example above. You should use this information to fill in the beginning of your substantive headings. In this example you would write:

A. Noise nuisance

 

B. Damages

 

Start formulating questions

It is now time to prepare yourself for an active reading of the Library. Generally, you should not expect the Library will make you a gift of clearly identifiable rules. You will have to use your legal analysis skills to dig the rules out of the cases and other authority. The easiest way to find the rules is to know what you are looking for, and the easiest way to know what you are looking for is to convert your legal issues into “when” questions.

In this example, you would take the assigned legal issue of “noise nuisance” and convert it into a question like, “When, or under what circumstances, will a court find neighbors to be liable for a noise nuisance?” For the damages issue, “When, or under what circumstances, will courts award actual, double, or treble damages for a noise nuisance?” Write these questions out on your scratch paper, right next to your to-do list. Keep these questions visible as you read the Library. If you feel yourself drifting off in space as you read, glance over at your questions and remember what you are looking for.

 

Next week

Next week I will explain what to do when you get to the Library, how to write a rule statement in four parts for the MPT, and how to formulate fact questions to help you do a careful and efficient read of the File. For now, work on understanding how to write a to-do list from a task memo, and converting legal issues into "when" questions.

 

* Some bar prep professionals think it a poor use of time to type letterhead on MPTs, and in one way I agree with that. Adding letterhead to your letters and memos will almost certainly not directly earn you points on the MPT, and it does use up some time. It doesn't score you points but it is a good way to get yourself typing something. Remember that for most bar exams, the MPT is the first component test you encounter, on the first day of the bar exam. If an examinee is going to freeze, it is likely to happen during the MPT. Training yourself to start with something simple like letterhead can break you out of that freeze. So, if you want to skip letterhead, feel free; there is a lot of good advice out there that encourages examinees to skip it. But if you think your nerves might overcome you on MPT day, it is a good habit to have. Maybe all your other legal reasoning and analysis has flown out the window, but you can at least type letterhead, and that will get you moving and lead you to the next step.

 

 

(Lisa DeLaTorre)

Academic and Bar Support Scholarship Spotlight

1.  Elizabeth Ruiz Frost (Oregon), Failure Begets Failure: An Examination of the Psychology of Failure and How Law Schools Ought to Respond, 48 STETSON L. REV. 33, 33 (2018) (describing how law schools contend with interim failure (failing a course), as opposed to terminal failure (dismissal)).

From the introduction:

[T]his Article explores how students and professors experience and respond to student failure to better understand why failure begets failure. Part II describes the various approaches to legal education and includes a discussion of some of the internal and external motivations that create pressure for law schools. Those pressures drive schools’ curricular choices regarding failure. Next, Part III illustrates how some American law schools currently work with students who experience interim failure. And finally, Part IV explains some of the root causes of student failure and how that failure affects a student’s opportunities for success going forward. Because of the psychological and cognitive causes and effects of failure, simply requiring a student to retake a failed course can be a meaningless fix for the student. Instead, law schools should be more creative and flexible in addressing student failure, ideally by crafting a remedial course that attends to both the pastoral and academic needs of a failing student. Of course, that requires a significant commitment of resources. At a minimum, law schools that allow a failing student to continue with a course of study ought to require the student to engage in supplemental academic support that coincides with retaking the failed course. 

2.  While looking up the article above, I came across another piece by the same author:  Elizabeth Ruiz Frost, Feedback Distortion: The Shortcomings of Model Answers as Formative Feedback, 65 J. LEGAL EDUC. 938 (2016).

From the introduction:

[T]his article addresses the separate question of whether the use of models can be an effective method for conveying feedback for law school exams and papers. Part II of this article will explain the various purposes of giving feedback. After all, professors have both pedagogical and practical justifications for offering a model answer as feedback. Part III will explore the costs of using models as feedback. More specifically, it explains how students tend to understand model answers and finds that metacognitive and mindset barriers prevent some types of students from learning from model answers. In short, weaker students tend to misinterpret model answers and are less capable of accurately assessing their own work against the model. And finally, Part IV will offer suggestions for using models more effectively to provide feedback. Model answers can be an expedient and illustrative way of demonstrating a theory, principle, or skills, but to be effective they must be paired with additional information like detailed grading rubrics or required professorstudent or peer conferences.

---------

Posted by Louis Schulze (FIU Law).

    

Come as You Are

You’ve got love this time of year in Massachusetts. Last Thursday, it was around 46 degrees and rainy, and on Saturday, I got sunburnt sitting at my daughter’s college graduation. On Sunday morning, I waited outside for an hour on line to get breakfast at a new bakery that opened in my neighborhood that appears to be “insta famous.”[1] I got on line at around 7:55 a.m. (they open at 8) and it had already stretched around the corner from the storefront. It was a great vantage point for seeing everyone walking by (and their truly adorable dogs) as well as the folks on line. As I waited, here is what I saw: some folks were wearing winter coats or down vests, some were wearing quarter-zip fleeces (yes, it is New England), some were wearing workout gear, some wore shorts, some wore jeans, and some were wearing pajamas. A look down showed me Uggs, sneakers, flip-flops, crocs, and sandals. And yes, someone wearing a winter coat was also wearing shorts and Uggs. Again, it is an insta-worthy kind of place. But it reminded me that there is no objective way to “feel” the weather: how someone feels in terms of comfort and temperature is almost entirely subjective.

In this same way, no student feels the same during exams. A student who has done very well all semester--has outlined, studied, and done practice questions--may be more nervous than I think they should be-and the truth is, my dismissal of their exam anxiety is not going to help. At this point in the semester, I am also weary and my patience (which was never endless) seems to be experiencing some supply chain issues. So, as much as I would like to just tell the student, “you are fine,” I need to hold back my exhausted sighs and listen. I can gently counter with the evidence I have that they will, indeed, be okay.  But my secret is that I always leave students with a task. It is something small-something they will likely excel at- and it is something to do rather than sit and stew in the feelings of being inadequately prepared for the exam. Am I giving them busy work to distract them from a self-destructive mindset? Yes, but I am also having them perform a task that will help them do better on the exam. Sometimes it is a set of multiple choice questions, sometimes it is making a Quizlet or other flashcards, sometimes it is going back and streamlining their outlines to just the headers (in a separate document-no deletions!) and use that to test themselves (added bonus: they can see that the number of possible issues on the exam is fewer than it seems). I have recommended making flow charts and/or tables.

Yet, I am careful. I always tell students that a little bit of exam anxiety is not a terrible thing, but anxiety that feels relentless or leads to mental paralysis is something that requires outside help. If I am really concerned, I will get our more specialized team to check-in with a student (Dean of Students, counselling center etc.). I am very cautious when I am walking in the territory of mental health.

The bottom line is that high-stakes summative assessments cause universal stress. There is no way around that-and for students who are seeing me because they have already hit some academic stumbling blocks, exams are even more fraught. And for students who have had nothing but academic success, the imposter syndrome can be overwhelming (“what if I was just lucky for the first exams?”). I should not be judging how students wear their exam nerves just because of the way I am looking at their forecast. How I feel about their likelihood of success carries some weight for sure, but it is not enough.

For the record, I was wearing a hoodie, shorts, and sandals; and my pistachio croissant was totally worth the wait.

(Liz Stillman)

[1] https://www.instagram.com/lakonparis.patisserie/?hl=en

*Please also remember to sign up for AASE Conference!*

Here is a final notification from our amazing host school colleagues:

We're asking that everyone planning to attend in-person register by May 8 for planning purposes.

Register here:  https://associationofacademicsupporteducators.org/events/2023-10th-annual-aase-conference/  (Make sure you're logged in for member pricing.)

Our travel and lodging advice is here:  https://docs.google.com/document/d/1TwitZa9gnEPLRTcOuqMmZhQIiWTZic7owCcK5yXpJ78/edit?usp=sharing

-Your colleagues at Santa Clara Law

Last Chance to Register for AASE

If you plan to attend AASE, they sent out the final reminder to register for the upcoming AASE conference.     They are asking that everyone planning to attend in-person register by May 8 for planning purposes.   Register here:  associationofacademicsupporteducators.org/events/...  (Make sure you're logged in for member pricing.)

Director of Academic Excellence at Washington and Lee Law School

Washington and Lee Law School is seeking candidates for the following opportunities:

Director of Academic Excellence and Professor of Practice
Assistant Director of Law Student Community and Belonging 

The Evolution of AASE and a New Era of Possibilities

Below is another post celebrating 10 years of AASE, by Jamie Kleppetsch

Boy has AASE evolved over the last ten years!  I remember being so excited for the first AASE conference—luckily, what happened in Vegas did not stay in Vegas.

AASE’s founders and early members knew they wanted AASE to host an annual national conference that would give all academic support educators (no matter how new) the opportunity to learn from each other and to provide members opportunities to share their expertise and innovations on a national stage.  This was especially important, given that we knew how hard it was to be selected to present at AALS and other conferences. Little did we know just how many wonderful ideas would flood into our proposals box—so many for each conference that we started combining similarly themed ideas into the same time slot.  This allowed all members an opportunity either to present original ideas or to collaborate with each other to create a whole new presentation.

We also knew we had to find a way to make it easier for attendees to find presentations on areas they wanted to learn more about. We created program tracks based on the broadest concepts the presentations fit into—like professional development, bar exam support, academic skills, etc.  But one area of programming stood out and we recognized early the need for a separate conference to better explore and develop its themes–diversity.  

In 2015, a by-law change added the position of Vice President of Diversity, and by the end of the 2016 national conference, the wheels were set in motion to host the first diversity conference. This conference was the first of many to focus scholarship, training, and support programming on issues affecting students of color and students from other groups historically underrepresented in the profession.  These conferences have focused on helping our students and colleagues successfully navigate law school, licensure, and diversifying legal education.

Leadership has always been a strong theme at AASE.  Over the years, we expanded positions on the executive board to provide consistency and continuity for our organization as people transitioned on and off the board each year. It also gave more colleagues the opportunity to hold national leadership positions. From the beginning—and knowing we needed everyone to pitch in to keep our organization growing and strong—we asked everyone to participate on at least one committee. Our members have been amazing at leading and serving these past ten years.

That amazing leadership has established AASE as a formidable organization of legal education advocators and given our voice great weight. We began our journey of advocacy with our own members and their struggle for status and recognition in their own institutions and as a discipline in legal education. We held programs on how to negotiate for better status in our institutions and shared our struggles and triumphs. We started the “Tip Your Dean” movement where members send notes to the deans of colleagues regarding their outstanding presentations, leadership, scholarship, advocacy, etc. to let deans know the amazing work performed by the academic support educator in their own school. We started advocacy on behalf of our students with organizations like the National Conference of Bar Examiners to open dialogue about the need for transparency and change in the bar exam. That advocacy has made it possible for the Q and A session with the National Conference of Bar Examiners at the AASE Conference in Santa Clara later this month.

We have done a lot in our short life, but we still have work to do. In fact, there is one item left undone from our early task list. Since 2015, we have been trying to create our own journal. We have had discussions with some schools to host it, but we are still looking for a home and a crew of talented academic support educators to run it. I am hopeful this dream will be realized before our next big anniversary.

I am honored to have been a member since the beginning of this organization and someone to shepherd her through her toddler stages. I look forward to the next decade of AASE and beyond. We showed you our vision and set it in motion. Are you ready to take up the mantle and show us yours?    

Academic and Bar Support Scholarship Spotlight

1.    DeShun Harris (Memphis), Let’s Talk About Grading, Maybe: Using Transparency About the Grading Process to Aid in Student Learning, 45 SEATTLE U. L. REV. 805 (2022).

From the abstract:

Talking about grades and grading in law school can feel as taboo, if not more, than talking about sex. Among law faculty, there is often no training and no discussions about how to grade other than being asked to moderate final grades to meet a curve. Students often seek information from each other or online sources where numerous blogs provide them with advice on how to talk to professors about grades, how not to disclose grades to others, and other advice about dealing with grades. What is not as forthcoming for many students is how exactly their professors evaluate their work product. But without discussions about grading practices among faculty and students, are law schools missing an opportunity to use grading discussions as part of their assessment efforts?

Much like the hit song Let’s Talk About Sex encourages its audiences to talk about sex as a means of emotional intelligence, law schools can talk about grading as an educational tool. This Article will discuss the history and meaning of grades to demonstrate how grading has evolved and can evolve. It will also discuss the processes professors use to grade and how to guide faculty to develop a shared understanding of grading standards. Finally, it will discuss how professors can engage students in grading conversations so that they can learn how to self-regulate and engage in the professional standards of the legal profession more effectively.

2.  Nachman N. Gutowski (St. Thomas (Miami)), STOP THE COUNT; The Historically Discriminatory Nature of the Bar Exam Requires Adjustments in How Bar Passage Rates are Reported, If at All, 21 Seattle J. Soc. Just. 589 (2023).

From the abstract: Despite its ugly history and persistent disparate impact on racial and minority groups, the Bar Exam is still a required step for (nearly) every jurisdiction in a law school graduate's quest to become an attorney. Deficiencies abound in the exam's inability to effectively evaluate the minimum competency of what newly minted attorneys should possess. It is left to the local jurisdiction to collect, analyze, and determine what mode to release and calculate results. There has been a recent shift in focus, and change of scope, in the American Bar Association Ultimate Bar Passage, Standard 316. Nevertheless, the local authorities provide pass rate data via public reports that are often not in line, or are even in definitional conflict, with the ABA standard.

A lack of standardized public disclosure for statistics on bar results has exacerbated inequities. The meteoric rise of the Uniform Bar Exam and its widespread adoption is impacting how results are compiled and reported. Solutions are straightforward, if not simple, to implement. Reporting agencies must assess and update their individualized calculation and publication methods to ensure accuracy and conformity to set standards. The American Bar Association must update its questionnaire and, at the very least, clarify its definition of first-time takers. Finally, the National Conference of Bar Examiners must proactively assist and provide data to law schools on examinees who transfer Uniform Bar Exam scores between jurisdictions, particularly within the first two years of graduation.

3.    Jane Grise (Kentucky) & Dorothy Evensen (Penn State), Getting It Right From the Start, __ Tenn. L. Rev. __ (forthcoming 2023). 

From the abstract:

For over 150 years, law professors have used the case method, which presumes that students arrive at law school with the capacity to closely read and analyze cases. This is a false assumption. Reading cases is challenging because cases represent a discipline specific genre that has a complex subject-matter, a novel structure, and challenging vocabulary. However, students do not need to unduly struggle if they are taught how to read cases “right from the start” of their legal education.

This article first reviews the development of the case method and the challenges it poses for incoming students. It goes on to describe a pedagogical approach, aligned with sociocultural theory, that has met with success in a variety of disciplines including legal education. The essence of the approach is that students can more effectively develop proficiencies in critical reading and legal analysis when they move through developmental phases where they are oriented to goals and concepts, engage in mediated activities with more knowledgeable people, verbalize concepts, and ultimately internalize concepts and processes. The article explains how this method produced significant positive learning outcomes for students in a summer pre-law program. The article concludes by discussing how the approach can be used in the law school setting and provides suggestions for curriculum, syllabi, and program organization. This new model for legal education enables students to develop a solid foundation, so they can learn more effectively through the case method.

Posted by:  Louis Schulze (FIU Law)